September 16, 2008

Exemption No. 8797B

##  Regulatory Docket No. FAA-2006-25434

Mr. Larry J. Gregory

President

Texas Aviation Hall of Fame

P.O. Box 3099

Galveston, TX 77552

Dear Mr. Gregory:

This letter is to inform you that we have granted your petition to amend
Exemption No. 8797, as amended. It explains the basis for our decision
and describes its effect.

# The Basis for Our Decision

By letter dated May 29, 2008, you petitioned the Federal Aviation
Administration (FAA) on behalf of Texas Aviation Hall of Fame (TAHF) for
an amendment to Exemption No. 8797, as amended. That exemption from
§§ 91.315, 119.5(g), and 119.21(a) of Title 14, Code of Federal
Regulations (14 CFR) allows TAHF to operate its North American B-25
(B-25) (registration No. N333RW and serial No. 4486734) and Boeing B-17G
(B-17) (registration No. N900RW and serial No. 44-85718) for the purpose
of carrying passengers for compensation or hire on local flights for
educational and historical purposes. The amendment you request would
also allow the carriage of cargo for compensation, in the form of
cremated human remains, for the purpose of dispersal from the B-25 and
B-17.

In your petition, you state that the TAHF has received requests from
family members of veterans and other individuals to spread the ashes of
their loved ones from the B-25 and B-17. You also indicate that there
has been no change in the conditions and reasons relative to public
interest and safety that were the basis for granting the original
exemption.

The FAA has determined that good cause exists for not publishing a
summary of the petition in the [Federal Register]{.underline} because
any delay in acting on this petition would be detrimental to TAHF.

# Our Decision

The FAA has determined that the justification for the issuance of
Exemption No. 8797, as amended, remains valid with respect to this
exemption and is in the public interest. The FAA has also determined
that permitting the dispersal of ashes from World War II-era aircraft is
in the public interest because families and loved ones would be able to
honor deceased veterans by dispersing their ashes from the type of
aircraft they operated or that are emblematic of the era in which they
served our Nation.

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701,
which the FAA Administrator has delegated to me, I grant Texas Aviation
Hall of Fame an exemption from 14 CFR §§ 91.315, 119.5(g), and 119.21(a)
to the extent necessary to allow TAHF to operate its North American B-25
(B-25) (registration No. N333RW and serial No. 4486734) and Boeing B-17G
(B-17) (registration No. N900RW and serial No. 44-85718) while carrying
passengers on local educational flights for compensation or hire and
flights conducted for the purpose of dispersing cremated human remains
(in accordance with 14 CFR § 91.15), subject to the conditions and
limitations below as appropriate to aircraft type and certification.

**Conditions and Limitations**

1.  This exemption applies only to the B-25, registration No. N333RW,
    serial No. 4486734 and B-17, registration No. N900RW, serial No.
    44-85718.

2.  TAHF must maintain the B-25 and B-17 in accordance with the---

    a.  Maintenance requirements as specified in the B-25 or B-17 type
        specification sheet, as amended;

    b.  FAA-approved maintenance inspection program that meets the
        requirements of § 91.409(e), (f)(4) and (g); and

    c.  B-25 and B-17 military technical manuals.

3.  The pilot in command (PIC) for the B-25 or B-17 must---

    a.  Hold at least a commercial pilot certificate with an airplane
        multiengine land rating, an airplane instrument rating, and a
        B-25 or B-17 type rating;

    b.  Have completed, within the previous 12 calendar months, TAHF's
        PIC qualification and recurrent flight and ground training
        program in the B-25 or B-17 for which PIC privileges are sought;

    c.  Have completed, within the previous 12 calendar months, TAHF's
        PIC proficiency check in the B-25 or B-17 for which PIC
        privileges are sought;

    d.  Have at least a total of 2,500 hours of aeronautical experience,
        1,000 hours of aeronautical experience in multiengine land
        airplanes, and 25 hours in a B-25 or B-17; or have at least a
        total of 1,000 hours of aeronautical experience in airplanes,
        200 hours of aeronautical experience in a multiengine land
        airplane, and 100 hours and 50 takeoffs and 50 landings in a
        B-25 or B-17; and

    e.  Have accomplished, within the previous 90 days, three takeoffs
        and three landings to a full stop in a B-25 or B-17 for which
        PIC privileges are sought. For initial PIC qualification in a
        B-25 or B-17 or if the pilot has allowed his/her takeoff and
        landing currency to lapse in a B-25 or B-17, the takeoff and
        landing currency may not be accomplished during
        passenger-carrying operations.

4.  The second in command (SIC) for the B-25 or B-17 must ---

    a.  Hold at least a commercial pilot certificate with an airplane
        multiengine land rating and an airplane instrument rating;

    b.  Have completed, within the previous 12 calendar months, TAHF's
        SIC qualification and recurrent flight and ground training
        program in a B-25 or B-17 for which SIC privileges are sought;

    c.  Have completed, within the previous 12 calendar months, TAHF's
        SIC proficiency check in a B-25 or B-17 for which SIC privileges
        are sought;

    d.  Have at least a total of 1,500 hours of aeronautical experience,
        250 hours of aeronautical experience in a multiengine land
        airplane; or have at least a total of 500 hours of aeronautical
        experience in airplanes, 100 hours of aeronautical experience in
        a multiengine land airplanes, and 25 hours and 10 takeoffs and
        10 landings in a B-25 or B-17; and

    e.  Have accomplished, within the previous 90 days, three takeoffs
        and three landings to a full stop in a B-25 or B-17 for which
        SIC privileges are sought. For initial SIC qualification in a
        B-25 or B-17 or if the pilot has allowed his/her takeoff and
        landing currency to lapse in a B-25 or B-17, the takeoff and
        landing currency may not be accomplished during
        passenger-carrying operations.

5.  TAHF must develop and maintain a written B-25 or B-17 qualification
    and recurrent ground training program for its PICs and SICs in the
    B-25 and B-17 that covers the training subjects listed below. Each
    PIC and SIC in the B-25 and B-17 must receive the following training
    within the previous 12 calendar months and be found to be competent
    and proficient in these areas prior to serving in a PIC or SIC
    position in the B-25 or B-17:

+-----------------------------------------------------------------------+
| REQUIRED TRAINING TASKS                                               |
+-----------------------------------------------------------------------+
| a\. General information and description of the airplane;              |
+-----------------------------------------------------------------------+
| b\. Aircraft limitations;                                             |
+-----------------------------------------------------------------------+
| c\. Aircraft servicing;                                               |
+-----------------------------------------------------------------------+
| d\. Airspeeds;                                                        |
+-----------------------------------------------------------------------+
| e\. Fuel system;                                                      |
+-----------------------------------------------------------------------+
| f\. Electrical system;                                                |
+-----------------------------------------------------------------------+
| g\. Hydraulic system;                                                 |
+-----------------------------------------------------------------------+
| h\. Engines;                                                          |
+-----------------------------------------------------------------------+
| i\. Instruments and avionics;                                         |
+-----------------------------------------------------------------------+
| j\. Landing gear, brakes, controls, and flaps systems;                |
+-----------------------------------------------------------------------+
| k\. Propeller;                                                        |
+-----------------------------------------------------------------------+
| l\. Emergency procedures, including---                                |
+-----------------------------------------------------------------------+
| > \(i\) Instruction in emergency assignments and procedures,          |
| > including coordination among crewmembers;                           |
+-----------------------------------------------------------------------+
| > \(ii\) Individual instruction in the location, function, and        |
| > operation of emergency equipment, including---                      |
+-----------------------------------------------------------------------+
| > A. First aid equipment and its proper use; and                      |
+-----------------------------------------------------------------------+
| > B. Portable fire extinguishers, with emphasis on the type of        |
| > extinguisher to be used on different classes of fires;              |
+-----------------------------------------------------------------------+
| > \(iii\) Instruction in the handling of emergency situations,        |
| > including---                                                        |
+-----------------------------------------------------------------------+
| > A. Fire in flight or on the surface and smoke control procedures    |
| > with emphasis on electrical equipment and related circuit breakers  |
| > found in cabin areas; and                                           |
+-----------------------------------------------------------------------+
| > B. Illness, injury, or other abnormal situations involving          |
| > passengers or crewmembers;                                          |
+-----------------------------------------------------------------------+
| m\. Weight and balance;                                               |
+-----------------------------------------------------------------------+
| n\. Performance planning;                                             |
+-----------------------------------------------------------------------+
| o\. Airplane\'s checklist; and                                        |
+-----------------------------------------------------------------------+
| p\. Differences in type.                                              |
+-----------------------------------------------------------------------+

6.  TAHF must develop and maintain a written B-25 or B-17 qualification
    and recurrent flight training program for its PICs in the B-25 and
    B-17 that covers the areas of operations and tasks, as listed in the
    following table of training tasks. Each PIC in the B-25 and B-17
    must successfully accomplish this training before being assigned PIC
    responsibilities and duties. Each PIC in the B-25 and B-17 must
    receive and successfully accomplish the following training within
    the previous 12 calendar months and be found to be competent and
    proficient in these areas prior to serving in a PIC position in the
    B-25 or B-17 for TAHF:

+-----------------------------------------------------------------------+
| REQUIRED TRAINING TASKS                                               |
+-----------------------------------------------------------------------+
| a\. Preflight Preparation                                             |
+-----------------------------------------------------------------------+
| > \(i\) Aircraft exam (oral or written)                               |
+-----------------------------------------------------------------------+
| > \(ii\) Aircraft performance & limitations (oral or written)         |
+-----------------------------------------------------------------------+
| b\. Ground Operations                                                 |
+-----------------------------------------------------------------------+
| > \(i\) Preflight inspection                                          |
+-----------------------------------------------------------------------+
| > \(ii\) Cockpit resource management                                  |
+-----------------------------------------------------------------------+
| > \(iii\) Powerplant start procedures                                 |
+-----------------------------------------------------------------------+
| > \(iv\) Taxiing                                                      |
+-----------------------------------------------------------------------+
| > \(v\) Pre-takeoff checks                                            |
+-----------------------------------------------------------------------+
| c\. Takeoffs & Departures                                             |
+-----------------------------------------------------------------------+
| > \(i\) Normal & crosswind takeoffs                                   |
+-----------------------------------------------------------------------+
| > \(ii\) Powerplant failure                                           |
+-----------------------------------------------------------------------+
| > \(iii\) Rejected takeoffs                                           |
+-----------------------------------------------------------------------+
| d\. In-flight Maneuvers                                               |
+-----------------------------------------------------------------------+
| > \(i\) Steep turns                                                   |
+-----------------------------------------------------------------------+
| > \(ii\) Approach to stalls                                           |
+-----------------------------------------------------------------------+
| > \(iii\) Powerplant failure                                          |
+-----------------------------------------------------------------------+
| > \(iv\) Specific flight characteristics                              |
+-----------------------------------------------------------------------+
| e\. Landings & Approaches to Landing                                  |
+-----------------------------------------------------------------------+
| > \(i\) Normal & crosswind approaches & landing                       |
+-----------------------------------------------------------------------+
| > \(ii\) Maneuvering to a landing with a simulated powerplant failure |
+-----------------------------------------------------------------------+
| > \(iii\) Rejected landing                                            |
+-----------------------------------------------------------------------+
| > \(iv\) Landing from a no flap or a nonstandard flap approach        |
+-----------------------------------------------------------------------+
| f\. Normal & Abnormal Procedures                                      |
+-----------------------------------------------------------------------+
| > \(i\) Powerplant                                                    |
+-----------------------------------------------------------------------+
| > \(ii\) Fuel system                                                  |
+-----------------------------------------------------------------------+
| > \(iii\) Electrical system                                           |
+-----------------------------------------------------------------------+
| > \(iv\) Hydraulic system                                             |
+-----------------------------------------------------------------------+
| > \(v\) Environmental & pressurization system (as appropriate and if  |
| > equipped)                                                           |
+-----------------------------------------------------------------------+
| > \(vi\) Fire detection & extinguishing system                        |
+-----------------------------------------------------------------------+
| > \(vii\) Navigation & avionics system                                |
+-----------------------------------------------------------------------+
| > \(viii\) Automatic flight control system, electronic flight         |
| > instrument system, & related systems (as appropriate and if         |
| > equipped)                                                           |
+-----------------------------------------------------------------------+
| > \(ix\) Flight control system                                        |
+-----------------------------------------------------------------------+
| > \(x\) Anti-ice & de-ice system                                      |
+-----------------------------------------------------------------------+
| > \(xi\) Aircraft & personal emergency equipment                      |
+-----------------------------------------------------------------------+
| g\. Emergency Procedures                                              |
+-----------------------------------------------------------------------+
| > \(i\) In-flight fire & smoke removal                                |
+-----------------------------------------------------------------------+
| > \(ii\) Rapid decompression (as appropriate and if equipped with a   |
| > pressurization system)                                              |
+-----------------------------------------------------------------------+
| > \(iii\) Emergency descent                                           |
+-----------------------------------------------------------------------+
| > \(iv\) Ditching                                                     |
+-----------------------------------------------------------------------+
| > \(v\) Emergency evacuation                                          |
+-----------------------------------------------------------------------+
| h\. Postflight Procedures                                             |
+-----------------------------------------------------------------------+
| > \(i\) After landing procedures                                      |
+-----------------------------------------------------------------------+
| > \(ii\) Parking and securing aircraft                                |
+-----------------------------------------------------------------------+

7.  TAHF must develop and maintain a written B-25 or B-17 qualification
    and recurrent flight training program for its SICs in the B-25 and
    B-17 that covers the areas of operations and tasks, as listed in the
    following table of training tasks. Each SIC in the B-25 and B-17
    must successfully accomplish this training before being assigned SIC
    responsibilities and duties. Each SIC in the B-25 and B-17 must
    receive and successfully accomplish the following training within
    the previous 12 calendar months and be found to be competent and
    proficient in these areas prior to serving in an SIC position in the
    B-25 or B-17 for TAHF:

  -----------------------------------------------------------------------
  REQUIRED TRAINING TASKS

  a\. Operational procedures applicable to the powerplant, equipment, and
  systems.

  b\. Performance specifications and limitations.

  c\. Normal, abnormal, and emergency operating procedures.

  d\. Three takeoffs and three landings to a full stop as the sole
  manipulator of the flight controls.

  e\. Engine-out procedures and maneuvering with an engine out while
  executing the duties of PIC.

  f\. Crew resource management training.

  g\. Familiarization with the aircraft flight manual, placards, and
  markings.
  -----------------------------------------------------------------------

8.  TAHF may not use a pilot nor may any pilot serve as a pilot in any
    aircraft unless, since the beginning of the 12^th^ calendar month
    before that service, that pilot has passed a competency check given
    by the FAA or an authorized check pilot in that aircraft to
    determine the pilot's competence in practical skills and techniques
    in the appropriate aircraft. The competency check will consist of
    the appropriate maneuvers and procedures currently required for the
    original issuance of the commercial pilot certificate. The FAA's
    Houston Flight Standards District Office (FSDO) will determine what
    maneuvers and procedures are critical, such as preflight
    preparation, ground operations, takeoffs and departures, and normal
    procedures, etc., and maneuvers and procedures that may be unsafe
    for a particular aircraft.

9.  Recurrent flight training for pilots must include, at least, flight
    training in the maneuvers and procedures in this exemption. However,
    satisfactory completion of the check required by this exemption
    within the preceding 12 calendar months may be substituted for
    recurrent flight training.

10. TAHF must document and record all ground and flight training and/or
    testing required by this grant of exemption in a manner acceptable
    to the FAA's Houston FSDO. That documentation and records must
    contain the following information:

    a.  Date of each training session.

    b.  Date of each testing session.

    c.  The amount of time of each session of ground and flight training
        given.

    d.  The amount of time of each session of ground and flight testing
        given.

    e.  Location where each session of ground and flight training was
        given.

    f.  Location where each session of ground and flight testing was
        given.

    g.  The airplane identification number in which each flight training
        session was received.

    h.  The airplane identification number in which each flight testing
        session was received.

    i.  The name and certificate number of the pilot who provided each
        session of training.

    j.  The name and certificate number of the pilot who provided each
        session of testing.

    k.  The signature and printed name of the pilot who received the
        training. That pilot's signature will serve as a verification of
        having received each session of training.

    l.  The signature and printed name of the pilot who received the
        testing. That pilot's signature will serve as a verification of
        having received each session of testing.

11. When requested, the TAHF's pilot qualification and recurrent ground‑
    and flight‑training programs and/or records listed in condition
    Nos. 4, 5, 6, 7, 8, 9, and 10 must be made available to the Houston
    FSDO, 12000 Aerospace Avenue, Suite 400, Houston, Texas 77034, (281)
    929-7000.

12. TAHF must have the services of an FAA-certificated airframe and
    powerplant mechanic or an appropriately rated repair station
    available at all stopovers to perform all required maintenance
    inspections and repairs.

13. TAHF will maintain the following information and records and will
    make those records available for review to the FAA when requested:

    a.  The name of each pilot crewmember TAHF authorizes to conduct
        flight operations in its airplanes under the terms of this
        exemption;

    b.  Copies of each PIC\'s and SIC\'s pilot certificate, medical
        certificate, qualifications, and initial and recurrent training
        and testing documentation to comply with condition Nos. 3, 4, 5,
        6, 7, 8, 9, and 10; and

    c.  Records of maintenance performed and maintenance inspection
        records to comply with condition Nos. 2 and 12. Maintenance and
        inspection records must meet the requirements of §§ 91.405,
        43.9, and 43.11.

14. Before permitting a person to be carried on board its airplane for
    the purposes authorized under this exemption, TAHF will inform that
    person that its airplanes hold only a limited airworthiness
    certificate; the significance of the airworthiness certificate as
    compared to a standard airworthiness certificate; and that the FAA
    has authorized this flight under a grant of exemption from the
    requirements of §§ 91.315, 119.5(g), and 119.21(a). The explanation
    of the significance of a limited airworthiness certificate,
    experimental airworthiness certificate compared to a standard
    airworthiness certificate, must include at least the following
    information:

    a.  The FAA has not established nor has it approved limited category
        airworthiness certificated aircraft manufacturing standards. The
        FAA has not established nor has it approved experimental
        category airworthiness certificated aircraft manufacturing
        standards. In contrast, standard category airworthiness
        certificated aircraft are manufactured to FAA‑approved
        standards, including standards addressing the design of the
        aircraft and life-limited parts.

    b.  Limited category airworthiness certificated aircraft are issued
        when the FAA finds the airplane---

        i.  Has been previously issued a limited category type
            certificate and the aircraft conforms to that type
            certificate; and

        ii. To be in a good state of preservation and repair and is in a
            safe operating condition.

    c.  An aircraft may be issued an experimental airworthiness
        certificate for the purpose of exhibition when the aircraft is
        intended only for exhibition of the aircraft\'s flight
        capabilities, performance, or unusual characteristics at
        airshows, motion picture, television, and similar productions
        and the maintenance of exhibition flight proficiency, including
        (for persons exhibiting the aircraft) flying to and from such
        airshows and productions.

    d.  Standard category airworthiness certificates are issued for an
        aircraft when the FAA finds the---

        i.  Aircraft has been built and maintained in accordance with
            that aircraft\'s type certification standards as established
            by the FAA; and

        ii. Aircraft\'s inspection and maintenance requirements are in
            compliance with the applicable Federal Aviation Regulations.

15. TAHF must notify the Houston FSDO within 24 hours of any of the
    following occurrences by written report, by electronic mail, or by
    facsimile:

    a.  Each in-flight fire in any system or area that requires
        activation of any fire suppression system or discharge of a
        portable fire extinguisher.

    b.  Each exhaust system component failure, including the
        turbocharger components, that causes damage to any engine,
        structure, cowling, or components.

    c.  Each airplane component or system that causes, during flight,
        accumulation or circulation of noxious fumes, smoke, or vapor in
        any portion of the cabin or crew area.

    d.  Except for training, each occurrence of engine shutdown or
        propeller feathering, and the reason for such shutdown or
        feathering.

    e.  Each failure of the propeller governing systems or feathering
        systems.

    f.  Any landing gear system or component failures or malfunctions,
        which require use of emergency or standby extension systems.

    g.  Each failure or malfunction of the wheel brake systems that
        cause loss of brake control on the ground.

    h.  Each airplane structure that requires major repair due to
        damage, deformation, or corrosion, and the method of repair.

    i.  Each failure or malfunction of the fuel system, tanks, pumps, or
        valves.

    j.  Each malfunction, failure, or defect in any system or component
        that requires taking emergency action of any type during the
        course of any flight.

    k.  For the purpose of this section, \"during flight\" means the
        period from the moment the airplane leaves the surface of the
        earth on takeoff until it touches down on landing.

16. All flight operations must be conducted ---

    a.  At a minimum operating altitude of not less than 1,000 feet
        above ground level (AGL);

    b.  Between the hours of official sunrise and sunset, as established
        in the American Air Almanac, as converted to local time;

    c.  Within a 25-statute-mile radius of the departure airport with
        landings only permitted at the departure airport;

    d.  With a minimum flight visibility of not less than 3 statute
        miles and a minimum ceiling of not less than 1,500 feet AGL;

    e.  Passenger-carrying operations for compensation may be conducted
        at distances greater than 25 statute miles of the departure
        airport and up to 50 statute miles with concurrence of the FAA
        FSDO having geographic responsibility for the aviation event.
        For such flights, landings are only permitted at the departure
        airport;

    f.  For passenger-carrying flights greater than 25 statute miles
        from the departure airport and up to 50 statute miles, the PIC
        must obtain weather reports and forecasts prior to flight and
        valid for the duration of the proposed operation that indicate
        that the weather would be no less than 5 statute miles
        visibility and cloud ceilings no less than 2,000 feet AGL.
        Passenger-carrying operations shall be terminated if ceiling and
        visibility become less than the minimum required by these
        conditions and limitations. Weather forecasts listing
        discriminators such as probability (PROB), becoming (BECOMG), or
        temporarily (TEMPO) shall be limiting;

    g.  The aircraft may only be operated from an airport that has a
        fire station or fire-fighting services available or within close
        proximity of the airport; and

    h.  Operations conducted for the purpose of dispersing human remains
        must comply with applicable Federal, state, and local laws and
        regulations governing the dispersal of human remains.

17. No persons other than the assigned flight crewmembers may be
    permitted at a pilot station of the airplane during flight
    operations.

18. Except for essential crewmembers, all flight operations must carry
    no more than the maximum number of passengers permitted by the
    aircraft\'s weight and balance limitations and number of approved
    seats in the airplane.

19. All aircraft must have the equipment listed in §§ 91.205(b) and
    91.207 and that equipment must be in an operable condition during
    the flight.

20. TAHF must hold and continue to hold a determination from the U.S.
    Internal Revenue Service that it is a § 501(c)(3) nonprofit,
    tax‑exempt, charitable organization under §§ 509(a)(1)
    and 170(b)(1)(A)(vi) of the Internal Revenue Code.

21. TAHF must notify the Houston FSDO at least 5 working days (Mondays
    through Fridays) before conducting any PIC or SIC initial or
    recurrent qualification training and any PIC or SIC initial or
    recurrent proficiency checks required to be conducted under the
    terms of this grant of exemption.

22. No later than 72 hours prior to commencing flight operations under
    the terms of this grant of exemption, TAHF must notify the
    jurisdictional FAA FSDO where it intends to conduct the flight
    operations and shall provide a copy of this exemption to that
    jurisdictional FAA FSDO.

23. Failure to comply with any of the conditions and limitations of this
    grant of exemption will be grounds for the immediate suspension or
    revocation of this exemption.

# The Effect of Our Decision

The termination date of Exemption No. 8797, as amended, remains November
30, 2009, unless sooner superseded or rescinded. This letter must be
attached to, and is a part of, Exemption No. 8797.

Sincerely,

/s/

James J. Ballough

Director, Flight Standards Service