AFS

- 14

- 375

- E E x e mption No. 11203

U N I TED S TATES O F A ME R I C A

DE P A R TMENT OF T R AN SP O R TA T I ON

F EDE R A L A V I A T I O N AD M I N I S T R A T I O N

W A S H I NG T ON, DC 2 0 591

In the matter of the petition of

COMMEMORATIVE Reg ulatory Docket No. FAA

- 2014

- 0482

AIR FORCE

f

or a n exe mption fr om § 91.319 (c )

of Title 14, C ode of

Fe d era l Reg ul a tions

PAR TIAL GRANT OF E X EMPT ION

B y l e tt e r r e c e iv e d July 16 , 2014, M r

. R ob er t S t e n e vik, Vi c e Pre si de nt of Safety

, M a int e n a n c e a nd Op era t i ons, C omm e mo ra tive Air F o rc e (CAF )

, 109 Sa n Me dina La n e
, J oshu a , TX 76058 p e tit i on e d the Fe d era l Avi a tion Administ ra tion (F AA) o n b e h a lf of

CA F f or a n exe mption fr om § 91.319 (c ) of Title 14, Co de of Fe d era l Reg ul a tions ( 14 CFR)

. The p r opos e d exe mption, if g ra nt e d, would p er mit B

- 29 S up erf o r t r e ss, N529 B

, Serial Number 44

- 62070 a nd t h e ir B

- 24 Liberator

, N24927, Serial Number 18, to

o p era te ov e r d e n sel y p o pul a t e d area s.

To obtain the desired relief, t he pet i t io ne r requires exemption fr om th e f ollo w i n g

re g u la t io n :

Sec tion 91.319 (c ) p re s cri b e s, in p er tin e nt p ar t, th a t unl e ss oth er wise a utho rize d b y the

Administ ra tor in sp ec i a l op era ti n g limit a tions, no p er son m a y op era te a n aircraf t th a t h a s

a n ex p er im e nt a l cer ti f i ca te o v e r a d e n sel y popul a t e d are a or in a c o nge st e d a i r w ay . The

Administ ra tor m a y issue sp ec i a l op era ting limit a tions f or p ar ti c ul a r a i rcraf t to p er mit

t a k e o ff s a nd l a ndin g s to be c ond uc t e d ov e r a d e ns el y popu la t e d are a or in a c o nge st e d

a i r w ay , in acc o rda n c e with t er ms an d c onditions sp ec i f i e d in the a utho r i za tion in the

int ere st of s afet y in a ir c omm erce.

Section 91.9(a) prescribes. in pertinent part, that no person may op erate a civil aircraft without complying with the operating limitations specified in the approved Airplane or2

Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country of registry.

The peti tioner supports its request with the following information:

The petitioner contends that the described flights in the flyover of the National Mall and other similar events celebrating the 70th A nniversary of Victory in Europe (VE) Day are in the public in terest

. The B

- 29 Superfortress, N529B, Serial Number 44

- 62070 , and the

B

- 24 Liberator

, N24927

, Serial Number 18 are the aircraft for which the petitioner has requested relief

. Included

, as part of its petition

, was a letter from nine congressional

represen tatives to Administrator Huerta. This letter states that they “believe it is critical to use this anniversary as a time to remember and educate our nation's citizens about the sacrifices of so many Americans to protect our way of life and the extraordinary efforts undertaken to preserve freedom here and abroad. It is our belief that a flyover by World

War II (WWII) aircraft over the National Mall in Washington on May 8, and other similar flyovers around the country in 2015, will be in the public interest as a way to commemorate our national achievements and sacrifice during WW II.”

In addition to this petition for exemption, the CAF submitted two similar petitions for other experimental aircraft: o ne for single

- engine WWII aircraft (Docket No. FAA

- 2014

- 0 992 ) and one for P

- 38 two

- engine WWII aircraft (Docket No. FAA

- 2014

- 09 9 3 ). The

CAF’s exemption request is to operate in the VE D ay event the experimental aircraft

detailed in these three petitions

, in add i tion to WWII aircraft that hold limited or

restricted airworthiness certificates

.

The p e tition e r submitted a defined r oute of f light and the following information, which it

states would pr ovide a n e quiv a l e nt l e v e l of s afety for the requested operations:

1. The period of overflight and time to egress is extre mely limited : The petitioner

states that t hanks to the cooperation of the interagency working group and participation of the General Aviation Operations Branch in the Flight Standards

Service ( AFS

- 830 ) in selecting this route, the total distance of densely populated area overflight is only three miles and the period of overflight for each airplane is only 60

- 90 seconds. This very limited overflight is an overwhelming mitigation of potential risk associated with mechanical problems. It is extremely rare for any mechanical malfunction to progress to significant failure in a minute and a half. Moreover, at the most distant point during the flyover (approximately Independence Avenue and 3rd St.) the egress to the outbound river route is only

one mile, or about 2 0

- 30 seconds

.

2. Similar aircraft operate with limited certificates : The petitioner believes that

t he B

- 29 and B

- 24 aircraft are of comparable make, construction, and materials

. They are often produced by the same manufacturers and constructed to the same

st andards. Often equipment and parts for both airframe and powerplant construction are identical. Examples of the aircraft that are comparable are the B

17, B

- 25, A

- 26, & DC

- 3. The Boeing B

- 17 represents the greatest example of a3

Boeing

- built product with f our engines and similar design and construction. The major reasons their B

- 29 and B

- 24 are certificated in the experimental category is the modifications the CAF made to improve engine reliability on the B

- 29 and the

modifications to return the B

- 24 to its wartime configuration from the modifications made to the airplane when it was used for civilian transportation.

3. En gi n e de si g n a n d re li ab ili t y : The p e tition e r st a t e s th a t a ll f our eng in es on eac h

a i rpl a ne ha ve b ee n re d e s igne d to imp r ove re li a bili t y a nd lo nge vi ty

. Cer ti f i ca t e d

p ar ts h a ve bee n us e d a nd t h e eng in e s ar e m a int a in e d to the st a nd ar ds of ty pe

cer ti f i ca t e d eng in e s p re s e nt on o th e r st a nd ar d o r limit e d ca t eg o r y a i rcraf t. The

pe tition e r a lso st a t e s in th e ir c losing para g ra ph th a t the re li a bili t y of th e engi n e s,

a nd the fac t th er e ar e f our of th e m, e st a blish the e quiv a l e nt l e v e l of safet y to

st a n dar d ca t eg o r y a i rcraf t with fewer e n g i ne s.

4. C re w tr ai n i n g a n d r a tin g requ i rement s : T h e pe tition e r st a t e s th a t th e ir cre ws

t ra in to the st a nd ar ds re qui re d b y th e ir Living History Flight Experience ( LHF E )

exe mption, whi c h ar e the s a me a s st a nd ar ds req ui re d f or aircraf t with limit e d

cer ti f i ca tions. Addition a l ly , simil a r to a n a i r m a n th a t holds a typ e ra ti n g

a pp r o pr i a te to a cre w

- ser v e d ty pe cer ti f i ca t e d a i rcraf t, CA F cre ws ar e re qui re d to

e ith e r hold ty pe ra tin g s fo r the typ e cer ti fica t e d v ar i a nt o f the B

- 2 4 (LB

- 30 ty pe

ra ting) or hold a n ex p eri m e nt a l a i rcraf t a utho r i zat ion f or the B

- 24 (LB

- 30) or B

29

.

5. O per a t io n al we ig ht s : T he p e tition e r st a t e s th a t t h e y have taken measures to reduce weight and make two engine operations even more feasible for both

aircraft.

6. F i r e s uppre ssion and detect io n : F i r e supp re ssion is p r ovid e d th r ou g h two H a lon

bottle sy st e ms in eac h a i rcraf t. I n a ddi t ion, the p e tition e r st a t e s th a t th e y u se h ig h l y t ra in e d f li g ht cre w sca nn er s w ho ar e t ra in e d in the d e t ec tion a nd p re v e ntion

of f i r e re l a t e d e m ergencie s

.

On September 4, 2014, and in order to supplement the CAF’s previous exemption request (composed of the six elements discussed above), the F AA requested additional aircraft and safety information concerning the B

- 29 and the proposed operation. The purpose was, and is, to better understand the risks involved, and address those through adequate mitigating strategies. In response, in addition to answering the aircraft and safety questions

, the petitioner proposed a specific route of flight.

A summary of the petition was published in the Federal Register on February 11 , 2015

, ( 80 FR 7674 ). No comments were received

.4

Th e F A A’ s a n alysis is a s f o ll ow s:

Historically, the FAA has denied broad petitions for exemption from § 91.319(c) on the basis that a grant of exemption would not be in the public interest. However, the FAA finds the event described in this petition to be a unique

, one time occurr ence. On May 8, 2015, the celebrat ion of the 70th A nniversary of VE Day denotes a day of significance in

the demonstrated strength of American democracy and the spirit and sacrifice of the American people both at home and abroad

. As such, it is being comme morated in a unique way. Several m embers of Congress, in in a letter to FAA Administrator Hu e rta, stated they believe it is critical to use this anniversary as a time to remember and educate our nation's citizens about the sacrifices of so many Americans t o protect our way of life and the extraordinary efforts undertaken to preserve freedom here and abroad. It is their belief that a flyover by World War II aircraft over the National Mall in Washington , D.C. on May 8

, will be in the public interest. The FAA finds that the public interest is served by the educational and historic value of this single signature event in commemorating this significant milestone in history.

Additionally, given the nature of this public interest, this Grant of Exemption is limit ed to aircraft designed and manufactured to a U.S. government specification for operation during WW II, and to those aircraft originally designed, manufactured

, and accepted for use by the military services of the U.S.

The FAA finds merit with the petitio ner’s request including similar aircraft of the same vintage and equipment that have been certified in the limited category (issued in

accordance with the Civil Air Regulation, Part 9 ( CAR 9 ) ).

The FAA notes that not all former military aircraft require experimental airworthiness

certificates or have the same level of risk. The fact that an aircraft has an experimental

exhibition or limited airworthiness certificate does not mean that the risk level is equivalent for each aircraft holding these types of c ertificates

. The FAA evaluates each petition on its own merit to ensure that an appropriate level of safety is maintained relative to the proposed operation(s)

.

The proposed VE Day flyover of Washington, DC , is in remembrance and recognition of a signific ant historical event, and as such, the proposed route of flight over the National Mall and adjacent to the National World War II M emorial cannot be recreated elsewhere

. This exemption to allow this flyover require s a n extensive level of coordination and

o versight

, well above that normally required for a flyover or other aviation event or air show

. Specifically

, issues related to specif ied a irports, routes, minimum safe altitudes, holding restrictions, verifiable aircraft performance data, and specified pilo t training,

must be pre

- coordinate d in order to prevent conflicts at later points in the planning for

this event. In addit ion, the aircraft must be maintained and inspected in accordance with any FAA type certificate

, if issued

, for the model of aircraft

, and as required by the Operating Limitations associated with each aircraft’s airworthiness certificate

. Therefore, meetings with key stakeholders have been accomplished or planned in order to minimize5

the potential or future problems, properly address safe ty issues, and establish a specific

mandated r oute s tructure

.

F ormative meeting s were held between the FAA and event organizers on Nov ember 4 and 13, 2014

, to ensure that the requirements of all the various regulatory agencies and

FAA offices were coordi nated

. These meetings addressed i ssues such as (1) if regulatory agencies would permit this event, (2) the appropriate level of oversight, (3) the FAA

FSDO level of involvement, oversight of crew members, and aircraft (4) FAA attendance

at the crew briefin g ; (5 ) l aw e nforcement o fficer (LEO ) requirements for verification and inspection of crew and aircraft

, (6) the addition of additional a ircraft types ; and ( 7 ) air traffic control ( ATC ) coordination, for the specific route of flight, minimum altitude, time of day, and the need for a route proving flight.

The attendees at the meetings included :

 FAA A ir Traffic Organization ( A TO )

, Potomac TRACON, and DCA Tower;  FAA Security;  National Capitol Security;  FAA Flight Standards H eadquarters (AFS

- 800);  FAA FSDO (Washington and Baltimore);  Commemorative Air Force (petitioner)

A progress meeti ng was held on December 10 , 2014

, and included discussions centered on TSA and security waivers progress. Additional coordination meetings will follow on a monthly basis

.

The major component in establishing an equ al level of safety for these proposed flig hts is

t he route of flight. Limiting exposure of overflights of experimental aircraft to the

persons on the surface is critical because these aircraft do not meet the same airworthiness standards as standard category aircraft.

. Consequently, this exemptio n will only be valid until May 31 , 2015

, for a one

- time flyover using the specified and agreed

upon route. The FAA has determined that a one

- time overflight c an be accomplished with an equal level of safety, includ ing a short overflight of densely populate d areas subject to

the following considerations :

• Designated and approved route of flight to include verifiable performance based

minimum safe altitudes over the Potomac and Anacostia rivers, and the area surrounding the National Mall.

• T he approved route of flight will specify minimum altitudes and minimize time

over or near densely populated areas to less than two minutes, with further risk mitigations during this period as outlined below.

• Incorporation of and compliance with the pilot, crew, and aircra ft requirements, experimental airplane airworthiness standards

, and those additional conditions

and limitations imposed as a condition of this exemption.6

• Incorporation of and compliance with the risk mitigati on strategies

, and

conditions and limitations described in this document.

• Accepted emergency routes and procedures to allow aircraft to egress to sparsely populated area s

The petitioner requested relief to allow these aircraft to operate over the National Mall in Washington on May 8, and in other s imilar events around the country in calendar year

2015

. Since the FAA determined that each event must be analyzed on its own merit, this exemption applies only to the VE Day flyover event

. Consequently, this is a partial grant of exemption.

T he findings, determinations, and risk mitigating strategies discussed and presented in

this partial grant of exemption are only applicable to this specific CAF petition and are

based on the petitioners supporting statements , including but not limited to the geography

o f the area, the specific aircraft model , series, specific verifiable performance metrics, the nature of the intended flight, and the scope and detail of the safety review that was conducted to support this event

.

Th e F A A’ s D ec isio n :

I n c onsid era tion of t he f o reg oi ng
, I f ind th a t a partial g ra nt of exe mption would be in the public int ere st. Th eref o re , pu r su a nt to the a utho rit y c ont a i ne d in 49 U. S

. C . §§ 106(f),
40113, a nd 44701, d e l egate d to me b y the Administ ra to r , the C omm em o ra tive Air F o rc e is granted an exe mption fr om 1 4 CF R § § 91.319 (c ) and 91.9(a) to the extent necessary to conduct the proposed flyover subject to the following conditions and limitations below

.

Conditions and Limitations:

1. This e xemption applies only to N529B, Serial Number 44

- 620 70 and N24927,

Serial Number 18 a ircraft and pilots that meet and comply with the all conditions and limitations expressed here in this Partial Grant of Exemption

.

2. This exemption is valid only for B

- 29 and B

- 24 a ircraft that were originally designed

, m anufactured for, and accepted for use

, by the military services of the

United States

.

3. T he aircraft must be maintained and inspected in accordance with exemption no.

6802L.

4. All pilots must be qualified, trained

, and current in accordance with exem ption

no. 6802 L

.

5. All pilot records must be maintained in accordance with exemption no. 6802 L

.7

6. All aircraft and their records must be maintained in accordance with exemption

no. 6802 L

.

7. Except for formation flight, a ll flight operations must be conducted in accordance with exemption no. 6802 L

.

8. At least 30 days in advance of the proposed event, t he petitioner must provide the Washington FSDO and AFS

- 800 with the following information for review and

concurrence:

a. A list of the experimental a ircraft , including aircraft registration number, participating in the event.

b. A map or other acceptable depiction(s) of the proposed route.

c. A list of participating pilots

, including certificate type and number

.

9. All aircraft receiving relief unde r this exemption must remain over sparsely populated or open water areas during ingress and egress to the portion of the approved route that includes densely populated areas

.

10. All operations under this exemption require r oute of f light and m inimum a l titude acceptance from AFS

- 8 0 0, Air Traffic Control and the Washington FSDO. The minimum altitude for the proposed operations must be the greater of:

a. 1000 feet above the highest obstacle within 2000 feet (minimum horizontal separation may be waived at the discretion of the jurisdictional

FSDO ; minimum height above obstacles may not be waived), or ; b. The minimum altitude from which the aircraft can fly clear of densely populated area s to a sparsely populated area for an emergency landing in

the event o f a powerplant failure

, including a 90

- degree change of heading. For each participating aircraft receiving relief, the petitioner must

calculate aircraft engine failure performance using U

. S

. military flight

manual or certified flight test data. The petiti oner must provide t his data to

the Washington FSDO and/or AFS

- 800 up on request.

11. Weather minima required: Participating aircraft must observe at least a 2

, 000

- foot ceiling and 5 statute miles flight visibility at all points on the route. If at any

tim e the weather deteriorates below this level, flight over the densely populated area of the route is prohibited until weather conditions allow.

12. Day operations only

13. No person other than those listed as and qualified as p ilot

- in

- command or s econd

in

- command (SIC) (for those aircraft that require an SIC) , as listed in the organizer ’ s security wavier and submitted to the FSDO

, may occupy any pilot

station

, or manipulate the flight controls at any time during the event

.

14. All participating pilots m ust hold at least a valid FAA Commercial Pilot

Certificate

, in addition to any specific aircraft authorizations and ratings required.8

15. All participating pilots must hold , at a minimum, a valid FAA second

- class

medical certificate

.

16. All participat ing pilots must be listed on and adhere to any standard and special provisions of any 7711

- 1 Certificate of Waiver that may be issued in conjunction

with this event.

17. Except in an emergency

, aerobatic operations are prohibited

.

18. Formation flight is limited to a maximum of eight aircraft. All formation pilots must hold a current formation flight authority.

19. Formation flight under this exemption is limited to only those aircraft where it is

verified in advance by the petitioner or organizer, t hat all participating pilots in the formation have completed formation training, are current in accordance with industry standards , and hold an approved formation card.

20. All participating pilot records (electronic copies are acceptable) must b e mainta ined by the organizer , retained for at least 10 days following the event, and made available to the Washington FSDO for inspection upon request

.

21. All participating aircraft must present t heir m aintenance records for all preventative and scheduled mai ntenance performed in the last two (2) years from the date of the scheduled flyover to the organizer

. These records must be retained for at least 10 days following the event and made available to the Washington

FSDO upon request

. These records must include :

a. Maintenance program type and signoffs to validate the airworthiness

of the aircraft for the last two ( 2 ) years. b. Listing of Airworthiness directives with compliance method and dates.

c. Aircraft o perating limitations maintenance program requirements.

d. Record s of all major repairs and alterations performed on and still

utilized by the aircraft.

e. Listing of all owner produced parts with records of installations.

f. Qualifications and list of mechanics performing maintenance on the aircraft showing compliance with T itle 14 CFR p art 65.

22. Bomb bay doors must remain closed over densely populated areas.

23. Except in an emergency, fuel transfer and tank selection during the densely populated area overflight portion of the route is prohibited.

24. Any aircraft tha t experiences an abnormal condition or indication along the planned route of flight must immediately notify ATC and instead proceed along a route avoiding densely populated areas until landing.9

25. This exemption is valid only for the one

- time VE Day event. This exemption terminates immediately following the event , notwithstanding any rescheduling of

the event due to weather

.

This exemption I ss ue d in Wa shin g ton, D .C ., on March 10, 2015

, terminates on May 31

, 2015

.

//s//

John B arbagallo Acting Deputy Di rec t or
, F l ig ht S t a nd ar ds Ser vi ce