AFS

- 13

- 203

- E May 1, 2013

Exemption No. 9912 D

Regulatory Docket No. FAA

- 2008

- 1265

Mr. Mark A. Simmons

Heritage Flight Foundation

353 Greenhaven Road

Pawcatuck, CT 06379

De ar Mr. Simmons :

This letter is to inform you that we have granted your petition to extend Exemption

No. 9912 . It expl ains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter d ated February 5, 2013, you petitioned the Federal Aviation Administration (FAA)

on behalf of Heritage Flight Foundation (HFF) for an extension of Exemption No. 9912. That

exemption from §§ 91.315, 119.5(g), and 119.21(a) of Title 14, Code of Federal Regul ations

allows HFF to conduct living history flight experience (LHFE) operations in the Grumman

TBM.

In your petition, you 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 because the requested extension to the exemption would not set a

precedent, and any delay in acting on thi s petition would be detrimental to HFF.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9912 , as

amended, remains valid with respect to this exemption and is in the public interest. Therefore,2

under the author ity provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption applies only to the Grumman TBM, N85650

.

2. HFF must maintain its limited category airplane in accordance with the:

a. Maintenance requirements as specified in the appropriate type certificate data sheet,

as amended;

b. FAA

- approved maintenance inspection program that meets the requir ements of

§ 91.409(e), (f)(4), and (g); and

c. The appropriate military technical manuals.

3. The pilot in command (PIC) for the single

- engine airplane must:

a. Hold at least a commercial pilot certificate with an airplane single

- engine land

rating

, airplane instrument rating , and a G

- TBM type rating ;

b. Have completed within the previous 12 calendar months, HFF's PIC qualification

and recurrent flight and ground training program in the airplane;

c. Have completed within the previou s 12 calendar months, HFF's PIC proficiency

check for the airplane;

d. Have at least a total of:

i. 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical flight

experience in single

- engine land airplane, and 25 hours in the airplane; or

ii. Have at least a total of 1,000 hours of aeronautical flight experience, 200 hours

of aeronautical flight experience in a single

- engine land airplane, and 100

hours and 50 takeoffs and 50 landings in the airplane; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings

to a full stop in the airplane. For initial PIC qualification in the specific airplane or

if the pilot has allowed his/her takeoff and landing currency to lapse in the a irplane,

the takeoff and landing currency may not be accomplished during

passenger

- carrying operations.

4. HFF must develop and maintain written qualification and recurrent ground training

programs for its PIC in the airplane that cove rs the training subjects listed below.

Each PIC 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 position in the airplane:3

REQ UIRED TRAINING TASKS

a. General information and description of the airplane;

b. Airplane limitations;

c. Airplane 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 extinguishe rs, 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 sm oke 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; and

o. Airplane's checklist.

5. HFF must develop and maintain a written qualification and recurrent ground training

program for its PIC in the single

- engine airplane that covers the areas of operations and

tasks, as listed in the following table of training tasks. Each PIC must successfully

accomplish this airplane specific training before being assigned PIC responsibil ities and

duties. Each PIC must receive and 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 single

- engine airpl ane:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including

— (i) Airplane exam (oral or written); and

(ii) Airplane performance & limitations (oral or written).

b. Ground Operations, including

—4

(i) Preflight inspection;

(ii) Co ckpit resource management;

(iii) Powerplant start procedures;

(iv) Taxiing; and

(v) Pre

- takeoff checks.

c. Takeoffs & Departures, including

— (i) Normal & crosswind takeoffs;

(ii) Powerplant failure; and

(iii) Rejected takeoffs

. d. In

- flight Maneuvers, including

— (i) Steep turns;

(ii) Approach to stalls;

(iii) Powerplant failure; and

(iv) Specific flight characteristics.

e. Landings & Approaches to Landing, including

— (i) Normal & crosswind appr oaches & landing;

(ii) Maneuvering to a landing with a simulated powerplant failure;

(iii) Rejected landing; and

(iv) Landing from a no flap or a nonstandard flap approach.

f. Normal & Abnormal Procedures, including

— (i) Powerp lant;

(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 fligh t control system, electronic flight instrument system, &

related systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti

- ice & de

- ice system; and

(xi) Airplane & personal emergency equipment.

g. Emergency Proced ures, including

— (i) In

- flight fire & smoke removal;

(ii) Rapid decompression (as appropriate and if equipped with a pressurization

system);

(iii) Emergency descent;

(iv) Ditching; and

(v) Emergency evacuation.

h. Post

- flight Pr ocedures, including

— (i) After landing procedures; and

(ii) Parking and securing airplane.5

6. HFF may not use a pilot nor may any pilot serve as a pilot in any airplane unless, since

the beginning of the 12th calendar mont h before that service, that pilot has passed a

competency check given by the FAA or an authorized check pilot in that airplane to

determine the pilot's competence in practical skills and techniques in the appropriate

airplane. The compet ency check will consist of the appropriate maneuvers and procedures

currently required for the original issuance of the commercial pilot certificate. The FAA’s

Windsor Locks 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 airplane.

7. Recurrent flight trainin g 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.

8. HFF 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 Windsor Locks FSDO. That

documentation and records must cont ain 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. L ocation 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 id entification 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;

and

l. The signature and printed name of the pilot who received the testing. That p ilot's

signature will serve as a verification of having received each session of testing.6

9. When requested, the HFF's pilot qualification and recurrent ground

- and flight

- training

programs and/or records listed in conditions above must be made available to the

Windsor Locks FSDO, Firehouse Road, Bradley International Airport, Windsor Locks,

Connecticut 06096, (860) 654

- 1000.

10. HFF 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.

11. HFF will maintain the following information and records and will make those records

available for revi ew to the FAA when requested:

a. The name of each pilot crewmember HFF authorizes to conduct flight operations

in its airplane under the terms of this exemption;

b. Copies of each PIC's pilot certificate, medical certificate, qualifications,

and initial and recurrent training and testing documentation to comply with the

conditions listed above; and

c. Records of maintenance performed and maintenance inspection records to comply

with the conditions above, as appropriate. Maintenan ce and inspection records must

meet the requirements of §§ 43.9, 43.11 , and 91.405

.

12. Before permitting a person to be carried on board its airplane for the purposes authorized

under this exemption, HFF will inform that person that its ai rplane hold s 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 fro m the requirements of §§ 91.315, 91.319, 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 incl ude at

least the following information:

a. The FAA has not established nor has it approved limited category airworthiness

certificated airplane manufacturing standards. The FAA has not established nor has

it approved experimental cate gory airworthiness certificated airplane manufacturing

standards. In contrast, standard category airworthiness certificated airplanes are

manufactured to FAA

- approved standards, including standards addressing the

design of the airplane a nd life

- limited parts.

b. Limited category airworthiness certificated airplanes are issued when the FAA

finds the airplane

—

i. Has been previously issued a limited category type certificate and the

airplane conforms to that type certificate; and

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

condition.7

c. An airplane may be issued an experimental airworthiness certificate for the purpose

of exhibition when the airplane is intended only for exhibi tion of the airplane'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 t he airplane) flying to and from such

airshows and productions.

d. Standard category airworthiness certificates are issued for an airplane when the

FAA finds the

—

i. Airplane has been built and maintained in accordance with that airplane's

type certification standards as established by the FAA; and

ii. Airplane's inspection and maintenance requirements are in compliance with

the applicable Federal Aviation Regulations.

13. HFF must notify the Windsor Locks 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. E ach 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 no xious 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 go verning systems or feathering systems;

f. Any landing gear system or component failure or malfunction, which requires use

of emergency or standby extension systems;

g. Each failure or malfunction of the wheel brake system that causes 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; and

k. For the purpose of this section, "during flight" means the period from the moment

the airplane leaves the su rface of the earth on takeoff until it touches down on

landing.8

14. 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 sunri se 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 no t 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 up to 50 statute miles wit h

concurrence of the FAA FSDO having geographic responsibility for the aviation

event. For such flights, landings are only permitted at the departure airport. The

operator must provide information pertaining to the proposed route of flight , which

will avoid densely populated areas or congested airways in accordance with

14 CFR § 91.319(c)

, for airplane s certificated in the experimental category. Those

operators utilizing airplane s certificated in the limited category are not bound by the

restriction regarding the avoidance of densely populated areas or congested airways;

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

- carryin g 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; and

g. The airplane may only be operated from an airport that has a fire station or fire

- fighting services available or within close proximity of the airport.

15. No persons other than the assigned flight crewmembers may b e permitted on the pilot

station of the airplane during flight operations.

16. 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 aircraft.

17. All airplanes must have the equipment li sted in §§ 91.205(b) and 91.207 and that

equipment must be in an operable condition during the flight.

18. HFF must hold and continue to hold a determination from the U.S. Internal Reven ue

Service that it is a § 501(c)(3) nonprofit, tax

- exempt, charitable organization under9

§§ 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code.

19. HFF must notify the Windsor Locks FSDO at least 5 working days (Mondays through

Fridays) before conducting any PIC or second in command (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

.

20. No later than 72 hours prior to commencing flight operations under the terms of this grant

of exemption, HFF 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.

21. 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 the exemption.

22. The PIC is prohibite d from performing aerobatic flig ht while passengers are onboard the

aircraft.

2 3 . For all aircraft subject to this exemption, flight within 500 feet of another aircraft

(i.e., formation flying) is prohibited.

2 4

. Prior to flight, the P IC must ensure that a passenger briefing meeting the scope and

content of § 135.117 has been provided to the passenger(s).

2 5 . No persons other than the assigned flight crewmembers may be permitted on the pilot

station of the aircraft during flight operations.

2 6 . No persons other than the assigned flight crewmembers may be permitted to manipulate

the flight controls during flight operations.

27. 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.

28. HFF must develop a continuous analysis and management program for all aircraft subject

to this exemption that ensures compliance with its inspection program, training program,

and conditions and limitati ons of this exemption.10

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 Exemption No. 9912 , as

amended.

The Effect of Our Decision

Our decision extends t he termination date of Exemption No. 9912 , as amended, to

July 31, 201 5

, unless sooner superseded or rescinded

.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards Service