AFS

- 1 3

- 466

- E August 19, 2013

Exemption No. 9932B Regulatory Docket No. FAA

- 2009

- 0480

Mr. Robert B. Haines

Counsel History Flight, Inc. 2487 Lamington Road Bedminster, NJ 07921

Dear Mr . Haines :

This letter is to inform you that we have granted your petition to extend Exemption No. 9932

, as amended . It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated July 10, 2013 , you petitioned the Federal Aviation Administration (FAA) on behalf of History Flight, Inc. (HFI )

, for an extension of Exemption No. 9932. That exemption from §§ 91.315, 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows HFI to carry passen gers on local historical experience flights in its North American B

25 airplane in return for donations

.

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 reques ted extension of the exemption would not set a precedent, and any delay in acting on this petition would be det rimental to HFI

.

Our Decision

The FAA has modified the conditions and limitations of Exemption No. 9932 to address inconsistent terminology used when describing required training tasks. These changes a re to clarify the original content

, further define the intent and provide consistency of the safety

-2

related aspects of the conditions and limitations. The FAA will be making these changes to

all living history flight experience ( LHFE ) exemptions as they are amended or extended.

Th e FAA has also removed a regulation that was incorrectly listed as applicable to the extension of exemption No. 9932

. In the Conditions and Limitations section of exemption

Nos. 9932 and 9932A, 14 CFR § 91.319 was listed as one o f the regulations from whi ch HFI is exempt. That regulation applies to a ircraft having experimental certificates

. There have

been no experimental aircraft operating under this or previous HFI exemptions; therefore,

reference to this regulation i s unnecessary. Section 91.315 is t he regulation that applies to

H FI ’s limited category, B

- 25 aircraft

.

Please note the conditions and limitations included with an exemption may not be based on specific regulations

, but are the FAA’s means of ensuring an equivalent level of safety

. This

ma y necessitate limitations that go beyond the established regulations because the proposed operation is

, by its need for an exemption, outside the normal regulatory structure.

Limitation No. 6, Required Training Tasks table for pilot in command (PIC), task s (c), (d) and (e) as previously drafted leads the reader to the incorrect impression that an a ctual shutdown

of a powerplant was required during task (c); Takeoffs & Departures

. Th e term “simulated powerplant failure” was used in task (e); Landings and A pproaches to Landing s; however, tasks (c) and (d) did not use the word “simulated.” We are revising t he wording to clarify the

actual shutdown ( and re

- start ) of a powerplant should only be demonstrated in task (d); Inflight Maneuvers

. The revision also s tipulates that an actual shutdown and re

- start of a powerplant is only required for initial PIC qualification.

Limitation No. 7

, Required Training Tasks table for second in command (SIC), task ( e) had previously used the terms “engine

- out procedures” an d “maneuvering with an engine

- out” which is inconsistent with the terminology used in the PIC training table. The wording is

revised to state that the requirements are : “powerplant failure procedures” and “maneuvering with a simulated powerplant failure.”

Limitation No. 14 is corrected by removing the reference to § 91.319 because it is not applicable to this exemption since H FI ’s B

- 25 is a limited category aircraft.

The FAA has determined that the justification for the issuance of Exemption No. 9932, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority 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 co nditions and limitations.

Conditions and Limitations

1. This exemption applies on ly to HFI’s North American B

- 25, N 5548N.

2. The exemption holder must maintai n the B

- 25 in accordance with the:3

a. Maintenance requirements as specified in the B

- 25 type certificate data sheet, as amended;

b. FAA

- approved maintenance inspection program that meets the requirements of § 91.409(e), (f)(4)

, and (g); and

c. The B

- 25 military technical manuals

.

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

- 25 must:

a. Hold at least a commercial pilo t certificate with an ai rplane multiengine land rating, an airplane instrument rating, and the B

- 25 type rating;

b. Have completed within the previous 12 calendar months, the exemption holder ’ s PIC qualification and recurrent flight and ground training progr am in the B

- 25 airplane for which PIC privileges are sought;

c. Have completed within the previous 12 calendar months, the exemption holder ’ s PIC proficiency check in the B

- 25 airpla ne for which PIC privileges are sought;

d. Have at least a total of 2,500 hour s of aeronautical fl ight experience, 1,000 hours

of aeronautical flight experience in multiengine land airplanes, and 25 hours in

each specific airplane; or have at least a total of 1,000 hours of aeronautical flight experience, 200 hours of aeronautical f light experience in a multiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in the B

- 25 airplane; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the B

- 25 airplane for which PIC pri vileges are sought. For initial PIC qualification in the specific airplane or i f the pilot has allowed his/her takeoff and landing currency to lapse in the B

- 25 airplane

, the takeoff and landing currency may not be accomplished during passenger

- carrying o perations.

4. The second in command ( SIC ) for the B

- 25 must:

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

b. Have completed within the previous 12 calendar months, the exemption hold er’s SIC qualification and recurrent flight and ground training program in the B

- 25 airplane for which SIC privileges are sought;

c. Have completed within the previous 12 calendar months, the exemption holder ’ s SIC proficiency check in the B

- 25 airpla ne for which SIC privileges are sought;4

d. Have at least a total of 1,500 hours of aeronautical flight experience, 250 hours of aeronautical flight experience in a multiengine land airplane; or have at least a total of 500 hours of aeronautical flight experience, 1 00 hours of aeronautical flight experience in a multiengine land airplane, and 25 hours and 10 takeoffs and 10 landings in the B

- 25 airplane for which SIC privileges are sought; and

e. Have accomplished within the previous 90 days, three takeoffs and three l andings to a full stop in the airplane for which SIC privileges are sought. For initial SIC qualification in the B

- 25 airplane or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific airplane, the takeoff and landing curr ency may not be accomplished during passenger

- carrying operations.

5. The exemption holder must develop and maintain written B

- 25 qualification and recurrent ground training programs for its PICs and SICs in the B

- 25 that cover the training subjects

listed b elow. Each PIC and SIC in the B

- 25 must receive the following training within the previous 12 calendar months and be found to be competent and knowledgeable in these areas prior to serving in a PIC or SIC position in the B

- 25:

REQUIRED 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, brak es, controls, and flaps systems; k. Propeller; l. Emergency procedures, including

— (i) Instruction in emergen cy assignments and procedures, i ncluding coordination among crewmembers; (ii) Individual instruc tion 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 extinguishe r 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

ele ctrical equipment and related circuit breakers found in cabin areas; and5

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. The exemption holder must develop and maintain a written B

- 25 qualification and recurrent flight training program for its PIC in the B

- 25 that covers the areas of operations and tasks, as listed in the f ollowing table of training tasks. Each PIC in the B

- 25 must successfully accomplish this training before being assigned PIC responsibilities and

duties. Each PIC in the B

- 25 must receive and successfully accomplish the following training within the previ ous 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 for the exemption

holder :

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

— (i) Preflight inspection; (ii) Cockpit resource management; (iii) Powerplant start procedures; (iv) Taxiing; and (v) P re

- takeoff checks; c. Takeoffs & Departures, including

— (i) Normal & crosswind takeoffs; (ii) Simulated powerplant failure; and (iii) Rejected takeoffs;

d. In

- flight Maneuvers, including

— (i) Steep turns; (ii) Approach to stalls; (i ii) Powerplant failure (actual shutdown and re

- start procedure for initial PIC qualification, all other powerplant failure training may be simulated); and (iv) Specific flight characteristics; e. Landings & Approaches to Landing, including

— (i) Normal & crosswind approaches & 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 & Abnorma l Procedures, including

— (i) Powerplant;6

(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 & avi onics 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; and (xi) Airplane & pe rsonal emergency equipment; g. Emergency Procedures, 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 Procedures, including

— (i) After landing procedures; and (ii) Parking and securing airplane.

7. The exemption holder must develop and maintain a written B

- 25 qualification and

recurrent fli ght training programs for its SIC in the B

- 25 that covers the areas of operations and tasks, as listed in the following table of training tasks. Each SIC in the

B

- 25 must successfully accomplish this training before being assigned SIC responsibilities

and duties. Each SIC in the B

- 25 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 for the exem ption

holder :

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 th ree landings to a full stop as the sole manipulator of the flight controls;

e. Powerplant failure procedures and maneuvering with a simulated powerplant failure while executing the duties of PIC; f. Crew resource management training; and g. Familiariz ation with the airplane flight manual, placards, and markings.

8. The exemption holder may not use a pilot nor may any pilot serve as a pilot in any airplane unless, since the beginning of the 12th calendar month before that service, that pilot has7

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

to determ ine the pilot’ s competence in practical skills and techniques in the B

- 25 airplane. The competency check will consist of the appro priate maneuvers and procedures cur rently required for the original issuance of the commercia l pilot certificate. The FAA’ s local jurisdictional F light Standards District Office (FSDO) will determine what maneuvers and procedures are critical, such as preflight preparation, ground operatio ns, takeoffs and departures, and normal procedures, etc., and maneuvers and procedures that may be unsafe for a particular airplane.

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

10. The exemption holder must document and record all ground and flight training and/or

t esting required by this grant of exemption in a manner acceptable to the FAA’ s local jurisdictional FSDO. That documentation and record must contain the following

information:

a. Date of each training session;

b. Date of each testing session;

c. The amount of t ime of each session of g round and flight training given;

d. The amount of time of each session of ground and flig ht testing given;

e. Location where each session of groun d and flight training was given;

f. Location where each session of grou nd and flight testing was given;

g. The airplane identification number in which each flight training session was receiv ed;

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 sessi on 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 rec eived the training. That pilot’ s signature will serve as a verification of having re ceived each session of training; and

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.8

11. When requested, the exemption holder ’ s pilot qualific ation and recu rrent ground

- and flight

- training programs and/or records listed in conditions above must be made

available to the local jurisdictional FSDO.

12. The exemption holder must have the services of an FAA

- certificated airframe and powerplant mechanic or an appropr iately rated repair station available at all stopovers to perform all required main tenance inspections and repairs.

13. The exemption holder will maintain the following inform ation and records and will

make those records available for review to the FAA when r equested:

a. The name of each pilot crewmember the exemption holder authorizes to

conduct flight operations in its airplane under the terms of this exemption;

b. Copies of each PIC’s and SIC’ s pilot certificate, medic al certificate, qualifications, and initial and recurrent training and testing d ocumentation 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. Maintenance and inspection

records m ust meet the requirements of §§ 43.9, 43.11 , and 91.405

.

14. Before permitting a person to be carried on board its airpl ane for the purposes authorized under this exemption, the exemption holder will infor m that person that its airplane

hold s only a limited a irworthiness 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,

1 19.5(g), and 119.21 (a). The explanation of the significance of a limited 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

airworthine ss 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 and life

- limited parts;

b. Limited ca tego ry airworthiness certificates 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; and9

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

c. 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 FA A; and

ii. Airplane’ s inspection and maintenance requ irements are in compliance

with the applicable Federal Aviation Regulations.

15. The exemption holder must notify the local jurisdictional FSDO within 24 hours of any of the following occurrences by written re port, 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 extingu isher;

b. Each exhaust system component failure

, includ ing the turbocharger

c omponents that cause damage to any engine, st ructure, cowling, or
components;

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

crew area;

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

e. Each failure of the propeller governin g systems or feathering systems;

f. Any landing gear system or component failures or malfunctions, w hich require

use of emergen cy or standby extension systems;

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

h. Each airplane structure that requires major repair due to damage, deformation,

or corr osion , 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; and10

k. F o r the purpose of this section, “during flight” m eans the period from the

moment the airplane leaves the surface of the earth on takeo ff until it touches

down on landing.

16. All flight operations must be conducted:

a. At a minimum operating altitude of not les s tha n 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 compensatio n may be conducted at distances greater than 25 statute miles of the departure airp ort up to 50 statute miles with concurrence of the FAA FSDO having geographic responsibility for the

aviation event. For such flights, landings are only permi tted 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 duratio n of the proposed operation that

indicate that the weather would be no less than 5 statute mile s visibility and

cloud ceilings no less than 2,000 feet AGL. Passenger

- carrying operations

shall be terminated if ceiling and visibility become l ess than the minimum required by the se conditions and limitations. Weather forecasts listing

discrimin ators su ch 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.

17. No persons other than the assigned flight crewmember s may be permitted on the pilot station of the airplane during flight operations.

18. All flight operations must carry no more than the maximum number of passengers permitted by the aircraft’s weight and balance limit ations and number of approved seats

in the aircraft

.11

19. The airplane 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. The exemption holder must hold and continue to hol d a deter mination 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. The exemption holder must notify the local jurisdictional 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 operation s under the terms of this
grant of exemption, the exemption holder 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. Prior to flight, the PIC must ensure that a passenger briefing meeting the scope and content of § 135.117 has been provided to the passenger(s).

24. The PIC is prohibited from performing aerobatic flight while passengers are onboard the

aircraft.

25. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., formation flying) is prohibited.

26. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight contr ols during flight operations.

27. The exemption holder 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 limitations o f this exemption.

28. 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.12

The Effect of Our Decision

Our decision extends the termination date of E xemption No. 9932 , as amended, to August 31, 2015 unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Ser vice