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‐ E July 10, 2014 Exemption No. 6802L Regulatory Docket No. FAA-2002-11285

Mr. Robert A. Stenevik Commemorative Air Force, Inc.

109 San Medina Lane Joshua, TX 76058

Dear Mr. Stenevik:

This letter is to inform you that we have granted your petit ion to amend Exemption No. 6802, as amended. It explains the basis for our decision and desc ribes its effect.

Basis for Our Decision

By submission received March 12 and April 11, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of Commemorative Air Force, Inc. (CAF), for an amendment of Exemption No. 6802K. That exemption from §§ 91.315, 91.319(a), 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows CAF) to operate certain aircraft for the purpose of carrying passengers for compensation or hire for living history flight experiences (LHFE).

In your recent submission you requested amendments that would correct an error in a registration number and remove two aircraft from the exempti on that have been recertified in the standard category. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the reque sted amendment would not set a precedent, and any delay in acting on this petition would be detrimental to CAF.

Our Decision

As part of the FAA’s review and analysis of this petition, we have made a number of changes to

the conditions and limitations in add ition to the amendments you requested.

In condition 1(j) we corrected the registration number for the Grumman TBM to read Grumman TBM, N5264V. In addition, we have rem oved Grumman TBM, N53503, since the aircraft suffered an accident and will be under extensive repa irs for a period of time. We will consider reinstating N53503, if requested, when repairs are co mpleted and have been validated by the Flight Standards District Office. Further, as a result of the sale of the Fairchild PT-26, N46693, and the decision to recertify the SNJ-5, N103LT, we have removed these aircraft from the exemption.2

We have revised limitation 2(c) and 3(c) to include more detailed references to the applicable civil and military operational, maintenance, and inspection guidance applicable to the aircraft listed in this exemption.

We have added a “Note” to limitations 9 through 14 to provide for a process should any conflict arise between the limitations in the applicable technical guidance and the FAA-issued operating

limitations.

We have determined that limitations 11, 12 and 13, Training Tasks Tables, specifically, tasks (c)(ii) and (d)(iii) were inaccurate or could lead the reader to the incorrect impression that an actual shutdown of a powerplant was required. We have clarified these limitations since the term “simulated powerplant failure” was used in task (e)(ii) Landings and Approaches to Landings; however, tasks (c)(ii) and (d)(iii) did not use the word “simulated.” The wording has been revised to clarify that the actual shutdown (and re-start ) of a powerplant should only be demonstrated in task (d)(iii) Inflight Maneuvers , as specified. The revision also s tipulates that an actual shutdown and re-start of a powerplant is only required for initial pilot in command (PIC) qualification in the case involving multi-engine types.

We have added a limitation 35 to make clear the a pplicability of this exemption is not valid for operations outside of the United States.

Please note that the conditions and limitations in cluded with an exemption may not be based on specific regulations, but are the FAA’s means to ensu ring an equivalent level of safety. This may necessitate limitations that go beyond the estab lished regulations because the proposed operation is, by its need for an exemption, outside the norm al regulatory structure. In addition, the FAA may, when necessary, revise the co nditions and limitations or require corrective action in order to adequately mitigate safety concerns a nd risk factors as they become known.

The FAA has also amended the exemption to ad d a regulation that was inadvertently omitted from the list of applicable regulations subject to relief provided by th is exemption. Although CAF has requested relief from 14 CFR §§ 91.315, 91.319(a) , 119.5(g) and 119.21(a) to operate certain aircraft for the purpose of carrying passengers fo r compensation or hire on Living History Flight Experience (LHFE) flights, we have determin ed that certain conditi ons and limitations may preclude CAF from conducting operations pursuan t to this exemption. Those conditions and limitations are prescribed as part of the special ai rworthiness certificate issued for experimental or limited category aircraft. Adherence to those co nditions and limitations is required by pertinent parts of § 91.9(a) wh ich prescribe that:

“No person may operate a civil aircraft wit hout complying with the operating limitations specified in the approved Airpla ne or Rotorcraft Flight Manu al, markings and placards, or as otherwise prescribed by the certificati ng authority of the c ountry of registry.”

Generally, the FAA issues a limitation that states that no person may operate the aircraft carrying persons or property for compensatio n or hire (see aircraft-speci fic operating limitations). This

one limitation issued with the airworthiness certif icate is the only limitation that the exemption from § 91.9 is applied to. Therefor e, the FAA finds that it is appropr iate to exempt CAF from3

§ 91.9 to the extent necessary to conduc t operations pursuant to this exemption.

The FAA has determined that the justificati on for the issuance of Exemption No. 6802, as amended, remains valid with respect to this amendm ent and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 106(g), 40113, and 44701, which the FAA Administrator has delegated to me, CAF is granted relief from §§ 91.9(a), 91.315, 91.319(a), 119.5(g), and 119.21(a) of Title 14 Code of Federal Re gulations to the extent that allows CAF to operate certain aircraft for the purpose of carry ing passengers for compensation or hire for living history flight experiences.

Conditions and Limitations

1. This exemption applies only to the aircraft listed below:

a. Beech C-45, N4207;

b. Boeing B-29, N529B;

c. Boeing B-17, N9323Z and N7227C;

d. Boeing PT-17, N1387V;

e. Consolidated B-24, N24927;

f. Curtiss SB2C, N92879;

g. Curtis C-46, N53594;

h. Douglas A-26, N626SH, N9682C, and N240P;

i. Douglas SBD, N82GA;

j. Grumman TBM, N5264V;

k. North American B-25, N9643C, N27493, N345TH, N5865V, N25YR, and N125AZ;

l. North American P- 51, N5428V, N10601, N61429, and N44727; and

m. North American T-28, N70743.

2. CAF must maintain its limited category aircraft in accordance with the:

a. Maintenance requirements as specified in the aircraft type specification sheet, as amended;

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

c. Most current technical manuals for airframe, powerplant, and systems used operationally by the US military or th e technical guidance provided under the Military Assistance Program (MAP), thereafter.

3. CAF must maintain its experiment al aircraft in acco rdance with the:

a. Maintenance requirements as specified in the aircraft’s FAA-issued operating limitations, as amended;4

b. When applicable, maintenanc e requirements as specified in the aircraft type specification sheet, as amended, when a lim ited category version of the aircraft exists;

c. FAA-approved maintena nce inspection program that meets the scope and content of § 91.409(a) and (b); and

d. Most current technical manuals for airframe, powerplant, and systems used operationally by the US military or the technical guidance provided under the Military Assistance Program (MAP), thereafter.

4. The pilot in command (PIC ) for the B-17, B-25, and A-26 must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft multiengine land rating, an airplane instrument rating, and the appropriate unrestricted type rating;

b. Have completed within the prev ious 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training program in each aircraft for which PIC privileges are sought;

c. Have completed within the prev ious 12 calendar m onths, CAF’s PIC proficiency check in each aircraft fo r which PIC privileges are sought;

d. Have at least a tota l of 2,500 hours of aeronauti cal flight experience, 1,000 hours of aeronautical flig ht experience in multieng ine land airplanes, and 25 hours in the specific aircraft; or ha ve at least a tota l of 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in a multiengine land airplane, and 100 hours a nd 50 takeoffs and 50 landings in the specific aircraft; and

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

5. The PIC for the B-29 and B-24 must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane multiengine land rating, an airplane instrument rating, and the appropriate unrestricted experimental aircraft authorization;

b. Have completed within the prev ious 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training program in each aircraft for which PIC privileges are sought;

c. Have completed within the prev ious 12 calendar months, CAF’s PIC proficiency check in each aircraft fo r which PIC privileges are sought;

d. Have at least a tota l of 2,500 hours of aeronauti cal flight experience, 1,000 hours of aeronautical flig ht experience in multie ngine land airplane, and5

25 hours in the specific aircraft; or ha ve at least a tota l of 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in a multiengine land airplane, and 100 hours a nd 50 takeoffs and 50 landings in the specific aircraft; and

e. Have accomplished within the previ ous 90 days, three takeoffs and three landings in each aircraft for which PIC privileges are sought. For initial PIC qualification in the specific aircraft or if the pilot has allowed his/her takeoff and landing currency to laps e in the specific aircraft , the takeoff and landing currency may not be accomplished du ring passenger-carrying operations.

6. The PIC for the Gr umman-TBM (G-TBM) must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft singleengine land rating, an airpla ne instrument rating, and an unrestricted G-TBM type rating;

b. Have completed within the prev ious 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training program in the G-TBM;

c. Have completed within the prev ious 12 calendar months, CAF’s PIC proficiency check in the G-TBM;

d. Have at least a tota l of 2,500 hours of aeronauti cal flight experience, 1,000 hours of aeronautical flight experience in single-engine land airplanes, and 25 hours in the G-TBM; or have at le ast a total of 1,000 hour s of aeronautical flight experience, 200 hours of aeronautical flight experi ence in a single-engine land airplane, and 100 hours a nd 50 takeoffs and 50 landi ngs in the G-TBM; and

e. Have accomplished within the previ ous 90 days, three takeoffs and three landings to a full stop in the G-TBM. For initial PIC qualification in the G-TBM or if the pilot has allowed his/her takeoff and landing cu rrency to lapse in the G-TBM, the takeoff and landing currency may not be accomplished during passenger-carrying operations.

7. The PIC for all other aircraft must:

a. Hold at least an unrestricted commercial pilot certificate with an appropriate category and class rating; an aircraft instrument rating; and the appropriate unrestricted experimental aircraft aut horization if required by the FAA-issued operating limitations;

b. Have completed within the prev ious 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training program in the specific aircraft;

c. Have completed within the prev ious 12 calendar months, CAF’s PIC proficiency check in the specific aircraft;

d. Have at least a tota l of 2,500 hours of aeronauti cal flight experience, 1,000 hours of aeronautical flight experience in single-engine land airplanes, and 25 hours in the specific aircraft; or ha ve at least a tota l of 1,000 hours of6

aeronautical flight experience, 200 hours of aeronautical flight experience in a single-engine land ai rplane, and 100 hours and 50 take offs and 50 landings in the specific aircraft; and

e. Have accomplished within the previ ous 90 days, three takeoffs and three landings to a full stop in the specific aircra ft. For initial PIC qualification in the specific aircraft or if the pilot has allo wed his/her takeoff an d landing currency to lapse in the specific aircraft, the ta keoff and landing cu rrency may not be accomplished during passenger-carrying operations.

8. The second in command (SIC) for th e B-17, B-24, or B-25, A-26, and B-29 must:

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

b. Have completed within th e previous 12 calendar mont hs, CAF’s SIC qualification and recurrent flight and ground training pr ogram in the aircraft for which SIC privileges are sought;

c. Have completed within the prev ious 12 calendar months, CAF’s SIC proficiency check in each aircraft fo r which SIC privileges are sought;

d. Have at least a total of 1,500 hours of aeronautical flig ht experience, 250 hours of aeronautical flight experience in a multiengine land airplanes; or have at least a total of 500 hours of aeronautical flig ht experience, 100 hours of aeronautical flight experience in a mu ltiengine land airpla nes, and 25 hours and 10 takeoffs and 10 landings in each aircraft for which SIC privileges are sought; and

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

9. CAF must develop and maintain written mu ltiengine airplane specific qualification and recurrent ground training programs for its PICs and SICs in each specific airplane that cover the training subjects list ed below. Each PIC and SI C 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 specific multiengine aircraft:

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidance and the FAA-issued operating limitations, the FSDO must be contacted for additional guidance.

10. CAF must develop and main tain a written single-engine airplane qualification and recurrent ground training program for its PICs in each single-engine airplane that covers the training subjects listed below. Each PI C must receive the following training within the previous 12 calendar months and be found to be competent and7

proficient in these areas prior to servi ng in a PIC position in the specific singleengine airplane:

REQUIRED TRAINING TASKS

a. General inform ation and descripti on of the aircraft;
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 a ssignments and procedures, including coordination among ground and flight crewmembers; (ii) Individual instruction in th e 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 abnor mal situations involving passengers

or crewmembers;

m. Weight and balance; n. Performance planning; and

o. Aircraft’s checklist.

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidance and the FAA-issued operating limitations, the FSDO must be contacted for additional guidance.8

11. CAF must develop and main tain written multiengin e airplane qualifica tion and recurrent flight training programs for its PICs in th e specific airplane that cover the areas of operations and tasks, as listed in the followi ng below. Each PIC in multiengine airplanes must successfully accomplish this training befo re being assigned PI C responsibilities and duties. Each PIC in multieng ine airplanes must receive and successfully accomplish the following training within the previous 12 calen dar months and be f ound to be competent and proficient in these ar eas prior to serving in a PIC position in each specific multiengine airplane for CAF:

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) Pre-takeoff checks;

c. Takeoffs & Depart ures, 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; (iii) Simulated powerplant failure (actual shutdown and re-start procedure for initial PIC qualification, all other po werplant 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;9

f. Normal & Abnormal Procedures, including— (i) Powerplant; (ii) Fuel system; (iii) Electrical system; (iv) Hydraulic system; (v) Environmental & pressurization system (as appropriate a nd if equipped); (vi) Fire detection & extinguishing system; (vii) Navigation & avionics system; (viii) Automatic flight control system, electronic flight instrument system, and related systems (as approp riate and if equipped); (ix) Flight control system; (x) Anti-ice & deice system; and ( xi ) Ai r p l a ne & p e r son a l eme r g enc y e q ui pm ent; 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.

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidance and the FAA-issued operating limitations, the FSDO must be contacted for additional guidance.

12. CAF must develop and main tain a written G-TBM qualifica tion and recurrent flight training program for its PICs in the G-TBM that covers the areas of operations and tasks, as listed in the following table of traini ng tasks. Each PIC in the G-TBM must successfully accomplish this training before bei ng assigned PIC responsib ilities and duties.

Each PIC in the G-TBM must receive and successfully accomplish the following training within the previous 12 calenda r months and be found to be competent and proficient in these areas prior to serving in a PIC position in the G-TBM:

REQUIRED TRAINING TASKS a. Preflight Preparation, including— (i) Aircraft exam (oral or written); and (ii) Aircraft performance & li mitations (oral or written);10

b. Ground Operations, including— (i) Preflight inspection; (ii) Cockpit resource management; (iii) Powerplant start procedures; (iv) Taxiing; and (v) Pretakeoff checks

c. Takeoffs & Depa rtures, 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; (iii) Simulated powerplant failure; 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 & Abnormal Procedures, including— (i) Powerplant; (ii) Fuel system; (iii) Electrical system; (iv) Hydraulic system; (v) Environmental system (as a ppropriate and if equipped); (vi) Fire detection & extinguishing system; (vii) Navigation & avionics system; (viii) Automatic flight control system, elect ronic flight instrume nt system, & related systems (as appropriate and if equipped); (ix) Flight control system; (x) Anti-ice & deice system; and (xi) Aircraft & persona l emergency equipment;

g. Emergency Procedures, including— (i) In-flight fire & smoke removal; (ii) Emergency descent; (iii) Ditching; and (iv) Emergency evacuation;

h. Postflight Procedures, including— (i) After landing procedures; and (ii) Parking and securing aircraft.11

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidance and the FAA-issued operating limitations, the FSDO must be contacted for additional guidance.

13. CAF must develop and main tain a written single-engine airplane qualification and recurrent flight training program for its PICs in each single-engine airplane that covers the areas of operations and tasks, as listed in the following table of training tasks. Each PIC in single-engine airplanes must successf ully accomplish this training before being assigned PIC responsibilities a nd duties. Each PIC in the single-engine airplanes must receive and successfully accomplish the fo llowing 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 airplane:

REQUIRED TRAINING TASKS a. Preflight Preparation, including— (i) Aircraft exam (oral or written); and (ii) Aircraft performance & li mitations (oral or written);

b. Ground Operations, including— (i) Preflight inspection; (ii) Cockpit resource management; (iii) Powerplant start procedures; (iv) Taxiing; and (v) Pretakeoff checks;

c. Takeoffs & Depart ures, 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; (iii) Simulated powerplant failure; 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;12

f. Normal & Abnormal Procedures, including— (i) Powerplant; (ii) Fuel system; (iii) Electrical system; (iv) Hydraulic system; (v) Environmental system (as a ppropriate and if equipped); (vi) Fire detection & extinguishing system; (vii) Navigation & avionics system; (viii) Automatic flight control sy stem, electronic flight instrument system, & related systems (as appropriate and if equipped); (ix) Flight control system; (x) Anti-ice & deice system; and (xi) Aircraft & persona l emergency equipment;

g. Emergency Procedures, including— (i) In-flight fire & smoke removal; (ii) Emergency descent; (iii) Ditching; and (iv) Emergency evacuation;

h. Postflight Procedures, including— (i) After landing pr ocedures; and (ii) Parking and securing aircraft.

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidance and the FAA-issued operating limitations, the FSDO must be contacted for additional guidance.

14. CAF must develop and ma intain written qualification a nd recurrent flight training programs for its SICs in the airplanes requiring SIC by type certificate or operating rule

that cover the areas of operations and tasks, as listed in the follow ing table of training tasks. Each SIC must successfully accomplis h this training before being assigned SIC responsibilities and duties. Each SIC mu st receive and successfully accomplish the following training within the previous 12 calen dar months and be found to be competent and proficient in these ar eas prior to serving in an SIC position for CAF:

REQUIRED TRAINING TASKS a. Operational procedures applicable to the powerplan t, equipment, and systems; b. Performance specifi cations and limitations;
c. Normal, abnormal, and emergency operating procedures;

d. Three takeoffs and thre e landings to a full stop as th e sole manipulator of the flight controls; e. Powerplant failure procedures an d maneuvering with a simulated powerplant failure while executing the duties of PIC;

f. Crew resource ma nagement training; and g. Familiarization with the aircraft flight manual, placards, and markings.13

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidance and the FAA-issued operating limitations, the FSDO must be contacted for additional guidance.

15. CAF may not use a pilot no r may any pilot serve as a pilot in any aircraft unless, since the beginning of the 12th cale ndar month before that servic e, 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 Lubbock, Texas, Flight Standards Di strict Office (FSDO) will

determine what maneuvers and procedures are critical, such as preflight preparation, ground operations, takeoffs and departures, and normal pr ocedures, etc., and maneuvers and procedures that may be uns afe for a particular aircraft.

16. Recurrent flight training for pilots must includ e, at least, flight training in the maneuvers and procedures in this exemption. Howe ver, satisfactory completion of the check required by this exemption within the preced ing 12 calendar months may be substituted for recurrent flight training.

17. CAF must notify the Lubbock FSDO at l east 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 check s required to be conducted

under the terms of this grant of exemption.

18. CAF must document and record all ground and flight training and/or testing required by this grant of exemption in a manner accep table to the FAA’s Lubbock FSDO. That

documentation and records must c ontain the following information:

a. Date of each training session;

b. Date of each testing session;

c. Amount of time of each session of ground and flight training given;

d. Amount of time of ea ch session of ground and f light testing given;

e. Results of each session of ground and flight testing given;

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

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

h. Aircraft identification number in which each flight training session was received;

i. Aircraft identification number in which each flight testing session was received;

j. Name and certificate number of the pilot who provided each session of training;14

k. Name and certificate number of the pilot who provided each session of testing;

l. Signature and printed name of the pilot who rece ived the training. That pilot’s signature will serve as a verification of having received each session of training; and

m. Signature and printe d name of the pilot who r eceived the testing. That pilot’s signature will serve as a verification of having received each session of testing.

19. When requested, CAF pilot qua lification and recurrent ground a nd flight training programs

and/or records listed und er the conditions of this exempti on must be made available to the

Lubbock FSDO.

20. CAF must have the serv ices of an FAA-certificat ed airframe and powerp lant mechanic or an appropriately rated repair st ation available at all stopove rs to perform all required maintenance inspections and repairs.

21. CAF will maintain the following informati on and records and will make those records available for review to the FAA when requested:

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

b. Copies of each PIC’s and SIC’s pilot cert ificate, medical certificate, qualifications,

and initial and recurrent traini ng and testing documentation; and

c. Records of maintenance performe d and maintenance in spection records as appropriate. Main tenance and inspection re cords must meet the requirements of §§ 43.9, 43.11, 91.405.

22. Before permitting a person to be carried on bo ard its aircraft for the purposes authorized under this exemption, CAF will inform that pers on that its aircraft hold only a limited or experimental 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 §§ 91.9 (a) 91.315, 91.319, 119.5(g), and 119.21(a). The explanation of the significance of a limited airworthiness certificate, or experimental airworthiness certificate, compared to a standard airworthiness certificate must include at least the following information:

a. The FAA has not esta blished nor has it approved lim ited category airworthiness certificated aircraft manufacturing standard s. The FAA has not established nor has it approved experimental categ ory airworthiness certificated aircraft manufacturing standards. In contrast, st andard category airworthiness certificated aircraft are manufactured to FAA-approved standards, in cluding standards addr essing the design

of the aircraft and life- limited parts;

b. Limited category airworthiness certifi cated aircraft are issued when the FAA

finds the aircraft—15

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

ii. To be in a good stat e of preservation and repair and is in a safe operating condition;

c. An aircraft may be i ssued an experimental airworth iness certificate for the purpose

of exhibition when the aircraft is intended only for exhibition of the aircraft’s flight capabilities, performance, or unusual char acteristics at airsho ws, motion picture, television, and simila r productions and the maintena nce of exhibition flight proficiency, including (for pe rsons exhibiting the aircraft ) flying to and from such airshows and productions;

d. Standard category airworth iness certificates are issued for an aircraft when the

FAA finds the—

i. Aircraft has been bui lt and maintained in accorda nce with that aircraft’s type certification standards as established by the FAA; and

ii. Aircraft’s inspection and main tenance requirements are in compliance with the applicable Federal Aviation Regulations.

23. CAF must notify the FSDO with oversight of the specific aircraft within 24 hours of any of the occurrences listed below by written report, electronic mail, or facsimile. For the purpose of this secti on, “during flight” or “in-flig ht” means the period from the

moment the aircraft leaves the surface of the earth on takeoff until it touches down on landing.

a. Any of the following in-flight occurrences:

i. Each in-flight fire in any system or area that requi res activation of any fire suppression system or discharge of a porta ble fire extinguisher;

ii. Each aircraft 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;

iii. Except for training, each occurre nce of in-flight engine shutdown or propeller feathering, and the reason for such shutdown or feathering;

iv. Any landing gear sy stem or component failure s or malfunctions, which require use of emergency or st andby extension systems; and

v. Each malfunction, failure, or defect in any system orcomponent that requires taking emergency action of any type duri ng the course of any flight;

b. Any of the following in-f light and/or ground occurrences:

i. Each exhaust system component failure, including the turbocharger (supercharger) components, that causes damage to any engine, structure, cowling, or components;16

ii. Each failure of th e propeller governing systems or feathering systems; and

iii. Each failure or malfunction of th e fuel system, tanks, pumps, or valves;

c. Each failure or malfunction of the wheel brake system that causes loss of brake control on the ground; and

d. Each aircraft structure that requires major repair due to damage, deformation, or

corrosion and the me thod of repair.

24. 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 sunr ise and sunset, as established in the American Air Almanac, as converted to local time;

c. Within a 25-statute-m ile radius of the departur e 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 th an 1,500 feet AGL;

e. Passenger-carrying ope rations for compensation may be conducted at distances greater than 25 statute miles of the depa rture airport up to 50 statute miles with

concurrence of the FAA FS DO having geographic respons ibility for the aviation event. For such flights, landings are only permitted at the departure airport. The operator must provide inform ation pertaining to the propos ed route of flight, which must avoid densely populat ed areas or congested airways in ac cordance with § 91.319(c) for aircraft certifi cated in the experimental category. Those operators utilizing aircraft certificated in the limited category ar e not bound by the restriction regarding the avoida nce of densely populated area s 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 fo r the duration of the proposed operation that indicate that

the weather would be no less than 5 stat ute miles visibility and cloud ceilings no less than 1,000 feet AGL. Passenger-carry ing 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 temporar ily (TEMPO) shall be limiting; and

g. The aircraft may only be operated from an ai rport that has a fire station or firefighting services available or within close proximity of the airport.

25. The PIC is prohibited from performing aerobatic flight wh ile passengers are onboard the

aircraft.

26. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., formation flyi ng) is prohibited.17

27. Prior to flight, the PIC must ensure that a passenger briefi ng meeting the scope and content of § 135.117 has been provide d to the passenger(s).

28. No persons other than the assigned flig ht crewmembers may be permitted on the pilot

station of the aircraft during flight operations.

29. No persons other than the assigned flight crewmembers may be perm itted to manipulate the flight controls duri ng flight operations.

30. 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.

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

32. CAF must hold and continue to hold a dete rmination from the U.S. Internal Revenue Service that it is a § 501(c )(3) nonprofit, tax-exempt, ch aritable organization under §§ 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code.

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

34. CAF must develop a continuous analysis and management program for all aircraft subject to this exemption that ensures compliance w ith its inspection program, training program,

and conditions and limitati ons of this exemption.

35. This exemption is not valid for ope rations outside of the United States.

Failure to comply with any of th e conditions and limitations of th is grant of exemption will be grounds for the immediate suspen sion or revocation of Exem ption No. 6802, as amended.

The Effect of Our Decision

Our decision to amend keeps the terminati on date of Exemption No. 6802, as amended, to November 30, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service