AFS-11-111-E Feb 09 2011

Exemption No. 10205 Regulatory Docket No. FAA-2011-0003

Mr. Larry Gregory

President

Texas Aviation Hall of Fame

P.O Box 3099 Galveston, Texas 77552

Dear Mr. Gregory:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated December 28, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Texas Aviation Hall of Fame (TAHF) for an exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow TAHF to provide pilot training aboard the museum’s Boeing B-17 Flying Fortress (N900RW), North American B-25 Mitchell (N333RW) and North American P-51 Mustang (N4151D). This exemption would allow the museum to operate these Limited Category aircraft while carrying passengers/crew for compensation or hire for training purposes.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to TAHF.2

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6811 (copy enclosed), the FAA found that the aircraft operated by Stallion 51 are certified to the higher standards required for the limited category. The FAA issues limited category airworthiness certificates to aircraft—

1. previously issued a limited category type certificate;

2. that conform to that type certificate or properly altered condition;

3. in a good state of preservation and repair; and

4. in a safe operating condition.

Additionally, the FAA imposes no additional conditions for the use of limited category aircraft when used in the certification practical test.

The FAA found that flight training is the corn erstone for safe flight operations. The FAA promotes training as evidenced by the requireme nts for the biennial flight review, the FAA sponsored pilot proficiency award program, and the many FAA-sponsored safety seminars provided by the safety program managers found in all Flight Standards District Offices (FSDO’s) located throughout the United States. The FAA, therefore, found a grant of exemption to Stallion 51 would provide a segm ent of the aviation community with flight instruction that might not otherwise be available.

Having reviewed your reasons for requesting an exemption, I find that—

 they don’t differ materially from those presented by the petitioner in the enclosed grant of exemption;

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Texas Aviation Hall of Fame an exemption from 14 CFR § 91.315 to the extent necessary to provide pilot training aboard the museum’s Boeing B-17 Flying Fortress (N900RW), North American B-25 Mitchell (N333RW) and North American P-51 Mustang (N4151D). This exemption would allow the museum to operate these Limited Category aircraft while carrying trainees/crew for compensation or hire for training purposes, subject to the conditions and limitations described below.3

Conditions and Limitations

1. TAHF must continue to maintain its aircraft in an airworthy condition in

accordance with –

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

b. An inspection program that meets the requirements of § 91.409; and

c. Appropriate military technical manuals for the aircraft.

2. The pilot in command (PIC) must –

a. Hold at least a commercial pilot certificate with an appropriate rating, including type rating if required;

b. Hold at least a second-class medical certificate;

c. Hold a certificated flight instructor certificate;

d. Have completed aircraft qualification and recurrent flight and ground training within the previous 12 calendar months; and

e. Have accomplished three takeoffs and three landings to a full stop in the aircraft within the previous 90 days before serving as PIC.

This exemption terminates on January 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure