AFS-13-311-E

June 14, 2013

 Exemption No. 9931B

 Regulatory Docket No. FAA-2008-1313

Mr. Brett Hobson

President

Pacific Prowler, LLC

P.O. Box 1753

Joshua, TX 76058

Dear Mr. Hobson:

This letter is to inform you that we have granted your petition to extend Exemption No. 9931, 

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

The Basis for Our Decision

By letter dated March 26, 2013 you petitioned the Federal Aviation Administration (FAA) on 

behalf of Pacific Prowler, LLC (PP) for an extension of Exemption No. 9931, as amended. 

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

Regulations allows PP to conduct living history flight experience (LHFE) operations in its 

North American B-25. 

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 of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to PP.

Our Decision

The FAA has modified the conditions and limitations of Exemption No. 9931 to address 

inconsistent terminology used when describing required training tasks. These changes are to 

clarify the original content and further define the intent and provide consistency of the safetyrelated aspects of the conditions and limitations. The FAA will be making these changes to 

all LHFE exemptions as they are amended or extended.
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Please note that the conditions and limitations included with an exemption are not based on 

specific regulations but are the FAA’s means of ensuring an equivalent level of safety. This 

may necessitate limitations that go beyond the established regulations due to the fact that the 

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

Limitation No. 6, Required Training Tasks table for PIC, tasks (c), (d) and (e) as previously 

drafted leads the reader to the incorrect impression that an actual shutdown of a powerplant 

was required during task (c); Takeoffs & Departures. This clarification is necessary since the 

term “simulated powerplant failure” was used in task (e); Landings and Approaches to 

Landings; however, tasks (c) and (d) did not use the word “simulated.” The wording is

revised to clarify that the actual shutdown (and re-start) of a powerplant should only be 

demonstrated in task (d); Inflight Maneuvers. The revision also stipulates 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 SIC, task (e) had previously used the 

terms “engine-out procedures” and “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.”

The FAA has determined that the justification for the issuance of Exemption No. 9931, 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 conditions 

and limitations.

Conditions and Limitations

1. This exemption applies only to PP’s North American B-25, N1042B.

2. PP 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 requirements of 

§ 91.409(e), (f)(4), and (g); and

c. The appropriate military technical manuals.

3. The PIC for the B-25 must:

a. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating, an airplane instrument rating, and the appropriate type rating;
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b. Have completed within the previous 12 calendar months, PP’s PIC 

qualification and recurrent flight and ground training program in each specific 

airplane for which PIC privileges are sought;

c. Have completed within the previous 12 calendar months, PP’s PIC proficiency 

check in each specific airplane for which PIC privileges are sought; 

d. Have at least a total of 2,500 hours of aeronautical flight 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 flight experience in a 

multiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in 

each specific airplane; and 

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

landings to a full stop in each specific airplane for which PIC privileges are 

sought. For initial PIC qualification in the specific airplane or if the pilot has 

allowed his/her takeoff and landing currency to lapse in each specific airplane, 

the takeoff and landing currency may not be accomplished during passengercarrying operations. 

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 instrument rating; 

b. Have completed within the previous 12 calendar months, PP’s SIC 

qualification and recurrent flight and ground training program in each specific 

airplane for which SIC privileges are sought;

c. Have completed within the previous 12 calendar months, PP’s SIC proficiency 

check in each specific airplane for which SIC privileges are sought; 

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, 100 hours of aeronautical 

flight experience in a multiengine land airplane, and 25 hours and 10 takeoffs 

and 10 landings in each specific airplane 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 airplane for which SIC privileges are sought. For 

initial SIC qualification in each specific airplane or if the pilot has allowed 

his/her takeoff and landing currency to lapse in the specific airplane, the 
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takeoff and landing currency may not be accomplished during passengercarrying operations.

5. PP 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 

below. 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, 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 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 abnormal situations involving passengers or crewmembers;

m. Weight and balance;

n. Performance planning;

o. Airplane's checklist; and

p. Differences in type.

6. PP 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 following 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 
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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 B-25 for PP:

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 & 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;

(iii) 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 & Abnormal Procedures, including—

(i) Powerplant;

(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 flight control system, electronic flight instrument system, and related 

systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti-ice & deice system; and

(xi) Airplane & personal emergency equipment;

g. Emergency Procedures, including—

(i) In-flight fire & smoke removal;

(ii) Rapid decompression (as appropriate and if equipped with a pressurization system);
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(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. PP must develop and maintain a written B-25, as appropriate, qualification and 

recurrent flight training programs for its SIC 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, as appropriate,

for PP:

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 three 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. Familiarization with the airplane flight manual, placards, and markings.

8. PP 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 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 competency check will consist of the appropriate maneuvers and 

procedures currently required for the original issuance of the commercial pilot 

certificate. The FAA’s Fort Worth Flight Standards District Office (FSDO) - 13601 

North Freeway, Suite 100, Fort Worth, Texas 76177, (817) 491–5000, will determine 

what maneuvers and procedures are critical, such as preflight preparation, ground 

operations, takeoffs and departures, 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 exemption. However, satisfactory completion of the 

check required by this exemption within the preceding 12 calendar months may be 

substituted for recurrent flight training.
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10. PP 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 Fort Worth 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 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. Location 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 identification 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 

pilot’s signature will serve as a verification of having received each session of 

testing.

11. When requested, the PP’s pilot qualification and recurrent ground- and flight-training 

programs and/or records listed in conditions 5, 6, 7, and 10 must be made available to 

the Fort Worth FSDO.

12. PP 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.
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13. PP will maintain the following information and records and will make those records 

available for review to the FAA when requested:

m. The name of each pilot crewmember PP authorizes to conduct flight operations 

in its airplanes under the terms of this exemption;

n. Copies of each PIC’s and SIC’s pilot certificate, medical certificate, 

qualifications, and initial and recurrent training and testing documentation to 

comply with the conditions 3, 4, 8, and 10; and

o. Records of maintenance performed and maintenance inspection records to 

comply with the conditions above, as appropriate. Maintenance and inspection 

records must meet the requirements of §§ 43.9, 43.11, and 91.405.

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

authorized under this exemption, PP will inform that person that its airplane holds

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 from the requirements of §§ 91.315, 119.5(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 

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 and 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;

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 FAA; and

ii. Airplane’s inspection and maintenance requirements are in compliance 

with the applicable Federal Aviation Regulations.

15. PP must notify the Fort Worth FSDO within 24 hours of any of the following 

occurrences by written report, by electronic mail, or by facsimile:
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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. Each exhaust system component failure, including the turbocharger 

component, that causes damage to any engine, structure, cowling, or 

components;

c. Each airplane 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;

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 governing systems or feathering systems;

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

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 surface of the earth on takeoff until it touches 

down on landing.

16. 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 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 compensation may be conducted at distances 

greater than 25 statute miles of the departure airport up to 50 statute miles with 

concurrence of the FAA FSDO having geographic responsibility for the 
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aviation event. For such flights, landings are only permitted 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 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-carrying 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. 

17. No persons other than the assigned flight crewmembers 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 airplane’s weight and balance limitations and number of approved 

seats in the airplane.

19. All airplanes 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. PP must hold and continue to hold a determination 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. PP must notify the Fort Worth 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 operations under the terms of this 

grant of exemption, PP 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. The PIC is prohibited from performing aerobatic flight while passengers are onboard 

the aircraft. 

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

(i.e., formation flying) is prohibited.
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25. 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).

26. No persons other than the assigned flight crewmembers may be permitted to 

manipulate the flight controls during flight operations.

27. PP 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 of this exemption.

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. 9931.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9931, as amended, to 

August 31, 2015 unless sooner superseded or rescinded. 

Sincerely,

//s//

Michael J. Zenkovich

Acting Deputy Director, Flight Standards

Service