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## T H E C O L L I N G S F O U N D A T I O N

P . O. Box 24 8, 1 37 Ba r t on Roa d , St ow, M A 01 7 7 5

`



### John W. McGraw

, Acting Director

Flights Standards Servic e

Federal Aviation Administration

800 Independence Ave.

Washington, DC. 20591

June 1 6 , 2010

Dear Acting Director McGraw

,

To follow up on certain issues that were discussed during the meetin g on May 13

, 2010

chaired by Mr. Me l Cintron

, we submit the following suggestions and comments in connection

with exemption 6540J issued over your signature May 7

, 2010

.

For eas e of reference the comments will follow the numbered paragraphs of that

exemption letter

.

A. Paragraph 11 (e)

. “ H ave accomplished within the previous 90 days, three takeoffs and

landing to a full stop in each aircraft for which PIC privileges are sought

. ” The FAR s only

add ress the need for full stop landings for tail wheel equipped aircraft, therefore the “ to a full

stop ” should be removed or have “if applicable” added.

B. Paragraph 29

. As referenced in this paragraph of the e xemption

, t he Fi

- 156 is based in

N orth Florida, not Houston. N156FC has its operating limitations and ai rworthiness issued by the

N orth Fl orida FSDO

.

C. Paragraph 33

. I believe the language of 33 (d) needs to be clarified to include the words

“during flight” so as to read “ each occurring of engine shutdo w n of propeller feat hering during

flight ”. Otherwise we would need to notify the FAA every time we shut down the engine/s once

on the ground sinc e it does not state “in flight

. ”

D. Paragraph 34 h. “Operations of the F

- 4 and A

- 4 are only permitted at airports with

airport with operational arresting systems”.

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### DISCUSSION

 There are no known FAR’s with regards to arresting gear.

 F.R. Vol. 72 No. 194 section 15 c. references passenger training equivalent to DoD

familiarization flights. Since there is no FAR referencing this subject the policy should be

based on DoD policy as it is for training for familiarization flights.

 US Navy and Navy Training Command (Cinatra) does not require arresting gear for the

TA

- 4 on land operations.

 With regards to the TA

- 4

o Utility hydraulic failure causes loss of spoiler s, flaps and speed brakes, but gear

can be extended and brakes are not lost . Safe runway distance is 7000ft under this

scenario.

o CF policy requires minimum runway requirement within divert distance of 7000ft

for a Utility failure divert.

 USAF Air Combat Command (ACC) criteria for the QF

- 4, Thunderbirds, Demo Teams,

etc is:

o <7,000 ft runway with arrestor gear. No arrestor gear required above 7,001 ft.

runway length.

o CF uses the following criteria:

o Minimum runway length 7,000ft

If no arrestor gear at prim ary airport or runway less than 9,000ft:

o runway with arrestor gear within divert distance.

or

o 9,000 ft runway without arrestor gear within divert distance.

The above CF minimums are the same or greater than for military fa miliarization

flights. Therefore we feel it is not necessary to include arrestor gear criteria in the

exemption.

 No other exemptions have ever contained runway criteria for aircraft like the B

- 29 that

have special requirements. There are currently tailhoo k equipped aircraft flying with

exemption letters and there is no requirement for these aircraft to be operated at airfields

with arrestor gear. Therefore, this goes against FAA precedent.

 F.R. Vol. 72 No. 194 does not call for any special runway criteri a or arrestor gear with

regards to jets or any type of aircraft.

E. Par agraph 35. “... [ T ] he PIC is prohibited from performing aerobatic flights while

passengers are aboard the aircraft

. ”

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### DISCUSSION

 Precedent : No other FAA issued Exemption Letter has had this provision,

including the most recent letters for the Commemorative Air Force, Cavanaugh Flight

Museum, and Indiana Aviation Museum. All of these organizations operate ae robatic

capable aircraft including P

- 51’s F4U’s T

- 28’s etc that offer aerobatic flights. The most

recent Exemption letters for these organizations were provided to the FAA during the

meeting.

 It was stated by the FAA that the provision was added to comply with 91.146. We

believe that this is an incorrect interpretation of the law. It is important to note that we are

exempt from 91.315, 91.319 (a)(2), 119.5 (g) and 119.21 (a), not 91.146 since it is not

applicable to our operation.

 72 F.R. 57197 section 7

. “Exemption will be issued for the sole purpose of

providing living history flights to promote aviation and preserve historic aircraft. The

operations authorized under these exemptions are specifically not air tour, sightseeing,

or air carrier operations”

. The F.R. Vol. 72 No. 29 outlines FAR 91.146 on February

13, 2007. Exemption Policy is outlined in F.R. Vol. 72 No. 194 on October 9, 2007,

almost 8 months latter. Therefore, the above statement was made in full knowledge of

91.146 and clearly outlines th at 91.146 is not FAA policy for exemptions.

 Nowhere in the F.R. Vol. 72 No. 194 does it state that aircraft are prohibited from

aerobatic flight. In fact it states in section 16. “Passengers must be fully informed of the

risks associated with the proposed rides, and that occupying a seat in these aircraft may

subject the rider to a high level of risk”. If it is felt by the FAA that aerobatic flight is a

risk then, it is clearly outlined in the F.R. how the operator should handle it.

 Collings Foundation is exempt from 91.315 and 91.319 (a)(2) to allow Limited of

Experimental aircraft from carrying passengers or cargo for compensation or hire.

Nowhere in Part 91 does it prohibit these Limited or Experimental aircraft from

performing aerobatics. CF complies w ith 91.303 for aerobatic flight. 91.146 is

specifically for Standard category aircraft with low time Private Pilots. 6540J should be

amended to remove Section 35 since i t does not c orrectly interpret the law and follow

precedent

.

 Incorrect interpretation of law or regulation : 91.146 is for passenger carrying

flights for the benefit of a charitable, nonprofit of community event. However FAR

91.146 (in italics) differs from Exemption Letters in several key areas including:

(1) The flight is nonstop and b egins and ends at the same airport and is conducted

within a 25

- statute mile radius of that airport.

6540J allows flights to go up to 50nm radius if certain conditions are met

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### (3) The airplane or helicopter has a maximum of 30 seats, excluding each

crewm ember seat, and a maximum payload capacity of 7,500 pounds.

Most aircraft operat ing with an Exemption Letter as well as aircraft operating

under 6540J have a maximum payload capacity well in excess of 7500 pounds.

(5) Each airplane or helicopter holds a standard airworthiness certifica te, is

airworthy, and is operated in compliance with the applicable requirements of

subpart E of this part.

Exemptions are to allow non

- standard category aircr aft to offer flight experiences.

Additionally Exemption letters spell out the criteria for m aintenance for all

applicable exemption aircraft as follows:

5. Collings must maintain its F

- 4 in accordance with the:

a. Maintenance requirements as specified in its F

- 4 operating limitations, as amended;

b. FAA

- approved maintenance inspec tion program that meets the requirements of

§ 91.409(e), (f)(4), and (g);

c. F

- 4 military technical manuals, and

d. All aircraft systems and components must be maintained in accordance with

manufacturers and US government inspection, maintenance, overhaul, and life limits.



### (6) Each flight is made during day VFR conditions.

In 91.155 VFR can be 1000ft/3mi or as little as 1mi and clear of clouds,

Exemptions specifically call for 1500ft/3mi.

(9) A private pilot acting as pilot in command has at l east 500 hours of flight

time.

Pilot criteri a for Exemption Letter flights are much more stringent since PIC s

must be commercial multiengine instrument with 2,500hrs total time. Pilot

qualifications are outlined:

11. The pilot in command (PIC) for t he F

- 4, and A

- 4 must:

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

rating, an airplane instrument rating, and the appropriate experimental aircraft

authorization;

b. Have completed within the previous 12 calen dar months, Collings’ PIC

qualification and recurrent flight and ground training program in each aircraft for

which PIC privileges are sought;

c. Have completed within the previous 12 calendar months, Collings’ PIC

proficiency check in each aircraft f or 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 airplane and 25 hours

in the specific aircraft; or have at least a total o f 1,000 hours of aeronautical flight

experience, 200 hours of aeronautical flight experience in a multiengine land airplanes,

and 100 hours and 50 takeoffs and 50 landings in the specific aircraft; and

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

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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 currency to lapse in the specific aircraf t, the takeoff and landing currency may

not be accomplished during passenger

- carrying operations.



### (11) Flights are not conducted over a national park, unit of a national park, or

abutting tribal lands, unless the operator has secured a letter of agreement from

the FAA, as specified under subpart B of part 136 of this chapter, and is

operating in accordance with that agreement during the flights.

No limitation with Exemption Letters.

(c) (1) Passenger

- carrying flights or series of flights are limited to a total of four

charitable events or non

-

profit events per year, with no event lasting more than

three consecutive days.

No limitation with Exemption Letters.

(2) Passenger

- carrying flights or series of flights are limited to one community

event per year

, with no event lasting more than three consecutive days.

No limitation with Exemption Letters.

(d) Pilots and sponsors of events described in this section are limited to no more

than 4 events per calendar year.

No limitation with Exemption Letters.

(e ) At least seven days before the event, each sponsor of an event described in this

section must furnish to the FAA Flight Standards District Office with jurisdiction

over the geographical area where the event is scheduled:

Exemptions 6540J spells out 72hr s not 7 days:

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

grant of exemption, Collings must notify the jurisdictional FAA FSDO where it intends

t o conduct the flight operations and shall provide a copy of this exemption to that

jurisdictional FAA FSDO



### .

(2) A photocopy of each pilot in command's pilot certificate, medical certificate,

and logbook entries that show the pilot is current in accordance with §§61.56 and

61.57 of this chapter and that any pri vate pilot has at least 500 hours of flight

time; and

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### Pilots operating under the Exemption Lette rs are required to have Ground

I nstruction, Flight Instruction, and Flight Check Rides. The level of training far

exceeds 91.146. Training and Checkrides as ou tlined in 6540J:

17. Collings must develop and maintain written F

- 4 and A

- 4 qualification and recurrent

ground training programs for its PICs in the F

- 4 and A

- 4 that cover the training subjects listed

below. Each PIC in the F

- 4 and A

- 4 must receive t he 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 in the F

- 4 and A

- 4:



### Exemption Letters like 6540J and 91.146 have virtually nothing in common. FA R

91.146 essentially is to allow non

- commercially rated pilots to fly flights for

compensation or hire, vastly different from the high pilot requirements for 6540J.

The criteria for pilots and training are vastly different. Aircraft types, registration

cat egories, procedures, number of events and mandatory FAA reporting are also

completely different. It is an incorrect interpretation to pick an aspect of 91.146

that has no bearing to our operation and apply it to 6540J. The fact that the

Federal Register ad dresses the issue clarifies that 91.146 has no bearing on the

exemptions.

Furt hermore, there are no other FAR s prohibiting this type of operation. Also,

there is long standing precedent that this provision has not ever been part of any

exemption letter fo r organizations that operate aerobatic capable aircraft. If this

precedent for allowing aerobatic flight is overturned it will cause great harm to

many major organizations that currently fly aerobatic flights in several aircraft

under their exemption lette rs. Therefore section 35 “ The PIC is prohibited from

performing aerobatic flights while passengers are aboard the aircraft ” should be

removed from 6540J.

F. Paragraph 36. Allow PIC or a trained and authorized crewmember conduct passenger

briefi ngs in accordance with 135.117.

G. Paragraph 38

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

to manipulate the flight controls during flight operations”.

DISCUSSION

 Collings Foundation is exempt from 91.315 and 91.319 (a)(2) to allow Limited or

Experimental category aircraft from carrying passengers or cargo for compensation or

hire. Nowhere in Part 91 does it prohibit these Limited or Experimental aircraft from

allowing a passenger to manipulate the controls, not flight training, unless other

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### passengers are carried. Manipulation of flight controls is a basic ability that all pilots

flying under part 91 have extended to passengers to share the joys of flight and does not

constitute flight training. The C ollings F oundation does not advocate nor is it asking for

the ability to give “stick time” on a B

- 24 or B

- 17 (multi pax aircraft) during an e xemption

flight. A passenger should not b e able to manipulate the controls unless he/she is the only

passenger on board (two person aircraft) and does not occupy the pilot station as outlined

in 6540J Section 37(i.e. aircraft requiring a PIC and SIC). 6540J section 38 should be

removed since it d oes not correctly interpreted the law and follow precedent.

 72 F.R. 57197 does not state in any section that a passenger cannot manipulate the

controls. In fact since the flight are for living history, not sightseeing as outline d therein

. The use of the controls, provided it is not at the pilot station, would be an essential part of

the experience.

 The application of this policy is not in line with current FAR s and would destroy gre at

programs like “Young Eagles

, ” where it would be argued by Inspect ors in the field that

the flights were for compensation or hire since the pilots receive “goodwill

. ”

 Precedent : No other FAA issued Exemption Letter has had this provision, including the

most recent letters for the Commemorative Air Force, Cavanaugh Flig ht Museum, and

EAA. All of these organizations operate dual control aircraft including T

- 28’s, T

- 6’s, PT

22’s and Ryan NYP etc. The most recent Exemption letters for these organizations were

provided to the FAA during the meeting.

Section 38 is not in line with any current FAR since it is not defined as flight training, but

manipulating the controls. Nowhere in the F.R. does it prohibit this from taking place.

Application of this as an FAA policy would have a devastating impact on many great

p rograms

. Also, there is long standing precedent that this provision has not ever been part

of any exemption letter for organizations that operate dual control aircraft that do not

require an SIC. If this precedent for allowing manipula tion of the flight controls is

overturned it will cause great harm to many major organizations that currently fly

experience flights in several types of dual control aircraft under their exemption letters

that a llow this. Therefore section 3 8 should be rem oved , and all in all respects, from

6540J.

I look forward to resolving these issues with you.

Warmest Regards,

/s/

Rob Collings

Executive Director

The Collings Foundation