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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 Service

Federal Aviation Administration

800 Independence Ave.

Washington, DC. 20591

June 16, 2010

Dear Acting Director McGraw,

To follow up on certain issues that were discussed during the meeting on May 13, 2010

chaired by Mr. Mel Cintron, we submit the following suggestions and comments in connection 

with exemption 6540J issued over your signature May 7, 2010.

For ease of reference the comments will follow the numbered paragraphs of that 

exemption letter. 

A. Paragraph 11 (e). “Have accomplished within the previous 90 days, three takeoffs and 

landing to a full stop in each aircraft for which PIC privileges are sought.” The FARs only 

address 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 exemption, the Fi-156 is based in 

North Florida, not Houston. N156FC has its operating limitations and airworthiness issued by the 

North Florida 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 shutdown of propeller feathering during 

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

on the ground since 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 spoilers, 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 primary 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 familiarization 

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 tailhook 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 criteria or arrestor gear with 

regards to jets or any type of aircraft. 

E. Paragraph 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 aerobatic 

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 that 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 with 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 it does not correctly 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 begins 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 

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

Most aircraft operating 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 certificate, is 

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

subpart E of this part.

Exemptions are to allow non-standard category aircraft to offer flight experiences. 

Additionally Exemption letters spell out the criteria for maintenance 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 inspection 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 least 500 hours of flight 

time.

Pilot criteria for Exemption Letter flights are much more stringent since PICs 

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

qualifications are outlined:

11. The pilot in command (PIC) for the 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 calendar 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 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 airplane and 25 hours

in the specific aircraft; or have at least a total of 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 aircraft, 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 72hrs 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

to 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 private pilot has at least 500 hours of flight 

time; and
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Pilots operating under the Exemption Letters are required to have Ground 

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

exceeds 91.146. Training and Checkrides as outlined 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 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 in the F-4 and A-4:

Exemption Letters like 6540J and 91.146 have virtually nothing in common. FAR 

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 

categories, 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 addresses the issue clarifies that 91.146 has no bearing on the 

exemptions. 

Furthermore, there are no other FARs prohibiting this type of operation. Also, 

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

exemption letter for 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 letters. 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 

briefings 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 Collings Foundation 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 exemption 

flight. A passenger should not be 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 does 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 outlined 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 FARs and would destroy great 

programs like “Young Eagles,” where it would be argued by Inspectors 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 Flight Museum, and 

EAA. All of these organizations operate dual control aircraft including T-28’s, T-6’s, PT22’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 

programs. 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 manipulation 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 allow this. Therefore section 38 should be removed, 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