AFS
- 14
- 155
- E

April 29, 2014 Exemption No. 9705D Regulatory

Docket No. FAA
- 2008
- 0479 Mr. Dana Dorsey Chief Pilot American Aeronautical Foundation 8501 I dyllwild Street Ventura , CA 93004 Dear Mr. Dorsey : This letter is to inform you that we have granted your petition to extend Exemption No. 9705 , as amended . It explains the basis for our decision , desc ribes its effect, and lists the conditions and limitations. **The Basis for Our Decision**  By letter dated February

5, 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf of American Aeronautical Foundation ( AAF ) for an extension of Exemption No. 9705 , as amended. That exemption from §§ 91.315, 119.5(g), and 1 19.21 of Title 14, Code of Federal Regulations allows AAF to operate its B
- 25J Mitchell Bomber (B
- 25) (N30801 and serial No. 44
- 30801) for the purpose of carrying passengers on local flights for educational and historical purposes for compensation or hire
. A review of your petition reflects 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 publish ing 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 AAF
. **Our Decision** The FAA has modified the conditions and li mitations of Exemption No. 9705 C as follows:2

 Li mitation 2 was changed to include a more detailed reference to the applicable civil and military

operational, maintenance, and inspection guidance for this aircraft , to include a reference to the current app licable limited ty pe certificate
.
 Changes to Li mitation 5 and L imitation 6 provide a process should any conflict s arise between the limitations in the applicable technical guidance and the FAA
- issued operating limitations.

 A change to Li mitation 6 Re quired Training Tasks table, tasks (c) (ii) and (d) (iii) because, as previously

drafted , it may

lead the reader to the incorrect impression that an actual shutdown of a powerplant was required. This clarification is necessary since the term “simulated po werplant 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 is 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 stipulates that an actual shutdown and re
- start of a powerplant is only

required for initial PI C qualification. The FAA is also amending the exemption to include relie f from § 91.9(a), which was inadvertently omitted from the list of applicable regulations subject to relief provided by this exemption. The FAA has discovered that certain limitations prescribed as part of the special airworthiness certificate issued for experimental or limited category aircraft may

preclude AAF from conducting operations under this exemption . Adherence to those limitations is required by

pertinent parts of § 91.9(a) which prescribe that: “No person may

operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country

of registry .” T he airworthiness limitation in ques tion states no person may operate the aircraft carrying persons or property

for compensation or hire (see Operating Limitation Limited Aircraft, TB
25N, N30801, Serial No. 44
- 3081A, # 3). This limitation issued with the limited airworthiness certificate i s the only limitation from which relief from §91.9 applie s . All other airworthiness limitations continue to apply
. Therefore, the FAA finds that it is appropriate to exempt AAF from § 91.9(a) to the extent necessary to conduct operations under this exempti on. The FAA will be making these changes to all similar e xemption s as they are amended or extended. 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.3

The FAA has determined that the justification for the issuance of Exemption No. 9705 , as amended, remains valid and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I grant AAF reli ef from sections §§ 91.9(a), 91.315, 119.5(g), and 119.21 (a) of Title 14, Code of Federal Regulations (14 CFR) to operate its North American B
- 25 J (N30801 and S erial No. 44
- 30801) for the purpose of carrying passengers on local educational and historical flights for compensation or hire. **Conditions and Limitations** 1. This exemption applies only to the B
- 25 , R egistration No. N30801 and S erial No. 44
- 30801
. 2. AAF must maintain the B
- 25 in accordance with the

— a. Maintenance requirements as speci fied in the B
- 25 limited ty pe specification sheet AL
- 2, dated January 29, 2014 , as amended; b. FAA
- approved maintenance inspection program that meets the requirements of § 91.409(e), (f)(4), and (g); and c. Most current military

technical manuals for airframe, powerplant, and sy stems operational military B
- 25 in the US or the technical guidance provided under the Military Assistance Program (MAP) , thereafter
. 3. The pilot in command (PI C) for the B
- 25 must

— a. Hold at least a commercial pilot certificate with an airpl ane multiengine land rating, an airplane instrument rating, and a B
- 25 ty pe rating; b. Have completed, within the previous 12 calendar months, AAF's PI C qualification and recurrent flight and ground training program in the B
- 25 for which PI C privileges are so ught; c. Have completed, within the previous 12 calendar months, AAF's PI C proficiency check in the B
- 25 for which PI C 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 a B
- 25; 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 a B
- 25; and e. Have accomplished, within the previous 90 day s, three takeoffs and three landings to a full stop in a B
- 25 for which PI C privileges are sought. For initial PI C qualification in a B
- 25 or if the pilot has allowed his/her takeoff and landing cur rency to lapse in a B
- 25 the takeoff and landing currency may not be accomplished during passenger
- carrying operations. 4. The second in command (SI C) for the B
- 25 must

—4
a. Hold at least a commercial pilot certificate with an airplane multiengine land rating an d an airplane instrument rating; b. Have completed, within the previous 12 calendar months, AAF’s SI C qualification and recurrent flight and ground training program in a B
- 25 for which SI C privileges are sought; c. Have completed, within the previous 12 calendar months, AAF’s SI C proficiency check in a B
- 25 for which SI C 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 a B
- 25; and e. Have accomplished, within the previous 90 day s, three takeoffs and thre e landings to a full stop in a B
- 25 for which SI C privileges are sought. For initial SI C qualification in a B
- 25 or if the pilot has allowed his/her takeoff and landing currency to lapse in a B
- 25, the takeoff and landing currency may not be accomplished during passenger
- carrying operations. 5. AAF must develop and maintain a written B
- 25 qualification and recurrent ground training program for its PI Cs and SI Cs in the B
- 25 that covers the training subjects listed below. Each PI C and SI C in the B
- 25 must rec eive 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 PI C or SI C position in the B
- 25:

REQUIRED TRAI

NI NG TASKS a. General information and description of the a irplane; b. Aircraft limitations; c. Aircraft servicing; d. Airspeeds; e. Fuel sy stem; f. Electrical sy stem; g. Hydraulic sy stem; h. Engines; i. Instruments and avionics; j. L anding gear, brakes, controls, and flaps sy stems; k. P ropeller; 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

—5 A. First aid equipment and its proper use; and B. Portable fire extinguishers, with emphasis on the ty pe 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. I llness, injury , or other abnormal situations involving passengers or crewmembers; m. Weight and balance; n. Performance planning; o. Airplane's checklist; and p. Differences in ty

pe. Note: All limitations in the applicable technical guidance (i.e., FAA flight manual limitations), must be adhered to. I f any conflict arises between the limitations in the applicable technical guidance and the FAA
- issued operating limitations, the FSDO mist be contacted for additional guidance. 6. AAF must develop and maintain a written B
- 25 qualification and recurrent flight training program for its PI Cs in the B
- 25 that c overs the areas of operations and tasks, as listed in the following table of training tasks. Each PI C in the B
- 25 must successfully

accomplish this training before being assigned PI C responsibilities and duties. Each PI C in the B
- 25 must receive and succ essfully 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 a PI C position in the B
- 25 for AAF:

REQUIRED TRAI

NI NG TASKS a. Preflight Preparation: (i) Aircraft exam (oral or written); and (ii) Aircraft performance & limitations (oral or written). b. Ground Operations: (i) Preflight inspection; (ii) Cockpit resource management; (iii) Powerplant start procedures; (iv) Taxiing; and (v) Pre
- takeoff checks. c. Takeoffs & Departures: (i) Normal & crosswind takeoffs; (ii) Simulated p owerplant failure; and (iii) Rejected takeoffs. d. In - flight Maneuvers: (i) Steep turns;6 (ii) Approach to stalls; (iii) Powerplant failure; (actual shutdown and re
- start procedure for initial PI C qualification, all other powerplant failure training may be simulated); and (iv) Specific flight characteristics. e. Landings & Approaches to Landing: (i) Normal & crosswind approaches & landing; (ii) Maneuvering to a landing with a simulated powerplant failure; (iii) Rejected landing; and (iv) L anding from a no flap or a nonstandard flap approach. f. Normal & Abnormal Procedures: (i) Powerplant; (ii) Fuel sy stem; (iii) Electrical sy stem; (i v) Hydraulic sy stem; (v) Environmental & pressurization sy stem (as appropriate and if equipped); (vi) Fire detection & extinguishing system; (vii) Navigation & avionics sy stem; (viii) Automatic flight control sy stem, electronic flight instrument s ys tem, & related sy stems (as appropriate and if equipped); (ix) Flight control sy stem; (x) Anti
- ice & de
- ice sy stem ; and (xi) Aircraft & personal emergency equipment. g. Emergency

Procedures: (i) In - flight fire & smoke removal; (ii) Rapid decompression (as appropriate and if equipped with a pressurization sy stem); (iii) Emergency

descent; (iv) Ditching; and (v) Emergency

evacuation. h. Postflight Procedures: (i) After landing procedures; and (ii) Parking and securing aircraft. Note : All limitations in the applicable technical guidance (i.e., FAA flight manual limitations), must be adhered to. I f any conflict arises between the limitations in the applicable technical guidance and the FAA
- issued operating limitations, the FSDO mist b e contacted for additional guidance. 7. AAF must develop and maintain a written B
- 25 qualification and recurrent flight training program for its SI Cs in the B
- 25 that covers the areas of operations and tasks, as listed in the following table of training task s. Each SI C in the B
- 25 must successfully

accomplish this training before being assigned SI C responsibilities and7

duties. Each SI C in the B
- 25 must receive and successfully accomplish the following training within the previous 12 calendar months and be f ound to be competent and proficient in these areas prior to serving in an SI C position in the B
- 25 for AAF:

REQUIRED TRAI

NI NG TASKS a. Operational procedures applicable to the powerplant, equipment, and sy stems; b. Performance specifications and limi tations; 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. Engine
- out procedures and maneuvering with an engine out while executing the dut ies of PI C; f. Crew resource management training; and g. Familiarization with the aircraft flight manual, placards, and markings. 8. AAF may

not use a pilot nor may

any pilot serve as a pilot in any aircraft unless, since the beginning of the 12 th calen dar month before that service, 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 Van Nuy s Flight Standards District Office (FSDO) will determine what maneuvers and procedures are critica l, such as preflight preparation, ground operations, takeoffs and departures, and normal procedures, etc., and maneuvers and procedures that may be unsafe for a particular aircraft. 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. 10. AAF 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 Van Nuys FSDO. That documentation and records must contain the following information: a. Date of each training session; b. Date of each testing se ssion; 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. Lo cation where each session of ground and flight training was given; f. Lo cation where each session of ground and flight testing was given;8 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 p rovided 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 recei ved 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 AAF's pilot qualification and recurrent ground
- and flight
- training programs and/or records listed in the conditions above must be made available to the Van Nuy s FSDO, 16501 Sherman Way , Suite 330, Van Nuy s, California 91406; (818) 904
- 6291. 12. AAF must have the services of an FAA
- certifi cated airframe and powerplant mechanic or an appropriately rated repair station available at all stopovers to perform all required maintenance inspections and repairs. 13. AAF will maintain the following information and records and will make those records ava ilable for review to the FAA when requested: a. The name of each pilot crewmember AAF authorizes to conduct flight operations in its airplanes under the terms of this exemption; b. Copies of each PI C's and SI C's pilot certificate, medical certificate, qualificat ions, and initial and recurrent training and testing documentation to comply with the conditions above; and c. Records of maintenance performed and maintenance inspection records to comply with the conditions above. Maintenance and inspection records must me et the requirements of §§ 91.405, 43.9, and 43.11. 14. Before permitting a person to be carried on board its airplane for the purposes authorized under this exemption, AAF will inform that person that its airplanes hold 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:9

a. The FAA has not established nor has it approved limited category airworthiness certificated aircraft manufacturing standards. In contrast, standard category airworthiness certificated aircraft are manufactured to FAA
- approved standards, including standards addressing the design of the aircraft and life
- limited parts; b. Li mited category

airworthiness certif

icates are issued when the FAA finds the airplane

— i. Has been previously

issued a limited category ty pe certificate and the aircraft conforms to that ty pe certificate; and ii. To be in a good state of preservation and repair and is in a safe operating conditio n. c. Standard category

airworthiness certificates are issued for an aircraft when the FAA finds the

— i. Aircraft has been built and maintained in accordance with that aircraft's ty pe certification standards as established by the FAA; and ii. Aircraft's inspection and maintenance requirements are in compliance with the applicable Federal Aviation Regulations. 15. AAF must notify

the Van Nuy s FSDO within 24 hours of any of the following occurrences by

written report, by

electronic mail, or by

facsimile

— a. Each in
- flight fi re in any sy stem or area that requires activation of any fire suppression sy stem or discharge of a portable fire extinguisher; b. Each exhaust sy stem component failure, including the turbocharger components, that causes damage to any engine, structure, cowlin g, or components; c. Each airplane component or sy stem 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 sy stems or feathering sy stems; f. Any landing gear sy stem or component failures or malfunctions, which require use of emergency

or standby

extension sy stems; g. Each failure or malfunction of the wheel brake sy stems 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 fu el sy stem, tanks, pumps, or valves; j. Each malfunction, failure, or defect in any sy stem or component that requires taking emergency

action of any

ty pe during the course of any flight; or10

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 offic ial 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 three 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 aviation event. For such flights, landings are only permitted at the departure airport. Those operators utilizing aircraft certificated in the limited category are not bound by the restriction regarding the avoidance of densely populated areas or congested airway s; f. For passenger
- carrying flights greater than 25 statute miles from the departure airport and up to 50 statute miles, the PI C must obtain weather reports and forecasts prior to flight and valid f or 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 le ss 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; g. The aircraft may

only be operated from an airport that has a fire station or fire
fighting services available or within close proximity of the airport; h. Operations conducted for the purpose of dispersing human remains must comply with applicable Federal, state, and local laws and regulations governing the dispersa l of human remains ; i. When scattering human remains over water, the operator must travel at least 3 miles off the coast before scattering ashes. US Code specifies this as the minimum distance from which scattering is permitted. In addition to any other Envi ronmental Protection Agency (EPA) requirements, the operator must report the details of the scattering to the EPA Regional Office as referenced in US Code 40 CFR 229.1 ;11

j. The operator may

not release any

human remains over any private property without expres s written p ermission of the property owner; k. The operator may

not release any

human remains over or on public lands, state parks, city

parks, beaches, or lakes without the expressed permission from the appropriate governmental agency with authority

over the site ; l. Dispersal of human remains is limited to dispersing and honoring the remains of the following people: United States military veterans and immediate family of such veterans (parents, children, siblings and spouse); and m. Only essential crewmembers may be on board when scattering human remains
. 17. No persons other than the assigned flight crewmembers may be permitted on the pilot station of the airplane during flight operations. 18. A ll flight operations must carry no more than the maximum number of passenger s permitted by

the airplane's weight and balance limitations and number of approved seats in the airplane
. 19. All aircraft 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. AAF mus t 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. AAF must notify

the Van Nuy s FS DO at least 5 working day s (Monday s through Friday s) before conducting any PI C or SI C initial or recurrent qualification training and any PI C or SI C 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, AAF must notify the jurisdictional FAA FSDO where it intends to conduct the flight operations and shall provide a copy of this exemption to that juri sdictional FAA FSDO. 23. The PI C 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. 25. Prior t o flight, the PI C 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. All aircraft must have the equipment listed in §§ 91.205(b) and 91.207 and that equipment must be in an operable condition during the flight.12

28. AAF must develop a continuous analy sis and management program for all aircraft subject to this exempt ion that ensures compliance with its inspection program, training program, and conditions and limitations of this exemption. 29. This exemption is not valid for operations outside of the United States Failure to comply

with any of the conditions and limitatio ns of this grant of exemption will be grounds for the immediate suspension or revocation of Exemption No. 9705, as amended. **The Effect of Our Decision** Our decision extends the termination date of Exemption No. 9705 , as amended, to June 30, 2016 , unless s ooner superseded or rescinded. All conditions and limitations of Exemption No. 9705 , as amended, remain the same. This letter must be attached to, and is a part of, Exemption No. 9705
. Sincerely , //s// John Barbagallo Acting Deputy

Director Flight St andards Service