AFS

- 13

- 011

- E January 30, 2013

Exemption No. 10205A Regulatory Docket No. FAA

- 20 11

- 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 petition to extend Exemption
No. 10205 . It explains the basis for our decision , describes its effect, and lists the conditions
and limitations.

The Basis for Our Decision

B y letter dated October 9, 2012 , you petitioned the Federal Aviation Administration (FAA) on
behalf of Texas Aviation Hall of Fame (TAHF) for an extension of Exemption No. 10205 , as amended. That exemption from § 91.315 of Title 14, Code of Federal Regulat ions (14 CFR) allows TAHF to conduct pilot training flights in Boeing B

- 17 Flying Fortress (N900RW),
North American B

- 25 Mitchell (N333RW)

, and North American TF

- 51 Mustang (N4151D) for compensation or hire

.

In your petition, you indicate that there has b een 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 TAHF

.2

Our Decision
The FAA has modified and supplemented the conditions a nd limitations of Exemption
No. 10205 to better define the intent and add more oversight functions. 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 necess itate 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. 1 was added to describe which specific aircraft are covered by the exemption.

Limitation No s . 2 and 3 w ere added to define the activity permitted under this exemption, and to define requirements for persons receiving flight instruction in the aircraft identified in
Limitation No. 1.

The training syllabus and chief instructor requirements identified in Limitation No s

. 4 and 5 will allow the FAA to be aware of the scope of the training activity under the exemption, and will add some assurances about the qualifications of the chief instructor employed by TAHF

.

Limitation Nos. 6 through 1 5 originate with the FAA’s findings in Exemption No. 10492

, issued to TAHF on March 30, 2012 for certain educational and historical flights operated for compensation or hire. They address pilot qualifications, airworthiness sta ndards for the B

- 17,
B

- 2 5 , and TF

- 51 , and operational guidelines. We find that these limitations should also apply to the relief we are granting in this exemption.

The FAA has determined that the justification for the issuance of Exemption No. 10205

re mains 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 delegat ed to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption applies only to the aircraft listed belo w. All of these aircraft, when used for flight instruction under this exemption, must be in the operational control
of TAHF

.

a. Boeing B

- 17 Flying Fortress, N 900 RW ;

b. North American B

- 25 Mitchell, N 333RW ; and

c. North American TF

- 51 Mustang, N 4151D

.

2. The privileges of this exemption are limited to flight training intended for the purpose of recurrent pilot training

, proficiency, or training for an FAA certificate

, rati ng , or authorization

.3

3. P ersons receiving flight training under this exemption must hold at least a private pilot certificate with applicable category and class ratings. Persons receiving flight
instruction in the B

- 17 or B

- 25 must meet the second

- in

- comma nd (SIC) requirements of § 61.55.

4. The privileges of this exemption may only be exercised under the auspices of a training manual that identifies specific syllabi for all ground and flight training activities conducted for each aircraft. The exemption ho lder must provide all students with a copy of the appropriate syllabi prior to conducting training. The training manual must also contain the following information:

a. A syllabus of each training activity under t his exemption for each aircraft;

b. A descripti on of operational limitations for each aircraft used for flight training under this exemption ;

c. A requirement that p ilots receiving instruction under this exemption must log
the flight time in a pilot logbook or training record . Each entry must cite the

ap propriate TAHF syllabus and lesson taught during that flight ; and

d. The t raining manual must identify the name and contact information for the
individual acting as chief instructor for TAHF operations under this exemption.
The individual named as chief inst ructor must meet all the following qualifications:

i. Hold a commercial pilot certificate or airline transport pilot certificate with instrument, category, and class ratings for all aircraft operated under this exemption ; and

ii. Hold a certificated flight inst ructor ( CFI ) certificate with appropriate category and class ratings.

5. The following documents must be provided by the exemption holder to the Flight
Standards District Office ( FSDO ) with geographic responsibility for the airport where flight training will be conducted, and must be provided to any representative of the FAA Administrator upon request:

a. A copy of the current exemption;

b. A copy of the TAHF training manual, and;

c. The qualifications of each instructor conducting training under the terms of the

exem ption.

6. TAHF must maintain its B

- 17 in accordance with the:

a. Maintenance requirements as specified in the B

- 17 type specification sheet, as amended;4

b. FAA

- approved maintenance inspection program that meets the requirements of § § 91.409(e), (f)(4), and (g); an d

c. B

- 17 military technical manuals.

7. TAHF must maintain its B

- 2 5 in accordance with the:

a. Maintenance requirements as specified in its B

- 2 5 operating limitations, as amended;

b. FAA

- approved maintenance inspection program that meets the scope and
content of § § 91.409(e), (f)(4), and (g) ; and

c. B

- 2 5 military technical manuals.

8. TAHF must maintain its TF

- 51 in accordance with the:

a. Maintenance requirements as specified in its TF

- 51 operating limitations, as amended;

b. FAA

- approved maintenance inspection program that m eets the requirements of § § 91.409(a) and (b); and

c. TF

- 51 military technical manuals.

9. The person providing instruction in the B

- 17 and B

- 2 5 must:

a. Hold at least a commercial pilot certificate with an aircraft multiengine land rating, an airplane instrument rating, the appropriate type rating , and CFI certificate with airplane multiengine rating ;

b. Have at least a total of 1 ,500 hours of aeronautical flight experience, including
25 hours as pilot

- in

- command in the type aircraft; 25 takeoffs and 25 landings
in t he type aircraft; and

c. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the B

- 17 or B

- 25, as applicable

.

10. The person providing instruction in the TF

- 51 must:

a. Hold at least a commercial pilot certificate wit h an air plane single

- engine land rating and CFI certificate with airplane single

- engine rating ;

b. Have at least a total of 1 ,500 hours of aeronautical flight experience, including
25 hours as pilot

- in

- command in the P

- 51 or TF

- 51 aircraft ; 25 takeoffs and 2 5 landings in a P

- 51 or TF

- 51 ; and h ave accomplished within the previous 90 days, three takeoffs and three landings to a full stop in any P

- 5 1 or TF

- 51
aircraft

.5

11. The exemption holder must inform anyone receiving flight instruction under this exemption th at its aircraft 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 requiremen ts of § 91.315. 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

a irworthiness 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 certificated aircraft are issued when the FAA
finds the aircraft

—
i. Has been previously issued a limited category type certificate and the aircraft conforms to that type certificate; and

ii. To be in a good state of preservation and repair and i s in a safe operating condition.

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 type certification standards as establish ed by the FAA; and

ii. Aircraft’s inspection and maintenance requirements are in compliance with the applicable Federal Aviation Regulations

.

12. The exemption holder must notify the jurisdictional FSDO by written report, electronic mail, or facsimile, of any of the following occurrences within 24 hours. For the purpose of this section, “during flight” or “in

- flight” means the period from
the moment the aircraft leaves the surface of the earth on takeoff until it touches down on landing.

a. Any of the following in

- flight occurrences:

i. Each in

- flight fire in any system or area that requires activation of any fire suppression system or discharge of a portable fire extinguisher;

ii. Each aircraft 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;

iii. Except for training, each occurrence of in

- flight engine shutdown or propeller feathering and the reason for such shutdown or feathering;6

iv. Any landing gear system or component failure s or malfunctions, which require use of emergency or standby extension systems; and

v. Each malfunction, failure, or defect in any system or component that requires taking emergency action of any type during the course of any flight

. b. Any of the following in

- f light or ground occurrences:

i. Each exhaust system component fail ure, including the turbocharger or supercharger components, that causes damage to any engine, structure, cowling, or components;

ii. Each failure of the propeller governing systems or feathering sy stems; and

iii. Each failure or malfunction of the fuel system, tanks, pumps, or valves

.

c. Each failure or malfunction of the wheel brake system that causes loss of brake control on the ground; and,

d. Each aircraft structure that requires major repair due to damag e, deformation,

or corrosion and the method of repair.

13. All flight operations must be conducted with a minimum flight visibility of not less than three statute miles and a minimum ceiling of not less than 1,500 feet above ground level (AGL), unless the flig ht is conducted under instrument flight rule s (IFR) or special visual flight rule s (VFR).

14. No other persons may be permitted aboard the aircraft during flight operations

, except for the following:

a. T he person acting as flight instructor;

b. The person who posse sses at least a private pilot certificate with appropriate category and class ratings receiving flight instruction; and

c. Up to two additional people acting as pilot

- trainees who meet the requirements
of Condition No. 1 4 (b). Observers may be either a traine e (who is also enrolled in a course identified in the training manual for the same aircraft) or an employee of the exemption holder performing an official function such as instructional oversight.

15. All aircraft must have the equipment listed in § 91.205 ( as applicable to the operation being conducted) and § 91.207

, and that equipment must be in an operable condition during the flight.7

16. 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 this

e xemption

.

The Effect of Our Decision
Our decision extends the termination date of Exemption No. 10205 to February 2 8 , 2015, unless sooner superseded or rescinded.

Sincerely,

/s/
John M. Allen Director, Flight Standards Service