AFS-16-4059-E

August 25, 2016

 Exemption No. 11073A

 Regulatory Docket No. FAA-2012-0505

Mr. Carl W. Scholl

President

AERO TRADER

7000 Merrill Avenue

Chino, CA 91710

Dear Mr. Scholl:

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

11073. It transmits our decision, explains its basis, and gives you the conditions and 

limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated May 4, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the AERO TRADER for an extension of Exemption No. 11073. That exemption 

from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) allows AERO TRADER to 

conduct initial and recurrent training in its North American B-25 (limited category) for 

compensation or hire.

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 AERO TRADER.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11073

remains valid with respect to this exemption 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 
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has delegated to me, I grant AERO TRADER an exemption from 14 CFR § 91.315 to the 

extent necessary to allow AERO TRADER to provide initial and recurrent training in its B-25 

airplane certificated as limited category civil aircraft, subject to the following conditions and 

limitations.

Conditions and Limitations

1. This exemption applies only to the aircraft listed below. This aircraft, when used for 

flight instruction under this exemption, must be in the operational control of AERO 

TRADER.

a. North American B-25 Mitchell, N9856C;

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, rating, or 

authorization.

3. Persons 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-25 must meet the second-in-command (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 holder 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 this exemption for each aircraft. 

b. A description of operational limitations for the aircraft used for flight training 

under this exemption.

c. A requirement that pilots receiving instruction under this exemption must log 

the flight time in a pilot logbook or training record. Each entry must cite the 

appropriate AERO TRADER syllabus and lesson taught during that flight.

d. The training manual must identify the name and contact information for the 

individual acting as chief instructor for AERO TRADER’s operations under 

this exemption. The individual named as chief instructor must meet all the 

following qualifications:

i. Hold a commercial pilot certificate or airline transport pilot certificate 

with instrument, category, and class ratings for the aircraft operated 

under this exemption. 

ii. Hold a certificated flight instructor (CFI) certificate with appropriate 

category and class ratings.
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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 AERO TRADER training manual, and

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

exemption.

6. AERO TRADER must maintain its B-25 in accordance with the:

a. Maintenance requirements as specified in its B-25 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-25 military technical manuals.

7. The person providing instruction in the B-25 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 B-25; 25 takeoffs and 25 landings in the

B-25; and

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

landings to a full stop in the B-25, as applicable. 

9. AERO TRADER must inform anyone receiving flight instruction under this 

exemption that 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 requirements 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 

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. Limited category airworthiness certificated aircraft are issued when the FAA 

finds the aircraft—
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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 is 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 established by the FAA; and

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

with the applicable Federal Aviation Regulations.

10. The exemption holder must notify the Riverside Filight Standards District Office 

(FSDO), 6961 Flight Road, Riverside, CA 92504, (951) 276-6701 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;

iv. Any landing gear system or component failures 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-flight or ground occurrences:

i. Each exhaust system component failure, 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 systems; 

and

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

or corrosion and the method of repair.

11. 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 flight is conducted under instrumental flight rule (IFR) 

or special visual flight rule (VFR).

12. No other persons may be permitted aboard the aircraft during flight operations, except 

for the following:

a. The person acting as flight instructor;

b. The person who possesses 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/Limitation No. 12(b). Observers may be either a trainee (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. 

13. The 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.

14. 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 exemption.
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The Effect of Our Decision

This exemption terminates on September 30, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service