Exemption No. 10407

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

FLYING FIREMAN, INC. Regulatory Docket No. FAA-2011-1032

for an exemption from § 91.313(a) and (e) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated September 19, 2011, Mr. Noel Rude, President, Flying Fireman, Inc. (FF),

26117 34 th Avenue East, Spanaway, Washington 98387 petitioned the Federal Aviation Administration (FAA) on behalf of FF for an exemption from § 91.313(a) and(e) of Title 14, Code of Federal Regulations (14 CFR). Th e proposed exemption, if granted, would allow operation of a restricted category aircraft in airshows or publicly recognized and Government/industry-sponsored events. Additionally, the proposed exemption, if granted, would allow FF to reposition N85U to and from airshows or publicly recognized and Government/industry-sponsored events over densely populated areas, in a congested airway, or near busy airports where passenger transport operations are conducted.

The petitioner requests relief from the following regulations:

Section 91.313(a) prescribes, in pertinent part, that (a) No person may operate a restricted category civil aircraft – (1) for other than the special purpose for which it is certificated; or (2) in an operation other than one necessary to accomplish the work activity directly associated with that special purpose.

Section 91.313(e) prescribes, in pertinent part, that (e) Except when operating in accordance with the terms and conditions of a certificate of waiver or special operating limitations issued by the Administrator, no person may operate a restricted category civil aircraft within the United States— (1) Over a densely populated area; (2) In a congested airway; or (3) Near a busy airport where passenger transport operations are

conducted.

AFS-11-464-E2

The petitioner supports its request with the following information:

The petitioner states it is certificated under part 137 and operates a PBY-6A (N85U), which holds a restricted type certificate for forest a nd wildlife conservation. The PBY is a historical aircraft which has previously been requested to partake in airshows and special events honoring World War II veterans.

(1) How the request would benefit the public as a whole:

Because of its aviation history, the petitioner states that participation in airshows and historic events would provide veterans with a glimpse into the past and encourage them to tell their stories to their children, grandchildren, and great grandchildren, keeping their memories alive. In addition, participation in such events would allow all aviation students and enthusiasts to see one of the few PBY still actively flying in the world today and get a better understanding of its place in history.

(2) Safety considerations, cited by the petitioner, that would allow them to not adversely affect safety:

 The modifications to N85U for firefighting do not impact the performance or flight

characteristics of the aircraft.

 N85U is maintained and current on an FAA-Approved Aircraft Inspection Program (AAIP) maintenance program in accordance with § 91.409(f)(4). This program was last approved on September 21, 2010.

 N85U is equipped for part 91 instrument flight rules ( IFR) flight conditions and will be operated in accordance with applicable part 91 flight rules.

A summary of the petition was published in the Federal Register on September 29, 2011 (76 FR 60582). No comments were received.

The FAA’s analysis is as follows:

The FAA finds that there are three main factors that are pertinent to this petitioner not adversely affecting safety. Those factors relate to the:

(1) Special purpose of this restricted category aircraft;

(2) Operating over a densely populated area, in a congested airway, or near a busy airport where passenger transport operations are conducted; and

(3) How this aircraft is maintained.3

(1) Special purpose of this restricted category aircraft. If the petitioner chose to surrender the ability to conduct forest and wildlife conservation as a restricted category aircraft, N85U would be eligible for an experimental cate gory airworthiness certificate. Other former military aircraft, in the experimental category, have been granted exemptions from § 91.319 to allow for activities that include more than just participation and display at airshows or recognized Government and industry-sponsored events. Some of these exemptions also include the carriage of passengers for compensation or hire.

The following is a partial list of organizati ons representing the Living History Flight Experience (LHFE) that have been granted exemption from pertinent parts of § 91.319:

Army Aviation Heritage Foundation Exemption Number: 10012 Cavanaugh Flight Museum Exemption Number: 9902B Collings Foundation Exemption Number: 6540L

Commemorative Air Force Exemption Number: 6802J Warbird Museum of Virginia Exemption Number: 10021

On March 23, 2011, the FAA issued a policy statement in the Federal Register entitled “Moratorium on New Exemptions for Passenger Carrying Operations Conducted for Compensation and Hire in Other Than Standa rd Category Aircraft” (76 FR 16239). This policy statement deals only with the carri age of passengers on LHFE flights. The petitioner’s request is for the movement and operation of the aircraft, does not include the carriage of passengers and, as a result, would not fall into the purview of the moratorium.

(2) Operating over a densely populated area, in a congested airway, or near a busy airport where passenger transport operations are conducted. The petitioner has demonstrated that it has not adversely affected safety while operating in the areas described in § 91.313(e).

The petitioner currently possesses a waiver from § 91.313(e) that allows them to reposition N85U over a densely populated area, in a congested airway, or near a busy airport where passenger transport operations are conducted for the special purpose of forest and wildlife conservation. Searches of FAA databases show no accidents, incidents, or enforcements that would allude to a safety concern for this petitioner to safely operate the aircraft. As a result, the petitioner has demonstrated that it has not adversely affected safety while operating in accordance with its current waiver to § 91.313(e).

The petitioner is now requesting to reposition N85U over a densely populated area, in a congested airway, or near a busy airport where passenger transport operations are conducted but with a different special purpose. That different special purpose is participation and static display of a historically significant airplane at airshows or publically recognized and Government/industry-sponsored events.4

(3) How this specific aircraft is maintained. The petitioner states that N85U is maintained in

accordance with an FAA AAIP.

An AAIP is a program that is typically seen in operations conducted under parts 121, 135, and 91 subpart K. Operations under these parts are held to a very high safety standard because they deal with carrying passengers and or property for compensation or hire. Additionally, each AAIP is individually analyzed and approved by the FAA.

On October 3, 2011, the Seattle Flight Standa rds District Office (FSDO) conducted an inspection in which the aircraft maintenance records for N85U were found to be satisfactory.

Finally, during analysis of similar grants for experimental category civil aircraft, the FAA found that preserving historic military airplanes is in the public interest in the same manner as preserving historic buildings, landmarks, and neighborhoods are found to be in the public interest. The FAA noted that while aviation history can be represented with static displays in museums, similar to the way historic landmarks can be represented in museums, the public has shown a willingness to support the preservation and operation of vintage airplanes at airshows or publicly recognized and Government/industry-sponsored events.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Flying Fireman, Inc., is granted an exemption from 14 CFR § 91.313(a) and(e) to the extent necessary to allow FF to operate a restricted category aircraft in airshows or publically recognized and Government/industry-sponsored events. Additionally, FF may reposition N85U to and fr om airshows or publically recognized and Government/industry-sponsored events over densely populated areas, in congested airways, or near busy airports where passenger transport operations are conducted. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exem ption applies only to General Dynamics (Convair), PBY-6A, registration number N85U, serial number 64041.

2. This exemption allows FF to operate a restricted category aircraft (N85U) for the specialpurpose of participation in airshows or publicly recognized and Government/industrysponsored events.

3. This exemption allows FF to reposition N85U to and from airshows or publicly recognized and Government/industry-sponsored events and operate in the following areas while doing so: Over densely populated areas, in congested airways, or near busy5

airports where passenger transport operations are conducted. FF will avoid these areas when practical.

4. FF must maintain N85U in accordance with § 91.409(f) (4) and (g). This inspection program is the FAA AAIP that must be submitted and approved by the local FAA FSDO having jurisdiction over the area in which the aircraft is based.

5. N85U must have, at a minimum, the equipment listed in §§ 91.205(b); Visual-flight rules (day), and 91.207; Emergency locator transmitters, and that equipment must be in an operable condition during the flight. Flight during any other conditions, such as, visualflight rules (night), instrument flight rules, etc., must also be conducted with the appropriate minimum equipment listed in pertinent parts of § 91.205.

6. This exemption must be carried aboard N85U when exercising the privileges of this exemption. Additionally, this exemption must be presented for inspection, when requested, by the FAA Administrator.

7. Carriage of persons or property for compensation or hire is not permitted.

8. Carriage of any non-essential crew is not permitted.

9. The pilot in command (PIC) must hold the appropriate type rating for this aircraft, with the appropriate medical certificate and currency requirements of § 61.58 to operate this aircraft during operations related to flight for the special purpose of participating in airshows or publically recognized and Government/industry-sponsored events. This also includes any flights conducted while repositioning N85U to or from airshows or publicly recognized and Government/industry-sponsored events.

10. In accordance with § 91.531, this aircraft must be operated with a second in command (SIC) pilot appropriately rated for this category and class of aircraft, with the appropriate medical certificate and currency requirements of § 61.55 to operate this aircraft during operations related to flight for the special purpose of participating in airshows or special events. This also includes any flights conducted while repositioning N85U to or from airshows or publically recognized and Government/industry-sponsored events.

11. This exemption is only valid for operation inside the U.S. airspace system. For those operations outside the U.S. airspace system, the operator is required to gain authorization from the State who has control of that airspace. To fly through Canadian airspace, authorization must be obtained from Transport Canada. For operations in international airspace, the operator must adhere to all International Civil Aviation Organization (ICAO) standards listed in Annex 6, Part II. If flying at night, ICAO-required IFR equipment must be onboard and operational.6

12. Aerobatic flight is not permitted.

13. Formation flight is not permitted.

14. No later than 72 hours prior to commencing flight operations under the terms of this exemption, FF 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.

15. Failure to comply with any of these conditions and limitations of this grant of exemption will be grounds for the immediate suspension or revocation of this exemption.

This exemption terminates on December 31, 2013, unless sooner superseded or rescinded.

Issued in Washington, D.C., December 16, 2011.

/s/ Raymond Towles Acting Director, Flight Standards

Service .