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 34th 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). The 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-E 
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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 and 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. 
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(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 category 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 organizations 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 Standard Category Aircraft” (76 FR 16239). This 

policy statement deals only with the carriage 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. 
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(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 Standards 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 from 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 exemption 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 special 

purpose 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 busy 
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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. 
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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 .