800 Independence Ave. S W Washington, D.C. 20591

April 15, 2013

Exemption No. 10092B Regulatory Docket No. FAA-2010-0392

Mr. John T. Sessions
Chief Executive Officer Historic Flight Foundation
10719 Bernie Webber Drive Mukilteo, WA 98275-5011

Dear Mr. Sessions:

This letter is to inform you that we have granted your request to amend Exemption No. 10092A, as amended. It explains the basi s for our decision, describes its effect, and lists the revised
conditions and limitations. This letter is to inform you that we have granted your request to amend Exemption No. 10092A, as amended. It explains the basi s for our decision, describes its effect, and lists the revised
conditions and limitations.

The Basis for Our Decision

By letter dated December 20, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Historic FlightFoundation (HFF) for an amendment to Exemption No. 10092A. That exemption from §§ 91.315, 91.319(a)(2), 119.5( g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows HFF to operate a North American B-25D (N88972) for the purpose of carrying passengers on local educational and historical flights for compensation or
hire. By letter dated December 20, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Historic FlightFoundation (HFF) for an amendment to Exemption No. 10092A. That exemption from §§ 91.315, 91.319(a)(2), 119.5( g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows HFF to operate a North American B-25D (N88972) for the purpose of carrying passengers on local educational and historical flights for compensation or
hire.

In your petition, you indicate there have been no changes in conditions and reasons other than the corrections made to Limitation Nos. 2(a) an d 23, 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 correction
in the Federal Register because correction of the exempti on does not set a precedent, and any delay in acting on this petition w ould be detrimental to HFF.

Our Decision

The FAA amended the conditions and limitations of Exemption No. 10092A, as amended to address your petition for amendment.

Please note that the conditions and limitations included with an exemption are not based on specific regulations but are the FAA’s means of en suring an equivalent level of safety. This maynecessitate limitations that go be yond 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. 2(a) previously included maintenan ce requirements as specified in the B-25 series type certificate data sheet. Those requirements have been removed. Limitation No. 2(a) now states that the airplane will be maintained in accordance with the FAA-approved maintenance inspection program that meets the requireme nts of 14 CFR §§ 91.409(e), (f)(4), and (g).

Limitation No. 23 previously stat ed that the aircraft was certif icated in the Limited category.
This has been amended to state that the aircra ft is certificated in th e Experimental-Exhibition category. Limitation No. 24 was changed to Limitation No. 23 as a result of an error with the numbering format.

The FAA has determined that the justifica tion for the issuance of Exemption No. 10092B remains 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 delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption applies only to the North American B-25, N88972.

2. HFF must maintain its Experimental-Exhibi tion airplane in accordance with the—

a. FAA-approved maintenance inspection progr am that meets the requirements of § 91.409(e), (f)(4), and (g); and

b. B-25 military technical manuals.

3. The pilot in command (PIC) for the B-25 must—

a. Hold at least a commercial pilot certificat e with an airplane multiengine land rating, an airplane instrument rating, a nd the appropriate type rating;

b. Have completed, within th e previous 12 calendar mont hs, HFFs PIC qualification and recurrent flight a nd ground training program in the B-25 for which PIC privileges are sought;

c. Have completed, within th e previous 12 calendar mont hs, HFFs PIC proficiency check in the B-25 for which PIC privileges are sought;

d. Have at least a total of 2,500 hours of aeronautical fli ght experience, 1,000 hours of aeronautical flight experien ce in multiengine land airp lanes, and 25 hours in the B25; 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 the B-25; and

e. Have accomplished, within the previous 90 da ys, three takeoffs and three landings to a full stop in the B-25 for which PIC pr ivileges are sought. For initial PIC qualification in the B-25 or if the pilo t has allowed his/her takeoff and landingcurrency to lapse in the B-25, the take off and landing currency may not be accomplished during passenger-carrying operations.

4. The second in command (SIC) for the B-25 must—

a. Hold at least a commercial pilot certificat e with an airplane multiengine land rating and an airplane instrument rating;

b. Have completed, within th e previous 12 calendar mont hs, HFFs SIC qualification and recurrent flight a nd ground training program in the B-25 for which SIC privileges are sought;

c. Have completed, within th e previous 12 calendar mont hs, HFFs SIC proficiency check in the B-25 for which SIC privileges are sought;

d. Have at least a total of 1,500 hours of aeronautical fli ght experience, 250 hours of aeronautical flight experience in a multiengine land airplane; or have at least a total of 500 hours of aeronautical flight experi ence, 100 hours of aeronautical flight experience in a multiengine land airpla ne, and 25 hours and 10 takeoffs and 10 landings in the B-25; and

e. Have accomplished, within the previous 90 da ys, three takeoffs and three landings to a full stop in the B-25 for which SIC pr ivileges are sought. For initial SIC qualification in the B-25 or if the pilo t has allowed his/her takeoff and landing currency to lapse in the B-25, the take off and landing currency may not be accomplished during passenger-carrying operations.

5. HFF must develop and maintain a written B-25 qualification and recurrent ground training program for its PICs and SICs in the B-25 that covers the training subjects listed below. Each PIC and SIC in the B-25 must receive 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 PIC or SIC position in the B-25:

REQUIRED TRAINING TASKS a. General information and description of the airplane; b. Aircraft limitations; c. Aircraft servicing; d. Airspeeds; e. Fuel system; f. Electrical system; g. Hydraulic system; h. Engines; i. Instruments and avionics; j. Landing gear, brakes, c ontrols, and flaps systems; k. Propeller; l. Emergency procedures, including—

(i) Instruction in emergency a ssignments and procedures, including coordination among crewmembers; (ii) Individual instruction in the location, functio n, and operation ofemergency equipment, including— A. First aid equipment and its proper use; and B. Portable fire extinguishers, with emphasis on the type 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 a nd related circuit breakers found in cabin areas; and B. Illness, injury, or other abnorma l situations involving passengers or crewmembers; m. Weight and balance; n. Performance planning; o. Airplane’s checklist; and p. Differences in type.

6. HFF must develop and maintain a written B-25 qualification and recu rrent flight training program for its PICs in the B-25 that covers th e areas of operations and tasks, as listed in the following table of training tasks. Each PIC in the B-25 must successfully accomplish this training before being assi gned PIC responsibilities and duties. Each PIC in the B-25 must receive and successfully accomplish the following training within the previous 12 calendar months and be found to be competen t and proficient in these areas prior to serving in a PIC position in the B-25 for the exemption holder:

REQUIRED TRAINING 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) Powerplant failure; and (iii) Rejected takeoffs; d. In-flight Maneuvers— (i) Steep turns; (ii) Approach to stalls; (iii) Powerplant failure; and (iv) Specific flight characteristics; e. Landings & Approaches to Landing— (i) Normal & crosswind approaches & landing; (ii) Maneuvering to a landing w ith a simulated powerplant failure; (iii) Rejected landing; and(iv) Landing from a no flap or a nonstandard flap approach;

f. Normal & Abnormal Procedures— (i) Powerplant; (ii) Fuel system; (iii) Electrical system; (iv) Hydraulic system; (v) Environmental & pressurizati on system (as appropriate and if equipped); (vi) Fire detection & extinguishing system; (vii) Navigation & avionics system; (viii) Automatic flight control sy stem, electronic flight instrument system, & related systems (as appropriate and if equipped); (ix) Flight control system; (x) Anti-ice & deice system; and (xi) Aircraft & personal emergency equipment; g. Emergency Procedures— (i) In-flight fire & smoke removal; (ii) Rapid decompression (as appr opriate and if equipped with a pressurization system); (iii) Emergency descent; (iv) Ditching; and (v) Emergency evacuation; h. Postflight Procedures— (i) After landing procedures; and (ii) Parking and securing aircraft.

7. HFF must develop and maintain a written B-25 qualification and recu rrent flight training program for its SICs in the B-25 that covers th e areas of operations and tasks, as listed in the following table of training tasks. Each SIC in the B-25 must successfully accomplish this training within the prev ious 12 calendar months and be found to be competent and proficient in these areas prior to servi ng in an SIC position in the B-25 for HFF:

REQUIRED TRAINING TASKS a. Operational procedures applicable to the powerplant, equipment, and
systems; b. Performance specific ations and limitations; 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 mane uvering with an engine out while executing the duties of PIC; f. Crew resource management training; and g. Familiarization with the aircraft flight manual, placards, and markings.8. The exemption holder may not use a pilot no r may any pilot serve as a pilot in any aircraft unless, since the beginning of the 12 th calendar 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 compet ence 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 Seattle Flight Standa rds District Office (FSDO) will determine what maneuvers and procedures are critic al, such as preflight preparation, ground operations, takeoffs and departures, and nor mal 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 tr aining in the maneuvers and procedures in this exemption. Howeve r, satisfactory completion of the check required by this exemption within the preced ing 12 calendar months may be substituted for recurrent flight training.

10. HFF must document and record all ground and f light training and/or testing required by this grant of exemption in a manner accep table to the FAA’s Seattle FSDO. That documentation and records must contain the following information:

a. Date of each training session;

b. Date of each testing session;

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. Location where each session of ground and flight training was given;

f. Location where each session of gr ound and flight testing was given;

g. The airplane identification number in which each flight training session was received;

h. The airplane identification number in whic h each flight testing session was received;

i. The name and certificate number of the pilo t who provided each se ssion of training;

j. The name and certificate number of the pilo t who provided each se ssion of testing;

k. The signature and printed name of the pilo t who received the training. That pilot’s signature will serve as a veri fication of having received e ach session of training; and

l. The signature and printed name of the pilo t who received the testing. That pilot’s signature will serve as a ve rification of having receive d each session of testing.

11. When requested, the HFFs pilo t qualification and recurren t ground- and flight-training programs and/or records listed in condition above must be made available to the Seattle
FSDO.12. HFF must have the services of an FAA-cer tificated airframe and powerplant mechanic or an appropriately rated repa ir station available at all st opovers to perform all required maintenance inspections and repairs.

13. HFF will maintain the following informati on and records and will make those records available for review to the FAA when requested:

a. The name of each pilot crewmember HFF authorizes to conduct flight operations in its airplanes under the terms of this exemption;

b. Copies of each PICs and SICs pilot certif icate, medical certificate, qualifications,
and initial and recurrent tr aining and testing documentati on to comply with condition above; and

c. Records of maintenance performed and ma intenance inspection records to comply
with Condition Nos. 2 and 11. Maintenan ce and inspection records must meet the requirements of §§ 43.9, 43.11, and 91.405.

14. Before permitting a person to be carried on board its aircraft for the purposes authorized under this exemption, HFF will inform that person that its airplanes hold only an experimental airworthiness certif icate; the significance of the airworthiness certificate as compared to a standard airworthiness certifi cate; and that the FAA has authorized this flight under a grant of exemption from the requirements of §§ 91.315, 91.319(a)(2), 119.5(g), and 119.21(a). The explanation of the significance of a special airworthiness certificate (experimental-exhibiti on), experimental airworthin ess certificate compared to
a standard airworthiness certi ficate, must include at leas t the following information:

a. The FAA has not established nor has it ap proved experimental category, special
airworthiness certificated aircraft manufact uring standards. In contrast, standard category airworthiness cert ificated aircraft are ma nufactured to FAA-approved standards, including standard s addressing the design of the aircraft and life-limited
parts;

b. Limited category airworthiness certificated aircraft are issued when the FAA finds the airplane—

i. Has been previously issued a limited cat egory type certificate and the aircraft
conforms to that t ype certificate; and

ii. To be in a good state of preservation a nd repair and is in a safe operating condition;

c. An aircraft may be issued an experiment al airworthiness certificate for the purpose
of exhibition when the FAA finds the aircraft—

i. Is intended only for exhibition of th e aircraft's flight capabilities, performance, or unusual characteris tics at airshows, motion picture, television, and simila r productions; and

ii. The maintenance of exhibition flight proficiency, including (for persons exhibiting the aircraft) flying to and f rom such airshows and productions; andd. Standard category airworthine ss certificates are issued fo r an aircraft when the FAA
finds the—

i. Aircraft has been built and maintained in accordance with that aircraft's type
certification standards as es tablished by the FAA; and

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

15. HFF must notify the Seattle FSDO within 24 hou rs of any of the following occurrences by written report, by electr onic mail, or by facsimile—

a. Each in-flight fire in any system or area that requir es activation of any fire suppression system or discharge of a portable fire extinguisher;

b. Each exhaust system component failure, in cluding the turbocharger components, that causes damage to any engine, stru cture, cowling, or components;

c. Each airplane component or system that causes, during flight, accumulation or circulation of noxious fumes, smoke, or va por in any portion of the cabin or crew

area;

d. Except for training, each occu rrence of engine shutdown or propeller feathering, and the reason for such shutdown or feathering;

e. Each failure of the propeller govern ing systems or feathering systems;

f. Any landing gear system or component fa ilures or malfunctions, which require use of emergency or standby extension systems;

g. Each failure or malfunction of the wheel br ake systems that causes loss of brake control on the ground;

h. Each airplane structure that requires ma jor repair due to damage, deformation, or corrosion, and the method of repair;

i. Each failure or malfunction of the fu el system, tanks, pumps, or valves;

j. Each malfunction, failure, or defect in any system or component that requires taking emergency action of any type duri ng the course of any flight; and

k. For the purpose of this section, "during flight" means the period from the moment the airplane leaves the surface of the earth on take off 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 official sunrise and s unset, as established in the American Air Almanac, as converted to local time;

c. W ithin a 25-statute-mile radius of the de parture airport with landings only permitted at the departure airport;d. With a minimum flight visi bility of not less than 3 statute miles and a minimum ceiling of not less than 1,500 feet AGL;

e. Passenger-carrying operations for compen sation may be conducted at distances greater than 25 statute miles of the depart ure airport up to 50 statute miles, with concurrence of the FAA FSDO having ge ographic responsibility for the aviation event. For such flights, landings are onl y permitted at the departure airport. The operator must provide information pertaini ng to the proposed route of flight, which will avoid densely populated areas or conge sted airways in accordance with 14 CFR § 91.319(c) for aircraft certif icated in the experimental category. Those operators utilizing aircraft certificated in the lim ited category are not b ound by the restriction regarding the avoidance of densely populated areas or congested airways;

f. For passenger-carrying fli ghts 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 for the duration of the proposed operation that indicate that
the weather would be no less than 5 statut e miles visibility and cloud ceilings no less than 2,000 feet AGL. Passenger-carrying opera tions shall be terminated if ceiling and visibility become less than the minimum required by these conditions and limitations. Weather forecasts listing disc riminators such as probability (PROB), becoming (BECOMG), or temporarily (TEMPO) shall be limiting; and

g. The aircraft may only be operated from an airport that has a fi re station or firefighting services availabl e or within close prox imity of the airport.

17. No persons other than the assigned flight crewmembers may be permitted on the pilot station of the airplane during flight operations.

18. All flight operations must carry no more than the maximum number of passengers permitted by the aircraft's weight and bala nce limitations and number of approved seats in the airplane.

19. HFF’s B-25D 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. HFF must 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. HFF must notify the Seattle FSDO at least 5 working days (Mondays through Fridays) before conducting any PIC or SIC initial or recurrent qualification training and any PIC or SIC initial or recurrent proficiency check s required to be co nducted 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, HFF must notify the ju risdictional FAA FSDO where it intends to conduct the flight operations and shall prov ide a copy of this exemption to that jurisdictional FAA FSDO.23. This grant of exemption pertains to the operation of the HFF North American B-25D, N88972, certificated in the Expe rimental-Exhibition category.

24. The PIC is prohibited from performing aeroba tic flight while passengers are onboard the
aircraft.

25. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., formation flying) is prohibited.

26. Prior to flight, the PIC must ensure that a passenger briefing meeting the scope and content of § 135.117 has been provided to the passenger(s).

27. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls du ring flight operations.

28. HFF must develop a continuous analysis and management program for all aircraft subject to this exemption that ensures compliance with its inspection program, training program, and conditions and limitations of this exemption.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or revocation of Exemption 10092B.

The Effect of Our Decision

Our decision corrects Limitation Nos. 2(a) and 24 to coincide with the current aircraft
certification. The termination date of Exemption No. 10092B remains June 30, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/
Michael J. Zenkovich Deputy Director, Flight
Standards Service