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11/25/14 Rev. 1 

## Lone Star Flight Museum LHFE Operations Manual 1. To ensure an equivalent level of safety, the Lone Star Flight Museum will adhere to the following policies and procedures while operating under the Living history Flight Exemption with its B - 17 and B - 25 aircraft. 2. Lone Star Flight Museum will maintain its B - 17 and B - 25 in accordance with the: a. Maintenance requirements as specified in the B - 17 or B - 25, as appropriate, type specification sheet, as amended; b. FAA- approved maintenanc e inspection program that meets the requirements of § 91.409(e), (f)(4) and (g); and c. B - 17 or B - 25, as appropriat e, military technical manuals.
3. The pilot in command ( PIC ) will — a. Hold at least a commercial pilot certificate with an airplane multi engine land rating, an airplane instrument rating, and a B - 17 or B - 25, as appropriate, type rating; b. Have completed within the previous 12 calendar months, Lone Star Flight Museum’s PIC qualification and recurrent flight and ground training program in t he B - 17 or B - 25, as appropriate, for which PIC privileges are sought; c. Have completed within the previous 12 calendar months, Lone Star Flight Museum's PIC proficiency check in the B - 17 or B - 25, as appropriate, for which PIC privileges are sought; d. H ave at least a total of 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical flight experience in multiengine land airplanes, and 25 hours in a B - 17 or B - 25, as appropriate; or have at least a total of 1,000 hours of aeronautical flig ht experience in airplanes, 200 hours of aeronautical flight experience in a multiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in a B - 17 or B - 25, as appropriate; and e. Have accomplished within the previous 90 days, three takeoffs a nd three landings to a full stop in a B - 17 or B - 25, as appropriate, for which PIC privileges are sought. For initial PIC qualification in a B - 17 or B - 25, as appropriate, or if the pilot has allowed his/her takeoff and2

landing currency to lapse in a B - 17 or B - 25, as appropriate, the takeoff and landing currency may not be accomplished during passenger- carrying operations. 4. The second in command (SIC) will : a. Hold at least a commercial pilot certificate with an airplane multiengine land rating and an air plane instrument rating; b. Have completed within the previous 12 calendar months, Lone Star Flight Museum’s SIC qualification and recurrent flight and ground training program in a B - 17 or B - 25, as appropriate, for which SIC privileges are sought; c. Hav e completed within the previous 12 calendar months, Lone Star Flight Museum’s SIC proficiency check in a B - 17 or B - 25, as appropriate, for which SIC privileges are sought; d. Have at least a total of 1,500 hours of aeronautical flight experience, 250 hours of aeronautical flight experience in a multiengine land airplane; or have at least a total of 500 hours of aeronautical flight experience in airplanes, 100 hours of aeronautical flight experience in a multiengine land airplane, and 25 hours and 10 takeoffs and 10 landings in a B - 17 or B - 25; as appropriate, and e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in a B - 17 or B - 25, as appropriate, for which SIC privileges are sought. For initial SIC qualification in a B - 17 or B - 25, as appropriate, or if the pilot has allowed his/her takeoff and landing currency to lapse in a B - 17 or B - 25, as appropriate, the takeoff and landing currency may not be accomplished during passenger- carrying operations. 5. Lone Star Flight Museum will develop and maintain a written B - 17 or B - 25, as appropriate, qualification and recurrent ground training program for its PICs and SICs that covers the training subjects listed below. Each PIC and SIC 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 - 17 or B - 25, as appropriate: REQUIRED TRAINING TASKS a. General information and description of the airplane; b. Aircraft limitations; c. Aircraft servicing; d. A irspeeds;3

e. Fuel system; f. Electrical system; g. Hydraulic system; h. Engines; i. Instruments and avionics; j. Landing gear, brakes, controls, and flaps systems; k. Propeller; l. Emergency procedures, including — (i) Instruction in emergency assig nments and procedures, including coordination among crewmembers; (ii) Individual instruction in the location, function, and operation of emergency 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 and related circuit breakers found in cabin areas; and B. Illness, injury, or other abnormal situations involving passengers or crewmembers; m. Weight and balance; n. Performance planning; o. Airplane's checklist; and p. Differences in type 6. Lone Star Flight Museum will develop and maintain a written B - 17 or B - 25, as appropriate, qualification and recurrent flight training program for its PICs tha t covers the areas of operations and tasks, as listed in the following table of training tasks. Each PIC must successfully accomplish this training before being assigned PIC responsibilities and duties. Each PIC must receive and successfully accomplish4

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 position in the B - 17 or B - 25, as appropriate, for Lone Star Flight Museum : REQUIRED TRAINING TASKS a. Prefligh t Preparation (i) Aircraft exam (oral or written) (ii) Aircraft performance & limitations (oral or written) b. Ground Operations (i) Preflight inspection (ii) Cockpit resource management (iii) Powerplant start procedures (iv) Taxiing (v) Pre -takeoff checks c. Takeoffs & Departures ( i) Normal & crosswind takeoffs (ii) Powerplant failure (iii) Rejected takeoffs d. In -flight Maneuvers (i) Steep turns (ii) Approach to stalls (iii) Powerplant failure (iv) S pecific flight characteristics e. La ndings & Approaches to Landing (i) Normal & crosswind approaches & landing (ii) Maneuvering to a landing with a simulated powerplant fail ure (iii) Rejected landing5 (iv) Landing from a no flap or a nonstandard flap approach f. Normal & Abnormal Procedu res (i) Powerplant (ii) Fuel system (iii) Electrical system (iv) Hydraulic system (v) Environmental & pressurization system (as appropriate and if equipped) (vi) Fire detection & extinguishing system (vii ) Navigation & avionics system (viii) Automatic flight control system , electronic flight instrument system, & related systems (a s appropriate and if equipped) (ix) Flight control system (x) Anti - ice & de - ice system (xi) Aircraft & personal emergency equipment g. Emergency Procedures (i) I n -flight fire & smoke removal (ii) Rapid decompression (as appropriate and if equ ipped with a pressurization system) (iii) Emergency descent (iv) Ditching (v) Emergency evacuation h. Postflight Procedures (i) After landing procedures (ii) Parking and securing aircraft 7. Lone Star Flight Museum will develop and maintain a written B - 17 or B - 25, as appropriate, qualification and recurrent flight training program for its SICs that covers the areas of operations and tasks, as listed in t he following table of training tasks. Each SIC must successfully accomplish this training6

before being ass igned SIC responsibilities and duties. Each SIC must receive and successfully acc omplish the following training within the previous 12 calendar months and be found to be competent and proficient in these areas prior to serving in an SIC position in the B - 1 7 or B - 25, as appropriate, for Lone Star Flight Museum : REQUIRED TRAINING TASKS a. Operational procedures applicable to the powerplant, equipment, an d systems. b. Performance s pecifications and limitations. c. Normal, abnormal, and e mergency operating procedures. d. Three takeoffs and three landings to a ful l stop as the sole manipulator of the flight controls. e. Engine - out procedures and maneuver ing with an engine out while executing the duties of PIC. f. Crew resource management training. g. Familiarization with the aircraft flight manual, placards, and markings. 8. Lone Star Flight Museum will not use a pilot in any aircraft unless, since th e beginning of the 12th calendar month b efore 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 competence in practica l skills and techniques in the appropriate ai rcraft. 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 Houston Flight Standar ds District Office (FSDO) will determine what maneuvers and procedures are critical, such as preflight preparation, ground operations, takeoffs and departures, an d normal procedures, etc., and maneuvers and procedures that may be unsafe for a particular aircraft. 9. Recurrent flight training for pilots must i nclude, at least, flight training in the maneuvers and procedures in this exemption. However, satisfactory completion of the check required by this exemption within the prece ding 12 calendar months may be substituted for recurrent flight training.

10. Lone Star Flight Museum must document and record all gro und and flight training and/or testing required by this grant of exemption in a manner acceptable to the FAA’s Houston FSDO. That documentation and reco rds must contain the following information: a. Date of each training session. b. Date of each testing session.7

c. The amount of time of each session of gro und and flight training given. d. The amount of time of each session of ground and flight testing given. e. Location where each session of groun d and flight training was given. f. Location where each session of ground and flight testing was given. g. The airplane identification number in which ea ch flight training session was received. h. The airplane identification number in which e ach flight testing session was received. i. The name and certificate number of the pilo t who provided each session of training. j. The name and certificate number of the pilo t who provided each session of testing. k. The signature and printed name of the pilot who received the training. T hat pilot’s signature will serve as a verification of h aving received each session of training. l. The signature and printed name of the pilot who rece ived the testing. That pilot’s signature will serve as a verification of having received each session of testing. 11. When requested, Lone Star Flight Museum’s pilot qualifica tion and recurrent ground - and flight training programs and/or records listed in conditio n Nos. 5, 6, 7, and 10 must be made available to the Houston FSDO . 12. Lone Star Flight Museum will have the services of an FAA- certificated airframe and powerplant mechanic or an appropriately rated repair stat ion available at all stopovers to perform all required mainte nance inspections and repairs. 13. Lone Star Flig ht Museum will maintain the following informa tion and records and will make those records available for rev iew to the FAA when requested: a. The name of each pilot crewmember Lone Star Flight Museum authorizes to conduct flight operations in its airplanes unde r the terms of this exemption; b. Copies of each PIC's and SIC's pilot certificate, medica l certificate, qualifications, and initial and recurrent training and testing doc umentation to comply with condi tion Nos. 3, 4, 8, and 10; and8

c. Records of ma intenance performed and maintenanc e inspection records to comply with condition No. 2. Maintenance and in spection records must meet the requirements of §§ 91.405, 43.9, and 43.11. 14. Before permitting a person to be carried on board its airplane for the purposes authorized under this exemption, Lone Star Flight Museum wi ll inform that person that its airplanes hold only a limited airworthiness certificate; the significance of the airworthiness certificate as compared to a standard airworthiness certifica te; and that the FAA has authorized this flight under a grant of e xemption from the requirements of §§ 91.315, 91.319, 119.5(g), and 119.21(a). 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 manufactu red to FAA- approved standards, including standards addressing the design of the ai rcraft and life - limited parts. b. Limited category airworthiness certificated ai rcraft 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 type certificate; and ii. To be in a good state of preservation and rep air and is in a safe operating condition. c. Standard category airworthiness certificates are i ssued for an aircraft when the FAA finds the: i. Aircraft has been built and maintained in a ccordance 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. 15. Lone Star Flight Museum will notify the Houston FSDO within 24 hours of any of the following occurrences by written report, by ele ctronic mail, or by facsimile: a. Each in -flight fire in any system or area that requires activation of any fire suppression system or discharge of a portable fire extinguisher. b. Each exhaust system component failure includi ng the turbocharger components that causes damage to any engine, stru cture, cowling, or component s.9

c. Each airplane component or system that causes, during flight, accumulation or circulation of noxious fumes, smoke, or vapor in an y portion of the cabin or crew area. d. Except for training, each occurrence of engine shu tdown or propeller feathering, and the reason fo r such shutdown or feathering. e. Each failure of the propeller governing systems or feathering systems. f. Any landing gear system or component failures or malfunctions, which require use of emergency or standby extension systems. g. Each failure or malfunction of the wheel brake systems that causes loss of brake control on the ground. h. Each airplane structure that requires major repair due to damage, deformation, or corrosion, and the method of repair. i. Each failure or malfunct ion of the fuel system, tanks, pumps, or valves. j. Each malfunction, failure, or defect in any system or component that requires taking emergency action of any type during the co urse of any flight. k. For the purpose of this section, "during flight" me a ns the period from the moment the airplane leaves the surface of the earth on ta keoff until it touches down on landing. 16. All flight operations must be conducted — a. At a minimum operating altitude of not les s than 1,000 feet above ground level (AGL) ; b. Between the hours of official sunrise and sunset, as established in the American Air Almana c, as converted to local time; c. Within a 25 - statute - mile radius of the depart ure airport with landings only permi tted at the departure airport; d. With a m inimum flight visibility of not less than 3 statute miles and a minimum ceiling of not less than 1,500 feet AGL; e. Passenger- carrying operations for compensation may be conducted at distances greater than 25 statute miles of the departure airpo rt up to 50 statute miles with concurrence of the FAA FSDO having geographic responsibility for the aviation event. For such flights, landings are only permitted at the departure airport; f. For passenger- carrying flights greater than 25 st atute miles from the departure airport and up to 50 statute miles, the PIC will obtain weather reports and forecasts prior to flight and valid for10

the duration of the proposed operation that indicate that the weather would be no less than 5 stat ute miles visibility and cl oud ceilings no less than 2,000 feet AGL. Passenge r-carrying operations shall be terminated if ceiling and visibility become les s than the minimum required by these conditions and limitations. Weather forecasts listing discriminators such as probability (PROB), becoming (BECOMG), o r temporarily (TEMPO) shall be limiting; and g. The aircraft may only be operated from an airport t hat has a fire station or fire -fighting services available or within c lose proximity of the airport. 17. No persons other than the assigned flight crewmembers may be permitted on the pilot station of the aircraft durin g flight operations. 18. All flight operations must carry no more than th e maximum number of passengers permitted by the aircraft’s weight and balance limi tations and number of approved seats in the aircraft.
19. All aircraft will have the equipment listed in §§ 91.205(b) and 91.207 and that equipment must be in an operabl e condition during the flight. 20. Lone Star Flight Museum must hold and continue to hold a determination from the U.S. Internal Revenue Service that it is a § 501(c)(3) non profit, tax-exempt, charitable organization under §§ 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. 21. Lone Star Flight Museum will notify the Houston FSDO at least 5 working days (Mondays through Fridays) before conducting any PIC or SIC init ial or recurrent qualification training and any PIC or SIC initial or recurrent pro ficiency checks required to be conducted under the ter ms of this grant of exemption. 22. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, Lone Star Flight Museum must noti fy the jurisdictional FAA FSDO where it intends to conduct the flight operations . 23. The PIC is prohibited fro m performing aerobatic fligh t while passengers are onboard the aircraft.11

24. For all aircraft subject to this exemption, flight withi n 500 feet of another aircraft (i.e., formation flying) is prohibited. 25. Prior to flight, the PIC will ensure that a passenger briefing meeting the scope and content of § 135.117 has been provided to the passenger(s). 26. No persons other than the assigned flight c rewmembers may be permitted to manipulate the flight cont rols during flight operations.
27. All aircraft must have the equipment listed in §§ 91.205(b) and 91.207 and that equipment must be in an operable condition during the flight. 28. Lone Star Flight Museum must develop a continuous analysis and management program for all aircraft subject to this exem ption that ensures compliance with its inspection program, training program, and conditions and limitations of this exemption.12

Appendix List of FARs referenced in the Operations manual: **§91.409 Inspections.**  (e) Large airplanes (to which part 125 is not applicable), turbojet multiengine airplanes, turbopropellerpowered multiengine airplanes, and turbine-powered rotorcraft. No person may operate a large airplane, turbojet multiengine airplane, turbopropeller- powered multiengine airplane, or turbine powered rotorcraft unless the replacement times for life - limited parts specified in the aircraft specifications, type data sheets, or other documents approved by the Administrator are complied with and the airplane or turbine - powered rotorcraft, including the airframe, engines, propellers, rotors, appliances, survival equipment, and emergency equipment, is inspected in accordance with an inspection program selected under the provisions of paragraph (f) of this secti on, except that, the owner or operator of a turbine - powered rotorcraft may elect to use the inspection provisions of §91.409(a), (b), (c), or (d) in lieu of an inspection option of §91.409(f). (f) Selection of inspection program under paragraph (e) of thi s section. The registered owner or operator of each airplane or turbine - powered rotorcraft described in paragraph (e) of this section must select, identify in the aircraft maintenance records, and use one of the following programs for the inspection of the aircraft: (1) A continuous airworthiness inspection program that is part of a continuous airworthiness maintenance program currently in use by a person holding an air carrier operating certificate or an operating certificate issued under part 121 or 135 of this chapter and operating that make and model aircraft under part 121 of this chapter or operating that make and model under part 135 of this chapter and maintaining it under §135.411(a)(2) of this chapter. (2) An approved aircraft inspection program approved under §135.419 of this chapter and currently in use by a person holding an operating certificate issued under part 135 of this chapter. (3) A current inspection program recommended by the manufacturer. (4) Any other inspection program establishe d by the registered owner or operator of that airplane or turbine - powered rotorcraft and approved by the Administrator under paragraph (g) of this section. However, the Administrator may require revision of this inspection program in accordance with the provisions of §91.415. Each operator shall include in the selected program the name and address of the person responsible for scheduling the inspections required by the program and make a copy of that program available to the person performing inspections on the aircraft and, upon request, to the Administrator.13

(g) Inspection program approved under paragraph (e) of this section. Each operator of an airplane or turbine - powered rotorcraft desiring to establish or change an approved inspection program under paragraph (f)(4) of this section must submit the program for approval to the local FAA Flight Standards district office having jurisdiction over the area in which the aircraft is based. The program must be in writing and include at least the following informa tion: (1) Instructions and procedures for the conduct of inspections for the particular make and model airplane or turbine - powered rotorcraft, including necessary tests and checks. The instructions and procedures must set forth in detail the parts and are as of the airframe, engines, propellers, rotors, and appliances, including survival and emergency equipment required to be inspected. (2) A schedule for performing the inspections that must be performed under the program expressed in terms of the time in service, calendar time, number of system operations, or any combination of these.

**Sec. 135.117 Briefing of passengers before flight.**  (a) Before each takeoff each pilot in command of an aircraft carrying passengers shall ensure that all passengers have been orally briefed on — (1) Smoking. Each passenger shall be briefed on when, where, and under what conditions smoking is prohibited (including, but not limited to, any applicable requirements of part 252 of this title). This briefing shall include a state ment that the Federal Aviation Regulations require passenger compliance with the lighted passenger information signs (if such signs are required), posted placards, areas designated for safety purposes as no smoking areas, and crewmember instructions with regard to these items. The briefing shall also include a statement (if the aircraft is equipped with a lavatory) that Federal law prohibits: tampering with, disabling, or destroying any smoke detector installed in an aircraft lavatory; smoking in lavatories ; and, when applicable, smoking in passenger compartments. (2) The use of safety belts, including instructions on how to fasten and unfasten the safety belts. Each passenger shall be briefed on when, where, and under what conditions the safety belt must be fastened about that passenger. This briefing shall include a statement that the Federal Aviation Regulations require passenger compliance with lighted passenger information signs and crewmember instructions concerning the use of safety belts. (3) The plac ement of seat backs in an upright position before takeoff and landing; (4) Location and means for opening the passenger entry door and emergency exits; (5) Location of survival equipment; (6) If the flight involves extended overwater operation, ditching procedures and the use of14

required flotation equipment; (7) If the flight involves operations above 12,000 feet MSL, the normal and emergency use of oxygen; and (8) Location and operation of fire extinguishers (b) Before each takeoff the pilot in command sha ll ensure that each person who may need the assistance of another person to move expeditiously to an exit if an emergency occurs and that person's attendant, if any, has received a briefing as to the procedures to be followed if an evacuation occurs. This paragraph does not apply to a person who has been given a briefing before a previous leg of a flight in the same aircraft. (c) The oral briefing required by paragraph (a) of this section shall be given by the pilot in command or a crewmember. (d) Notwithst anding the provisions of paragraph (c) of this section, for aircraft certificated to carry 19 passengers or less, the oral briefing required by paragraph (a) of this section shall be given by the pilot in command, a crewmember, or other qualified person de signated by the certificate holder and approved by the Administrator. (e) The oral briefing required by paragraph (a) of this section must be supplemented by printed cards which must be carried in the aircraft in locations convenient for the use of each pa ssenger. The cards must — (1) Be appropriate for the aircraft on which they are to be used; (2) Contain a diagram of, and method of operating, the emergency exits; and (3) Contain other instructions necessary for the use of emergency equipment on board the aircraft; and (4) No later than June 12, 2005, for scheduled Commuter passenger- carrying flights, include the sentence, "Final assembly of this aircraft was completed in [INSERT NAME OF COUNTRY]." **]** (f) The briefing required by paragraph (a) may be delivered by means of an approved recording playback device that is audible to each passenger under normal noise levels.
**Sec. 91.205b Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and**  **equipment requirements.** (a) General. Except as provided in paragraphs (c)(3) and (e) of this section, no person may operate a powered civil aircraft with a standard category U.S. airworthiness certificate in any operation described in paragraphs (b) through (f) of this section unless that aircraft contains the instruments and equipment15

specified in those paragraphs (or FAA- approved equivalents) for that type of operation, and those instruments and items of equipment are in operable condition. (b) Visual- flight rules (day). For VFR fl ight during the day, the following instruments and equipment are required: (1) Airspeed indicator. (2) Altimeter. (3) Magnetic direction indicator. (4) Tachometer for each engine. (5) Oil pressure gauge for each engine using pressure system. (6) Temp erature gauge for each liquid - cooled engine. (7) Oil temperature gauge for each air- cooled engine. (8) Manifold pressure gauge for each altitude engine. (9) Fuel gauge indicating the quantity of fuel in each tank. (10) Landing gear position indicator, if the aircraft has a retractable landing gear. (11) For small civil airplanes certificated after March 11, 1996, in accordance with part 23 of this chapter, an approved aviation red or aviation white anti - collision light system. In the event of failure o f any light of the anti - collision light system, operation of the aircraft may continue to a location where repairs or replacement can be made. (12) If the aircraft is operated for hire over water and beyond power- off gliding distance from shore, approved flotation gear readily available to each occupant and, unless the aircraft is operating under part 121 of this subchapter, at least one pyrotechnic signaling device. As used in this section, "shore" means that area of the land adjacent to the water which i s above the high water mark and excludes land areas which are intermittently under water. (13) An approved safety belt with an approved metal -to - metal latching device for each occupant 2 years of age or older. (14) For small civil airplanes manufactured after July 18, 1978, an approved shoulder harness for each front seat. The shoulder harness must be designed to protect the occupant from serious head injury when the occupant experiences the ultimate inertia forces specified in Sec. 23.561(b)(2) of this c hapter. Each shoulder harness installed at a flight crewmember station must permit the crewmember, when seated and with the safety belt and shoulder harness fastened, to perform all functions necessary for flight operations. For purposes of this paragraph --16 (i) The date of manufacture of an airplane is the date the inspection acceptance records reflect that the airplane is complete and meets the FAA- approved type design data; and (ii) A front seat is a seat located at a flight crewmember station or any se at located alongside such a seat. (15) An emergency locator transmitter, if required by Sec. 91.207. (16) For normal, utility, and acrobatic category airplanes with a seating configuration, excluding pilot seats, of 9 or less, manufactured after December 12, 1986, a shoulder harness for-- (i) Each front seat that meets the requirements of Sec. 23.785 (g) and (h) of this chapter in effect on December 12, 1985; (ii) Each additional seat that meets the requirements of Sec. 23.785(g) of this chapter in effect on December 12, 1985. (17) For rotorcraft manufactured after September 16, 1992, a shoulder harness for each seat that meets the requirements of Sec. 27.2 or Sec. 29.2 of this chapter in effect on September 16, 1991.

**Sec. 91.207 Emergency locator**  **transmitters.** (a) Except as provided in paragraphs (e) and (f) of this section, no person may operate a U.S. - registered civil airplane unless — (1) There is attached to the airplane an approved automatic type emergency locator transmitter that is in operab le condition for the following operations, except that after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO - C91 may not be used for new installations: (i) Those operations governed by the supplemental air carrier and com mercial operator rules of parts 121 and 125; (ii) Charter flights governed by the domestic and flag air carrier rules of part 121 of this chapter; and (iii) Operations governed by part 135 of this chapter; or (2) For operations other than those specified i n paragraph (a)(1) of this section, there must be attached to the airplane an approved personal type or an approved automatic type emergency locator transmitter that is in operable condition, except that after June17 21, 1995, an emergency locator transmitte r that meets the requirements of TSO - C91 may not be used for new installations. (b) Each emergency locator transmitter required by paragraph (a) of this section must be attached to the airplane in such a manner that the probability of damage to the transmi tter in the event of crash impact is minimized. Fixed and deployable automatic type transmitters must be attached to the airplane as far aft as practicable. (c) Batteries used in the emergency locator transmitters required by paragraphs (a) and (b) of this section must be replaced (or recharged, if the batteries are rechargeable) — (1) When the transmitter has been in use for more than 1 cumulative hour; or (2) When 50 percent of their useful life (or, for rechargeable batteries, 50 percent of their useful l ife of charge) has expired, as established by the transmitter manufacturer under its approval. The new expiration date for replacing (or recharging) the battery must be legibly marked on the outside of the transmitter and entered in the aircraft maintenanc e record. Paragraph (c)(2) of this section does not apply to batteries (such as water-activated batteries) that are essentially unaffected during probable storage intervals. (d) Each emergency locator transmitter required by paragraph (a) of this section must be inspected within 12 calendar months after the last inspection for — (1) Proper installation; (2) Battery corrosion; (3) Operation of the controls and crash sensor; and (4) The presence of a sufficient signal radiated from its antenna. (e ) Notwithst anding paragraph (a) of this section, a person may — (1) Ferry a newly acquired airplane from the place where possession of it was taken to a place where the emergency locator transmitter is to be installed; and (2) Ferry an airplane with an inoperative emergency locator transmitter from a place where repairs or replacements cannot be made to a place where they can be made. No person other than required crewmembers may be carried aboard an airplane being ferried under paragraph (e) of this section. (f) Pa ragraph (a) of this section does not apply to -- (1) Before January 1, 2004, turbojet- powered aircraft; (2) Aircraft while engaged in scheduled flights by scheduled air carriers; (3) Aircraft while engaged in training operations conducted entirely within a 50 - nautical mile radius of the airport from which such local flight operations began; (4) Aircraft while engaged in flight operations incident to design and testing;18

(5) New aircraft while engaged in flight operations incident to their manufacture, prep aration, and delivery; (6) Aircraft while engaged in flight operations incident to the aerial application of chemicals and other substances for agricultural purposes; (7) Aircraft certificated by the Administrator for research and development purposes; (8) Aircraft while used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; (9) Aircraft equipped to carry not more than one person; and (10) An aircraft during any period for which the transmitter has been tempo rarily removed for inspection, repair, modification, or replacement, subject to the following: (i) No person may operate the aircraft unless the aircraft records contain an entry which includes the date of initial removal, the make, model, serial number, a nd reason for removing the transmitter, and a placard located in view of the pilot to show "ELT not installed." (ii) No person may operate the aircraft more than 90 days after the ELT is initially removed from the aircraft; and (11) On and after January 1 , 2004, aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation. **]**