AFS-12-384-E 

May 25, 2012 

 Exemption No. 8565D 

 Regulatory Docket No. FAA-2004-17662 

Mr. Stuart A. Goldstein 

Counsel for The Liberty Foundation, Inc. 

Law Offices of Stuart A. Goldstein, P.A. 

9350 South Dixie Highway, 10th Floor 

Miami, FL 33156 

Dear Mr. Goldstein: 

This letter is to inform you that we have granted your petition to extend and amend 

Exemption No. 8565, as amended. It explains the basis for our decision, describes its effect, 

and lists the conditions and limitations. 

The Basis for Our Decision 

By letter dated February 28, 2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf of The Liberty Foundation Inc. (Liberty), for an extension of and amendment to 

Exemption No. 8565, as amended. 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) currently allows Liberty to 

operate a Boeing B-17 (B-17) (registration No. N390TH) and a Curtis P-40 (P-40) 

(registration No. N2416X), to carry passengers for compensation or hire on local flights for 

educational and historical purposes. The amendment you requested would allow you to 

operate a different B-17 (N3703G, 44-83546-A) in place of the B-17 currently listed on your 

exemption. 

On May 3, 2012, we responded to your request stating that no further action would be taken 

on your petition citing our March 23, 2011 moratorium on the issuance of new Living History 

Flight Experience (LFHE) exemptions. The moratorium states, in part, that no new LHFE 

exemptions will be issued during the moratorium nor will any aircraft be added to existing 

exemptions. Upon further review, we realize that your petition did not request to add 

additional aircraft to the exemption but to operate a different B-17 (N3703G, 44-83546-A) in 
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place of the B-17 currently listed on your exemption. Replacing one B-17 for another B-17 is 

not prohibited by the March 23, 2011 moratorium. 

In your petition, you do not indicate that there has been any 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 amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Liberty. 

Our Decision 

The FAA has modified and/or added to the conditions and limitations of Exemption No. 8565, 

as amended, to address several issues raised in previous LHFE exemption requests. These 

changes were made to clarify the original content and further define the intent and provide 

consistency of the safety-related aspects of the conditions and limitations. The FAA will be 

making these changes to all LHFE exemptions as they are amended or extended. 

Please note that the conditions and limitations included with an exemption are not based on 

specific regulations but are the FAA’s means of ensuring an equivalent level of safety. This 

may necessitate limitations that go beyond 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. 24 had previously given the incorrect impression that the aircraft could be 

operated at weights greater than permitted by operating limitations. The wording was revised 

to clarify that the aircraft must be operated within the weight and balance limitations 

prescribed at all times. 

Limitation No. 29 has been added requiring a preflight briefing but permitting other than the 

pilot in command (PIC) to provide the necessary preflight briefing; however, the exemption 

holder is reminded that in accordance with § 91.107(a)(2), the briefing remains a PIC 

responsibility. This requirement will be added to all LHFE exemptions. 

Passengers wishing to experience aerobatics can obtain rides in aircraft type certificated for 

aerobatics. The LHFE are designed to provide for experiences not otherwise available to the 

public. Therefore, limitation No. 30 has been added to ensure that the intent of the exemption 

is clear. This limitation will be added to all LHFE exemptions in order to clarify the intent of 

the exemptions. 

Limitation No. 31 prohibits formation flight. Formation flight is already prohibited by 

§ 91.111(c), but this was added to ensure that the exemption holders have a clear 

understanding of this restriction. This limitation will be added to all LHFE exemptions to 

clarify the intent of the exemptions. Additionally, wording from your original limitation was 

retained to clarify that simulated air combat operations remain prohibited. 
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The LHFE exemptions have never permitted passengers to manipulate the flight controls. 

Only trained crewmembers may manipulate the flight controls. Limitation No. 32 has been 

added to clarify this issue. This clarification also will be added to all LHFE exemptions. 

Limitation No. 33 has been added to require that operators of LHFE 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. This requirement will be added to all LHFE exemptions. 

The FAA has determined that the justification for the issuance of Exemption No. 8565, as 

amended, 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 revised conditions and 

limitations listed below. 

Conditions and Limitations 

1. This exemption applies only to the aircraft listed below: 

a. North American B-17, N3703G; and 

b. Curtis P-40, N2416X. 

2. Liberty must maintain its Limited Category airplanes in accordance with the: 

a. Maintenance requirements as specified in the appropriate type certificate data 

sheet, as amended; 

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(e), (f)(4) and (g); and 

c. The appropriate military technical manuals. 

3. Liberty must maintain its Experimental Airplanes in accordance with the: 

a. Maintenance requirements as specified in their operating limitations; 

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(a) and (b); and 

c. The appropriate military technical manuals. 

4. Prior to conducting operations in accordance with this exemption, Liberty must 

provide records to the Atlanta FSDO showing that they have successfully operated 

the Curtis P-40 for a minimum of 25 hours to demonstrate their ability to operate a 

liquid cooled single engine fighter aircraft. 

5. The PIC for the B-17 must: 
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a. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating, an airplane instrument rating, and the appropriate type rating; 

b. Have completed within the previous 12 calendar months, Liberty's PIC 

qualification and recurrent flight and ground training program in each specific 

airplane for which PIC privileges are sought; 

c. Have completed within the previous 12 calendar months, Liberty's PIC 

proficiency check in each specific airplane for which PIC privileges are 

sought; 

d. Have 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 each specific airplane; 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 

each specific airplane; and 

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

landings to a full stop in each specific airplane for which PIC privileges are 

sought. For initial PIC qualification in a the specific airplane or if the pilot has 

allowed his/her takeoff and landing currency to lapse in each specific airplane 

the takeoff and landing currency may not be accomplished during passengercarrying operations. 

6. The PIC for the single engine airplane must: 

a. Hold at least a commercial pilot certificate with an airplane single-engine land 

rating, an airplane instrument rating, and an FAA authorization to act as PIC of 

the P-40; 

b. Have completed within the previous 12 calendar months, Liberty's PIC 

qualification and recurrent flight and ground training program for each specific 

airplane; 

c. Have completed within the previous 12 calendar months, Liberty's PIC 

proficiency check for each specific airplane; 

d. Have at least a total of: 

(i) 2,500 hours of aeronautical flight experience, 1,000 hours of 

aeronautical flight experience in single-engine land airplanes, and 

25 hours in each specific airplane; 

(ii) 1,000 hours of aeronautical flight experience, 200 hours of 

aeronautical flight experience in a single-engine land airplane, 

and 100 hours and 50 takeoffs and 50 landings in each specific 

airplane; and 
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e. Have accomplished within the previous 90 days, three takeoffs and three 

landings to a full stop in each specific airplane. For initial PIC qualification in 

each specific airplane or if the pilot has allowed his/her takeoff and landing 

currency to lapse in any specific airplane, the takeoff and landing currency 

may not be accomplished during passenger-carrying operations. 

7. The SIC for the B-17 must: 

a. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating and an airplane instrument rating; 

b. Have completed within the previous 12 calendar months, Liberty's SIC 

qualification and recurrent flight and ground training program in each specific 

airplane for which SIC privileges are sought; 

c. Have completed within the previous 12 calendar months, Liberty's SIC 

proficiency check in each specific airplane 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, 100 hours of aeronautical 

flight experience in a multiengine land airplane, and 25 hours and 10 takeoffs 

and 10 landings in each specific airplane for which SIC privileges are sought; 

and 

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

landings to a full stop in the airplane for which SIC privileges are sought. For 

initial SIC qualification in each specific airplane or if the pilot has allowed 

his/her takeoff and landing currency to lapse in the specific airplane, the 

takeoff and landing currency may not be accomplished during passengercarrying operations. 

8. Liberty must develop and maintain written B-17 qualification and recurrent ground 

training programs for its PICs and SICs in the B-17 that covers the training subjects 

listed below. Each PIC and SIC in the B-17 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 an PIC or SIC position in the B-17: 

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; 
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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 assignments 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. 

9. Liberty must develop and maintain a written qualification and recurrent ground 

training program for its PIC in each specific airplane that covers the training subjects 

listed below. Each PIC 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 position in each specific airplane: 

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, controls, and flaps systems; 

k. Propeller; 
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l. Emergency procedures, including— 

(i) Instruction in emergency assignments 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; and 

o. Airplane's checklist. 

10. Liberty must develop and maintain a written B-17 qualification and recurrent flight 

training program for its PIC in the B-17 that covers the areas of operations and tasks, 

as listed in the following table of training tasks. Each PIC in the B-17 must 

successfully accomplish this training before being assigned PIC responsibilities and 

duties. Each PIC in the B-17 must receive and successfully accomplish 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 for Liberty: 

REQUIRED TRAINING TASKS 

a. Preflight Preparation, including— 

(i) Aircraft exam (oral or written); and 

(ii) Aircraft performance & limitations (oral or written). 

b. Ground Operations, including— 

(i) Preflight inspection; 

(ii) Cockpit resource management; 

(iii) Powerplant start procedures; 

(iv) Taxiing; and 

(v) Pre-takeoff checks. 

c. Takeoffs & Departures, including— 

(i) Normal & crosswind takeoffs; 

(ii) Powerplant failure; and 

(iii) Rejected takeoffs. 

d. In-flight Maneuvers, including— 

(i) Steep turns; 
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(ii) Approach to stalls; 

(iii) Powerplant failure; and 

(iv) Specific flight characteristics. 

e. Landings & Approaches to Landing, including— 

(i) Normal & crosswind approaches & landing; 

(ii) Maneuvering to a landing with a simulated powerplant failure; 

(iii) Rejected landing; and 

(iv) Landing from a no flap or a nonstandard flap approach. 

f. Normal & Abnormal Procedures, including— 

(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 (as appropriate and if equipped); 

(ix) Flight control system; 

(x) Anti-ice & de-ice system; and 

(xi) Aircraft & personal emergency equipment. 

g. Emergency Procedures, including— 

(i) In-flight fire & smoke removal; 

(ii) Rapid decompression (as appropriate and if equipped with a pressurization 

system); 

(iii) Emergency descent; 

(iv) Ditching; and 

(v) Emergency evacuation. 

h. Post flight Procedures, including— 

(i) After landing procedures; and 

(ii) Parking and securing aircraft. 

11. Liberty must develop and maintain a written qualification and recurrent flight 

training program for its PICs in each specific single engine airplane that covers the 

areas of operations and tasks, as listed in the following table of training tasks. Each 

PIC must successfully accomplish this airplane specific training before being 

assigned PIC responsibilities and duties. Each PIC must receive and successfully 

accomplish 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 each specific single engine airplane: 
 9

REQUIRED TRAINING TASKS 

a. Preflight Preparation, including— 

(i) Aircraft exam (oral or written); and 

(ii) Aircraft performance & limitations (oral or written). 

b. Ground Operations, including— 

(i) Preflight inspection; 

(ii) Cockpit resource management; 

(iii) Powerplant start procedures; 

(iv) Taxiing; and 

(v) Pre-takeoff checks. 

c. Takeoffs & Departures, including— 

(i) Normal & crosswind takeoffs; 

(ii) Powerplant failure; and 

(iii) Rejected takeoffs. 

d. In-flight Maneuvers, including— 

(i) Steep turns; 

(ii) Approach to stalls; 

(iii) Powerplant failure; and 

(iv) Specific flight characteristics. 

e. Landings & Approaches to Landing, including— 

(i) Normal & crosswind approaches & landing; 

(ii) Maneuvering to a landing with a simulated powerplant failure; 

(iii) Rejected landing; and 

(iv) Landing from a no flap or a nonstandard flap approach. 

f. Normal & Abnormal Procedures, including— 

(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 (as appropriate and if equipped); 

(ix) Flight control system; 

(x) Anti-ice & de-ice system; and 

(xi) Aircraft & personal emergency equipment. 
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g. Emergency Procedures, including— 

(i) In-flight fire & smoke removal; 

(ii) Rapid decompression (as appropriate and if equipped with a pressurization 

system); 

(iii) Emergency descent; 

(iv) Ditching; and 

(v) Emergency evacuation. 

h. Post flight Procedures, including— 

(i) After landing procedures; and 

(ii) Parking and securing aircraft. 

12. Liberty must develop and maintain a written B-17 qualification and recurrent flight 

training programs for its SIC in the B-17 that covers the areas of operations and 

tasks, as listed in the following table of training tasks. Each SIC in the B-17 must 

successfully accomplish this training before being assigned SIC responsibilities and 

duties. Each SIC in the B-17 must receive and successfully accomplish 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-17 for Liberty: 

REQUIRED TRAINING TASKS: 

a. Operational procedures applicable to the powerplant, equipment, and systems; 

b. Performance specifications 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 maneuvering 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. 

13. Liberty may not use a pilot nor may any pilot serve as a pilot in any airplane unless, 

since the beginning of the 12th calendar month before that service, that pilot has 

passed a competency check given by the FAA or an authorized check pilot in that 

airplane to determine the pilot's competence in practical skills and techniques in the 

appropriate airplane. The competency check will consist of the appropriate 

maneuvers and procedures currently required for the original issuance of the 

commercial pilot certificate. 

14. The FAA's Atlanta Flight Standards District Office (FSDO) will determine what 

maneuvers and procedures are critical, such as preflight preparation, ground 
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operations, takeoffs and departures, and normal procedures, etc., and maneuvers and 

procedures that may be unsafe for a particular airplane. 

15. Recurrent flight training for pilots must include, at least, flight training in the 

maneuvers and procedures in this exemption. However, satisfactory completion of 

the check required by this exemption within the preceding 12 calendar months may 

be substituted for recurrent flight training. 

16. Liberty must document and record all ground and flight training and/or testing 

required by this grant of exemption in a manner acceptable to the FAA's Atlanta 

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 ground and flight testing was given; 

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

received; 

h. The airplane identification number in which each flight testing session was 

received; 

i. The name and certificate number of the pilot who provided each session of 

training; 

j. The name and certificate number of the pilot who provided each session of 

testing; 

k. The signature and printed name of the pilot who received the training. That 

pilot's signature will serve as a verification of having received each session of 

training; and 

l. The signature and printed name of the pilot who received the testing. That 

pilot's signature will serve as a verification of having received each session of 

testing. 

17. When requested, the Liberty's pilot qualification and recurrent ground- and flighttraining programs and/or records listed in conditions above must be made available to 

the Atlanta FSDO, 1701 Columbia Ave., College Park, GA, 30337, 404-474-5100. 

18. Liberty must have the services of an FAA-certificated airframe and powerplant 

mechanic or an appropriately rated repair station available at all stopovers to perform 

all required maintenance inspections and repairs. 
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19. Liberty will maintain the following information and records and will make those 

records available for review to the FAA when requested: 

a. The name of each pilot crewmember Liberty authorizes to conduct flight 

operations in its airplanes under the terms of this exemption; 

b. Copies of each PIC's and SIC's pilot certificate, medical certificate, 

qualifications, and initial and recurrent training and testing documentation to 

comply with the conditions listed above; and 

c. Records of maintenance performed and maintenance inspection records to 

comply with the conditions above, as appropriate. Maintenance and inspection 

records must meet the requirements of §§ 91.405, 43.9, and 43.11. 

20. Before permitting a person to be carried on board its airplane for the purposes 

authorized under this exemption, Liberty will inform that person that its airplanes 

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, 

91.319(a)(2), 119.5(g), and 119.21(a). The explanation of the significance of limited 

and experimental airworthiness certificates 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 airplane manufacturing standards. The FAA has not 

established nor has it approved experimental category airworthiness 

certificated airplane manufacturing standards. In contrast, standard category 

airworthiness certificated airplanes are manufactured to FAA-approved 

standards, including standards addressing the design of the airplane and lifelimited parts; 

b. Limited category airworthiness certificated airplanes are issued when the FAA 

finds the airplane: 

ii. Has been previously issued a limited category type certificate and the 

airplane conforms to that type certificate; and 

iii. To be in a good state of preservation and repair and is in a safe operating 

condition. 

c. An airplane may be issued an experimental airworthiness certificate for the 

purpose of exhibition when the airplane is intended only for exhibition of the 

airplane's flight capabilities, performance, or unusual characteristics at 

airshows, motion picture, television, and similar productions and the 

maintenance of exhibition flight proficiency, including (for persons exhibiting 

the airplane) flying to and from such airshows and productions; 

d. Standard category airworthiness certificates are issued for an airplane when the 

FAA finds the: 
 13

i. Airplane has been built and maintained in accordance with that airplane's 

type certification standards as established by the FAA; and 

ii. Airplane's inspection and maintenance requirements are in compliance with 

the applicable Federal Aviation Regulations. 

21. Liberty must notify the Atlanta FSDO within 24 hours of any of the following 

occurrences by written report, by electronic 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 including the turbocharger 

components that causes damage to any engine, structure, cowling, or 

components; 

c. Each airplane 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; 

d. Except for training, each occurrence of engine shutdown or propeller 

feathering, and the reason for 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 cause 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 malfunction, 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 course of any flight; or 

k. For the purpose of this section, "during flight" means the period from the 

moment the airplane leaves the surface of the earth on takeoff until it touches 

down on landing. 

22. 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 sunset, as established in the 

American Air Almanac, as converted to local time; 

c. Within a 25-statute-mile radius of the departure airport with landings only 

permitted at the departure airport; 
 14

d. With a minimum flight visibility of not less than three 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 airport 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. The operator must provide information pertaining to the proposed 

route of flight, which will avoid densely populated areas or congested airways 

in accordance with 14 CFR § 91.319(c) for airplane certificated in the 

experimental category. Those operators utilizing airplane certificated in the 

limited category are not bound by the restriction regarding the avoidance of 

densely populated areas or congested airways; 

f. For passenger-carrying flights greater than 25 statute miles from the departure 

airport and up to 50 statute miles, the PIC 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 statute miles visibility 

and cloud ceilings no less than 2,000 feet AGL; 

g. Passenger-carrying operations shall be terminated if ceiling and visibility 

become less than the minimum required by these conditions and limitations. 

Weather forecasts listing discriminators such as probability (PROB), becoming 

(BECOMG) or temporarily (TEMPO) shall be limiting; and 

h. The airplane may only be operated from an airport that has a fire station or 

fire-fighting services available or within close proximity of the airport. 

23. No persons other than the assigned flight crewmembers may be permitted on the pilot 

station of the airplane during flight operations. 

24. All flight operations must carry no more than the maximum number of passengers 

permitted by the airplane's weight and balance limitations and number of approved 

seats in the airplane. 

25. All airplanes must have the equipment listed in §§ 91.205(b) and 91.207, and that 

equipment must be in an operable condition during the flight. 

26. Liberty 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. 

27. Liberty must notify the Atlanta 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 checks required to be conducted 

under the terms of this grant of exemption. 
 15

28. No later than 72 hours prior to commencing flight operations under the terms of this 

grant of exemption, Liberty 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. 

29. 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). 

30. The PIC is prohibited from performing aerobatic flight while passengers are onboard 

the aircraft. 

31. For all aircraft subject to this exemption, flight within 500 feet of another aircraft 

(i.e., formation flying) is prohibited. Furthermore, formation operations, including 

simulated air combat, are prohibited and not subject to additional waiver. 

32. No persons other than the assigned flight crewmembers may be permitted to 

manipulate the flight controls during flight operations. 

33. The exemption holder 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 and limitations of this grant of exemption will be 

grounds for the immediate suspension or revocation. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 8565, as amended, to 

November 30, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service 
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