AFS-16-4367-E

March 30, 2016

 Exemption No. 10977A 

 Regulatory Docket No. FAA-2009-1034

Ms. Sheryl Carlucci

Executive Director

North Bay Air Museum, Inc.

23982 Arnold Drive

Sonoma, CA 95476

Dear Ms. Carlucci: 

This letter is to inform you that we have granted your petition to extend Exemption No.10977, 

and the FAA has amended the exemption to add § 91.9(a), which was inadvertently left from 

the list of applicable regulations subject to relief provided by this exemption. It explains the 

basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision

By letter dated November 1, 2015, you petitioned the Federal Aviation Administration (FAA)

on behalf of North Bay Air Museum, Inc. (NBAM), for an extension of Exemption No. 10977. 

That exemption, from §§ 91.315, 119.5(g), and 119.21(a) of Title 14, Code of Federal 

Regulations (14 CFR), allows NBAM to conduct Living History Flight Experience Exemption

(LHFE) operations in its North American F-51 (F-51) and Curtis P-40 (P-40). 

In your petition, you indicate that there has been no 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 extension of the exemption, as amended, would 

not set a precedent, and any delay in acting on this petition would be detrimental to NBAM.
2

Our Decision

Please note that the conditions and limitations included with an exemption may not be 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 because the 

proposed operation is, by its need for an exemption, outside the normal regulatory structure. In 

addition, the FAA may, when necessary, revise the conditions and limitations or require 

corrective action in order to adequately mitigate safety concerns and risk factors as they 

become known.

The FAA has amended the exemption to add § 91.9(a), which was inadvertently left from the 

list of applicable regulations subject to relief provided by this exemption. Although the 

petitioner has requested relief from §§ 91.315,119.5(g), and 119.21(a) to operate certain 

aircraft for the purpose of carrying passengers for compensation or hire on living history flight 

experience flights, the FAA has determined that certain conditions and limitations may 

preclude NBAM from conducting operations pursuant to this exemption. Those conditions 

and limitations are prescribed as part of the special airworthiness certificate issued for 

experimental or limited category aircraft. Adherence to those conditions and limitations is 

required by pertinent parts of § 91.9(a) which prescribe that: “No person may operate a civil 

aircraft without complying with the operating limitations specified in the approved Airplane 

or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the 

certificating authority of the country of registry.”

Generally, the FAA issues a limitation that states that no person may operate the aircraft 

carrying persons or property for compensation or hire (see aircraft-specific operating 

limitations). This one limitation issued with the airworthiness certificate is the only limitation 

to which the exemption from §91.9 (a) is applied. Therefore, the FAA finds that it is 

appropriate to exempt NBAM from § 91.9(a) to the extent necessary to conduct operations 

pursuant to this exemption. 

NOTE: On July 21, 2015, the FAA published the “Policy Regarding Living History Flight 

Experience Exemptions (LHFE) for Passenger Carrying Operations Conducted for 

Compensation and Hire in Other Than Standard Category Aircraft” (FAA Policy). [FR Doc. 

2015-17966 Filed 7-20-2015]. The FAA has determined that this “FAA policy” will require 

substantial efforts on the part of existing LHFE holders and the FAA; as such the FAA will 

consider renewal petitions absent any substantial changes for existing LHFE holders until July 

31, 2017. New LHFE entrants or requests to add aircraft to existing LHFE petitions will be 

required to demonstrate they meet the requirements stated within the July 2015 policy. After 

July 31, 2017 all LHFE petitioners must be able to demonstrate existence of the requirements 

stated within the July 2015 policy for consideration of renewal, additions, or new entry.

The FAA has determined that the justification for the issuance of Exemption No. 10977, 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. 106(f), 40113 and 44701, which the 
3

FAA Administrator has delegated to me, I hereby grant North Bay Air Museum, Inc. 

(NBAM) an exemption from 14 CFR §§ 91.9(a), 91.315, 119.5(g), and 119.21(a) to 

conduct historical flight experience operations in its North American F-51D Serial No. 44-

74483 (P-51) and Curtis P-40N Serial No. 42-105306 (P-40), subject to the conditions and 

limitations described below.

Conditions and Limitations

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

 North American F-51D, N51GP, Serial No. 44-74483; and 

 Curtis P-40N, N540TP, Serial No. 42-105306.

2. NBAM must maintain its limited category airplanes in accordance with the: 

a. Maintenance requirements and limitations (and Notes) as specified in the 

appropriate TCDS, as amended;

b. FAA-approved maintenance inspection program; and

c. Most current military technical manuals for airframe, powerplant, and systems 

(operational military F-51 in the U.S.) and/or the technical guidance provided 

under the Military Assistance Program (MAP) thereafter.

3. The Pilot in Command (PIC) for the F-51 and P-40 must:

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

rating, an airplane instrument rating, and endorsements as required;

b. Have completed within the previous 12 calendar months, the exemption 

holder’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, the exemption 

holder’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 single-engine 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 

single-engine 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 the specific airplane or if the pilot has 

allowed his/her takeoff and landing currency to lapse in each specific airplane, 
4

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

4. NBAM must develop and maintain written F-51 and P-40 qualification and recurrent 

ground training programs for its PICs in the F-51 and P-40 that cover the training 

subjects listed below. 

5. Each PIC in the F-51 and P-40 must receive the following training within the previous 

12 calendar months and be found to be competent and knowledgeable in these areas 

prior to serving in a PIC position in the F-51 and P-40:

REQUIRED TRAINING TASKS

a. General information and description of the airplane;

b. Airplane limitations;

c. Airplane 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;

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.

Note: All limitations in the applicable technical guidance (i.e. FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the FSDO must be 
5

contacted for additional guidance. 

6. NBAM must develop and maintain written F-51 and P-40 qualification and recurrent 

flight training programs for its PICs in the F-51 and P-40 that cover the areas of 

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

F-51 and P-40 must successfully accomplish this training before being assigned PIC 

responsibilities and duties. Each PIC in the F-51 and P-40 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 F-51 and P-40 for NBAM:

REQUIRED TRAINING TASKS

a. Preflight Preparation—

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

(ii) Airplane 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) Power off landings;

(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 & pressurization system (as appropriate and if equipped);

(vi) Fire detection & extinguishing system;

(vii) Navigation & avionics system;
6

(viii) Automatic flight control system, electronic flight instrument system, & related

systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti-ice & deice system; and 

(xi) Airplane & personal emergency equipment.

g. Emergency Procedures—

(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—

(i) After landing procedures; and

(ii) Parking and securing airplane.

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the FSDO must be 

contacted for additional guidance. 

7. NBAM 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. The FAA’s local jurisdictional Flight Standards District Office (FSDO) 

where the aircraft is permanently based will determine what maneuvers and procedures 

are critical, such as preflight preparation, ground operations, takeoffs and departures, 

and normal procedures, etc., and maneuvers and procedures that may be unsafe for a 

particular airplane.

8. 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.

9. NBAM 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 local 

jurisdictional FSDO where the aircraft is permanently based. That documentation and 

records 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 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.

10. When requested, the exemption holder’s pilot qualification and recurrent ground- and 

flight-training programs and/or records listed in conditions above must be made 

available to the FAA’s local jurisdictional FSDO where the aircraft are permanently 

based.

11. NBAM 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.

12. NBAM 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 NBAM authorizes to conduct flight 

operations in its airplanes under the terms of this exemption;

b. Copies of each PIC’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 §§ 43.9, 43.11, and 91.405.
8

13. Before permitting a person to be carried on board its airplanes for the purposes 

authorized under this exemption, NBAM 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, 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 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 certificates are issued when the FAA finds the 

airplane—

(i) Has been previously issued a limited category type certificate and the 

airplane conforms to that type certificate; and

(ii) To be in a good state of preservation and repair and is in a safe operating 

condition;

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

FAA finds the—

(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.

14. NBAM must notify the FAA’s local jurisdictional FSDO where the aircraft are 

permanently based 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;
9

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 system 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 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; 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 takeoff until it touches 

down on landing.

15. 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;

d. With a minimum 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 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 aircraft certificated in the experimental 

category. Those operators utilizing aircraft 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. Passenger-carrying operations shall 
10

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

g. 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. 

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

station of the airplanes during flight operations.

17. 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.

18. 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.

19. NBAM 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.

20. NBAM must notify the FAA’s local jurisdictional FSDO where the aircraft are 

permanently based at least 5 working days (Mondays through Fridays) before 

conducting any PIC initial or recurrent qualification training and any PIC initial or 

recurrent proficiency checks required to be conducted under the terms of this grant of 

exemption.

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

grant of exemption, NBAM 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. 

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

the aircraft. 

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

(i.e., formation flying) is prohibited.

24. 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).
11

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

manipulate the flight controls during flight operations.

26. NBAM 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

This exemption terminates on April 30, 2018 unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service