AFS

- 16

- 4367

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M a rch 30, 2016

Exemption No. 10977 A Regulatory Docket No. FAA

- 2009

- 1034

Ms. Sheryl Carlucci

Executive Director North Bay Air Museum, Inc.

239 82 Arnold Drive Sonoma, CA 95476

Dear Ms. Carlucci:

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

, and t he FAA has amended the exemption to add § 91.9(a), which was inadvertently left from the list of appl icable regulations subject to relief provided by this exemption

. It explains the

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

The Basis for Our Decision

B y letter d a ted November 1, 2015

, y ou p e t i t i on e d the F e d e r a l Aviation Adm i nis t r a t i on ( F A A )

on b e h a lf of No r th Ba y Air Mus e u m , I n c

. ( N B AM), f

or a n e x tension of E x e mp t ion No. 10977.

Th a t e x e mp t ion

, f

r om §§ 91.31 5 , 119.5( g )

, a nd 119.21 (a ) of Title 14, Code of Fe d e r a l

R e g ulations ( 14 C F R)

, a l l ows N B AM to condu c t Liv ing Hist ory Flight Experience Exemption (LHFE) op e r a t i ons in i t s No r th Ame r ic a n F

- 51 ( F

- 51) a nd 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 we re 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, a nd any delay in acting on this petition would be det rimental to NBAM

.2

Our Decision

Please note that the conditions and limitations included with an exemption may not be based on specif ic regulations, but are the FAA’s means of ensuring an equivalent leve l 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 conditio ns 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 §§ 91.31 5 ,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 experie nce 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 fo r 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 aircraf t 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 P assenger 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 exi sting 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 demo nstrate 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 en try. The FAA has determined that the justification for th e 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 4470 1, which the3

FAA Administrator has delegat ed to me, I her e by g r a nt No r th Ba y Air Mus e u m , I n c

. ( N B AM) a n e x e mp t ion f

r om 14 C F R §§ 91.9(a), 91.315, 119.5( g )

, a nd 119.21 (a ) to
condu c t h i storic a l fli g ht e x p e ri e n c e op e r a t i ons in i t s No r th Ame r ic a n F

- 51D Serial No. 44

- 74483 (P

- 51) a nd Curtis P

- 40N Serial No. 42

- 105306 (P

- 40), sub j ec t t o the c ondi t ions and

lim i tations d e s c rib e d b e low.

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 maintenan ce 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 P ilot in Co mmand (P IC ) 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, t he 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 airpl ane; 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 accomplish ed 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 c urrency to lapse in each specific airplane,4

the takeoff and landing currency may not be accomplished during passenger

carrying operations.

4. NBAM must develop and maintain written F

- 51 and P

- 40 qualification and recurrent ground training programs for its PI Cs 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. En gines; 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) Indivi dual 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 ot her 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

limit ations), 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 be5

contacted for additional guidance.

6. NBAM must develop and maintain written F

- 51 an d 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 area s 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; an d (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 confl ict 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,

sinc e 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 appropriat e airplane. The competency check will consist of the appropriate maneuvers and procedures currently required for the original issuance of the commerc ial pilot

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

where the a ircraft 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 ma y 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 groun d 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 sig nature 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 signat ure 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 t he 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 ma intenance 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 a irplanes 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 per formed 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 fo r 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 t he 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 incl ude 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 F AA

- approved standards, including standards addressing the design of the airplane and life

limited 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 b een 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 t hat 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 featheri ng;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 tha t 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 e arth 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 Americ an 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 aviati on 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 passeng er

- 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 w ould be no less than 5 statute miles visibility and cloud ceilings no less than 2,000 feet AGL. Passenger

- carrying operations shall10

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 c lose 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 permitte d 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 loca l 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 conduc ted 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 sha ll 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 aircr aft (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 perm itted 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 conditio ns 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

Thi s exemption terminates on April 30

, 20 18 unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standard s Service