AFS

- 14

- 121

- E April 10, 2014

Exemption No. 10977 Regulatory Docket No. FAA

- 2009

- 1034

Ms. Sheryl Carlucci

Executive Director North Bay Air Museum , Inc.

23982 Arnold Drive Sonoma, CA 95476

Dear M s. Carlucci :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

T h e Basis f or O u r D ec is i on

B y letter d a ted December 26, 2013

, 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 the 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. 9996. Th a t e x e mp t ion f r om §§ 91.315, 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 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

- 51 ( F

- 51) a nd Curtis P

- 40 (P

- 40). Exemption No. 9996 expired on January 31, 2014 . Therefore, we will treat your request as a new petition.

A review of your petition appears to 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 F AA h a s det e rmin e d that g ood ca use e x is t s for not pub l ish i n g a summa r y of the

p e t i t i on in t he Fe d e r a l R e g is t e r b eca use the re qu e sted e x e mp t ion would not set a pr e ce d e nt,
and a ny d e lay in a c t i ng on th i s petition would be d e triment a l t o NBAM

.2

The F AA h a s i s sued a g r a nt of e x e mp t ion i n c ir c ums t a n ce s s i m i lar in all ma te r ial r e spe c ts t o those p re s e nted in y our pe t i t i on. I n G ra nt of E x e mp t ion No. 9996

, the F AA found that preserving historic U.S. aircraft is in the public interest, in the same manner that preserving historic buildings, landm arks, and neighborhoods has been determined to be in the public interest. While the aviation history can be represented with static displays in museums in the same manner that historic landmarks can be represented in museums, the public has shown a

willin gness to support the preservation and operation of historic aircraft and a desire to experience flights in them.

H a ving re vie we d y our rea sons for re qu e st i ng a n e x e mp t ion, I f ind t h a t

—

• they a re si m i l a r in a ll mat e ri a l r e spe c ts t o r e l i e f p re viously re qu e st ed in the e n c losed

G r a nt of E x e mp t ion No. 9996 ;

• the rea sons stat e d by the F AA f or g r a nt i ng E x e mp t ion N o . 9996 a lso a pply to t he

si t u a t i on y ou p re s e nt; a nd

• a g r a nt of e x e mp t ion i s in t he publ i c in t e r e st.

O u r D ec is i on

The conditions and limitations of this exemption differ from those of Exemption No. 9996

. First, detail was added to the specific aircraft references , namely by version and serial

number . Second, detail was also added to the applicable operational and maintenance

documentation for both aircr aft. These changes are to provide consistency of the safety

related aspects of the conditions and limitations. The FAA will be making these changes to

all living history flight experience ( LHFE ) exemptions as they are amended or extended.

Please note th at 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 fa ct that the proposed operation is, by its need for an exemption, outside the normal regulatory

structure.

Limitation 1 was changed by adding the references to the version of the aircraft and their respective serial numbers.

Limitation 2 was changed to i nclude more detailed references to the applicable civil and military operational, maintenance, and inspection guidance applicable to both aircraft. References to the applicable Type Certificate D ata Sheets ( TCDS ) for both aircraft were

also added.

Limit ation 4 was split into two separate limitations (limitations 4 and 5) to ensure a better understanding of the intent. Subsequent limitations were renumbered.3

A note was added to Limitation 5 and Limitation 6 to provide for a process should any conflic t arises between the limitations in the applicable technical guidance and the FAA

- issued operating

limitations

.

Und e r the a uthority c ontained in 49 U.S. C

. §§ 106(f), 40113

, a nd 44701, whi c h the F AA

Admin i str a tor h a s del e g a ted to me, I her e by g r a nt No r th B a 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 §§ 91.315, 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 ( F

- 51) a nd Curtis P

- 40N (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 airplane s listed below:

• North American F

- 51 D , N51GP , Serial No. 44

- 74483 ; and

• Curtis P

- 40 N , N540TP , Serial No. 42

- 105306

.
2. NBAM must maintain its limited c ategory airplane s 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 milita ry F

- 51 in the U

. S

. ) and/or the technical guidance provided

under the Military Assistance Program (MAP) thereafter

.

3. The PIC for the F

- 51 and P

- 40 must:

a. Hold at least a commercial pilot certificate with an airplane s ingle

- engine land rating, an airpla ne instrument rating, and endorsements as required;

b

. Have completed within the previous 12 calend ar 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 calend ar 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 aeronautica l flight experience in a single

- engine land airplane, and 100 hours and 50 takeoffs and 50 landings in each specific airplane; and4

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

, the takeoff and landing currency may not be accomplished during passenger

carrying operations.

4. NBA M 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 with in the previous 12 calendar months and be found to be competent and knowledgeable in these areas prior to se rving in a PIC position in the F

- 51 and P

- 40:

REQUIRED TRAINING TASKS a. General information and description of the airplane; b. Airplane limitat ions ; 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, i ncluding 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

.5

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 mu st be contacted for additional guidance.

6. NBAM must develop and maintain written F

- 51 and P

- 40 qualification and recurrent flight training program s for its PIC s 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 f ollowing 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 (ora l 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 & De partures

— (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 & Appro aches 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) Elect rical system ;6

(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 flig ht instr ument system, & related systems (as appropriate and if equipped) ; (ix) Flight c ontrol s ystem ; (x) Anti

- ice & deice s ystem ; and (xi) Airplane & personal emergency equipment

. g. Emergency Procedures

— (i) In

- flight fire & smoke removal ; (ii) Rapid decompres sion (as appropriate and if equipped with a pressurization system) ; (iii) Emergency descent ; (iv) Ditching ; and (v) Emergency e vacuation

. h. Post

- flight Procedures

— (i) After landing procedures; and (ii) Parking and securing airplane

.

Note: All limitat ions 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 f or 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 che ck 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 commerc ial pilot

certificate. The FAA ’ s local jurisdictional F light S tandards D istrict O ffice (FSDO) where the aircraft is permanently based will determine what maneuvers and procedures are critical, such as preflight preparation, ground operations, take offs 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. H owever, 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 local7

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 te sting session;

c. T he amount of time of each session of g round 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 grou nd and fli ght testing was given;

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

h. The airplane identification number in which each flig ht testing session was received;

i. The name and certificate number of the pilot who provide d ea ch session of training ;
j. The name and certificate number of the pilot who p rovided 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 re ceived each s ession 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 re current 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 inform ation and records and will make t hose

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;8

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 t he requirements of §§ 43.9, 43.11 , and 91.405

.

13. Before permitting a person to be carried on board its airplane s 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 m anufacturing standards. In contrast, standard category airworthiness certificated airplanes are manufactured to FAA

- approved standards, including standards addressing the design of the a irplane and life

limited parts;

b. Limited category airworthiness certif icate s 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 repa ir and is in a safe operating

conditi on;

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

r eport, 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;9

b. Each exhaust system component failure

, including the turbocharger

co mponents

, that causes damage to any engine, st ructure, cowling, or
components;

c. Each airplane component or system that causes, during flight, accumulation or circulation of noxious fumes, smoke, or vapor in any po rtion of the cabin or

crew area;

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

and the reason for such shutdown o r feathering;

e. Each failure of the propeller governin g systems or feathering systems;

f. Any landing gear system or component failures or malfunctions, whic h require use of emergen cy or standby extension systems;

g. Each failure or malfunction of the wheel brake system that cause s loss of brake control on the ground;

h. Each airplane structure that requires major repair due to damage, deformation,

or corr osion, 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 depar ture 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 departu re 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 pr oposed route of flight, which will avoid densely populated areas or congested airways in10

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 a nd 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

be termin ated 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 airplane s during flight operations.

17. A ll 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 li sted 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 organ ization

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 ini tial 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.11

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).

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 airc raft 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 e x e mp t ion t e rmin a tes on April 3 0 , 201 6 , unless soon e r sup e rs e d e d or re s c inded.

Sincerely,

/s/

John Barbagallo Acting Deputy Director, Flight Standards Service