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800 Independence Ave. S W

Washington, D.C. 20591

May 18, 2016

 Exemption No. 10092D

 Regulatory Docket No. FAA-2010-0392

Mr. John T. Sessions

Chief Executive Officer

Historic Flight Foundation

10719 Bernie Webber Drive

Mukilteo, WA 98275-5011

Dear Mr. Sessions:

This letter is to inform you that we have granted your request to extend Exemption No. 10092, 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 April 4, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Historic Flight Foundation (HFF) for an extension to Exemption No. 10092, as 

amended. That exemption from §§ 91.319(a)(2), 119.5(g), and 119.21(a) of Title 14, Code of 

Federal Regulations (14 CFR) allows HFF to operate a North American B-25D (N88972) for the 

purpose of carrying passengers on local educational and historical flights for compensation or 

hire.

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 would not set a precedent 

and any delay in acting on this petition would be detrimental to HFF.

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, 
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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 14 CFR §§ 91.319(a)(2), 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 (LHFE) flights, the FAA has determined that certain conditions and limitations may 

preclude HFF 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 which the exemption 

from § 91.9(a) is applied to. Therefore, the FAA finds that it is appropriate to exempt the HFF 

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 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 the 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 FAA Policy. After July 31, 2017 all LHFE petitioners must be 

able to demonstrate existence the requirements stated within the FAA Policy for consideration of 

renewal, additions, or new entry.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10092, as 

amended, remains valid and is in the public interest. Therefore, under the authority provided by 

49 U.S.C. 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, I grant

Historic Flight Foundation (HFF) an extension of its exemption from sections §§ 91.9(a), 

91.319(a)(2), 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) to 

operate a North American B-25D (N88972) for the purpose of carrying passengers on local 

educational and historical flights for compensation or hire, subject to the following conditions 

and limitations. 
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Conditions and Limitations 

1. This exemption applies only to the North American B-25D, N88972, Serial No. 43-3318.

2. HFF must maintain its Experimental-Exhibition airplane in accordance with the—

a. FAA-approved maintenance inspection program; and maintenance requirements as 

specified in the B-25 limited type specification sheet AL-2 as amended;

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

operational military B-25 in the U.S. or the technical guidance provided under the 

Military Assistance Program (MAP).

3. The pilot in command (PIC) for the B-25 must—

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, HFF’s PIC qualification 

and recurrent flight and ground training program in the B-25 for which PIC 

privileges are sought;

c. Have completed, within the previous 12 calendar months, HFF’s PIC proficiency 

check in the B-25 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 the 

B-25; 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 the B-25; and

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

a full stop in the B-25 for which PIC privileges are sought. For initial PIC 

qualification in the B-25 or if the pilot has allowed his/her takeoff and landing 

currency to lapse in the B-25, the takeoff and landing currency may not be 

accomplished during passenger-carrying operations.

4. The second in command (SIC) for the B-25 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, HFF’s SIC qualification 

and recurrent flight and ground training program in the B-25 for which SIC 

privileges are sought;

c. Have completed, within the previous 12 calendar months, HFF’s SIC proficiency 

check in the B-25 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 
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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 the B-25; and

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

a full stop in the B-25 for which SIC privileges are sought. For initial SIC 

qualification in the B-25 or if the pilot has allowed his/her takeoff and landing 

currency to lapse in the B-25, the takeoff and landing currency may not be 

accomplished during passenger-carrying operations.

5. HFF must develop and maintain a written B-25 qualification and recurrent ground 

training program for its PICs and SICs in the B-25 that covers the training subjects listed 

below. Each PIC and SIC in the B-25 must receive the following training within the 

previous 12 calendar months and be found to be competent and proficient in these areas 

prior to serving in a PIC or SIC position in the B-25: 

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; 

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
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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 Seattle Flight 

Standards District Office (FSDO) must be contacted for additional guidance.

6. HFF must develop and maintain a written B-25 qualification and recurrent flight training 

program for its PICs in the B-25 that covers the areas of operations and tasks, as listed in 

the following table of training tasks. Each PIC in the B-25 must successfully accomplish 

this training before being assigned PIC responsibilities and duties. Each PIC in the B-25 

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-25 for the exemption holder:

REQUIRED TRAINING TASKS

a. Preflight Preparation—

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

(ii) Aircraft 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) Simulated Powerplant failure; and

(iii) Rejected takeoffs;

d. In-flight Maneuvers—

(i) Steep turns;

(ii) Approach to stalls;

(iii) Powerplant failure; (actual shutdown and re-start procedure for 

initial PIC qualification, all other powerplant failure training may be 

simulated);

(iv) Specific flight characteristics;

e. Landings & Approaches to Landing—

(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—

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;
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(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 & deice system; and

(xi) Aircraft & 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. Postflight Procedures—

(i) After landing procedures; and

(ii) Parking and securing aircraft.

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 Seattle

FSDO must be contacted for additional guidance.

7. HFF must develop and maintain a written B-25 qualification and recurrent flight training 

program for its SICs in the B-25 that covers the areas of operations and tasks, as listed in 

the following table of training tasks. Each SIC in the B-25 must successfully accomplish 

this 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-25 for HFF:

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.
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8. HFF may not use a pilot nor may any pilot serve as a pilot in any aircraft 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 aircraft to 

determine the pilot’s competence in practical skills and techniques in the appropriate 

aircraft. The competency check will consist of the appropriate maneuvers and 

procedures currently required for the original issuance of the commercial pilot 

certificate. The Seattle FSDO 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 aircraft. 

9. 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. 

10. HFF 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 Seattle 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.

11. When requested, the HFF’s pilot qualification and recurrent ground- and flight-training 

programs and/or records listed in condition above must be made available to the Seattle 

FSDO. 
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12. HFF 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.

13. HFF 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 HFF authorizes to conduct flight operations in 

its airplanes under the terms of this exemption;

b. Copies of each PICs and SICs pilot certificate, medical certificate, qualifications, 

and initial and recurrent training and testing documentation to comply with condition 

above; and

c. Records of maintenance performed and maintenance inspection records to comply 

with Condition Nos. 2 and 11. Maintenance and inspection records must meet the 

requirements of §§ 43.9, 43.11, and 91.405.

14. Before permitting a person to be carried on board its aircraft for the purposes authorized 

under this exemption, HFF will inform that person that its airplanes hold only an 

experimental 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 §§91.319(a)(2), 119.5(g), and 

119.21(a). The explanation of the significance of a special airworthiness certificate 

(experimental-exhibition), experimental 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 experimental category, special

airworthiness certificated aircraft manufacturing standards. In contrast, standard 

category airworthiness certificated aircraft are manufactured to FAA-approved 

standards, including standards addressing the design of the aircraft and life-limited 

parts;

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

of exhibition when the airplane is intended only for exhibition of the aircraft'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 aircraft) flying to and from such 

airshows and productions; and

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

finds the—

i. Aircraft has been built and maintained in accordance with that aircraft's type 

certification standards as established by the FAA; and

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

the applicable Federal Aviation Regulations.
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15. HFF must notify the Seattle 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 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.

16. 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 
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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. 

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 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 aircraft may only be operated from an airport that has a fire station or firefighting services available or within close proximity of the airport.

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

station of the airplane during flight operations. 

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

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

in the airplane.

19. HFF’s B-25D must have the equipment listed in §§ 91.205(b) and 91.207 and that 

equipment must be in an operable condition during the flight.

20. HFF 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.

21. HFF must notify the Seattle 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.

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

grant of exemption, HFF 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.

23. This grant of exemption pertains to the operation of the HFF North American B-25D, 

N88972, certificated in the Experimental-Exhibition category.

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

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

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

26. 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).

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

the flight controls during flight operations.

28. HFF 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.

29. This exemption is not valid for operations outside of the United States.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or revocation of Exemption 10092D.

The Effect of Our Decision

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service