AFS

- 1 6

- 10594

- E 800 Independence Ave. S W Washington, D.C. 20591

May 18, 2016

Exemption No. 10 092D Regulatory Docket No. FAA

- 2010

- 0392

Mr. John T. Sessions
Chief Executive Officer Historic Flight Foundation
10719 Bernie Webbe r 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
limit ations.

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 petit ion 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 no t 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 m ay 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, outsid e the normal regulatory structure. In addition,AFS

- 1 6

- 10594

- E

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 ce rtain 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 HF F from conducting operations pursuant to this e xemption. 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) whi ch 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 o f 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 HF F 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 F iled 7

- 20

- 2015]. The FAA has determined that th e 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 inter est. 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), a nd 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 l imitations

.AFS

- 1 6

- 10594

- E

Conditions and Limitations

1. This exemption applies only to the North American B

- 25 D , N 88972

, Serial No. 43

- 3318

.

2. HFF must maintain its Experimental

- Exhibition airplane in accordance with the

—

a. FAA

- approved maintenance inspection program ; an d m aintenance 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 un der 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 ho urs 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 landi ngs 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 du ring 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 mon ths, 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 soug ht;

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 totalAFS

- 1 6

- 10594

- E of 500 hours of aeronautical flight experience, 100 hours of aeronautical fligh t 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 wr itten 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. Airspeed s; 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 emerg ency 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 extingu ishers, 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 electric al 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; andAFS

- 1 6

- 10594

- E

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 F light
S tandards D istrict O ffice (FSDO) m u st 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 an d 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 (ora l 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;AFS

- 1 6

- 10594

- E (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 system s (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 m u st 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 t he 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 procedur es 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.AFS

- 1 6

- 10594

- E

8. HFF may not use a pilot nor may any pilot serve as a pilot in any aircraft unless, since the beginning of the 12 th 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 tr aining 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 f

light 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. T he 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 signa ture 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.AFS

- 1 6

- 10594

- E

12. HFF must have the services of an FAA

- certificated airframe and powerplant me chanic 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 whe n 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 tr aining and testing documentation to comply with condition above; and

c. Records of maintenance performed and maintenance inspection records to comply
with C ondition Nos. 2 and 1 1 . Maintenance and inspection records must meet the requirements of §§ 43.9, 43.1 1, 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 a n experimental airworthiness certificate; the significance of the air worthiness 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 sp ecial 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 experimenta l category , special airworthiness certificated aircraft manufacturing standards. In contrast, standard category airworthiness certificated aircraft are manufactured to FAA

- approved

s tandards, including standards addressing the design of the aircraft and li fe

- limited parts;

b. An airplane may be issued an experimental airworthiness certificate for the purpose
of exhibition when the air plane i s intended only for exhibition of the aircraft's flight capabilities, performance, or unusual characteristics at airshows , motion picture, television, and similar productions and t he 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 a re 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 wit h the applicable Federal Aviation Regulations.AFS

- 1 6

- 10594

- E

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 syste m 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 feath ering;

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 malfuncti on, 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 th e earth on takeoff until it touches down on landing.

16. All flig ht 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 Ame rican 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 le ss 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 a viation event. For such flights, landings are only permitted at the departure airport. TheAFS

- 1 6

- 10594

- E operator must provide information pertaining to the proposed route of flight, which will avoid densely populated areas or congested airways in accordance with 14 CF R § 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 be come 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 fire

fighting 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 opera tions 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 equipmen t 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 requi red 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 ope rations 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 fro m performing aerobatic flight while passengers are onboard the
aircraft.AFS

- 1 6

- 10594

- E

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 an alysis 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 Uni ted 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 10 092 D

. The Effect of Our Decision

This exemption terminates on J une 30, 201 8 , unle ss sooner superseded or rescinded.

Sincerely,

/s/
John S. Duncan Director, Flight Standards Service