AFS-16-7732-E

April 26, 2016

 Exemption No. 9705E

 Regulatory Docket No. FAA-2008-0479

Mr. Dana Dorsey

Director of Operations, Chief Pilot

American Aeronautical Foundation

P.O. Box 22

Camarillo, CA 93011-0022

Dear Mr. Dorsey:

This letter is to inform you that we have granted your petition to extend Exemption No. 9705, 

as amended. It transmits our decision, explains its basis, and gives you the conditions and 

limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated February 9, 2016, you petitioned the Federal Aviation Administration (FAA) 

on behalf of the American Aeronautical Foundation (AAF) for an extension of Exemption No.

9705, as amended. That exemption from §§ 91.315, 119.5(g) and 119.21 of Title 14, Code of 

Federal Regulations (14 CFR) allows AAF to operate its B-25J Mitchell Bomber (B-25), 

Registration Number N30801 and Serial No. 44-30801, for the purpose of carrying passengers 

on local flights for educational and historical purposes 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 AAF.

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. 
2

This may necessitate limitations that go beyond the established regulations because the 

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

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

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

become known.

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

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

petitioner has requested relief from 14 CFR §§ 91.315, 119.5(g), and 119.21(a) to operate 

certain aircraft for the purpose of carrying passengers for compensation or hire on Living 

History Flight Experience (LHFE) flights, the FAA has determined that certain conditions and 

limitations may preclude AAF 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 AAF 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 this FAA Policy will require substantial efforts on 

the part of existing LHFE holders and the FAA. As such, the FAA will consider renewal 

petitions absent any substantial changes for existing LHFE holders until July 31, 2017. New 

LHFE entrants or requests to add aircraft to existing LHFE petitions will be required to 

demonstrate they meet the requirements stated within the 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. 9705, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 
3

under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant American Aeronautical Foundation (AAF) an

exemption from 14 CFR §§ 91.9(a), 91.315, 119.5(g), and 119.21 to operate its B-25J 

Mitchell Bomber (B-25) (N30801 and Serial No. 44-30801) for the purpose of carrying 

passengers on local flights for educational and historical purposes for compensation or hire,

subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption applies only to the B-25, Registration No. N30801 and Serial No. 44-

30801.

2. AAF must maintain the B-25 in accordance with thea. Maintenance requirements as specified in the B-25 limited type specification

sheet AL-2, dated January 29, 2014, as amended;

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(e), (f)(4), and (g); and

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

operational military B-25 in the United States (U.S.) or the technical guidance 

provided under the Military Assistance Program (MAP), thereafter.

3. The pilot-in-command (PIC) for the B-25 musta. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating, an airplane instrument rating, and a B-25 type rating;

b. Have completed, within the previous 12 calendar months, AAF’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, AAF’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 a B-25; or 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 a B-25; and
4

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

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

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

landing currency to lapse in a 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 musta. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating and an instrument airplane rating;

b. Have completed, within the previous 12 calendar months, AAF’s SIC 

qualification and recurrent flight and ground training program in a B-25 for 

which SIC privileges are sought;

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

proficiency check in a 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 of 500 hours of aeronautical flight experience, 100 hours of aeronautical 

flight experience in a multiengine land airplane, and 25 hours of 10 takeoffs 

and 10 landings in a B-25; and

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

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

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

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

be accomplished during passenger-carrying operations.

5. AAF 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 the 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;
5

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 on the handling of emergency situations, 

including-

(A) Fire in flight or on the surface and smoke control 

procedures with emphasis on electrical equipment and 

related circuit breakers found in cabin areas; and

(B) Illness, injury, or other abnormal situations involving 

passengers or crewmembers;

m. Weight and balance;

n. Performance planning;

o. Airplane’s checklist; and

p. Differences in type.

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

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

applicable technical guidance and the FAA-issued operating limitations, the Flight Standards 

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

6. AAF 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 AAF:

REQUIRED TRAINING TASKS

a. Preflight Preparation:

(i) Aircraft exam (oral or written); and
6

(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 failures; 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); and

(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;

(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 & de-ice 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); 
7

(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 FSDO must be 

contacted for additional guidance.

7. AAF 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 before being assigned SIC responsibilities and 

duties. Each SIC 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 an SIC position in the B-25 for AAF:

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.

8. AAF 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 FAA’s Van Nuys 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.
8

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. AAF 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 Van Nuys 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 AAF’s pilot qualification and recurrent ground- and flighttraining programs and/or records listed in the conditions and limitations above must be 
9

made available to the Van Nuys FSDO 16501 Sherman Way, Suite 330, Van Nuys, 

California 91406; (818) 904-6291.

12. AAF must have the services of an FAA-certificated airframe and power plant

mechanic or an appropriately rated repair station available at all stopovers to perform 

all required maintenance inspections and repairs.

13. AAF 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 AAF authorizes to conduct flight 

operations in its airplanes under the terms of this exemption;

b. Copies of each PIC’s and SIC’s pilot certificate, medical certificate, 

qualifications, and initial and recurrent training and testing documentation to 

comply with the conditions and limitations above; and

c. Records of maintenance performed and maintenance inspection records to 

comply with the conditions and limitations above. Maintenance and inspection 

records must meet the requirements of §§ 91.405, 43.9, and 43.11.

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

authorized under this exemption, AAF 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 §§ 91.9(a), 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 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. Limited category airworthiness certificates are issued when the FAA finds the 

airplane—

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

aircraft conforms to that type certificate; and

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

operating condition.
10

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.

15. AAF must notify the Van Nuys 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; or
11

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 three 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. Those operators utilizing aircraft certificated in the limited category 

are not bound by the restriction regarding the avoidance of densely populated 

areas or congested airways;

f. For passenger-carrying flights greater than 25 statute miles from the departure 

airport and up to 50 statute miles, the PIC must obtain weather reports and 

forecasts prior to flight and valid for the duration of the proposed operation that

indicate that the weather would be no less than 5 statute miles visibility and 

cloud ceilings no less than 2,000 feet AGL. Passenger-carrying operations 

shall 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;

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;

h. Operations conducted for the purpose of dispersing human remains must 

comply with applicable Federal, state, and local laws and regulations governing 

the dispersal of human remains;
12

i. When scattering human remains over water, the operator must travel at least 3 

miles off the coast before scattering ashes. US Code specifies this as the 

minimum distance from which scattering is permitted. In addition to any other 

Environmental Protection Agency (EPA) requirements, the operator must 

report the details of the scattering to the EPA Regional Office as referenced in 

US Code 40 CFR 229.1;

j. The operator may not release any human remains over any private property 

without express written permission of the property owner;

k. The operator may not release any human remains over or on public lands, state 

parks, city parks, beaches, or lakes without the expressed permission from the 

appropriate governmental agency with authority over the site;

l. Dispersal of human remains is limited to dispersing and honoring the remains 

of the following people: United States military veterans and immediate family 

of such veterans (parents, children, siblings and spouse); and

m. Only essential crewmembers may be on board when scattering human remains.

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 airplane's weight and balance limitations and number of approved 

seats in the airplane.

19. All aircraft 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. AAF 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. AAF must notify the Van Nuys FSDO at least 5 working days (Mondays through 

Fridays) before conducting any PIC or SIC initial 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, AAF must notify the jurisdictional FAA FSDO where it intends to 
13

conduct the flight operations and shall provide a copy of this exemption to that 

jurisdictional FAA FSDO.

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

the aircraft.

24. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., 

formation flying) is prohibited.

25. 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).

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

manipulate the flight controls during flight operations.

27. All aircraft must have the equipment listed in §§ 91.205(b) and 91.207 and that 

equipment must be in an operable condition during the flight.

28. AAF 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 No. 9705, as amended.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9705, as amended, to June 30, 

2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service