AFS

- 16

- 7732

- E

April 26 , 2016

Exemption No. 9705E Regulatory Docket No. FAA

- 20 08

- 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 th e 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 S erial No. 44

- 30801

, for the purpose of carrying passen gers 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 wou ld 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 beyo nd 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 t o 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 t he 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 ce rtain 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 Fli ght 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 compensa tion 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 Comp ensation and Hire in Other Than Standard Category Aircraft” (FAA Policy). [FR Doc. 2015

- 17966 Filed 7

- 20

- 2015]. T he FAA has determined that this FAA Policy will require substantial efforts on the part of existing LHFE holders and the FAA

. A s such

, the FA A 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 with in 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 justific ation 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 delegate d 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 S erial No. 44

- 30801) for the purpose of carrying passengers on local flights f or 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 maintai n the B

- 25 in accordance with the

a. 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

- c ommand (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 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 ex perience in a multiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in a B

- 25; and4

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 init ial 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 mus t

a. 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 i n a B

- 25 for which SIC privileges are sought;

c. Have completed, within the previous 12 calendar month s , 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 h ours 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 l andings 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 p osition 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 g ear, 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 em ergency 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,

i ncluding

- (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 limi tations 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

t raining 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

duti es. 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 TR AINING TASKS

a. Preflight Preparation: (i) Aircraft exam (oral or written); and6

(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

- take off 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) Rejec ted 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 detecti on & 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 land ing 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 guidanc e 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 a nd 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 followi ng 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

th e 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

ai rcraft. 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, suc h 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 an d flight training and/or testing required

b y 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 an d 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 pro vided 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 recei ved 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 rec urrent ground

- and flight

training programs and/or records listed in the conditions and limitations above must be9

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 a n 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 tho se 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 certifi cate, 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 a bove. 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 airpl anes 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 a pproved 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 a nd 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 p reservation 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 stand ards 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 rep ort, 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

com ponents, 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, wh ich 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; or11

k. Fo r 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 certific ated 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

- ca rrying 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 fire

fighting services available or within close proximity of the airport;

h. Operations conducted for the purpose of dispersing human remains must comply with applic able 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 operato r may not release any human remains over any private property without express written p ermission 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 expresse d 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 veteran s (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. 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

.

19. All aircraft must have the equipment listed in §§ 91.205(b) and 91.2 07 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 profi ciency 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 to13

con duct 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 wi thin 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 ou tside 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 exte nds 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