AFS-11-407-E

August 19, 2013

 Exemption No. 6802K

 Regulatory Docket No. FAA-2002-11285

Mr. Robert A. Stenevik

Commemorative Air Force, Inc. 

109 San Medina Lane

Joshua, TX 76058

Dear Mr. Stenevik:

This letter is to inform you that we have granted your petition to extend Exemption No. 6802, 

as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By submission received May 29, 2013, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Commemorative Air Force, Inc. (CAF), for an extension of Exemption 

No. 6802, as amended. That exemption from §§ 91.315, 91.319(a), 119.5(g), and 119.21(a) of 

Title 14, Code of Federal Regulations (14 CFR) allows CAF to operate certain aircraft for the 

purpose of carrying passengers for compensation or hire for living history flight experiences 

(LHFE).

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 CAF.

Our Decision

As part of the FAA’s review and analysis of this petition, we have noted and corrected a 

regulation that was incorrectly listed on previous extensions of Exemption No. 6802. We 

incorrectly referenced 14 CFR § 119.25(b), Rotorcraft operations: Direct air carriers and 
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commercial operators. The CAF does not operate rotorcraft under this exemption. The 

correct regulation is § 119.21(a), Commercial operators engaged in intrastate common

carriage and direct air carriers. 

The FAA has also modified and added to the conditions and limitations of Exemption 

No. 6802. Some of these changes were necessary to correct the list of applicable aircraft and 

clarify certain requirements regarding this exemption. Other changes address inconsistent 

terminology used when describing required training tasks. These changes clarify the original 

content, further define the intent and provide consistency of the safety-related aspects of the 

conditions and limitations. The FAA will be making similar terminology changes to all living

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

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.

Limitation No. 1 has been corrected by removing two aircraft that now hold Standard

Airworthiness Certificates: the Aeronca L-3S, N36681 and the Consolidated Vultee BT-13, 

N27003.

Limitation No. 4 incorrectly listed the B-24 aircraft among those that require the pilot to 

possess an appropriate unrestricted type rating. Since the B-24 listed in this exemption holds 

a Special Airworthiness Certificate issued in the Experimental Exhibition category, the pilot 

must possess an appropriate unrestricted experimental aircraft authorization. Therefore, the 

B-24 has been removed from Limitation No.4 and has been added to Limitation No. 5.

Limitation No. 7 incorrectly referenced pilot requirements for single-engine airplanes only. 

This limitation has been corrected to state that the “Pilot in command (PIC) for all other 

aircraft must hold at least an unrestricted commercial pilot certificate with an appropriate 

category and class rating...”

Limitation No. 11, Required Training Tasks table for PIC, tasks (c), (d) and (e) as previously 

drafted leads the reader to the incorrect impression that an actual shutdown of a powerplant 

was required during task (c); Takeoffs & Departures. This clarification is necessary since the 

term “simulated powerplant failure” was used in task (e); Landings and Approaches to 

Landings; however, tasks (c) and (d) did not use the word “simulated.” The wording is 

revised to clarify that the actual shutdown (and re-start) of a powerplant should only be 

demonstrated in task (d); Inflight Maneuvers. The revision also stipulates that an actual 

shutdown and re-start of a powerplant is only required for initial PIC qualification.

Limitation No. 14, Required Training Tasks table for second in command (SIC), task (e) had 

previously used the terms “engine-out procedures” and “maneuvering with an engine-out” 

which is inconsistent with the terminology used in the PIC training table. The wording is 
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revised to state the requirements are: “powerplant failure procedures” and “maneuvering with 

a simulated powerplant failure.”

The FAA has determined that the justification for the issuance of Exemption No. 6802, as 

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

under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I grant your petition, subject to the conditions and limitations listed 

below.

Conditions and Limitations

1. This exemption applies only to the aircraft listed below:

a. Beech C-45, N4207;

b. Boeing B-29, N529B;

c. Boeing B-17, N9323Z and N7227C;

d. Boeing PT-17, N1387V;

e. Consolidated B-24, N24927;

f. Curtis SB2C, N92879;

g. Curtis C-46, N53594;

h. Douglas A-26, N626SH, N9682C, and N240P;

i. Douglas SBD, N82GA;

j. Fairchild PT-26, N46693;

k. Grumman TBM, N5264 and N53503;

l. North American B-25, N9643C, N27493, N345TH, N5865V, N25YR, and 

N125AZ;

m.North American P-51, N5428V, N10601, N61429, and N44727;

n. North American SNJ-5, N103LT; and

o. North American T-28, N70743.

2. CAF must maintain its limited category aircraft in accordance with the:

a. Maintenance requirements as specified in the aircraft type specification sheet, 

as amended;

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

§ 91.409(a) and (b) or § 91.409(e), (f)(4), and (g), as appropriate; and

c. Military technical manuals for the specific aircraft.

3. CAF must maintain its experimental aircraft in accordance with the:
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a. Maintenance requirements as specified in the aircraft’s FAA-issued operating 

limitations, as amended;

b. FAA-approved maintenance inspection program that meets the scope and 

content of § 91.409(a) and (b); and

c. Military technical manuals for the specific aircraft.

4. The pilot in command (PIC) for the B-17, B-25, and A-26 must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft 

multiengine land rating, an airplane instrument rating, and the appropriate 

unrestricted type rating;

b. Have completed within the previous 12 calendar months, CAF’s PIC 

qualification and recurrent flight and ground training program in each aircraft 

for which PIC privileges are sought;

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

proficiency check in each aircraft 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 specific aircraft; 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 specific aircraft; and

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

landings to a full stop in each aircraft for which PIC privileges are sought. For 

initial PIC qualification in the specific aircraft or if the pilot has allowed 

his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff 

and landing currency may not be accomplished during passenger-carrying 

operations.

5. The PIC for the B-29 and B-24 must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane 

multiengine land rating, an airplane instrument rating, and the appropriate 

unrestricted experimental aircraft authorization;

b. Have completed within the previous 12 calendar months, CAF’s PIC 

qualification and recurrent flight and ground training program in each aircraft 

for which PIC privileges are sought;

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

proficiency check in each aircraft 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 airplane, and 
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25 hours in the specific aircraft; 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 specific aircraft; and

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

landings in each aircraft for which PIC privileges are sought. For initial PIC 

qualification in the specific aircraft or if the pilot has allowed his/her takeoff 

and landing currency to lapse in the specific aircraft, the takeoff and landing 

currency may not be accomplished during passenger-carrying operations.

6. The PIC for the Grumman-TBM (G-TBM) must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft singleengine land rating, an airplane instrument rating, and an unrestricted G-TBM 

type rating;

b. Have completed within the previous 12 calendar months, CAF’s PIC 

qualification and recurrent flight and ground training program in the G-TBM;

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

proficiency check in the G-TBM;

d. Have at least a total of 2,500 hours of aeronautical flight experience, 

1,000 hours of aeronautical flight experience in single-engine land airplanes, 

and 25 hours in the G-TBM; or have at least a total of 1,000 hours of 

aeronautical flight experience, 200 hours of aeronautical flight experience in a 

single-engine land airplane, and 100 hours and 50 takeoffs and 50 landings in 

the G-TBM; and

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

landings to a full stop in the G-TBM. For initial PIC qualification in the 

G-TBM or if the pilot has allowed his/her takeoff and landing currency to lapse 

in the G-TBM, the takeoff and landing currency may not be accomplished 

during passenger-carrying operations.

7. The PIC for all other aircraft must:

a. Hold at least an unrestricted commercial pilot certificate with an appropriate 

category and class rating; an aircraft instrument rating; and the appropriate 

unrestricted experimental aircraft authorization if required by the FAA-issued 

operating limitations;

b. Have completed within the previous 12 calendar months, CAF’s PIC 

qualification and recurrent flight and ground training program in the specific 

aircraft;

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

proficiency check in the specific aircraft;
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d. Have at least a total of 2,500 hours of aeronautical flight experience, 

1,000 hours of aeronautical flight experience in single-engine land airplanes, 

and 25 hours in the specific aircraft; or have at least a total of 1,000 hours of 

aeronautical flight experience, 200 hours of aeronautical flight experience in a 

single-engine land airplane, and 100 hours and 50 takeoffs and 50 landings in 

the specific aircraft; and

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

landings to a full stop in the specific aircraft. For initial PIC qualification in 

the specific aircraft or if the pilot has allowed his/her takeoff and landing 

currency to lapse in the specific aircraft, the takeoff and landing currency may 

not be accomplished during passenger-carrying operations.

8. The second in command (SIC) for the B-17, B-24, or B-25, A-26, and B-29 must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane 

multiengine land rating and an airplane instrument rating;

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

qualification and recurrent flight and ground training program in the aircraft for 

which SIC privileges are sought;

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

proficiency check in each aircraft 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 airplanes; or have at 

least a total of 500 hours of aeronautical flight experience, 100 hours of 

aeronautical flight experience in a multiengine land airplanes, and 25 hours and 

10 takeoffs and 10 landings in each aircraft for which SIC privileges are 

sought; and

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

landings to a full stop in the aircraft for which SIC privileges are sought. For 

initial SIC qualification in the specific aircraft or if the pilot has allowed 

his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff 

and landing currency may not be accomplished during passenger-carrying 

operations.

9. CAF must develop and maintain written multiengine airplane specific qualification 

and recurrent ground training programs for its PICs and SICs in each specific airplane 

that cover the training subjects listed below. Each PIC and SIC 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 

specific multiengine aircraft:
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REQUIRED TRAINING TASKS

a. General information and description of the aircraft;

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 ground and flight 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. Aircraft’s checklist; and

p. Differences in type.

10. CAF must develop and maintain a written single-engine airplane qualification and 

recurrent ground training program for its PICs in each single-engine airplane that 

covers the training subjects listed below. Each PIC 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 position in the specific single-engine airplane:

REQUIRED TRAINING TASKS

a. General information and description of the aircraft;

b. Aircraft limitations;

c. Aircraft servicing;

d. Airspeeds;
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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 ground and flight 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; and

o. Aircraft’s checklist.

11. CAF must develop and maintain written multiengine airplane qualification and 

recurrent flight training programs for its PICs in the specific airplane that cover the 

areas of operations and tasks, as listed in the following below. Each PIC in 

multiengine airplanes must successfully accomplish this training before being assigned 

PIC responsibilities and duties. Each PIC in multiengine airplanes 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 each specific multiengine airplane for CAF:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including—

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

(ii) Airplane performance & limitations (oral or written);

b. Ground Operations, including—

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures;

(iv) Taxiing; and
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(v) Pre-takeoff checks;

c. Takeoffs & Departures, including—

(i) Normal & crosswind takeoffs;

(ii) Simulated powerplant failure; and

(iii) Rejected takeoffs;

d. In-flight Maneuvers, including—

(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, including—

(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, including—

(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, and related 

systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti-ice & deice system; and

(xi) Airplane & personal emergency equipment;

g. Emergency Procedures, including—

(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. Post flight Procedures, including—

(i) After landing procedures; and

(ii) Parking and securing airplane.

12. CAF must develop and maintain a written G-TBM qualification and recurrent flight 

training program for its PICs in the G-TBM that covers the areas of operations and 

tasks, as listed in the following table of training tasks. Each PIC in the G-TBM must 
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successfully accomplish this training before being assigned PIC responsibilities and 

duties. Each PIC in the G-TBM 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 

G-TBM:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including—

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

(ii) Aircraft performance & limitations (oral or written);

b. Ground Operations, including—

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures;

(iv) Taxiing; and

(v) Pretakeoff checks

c. Takeoffs & Departures, including—

(i) Normal & crosswind takeoffs;

(ii) Powerplant failure; and

(iii) Rejected takeoffs;

d. In-flight Maneuvers, including—

(i) Steep turns;

(ii) Approach to stalls;

(iii) Powerplant failure; and

(iv) Specific flight characteristics;

e. Landings & Approaches to Landing, including—

(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, including—

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;

(iv) Hydraulic system;

(v) Environmental 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;
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g. Emergency Procedures, including—

(i) In-flight fire & smoke removal;

(ii) Emergency descent;

(iii) Ditching; and

(iv) Emergency evacuation;

h. Postflight Procedures, including—

(i) After landing procedures; and

(ii) Parking and securing aircraft.

13. CAF must develop and maintain a written single-engine airplane qualification and 

recurrent flight training program for its PICs in each single-engine airplane that covers 

the areas of operations and tasks, as listed in the following table of training tasks. 

Each PIC in single-engine airplanes must successfully accomplish this training before 

being assigned PIC responsibilities and duties. Each PIC in the single-engine 

airplanes 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 single-engine airplane:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including—

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

(ii) Aircraft performance & limitations (oral or written);

b. Ground Operations, including—

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures;

(iv) Taxiing; and

(v) Pretakeoff checks;

c. Takeoffs & Departures, including—

(i) Normal & crosswind takeoffs;

(ii) Powerplant failure; and

(iii) Rejected takeoffs;

d. In-flight Maneuvers, including—

(i) Steep turns;

(ii) Approach to stalls;

(iii) Powerplant failure; and

(iv) Specific flight characteristics;

e. Landings & Approaches to Landing, including—

(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;
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f. Normal & Abnormal Procedures, including—

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;

(iv) Hydraulic system;

(v) Environmental 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, including—

(i) In-flight fire & smoke removal;

(ii) Emergency descent;

(iii) Ditching; and

(iv) Emergency evacuation;

h. Postflight Procedures, including—

(i) After landing procedures; and

(ii) Parking and securing aircraft.

14. CAF must develop and maintain written qualification and recurrent flight training 

programs for its SICs in the airplanes requiring SIC by type certificate or operating 

rule that cover the areas of operations and tasks, as listed in the following table of 

training tasks. Each SIC must successfully accomplish this training before being 

assigned SIC responsibilities and duties. Each SIC 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 

for CAF:

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. Powerplant failure procedures and maneuvering with a simulated powerplant failure 

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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15. CAF 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 Lubbock, Texas, Flight Standards District Office (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.

16. 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.

17. CAF must notify the Lubbock 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.

18. CAF 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 Lubbock FSDO. That 

documentation and records must contain the following information:

a. Date of each training session;

b. Date of each testing session;

c. Amount of time of each session of ground and flight training given;

d. Amount of time of each session of ground and flight testing given;

e. Results of each session of ground and flight testing given;

f. Location where each session of ground and flight training was given;

g. Location where each session of ground and flight testing was given;

h. Aircraft identification number in which each flight training session was 

received;

i. Aircraft identification number in which each flight testing session was 

received;

j. Name and certificate number of the pilot who provided each session of 

training;

k. Name and certificate number of the pilot who provided each session of 

testing;
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l. 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

m. 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.

19. When requested, CAF pilot qualification and recurrent ground and flight training 

programs and/or records listed under the conditions of this exemption must be made 

available to the Lubbock FSDO.

20. CAF 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.

21. CAF 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 CAF authorizes to conduct flight 

operations in its aircraft 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; and

c. Records of maintenance performed and maintenance inspection records as 

appropriate. Maintenance and inspection records must meet the requirements 

of §§ 43.9, 43.11, 91.405.

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

authorized under this exemption, CAF will inform that person that its aircraft hold 

only a limited or 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 §§ 91.315, 91.319, 119.5(g), and 119.21(a). The explanation of the significance of 

a limited airworthiness certificate, or 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 limited category 

airworthiness certificated aircraft manufacturing standards. The FAA has not 

established nor has it approved experimental 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 lifelimited parts;

b. Limited category airworthiness certificated aircraft are issued when the FAA 

finds the aircraft—
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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;

c. An aircraft may be issued an experimental airworthiness certificate for the 

purpose of exhibition when the aircraft 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; 

d. 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. 

23. CAF must notify the FSDO with oversight of the specific aircraft within 24 hours of 

any of the occurrences listed below by written report, electronic mail, or facsimile. 

For the purpose of this section, “during flight” or “in-flight” means the period from the 

moment the aircraft leaves the surface of the earth on takeoff until it touches down on 

landing. 

a. Any of the following in-flight occurrences:

i. Each in-flight fire in any system or area that requires activation of any 

fire suppression system or discharge of a portable fire extinguisher;

ii. Each aircraft 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;

iii. Except for training, each occurrence of in-flight engine shutdown or 

propeller feathering, and the reason for such shutdown or feathering;

iv. Any landing gear system or component failures or malfunctions, which 

require use of emergency or standby extension systems; and

v. Each malfunction, failure, or defect in any system or component that 

requires taking emergency action of any type during the course of any 

flight;

b. Any of the following in-flight and/or ground occurrences:
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i. Each exhaust system component failure, including the turbocharger 

(supercharger) components, that causes damage to any engine, 

structure, cowling, or components;

ii. Each failure of the propeller governing systems or feathering systems; 

and

iii. Each failure or malfunction of the fuel system, tanks, pumps, or valves;

c. Each failure or malfunction of the wheel brake system that causes loss of brake 

control on the ground; and

d. Each aircraft structure that requires major repair due to damage, deformation, 

or corrosion and the method of repair.

24. 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 operator must provide information pertaining to the proposed 

route of flight, which must avoid densely populated areas or congested airways 

in accordance with § 91.319(c) for aircraft certificated in the experimental 

category. Those operators utilizing aircraft certificated in the limited category 

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

areas or congested airways;

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

airport and up to 50 statute miles, the PIC must obtain weather reports 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 1,000 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 
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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.

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

the aircraft. 

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

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

27. 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).

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

station of the aircraft during flight operations.

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

manipulate the flight controls during flight operations.

30. 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 aircraft.

31. 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.

32. CAF 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.

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

grant of exemption, CAF 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.

34. CAF 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.

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. 6802, as 

amended.
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The Effect of Our Decision

Our decision extends the termination date of Exemption No. 6802, as amended, to 

November 30, 2015 unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service