AFS-11-084-E Jan 10 2011

Exemption No. 10191 Regulatory Docket No. FAA-2010-1248

Mr. Scott Perdue

Director Eagle Flying Museum

P.O. Box 72 Cresson, TX 76035

Dear Mr. Perdue:

This letter is to inform you that we have granted your request for exemption. 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 December 3, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Eagle Flying Museum (EFM) for an exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow EFM to conduct initial and recurrent training in its B-25 Mitchell Bomber (limited category) for compensation or hire.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to EFM.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6811 (copy enclosed), the FAA found that the aircraft operated by Stallion 51 are certificated to the higher standards required for the limited category. The FAA issues limited category airworthiness certificates to aircraft—

1. Previously issued a limited category type certificate;2

2. That conform to that type certificate or properly altered condition;

3. In a good state of preservation and repair; and

4. In a safe operating condition.

Additionally, the FAA imposes no additional conditions for the use of limited category aircraft when used in the certification practical test.

The FAA found that flight training is the corn erstone for safe flight operations. The FAA promotes training as evidenced by the requireme nts for the biennial flight review, the FAAsponsored pilot proficiency award program, and the many FAA-sponsored safety seminars provided by the safety program managers found in all Flight Standards District Office located throughout the United States. The FAA, therefore, found a grant of exemption to Stallion 51 would provide a segment of the aviation commun ity with flight instruction that might not

otherwise be available.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Eagle Flying Museum an exemption from 14 CFR § 91.315 to the extent necessary to allow EFM to provide initial and recurrent training in its B-25 airplane certificated as limited category civil aircraft, subject to the conditions and limits described

below.

Conditions and Limitations

1. EFM must continue to maintain its B-25 aircraft in an airworthy condition in

accordance with—

a. The maintenance requirements specified in the B-25 aircraft type specification sheet, as amended;

b. An inspection program that meets the requirements of § 91.409; and

c. Appropriate military technical manuals for the B-25 aircraft.

2. The pilot in command (PIC) musta. Hold at least a commercial pilot certificate with a multiengine land airplane rating;

b. Hold at least a second-class medical certificate;3

c. Hold a certificated flight instructor certificate with an airplane multiengine rating;

d. Have completed B-25 aircraft qualification and recurrent flight and ground training within the previous 12 calendar months; and

e. Have accomplished three takeoffs and three landings to a full stop in a B-25 aircraft within the previous 90 days before serving as PIC.

This exemption terminates on January 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosure