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 peti tioned 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 Regulatio ns (14 CFR) allows CAF to operate certain aircraft for the purpose of carrying passengers for compensation or hire for living his tory f light e xperiences (LHFE).

In your petition, you indicate that there has been no change in the conditions and reasons
rel ative 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 reques ted extension of the exemptio n would not set a precedent, and any delay in acting on this petition would be det rimental to CAF

.

Our Decision

As part of t he FAA ’s review and analysis of this petition, we have noted and corrected a regulation that was incorrectly listed on previous ext ensions of E xemption No. 6802

. We incorrectly referenced 14 CFR § 119.25(b)

, Rotorcraft operations : Direct air carriers and2

commercial operators

. The CAF does not operate rotorcraft under this exemption

. T he 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 l imitations of Exemption
No. 6802. Some of these changes were necessary to correct the list of applicable aircra ft and clarify certain requirements regarding this exemption. O ther changes a ddress inconsistent terminology used when describing required training tasks. These changes clarify the original

content

, further define the intent and provide consistency of th e 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 incl uded 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 C ertificates : 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 exem ption holds a Special Airworthiness Certificate issued in the Experimental Exhibition category

, the pilot must posses s 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 ref erenced pilot requirements for s in gle

- engine airplanes only.
This limitation has been corrected to state that the “ P ilot 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 Ta sks 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 necess ary 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 powerp lant 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 is3

revised to state the requirements are : “powerp lant 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 provi ded by 49 U.S.C. 40113 and 44701

, which the FAA Administrator has delegat ed 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. Fairc hild 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 main tain 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 § 91.40 9(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:4

a. Maintenance requirements as specified in the aircraft’s FAA

- issued operating limitations, a s 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 unrest ricted 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 a nd 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 o f 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 fligh t 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 privileg es 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

op erations.

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 com pleted 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, and5

25 hours in the specific aircraft; or have at lea st 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 da ys, 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 take off 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 single

engine land rating, an airplane instrument r ating, 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

pro ficiency 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 ai rplanes,
and 25 hours in the G

- TBM; or have at least a total of 1,000 hours of

aerona utical 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 fu ll 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 b y 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 P IC proficiency check in the specific aircraft;6

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 wi thin 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 lap se 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 PIC s 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:7

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 instru ction 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 th e 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 involvin g 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;8

e. Fuel system;
f. Electrical system;

g. Hydraulic system;
h. Engines;
i. Instruments and av ionics; 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 locatio n, 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 emerge ncy 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

crew members;

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 ac complish 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 Preparati on, 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; and9

(v) Pre

- takeoff checks; c. Takeoffs & Departures, including

— (i) Normal & crosswind takeoffs; (ii) Simulated p owerplant 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 po werplant 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 syst em; 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 ope rations and tasks, as listed in the following table of training tasks. Each PIC in the G

- TBM must10

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 (ora l 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 ap proaches & 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 s ystem; (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) Fli ght control system; (x) Anti

- ice & deice system; and (xi) Aircraft & personal emergency equipment;11

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 land ing 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 task s, 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 successf ully 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, inclu ding

— (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 & Depa rtures, 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, includi ng

— (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;12

f. Normal & Abnormal Procedures, including

— (i) Powerplant; (ii) Fuel system; (iii) Electr ical 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 appropria te 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 Procedure s, 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 c over 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 f ollowing 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 s ystems; 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 wit h 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.13

15. CAF may not use a pilot nor may any pilot serve as a pilot in any aircra ft 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) w ill 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 tr aining for pilots must include, at least, flight training in the maneuvers and procedures in this exemption. However, satisfactory completion of the check required by this exemption within the preceding 12 calendar months may be
substituted for recurrent 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 condu cted 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 t he 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 i dentification 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;14

l. Signature and printed nam e of the pilot who received the training. That pilot’s signature will serve as a verification of having received ea ch session of training; and

m. Signature and printed name of the pilot who received the testing. That pilot’s signature will serve as a verifi cation 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 h ave 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 record s 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 signific ance 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 s ignificance 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 categor y 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 ai rcraft are manufactured to FAA

- approved standards, including standards addressing the design of the aircraft and life

limited parts;

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

—15

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 accor dance 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 sp ecific 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 th e 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 reaso n 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 emergenc y action of any type during the course of any flight;

b. Any of the following in

- flight and/or ground occurrences:16

i. Each exhaust system component failure, including the turbocharger (supercharger) components, that causes damage to any engine, structure, cowlin g, 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 f light 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 mi les 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 regardi ng 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 vali d 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; and17

g. The aircraft may only be operated from an airport t hat has a fire station or fire

fighting 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 wit hin 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 fli ght 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 ca rry 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 Intern al 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 exempti on 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 exemp tion.

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.18

The Effect of Our Decision

Our decision extends the termina tion date of Exemption No. 6802, as amended, to November 30, 201 5 unless sooner superseded or rescinded

.

Sincerely,

/s /
John M. Allen Director, Flight Standards Service