AFS

- 12

- 466

- E November 8, 2012

Exemption No. 10563 A Regulatory Docket No. FAA

- 20 12

- 0159

Mr. Robert Collings
Executive Director The Collings Foundation
137 Barton Road Stow, MA 01775

Dear Mr. Collings :

This letter is to inform you that we have amended Exemption No. 10563. It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision

On June 21, 2012, the Federal Avia tion Administration (FAA) i ssued Exemption No. 10563 to The Collings Foundation (Collings). That exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) allow s Collings to conduct training flights in Boeing B

- 17 Flying Fortress (N93012), North American B

- 25 Mitchell (N3476G)

, and North American
P

- 51 Mustang (N251MX) for compensation or hire

. In further review, the FAA has initiated
an amendment to the conditions and limitations of this exemption.

The FAA has determined that good cause e xists for not publishing a summary of the petition
in the Federal Register because the FAA initiated amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Collings

.

Our Decision

The FAA has made some relieving changes to the conditions a nd limitations of Exemption
No. 10563 that we feel will maintain an equivalent level of safety to operations that are compliant with all the requirements of p art 91

. To that end, in Condition Nos. 3, 4, 8, 9, and2

10 , we reduce d the chief instructor

, flight instructor and student qualification requirements

. We also removed some of the documentation requirements for the training and testing under the exemption (formerly, Condition No. 12)

. T he exemption now pe rmits two qualified pilot

trainee s aboard aircraft during training flights

. While the relief granted does not change substantially, you should review the se amend ments.

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administr ator has delegated to me, I hereby grant The Collings Foundation an exemption from
14 CFR § 91.315 to the extent necessary to allow Collings to conduct training flights in certain limited category aircraft for compensation or hire

, subj ect to the condition s and
limitations described below.

Conditions and Limitations

1. This exemption applies only to the aircraft listed belo w. All of these aircraft, when used for flight instruction under this exemption, must be in the operational control
of Collings

.

a. Boeing B

- 17 Flying Fortress, N93012;

b. North American B

- 25 Mitchell, N3476G; and

c. North American P

- 51 Mustang, N251MX

.

2. The privileges of this exemption are limited to flight training intended for the purpose of recurrent pilot training

, proficiency, or training for an FAA certificate

, rating

, or authorization

.

3. P ersons receiving flight training under this exemption must hold at least a private pilot certificate with applicable category and class ratings . Persons receiving flight
instruction in the B

- 1 7 or B

- 25 must meet the second

- in

- command (SIC) requirements of § 61.55.

4. The privileges of this exemption may only be exercised under the auspices of a training manual that identifies specific syllabi for all ground and flight training
activities conducted for each ai rcraft

. The exemption holder must provide all students with a copy of the appropriate syllab i prior to conducting training. The training manual must also contain the following information:

a. A syllabus of each training activity under this exemption for eac h aircraft

. b. A description of operational limitations for each aircraft used for flight training under this exemption.

c. A requirement that p ilots receiving instruction under this exemption must log
the flight time in a pilot logbook or training record . Ea ch entry must cite the appropriate Collings syllabus and lesson taught during that flight.3

d. The t raining manual must identify the name and contact information for the
individual acting as chief instructor for Collings’ operations under this exemption. The individual named as chief instructor must meet all the following qualifications:

i. Hold a commercial pilot certificate or airline transport pilot certificate with instrument, category, and class ratings for all aircraft operated under this exemption.

ii. Hold a certificated flight instructor ( CFI ) certificate with appropriate category and class ratings.

5. The following documents must be provided by the exemption holder to the FSDO with geographic responsibility for the airport where flight training will be
condu cted , and must be provided to any representative of the FAA Administrator upon request :

a. A copy of the current exemption ;

b. A copy of the Collins ’ training manual , and;

c. The qualifications of each instructor conducting training under the terms of the exemption

.

6. Collings must maintain its B

- 17 in accordance with the:

a. Maintenance requirements as specified in the B

- 17 type specification sheet, as amended;

b. FAA

- approved maintenance inspection program that meets the requirements of § 91.409(e), (f)(4), and (g); and

c. B

- 17 military technical manuals.

7. Collings must maintain its B

- 2 5 in accordance with the:

a. Maintenance requirements as specified in its B

- 2 5 operating limitations, as amended;

b. FAA

- approved maintenance inspection program that meets the scope and
content of § 91.409(e), (f)(4), and (g) ; and

c. B

- 2 5 military technical manuals.

8. Collings must maintain its P

- 51 in accordance with the:

a. Maintenance requirements as specified in its P

- 51 operating limitations, as amended;4

b. FAA

- approved maintenance inspection program tha t meets the requirements of § 91.409(a) and (b); and

c. P

- 51 military technical manuals.

9. The person provi di ng instruction in the B

- 17 and B

- 2 5 must:

a. Hold at least a commercial pilot certificate with an aircraft multiengine land rating, an airplane instrument rating, the appropriate type rating , and (CFI) certificate with airplane multiengine rating ;

b. Have at least a total of 1 ,500 hours of aeronautical flight experience, including
25 hours as pilot

- in

- command in the type aircraft; 25 takeoffs and 25 landings
i n the type aircraft; and

c. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the B

- 17 or B

- 25, as applicable

.

10. The person provi di ng instruction in the P

- 51 must:

a. Hold at least a commercial pilot certificate w ith an air plane single

- engine land rating and certified flight instructor (CFI) certificate with airplane single

engine rating ;

b. Have at least a total of 1 ,500 hours of aeronautical flight experience, including
25 hours as pilot

- in

- command in the type airc raft; 25 takeoffs and 25 landings
in a P

- 51 ; and h ave accomplished within the previous 90 days, three takeoffs and three landings to a full stop in a ny P

- 51 aircraft

.

11. The exemption holder must inform anyone receiving flight instruction under this exempti on that its aircraft 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 requi rements of § 91.315. The explanation of the significance of a limited airworthiness certificate compared to a standard airworthiness certificate must include at least the following information:

a. The FAA has not established nor has it approved limited categ ory airworthiness certificated aircraft manufacturing standards. In contrast, standard category airworthiness certificated aircraft are manufactured to FAA approved standards, including standards addressing the design of the aircraft
and life

- limited part s;

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

—
i. Has been previously issued a limited category type certificate and the aircraft conforms to that type certificate; and5

ii. To be in a good state of preservation and repair and i s in a safe operating condition.

c. Standard category airworthiness certificates are issued for an aircraft when the
FAA finds the

—

i. Aircraft has been built and maintained in accordance with that aircraft’s type certification standards as esta blished by the FAA; and

ii. Aircraft’s inspection and maintenance requirements are in compliance with the applicable Federal Aviation Regulations

.

12. The exemption holder must notify the jurisdictional FSDO by written report, electronic mail, or facsimile, of an y of the following occurrences within 24 hours. 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 followin g 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 circulati on 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 fa ilures 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 or ground occurrences:

i. Each exhaust system component fail ure, including the turbocharger or supercharger components, that causes damage to any engine, structure, cowling, or components;

ii. Each failure of the propeller governing systems or featheri ng 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;6

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

or corrosion and the method of repair; and

13. All flight operations must be conducted w ith a minimum flight visibility of not less
than three statute miles and a minimum ceiling of not less than 1,500 feet above ground level (AGL) , unless the flight is conducted under instrumental flight rule ( IFR ) or special visual flight rule ( VFR )

. 14. No other persons may be permitted aboard the aircraft during flight operations

, except for the following :

a. T he person acting as flight instructor ;

b. The person who p ossesses at least a private pilot certificate with appropriate category and class ratings receiving flight instruction ; and

c. Up to two additional people acting as pilot

- trainees who meet the requirements
of C ondition No. 13(b)

. Observers may be either a tr ainee (who is also enrolled in a course identified in the training manual for the same aircraft) or an employee of the exemption holder performing an official function such as instructional oversight

.

15. All aircraft must have the equipment listed in §§ 91. 205 (as applicable to the operation being conducted) and 91.207

, and that equipment must be in an operable condition during the flight.

16. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediat e suspension or revocation of this

e xemption

.
This exemption terminates on August 30 , 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/ Michael J. Zenkovick Acting Deputy Director, Flight Standards

Service

Enclosure