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U.S Deportrnenf of Tronsporlolion FcdcnilAvloilon Admhicfrofim September

23,2011 Exemption No. 8702C Regulatory

Docket No. 800 lndependence Ave , S W Washington,

D C 20591

FAA-2005-20788

Mr. Larry D. Kelley Director Delaware

Aviation Museum

Foundation 21513 Rudder Lane Georgetown,DE

19947 Dear Mr. Kelley: This letter is to inform you that we have granted your petition

to extend

Exemption No. 8702,

asamended.

It explains

the basis for our decision

and describes

its effect. The Basis

for Our Decision By letter dated July 21,2011, you petitioned

the Federal

Aviation Administration

(FAA) on behalf of Delaware

Aviation Museum

Foundation

(DAMF) for an extension of Exemption No.8702,asamended.

Thatexemptionfrom$$91.315,91.319(a), 119.5(g),andll9.2l(a)of T.ijle 14, Code of Federal

Regulations

(14 CFR)

allows DAMF to operate

its former

military North American

B-25J,N90792,

while carrying

passengers

on local educational

flights for compensation

or hire. In your petition,

you indicate

thatthere

has been no change

in the conditions

and reasons relative to public interest

andsafety

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 seta precedent,

andanydelay

in acting on this petition

would be detrimental

to DAMF.

AFS-11-417-EOur Decision

The FAA has

determined

thatthe justification

for the issuance

of Exemption

No. 8702,

as amended,

remains valid with respect

o this exemption

and is in the public interest. Therefore, under theauthority

provided by 49 U.S.C.

401 13 and 44701, which the FAA Administrator has delegated

to me, I grant

your petition,

subject o the conditions

and limitations

below. Conditions

and Limitations 1. DAMF must maintain its B-25J in accordance

with thea. Maintenance

requirements

as specified

in its B-25J

type specification

sheet, as amended; FAA-approved

maintenance

inspection

program that meets

the requirements

of $ 91.a09(e),

(0(4), and (g); and B-25Jmilitary technical

manuals. 2. Thepilot in command (PIC)musta. Hold at least

a commercial

pilot certificate

with a multiengine

airplane rating, an airplane instrument

rating, anda B-25J

type rating; b. Have completed

within theprevious

12calendar

months, DAMF's PIC qualification and recurrent

flight andground

training program in the B-25J,

as appropriate,

for which PIC privileges

are sought; c. Have completed

within theprevious

12calendar

months, DAMF's PIC proficiency check in the B-25J

for which PIC privileges aresought; d. Have at least

a total of 2,500 hours of aeronautical flight experience,

1,000 hours of aeronautical

flight experience

in multiengine

airplanes,

and 25 hours in a B-25J or have at least

a total of 1,000

hours ofaeronautical

flight experience,

200 hours of aeronautical

flight experience

in multiengine airplanes, and 100 hours and 50 takeoffs and 50 landings

in a B-25J; and
e. Have accomplished within the previous 90 days,three takeoffs and three landings to a full stop in a B-25J for which PIC privileges are sought. For initial PIC qualification in a B-25J, as appropriateo or if the pilot has allowed his/her takeoff and landing currency to lapse in aB-25J, as appropriate, the takeoff and landing culrency may not be accomplished

during passenger-carrying operations.
The secondin command (SIC) musta. Hold at least a commercial pilot certificate with a multiengine airplane rating and an airplane instrument rating; b.

c.

3 .Have completed

within theprevious

12calendar

months, DAMF's SICqualification and recurrent

flight andground

training program in a B-25J

for which SIC privileges aresought; Havecompleted

within the previous12 calendar months, DAMF's SIC proficiency check inaB-25J, asappropriate, for which SICprivileges are sought; Have at least a totalof 1,500

hours of aeronautical

flight experience,

250 hours

of aeronautical

fight experience

in multiengine

airplanes,

or have at least a total of 500 hours

ofaeronautical

flight experience,

100 hours ofaeronautical

flight experience in multiengine

airplanes,

and 25 hours and l0 takeoffs

and l0 landings

in a B-25J;

and Have accomplished

within the previous

90 days, three takeoffs and three landings to a full stop in a B-25J

for which SICprivileges are sought. For initial SICqualification in a B-25J

or if the pilot has

allowed his/her takeoffand landing

currency to lapse in a B-25,as appropriate,

the takeoff

and landing

curency may not be accomplished uring passenger-carrying

operations. 4. DAMF mustdevelop and maintain

a written B-25J

qualification

andrecurrent

ground training program for its PICs

andSICs in the B-25J

that covers the training subjects listed below. Each

PIC and SIC mustreceive the following training

and iterations

of training within the previous12 calendar months andbe found

to be competent

andproficientin these areas priorto serving

in a PIC or SICposition

in aB-25J

for DAMF: REOUIRED

TRAINING

TASKS a. General

information and description of the airplane; b. Aircraftlimitations: c. Aircraftservicine: d. Airsneeds: e. Fuel system; f. Electrical system; s. Hvdraulic svstem: h. Engines; Instrumentsand avionics: Landine sear. brakes.controls. and flaps svstems: k. Prooeller: l. Emergencyprocedures, including- (i) Instruction in emergency assignments

and procedures,

including coordination among crewmembers; (ii) Individual instruction in the location, function, and operation of emerqencv

equipment. includineA. First aid equioment and its orooer use: and B. Portable fire extinguishers, with emphasis

on the type of extinguisher to be used on different classes

offires: (iii) Instruction

in the handlins

of emergency

situations.

includingb.

d.

e.4

5 . A. Fire in flight or on the surface andsmoke

control procedures

with emphasis on electrical

equipment

andrelated

circuit breakers

found in cabin areas; and B. Illness,

injury, or other

abnormal

situations

involving passengers

or crewmembers; m. Weight and balance; n. Performance

plannins: o. Aimlane's checklist; and o. Differences

in tvpe. DAMF mustdevelop

andmaintain

a written B-25J

qualification

andrecurrent

flight training program for its PICs

that covers

the areas of operations

and tasks, as listed in the following

table of training

tasks.Each

PIC in the B-25J

must successfully

accomplish

this training before being assigned PIC responsibilities

and duties.Each

PIC in the B-25J must receive

and successfully

accomplish

the following training

within the previous 12 calendar

months andbe found

to be competent

andproficientin these

areas prior to serving in a PIC position

in a B-25J

for DAMF: REOUIRED

TRAINING TASKS a. Preflieht

Preparation,

including- (i) Aircraft exam

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

(oral or written). b. Ground

Ooerations.

includins- ( ( ( ( ) Preflight

inspection; i) Cockpit resource

management; ii) Powerplant

start procedures; v) Taxiing; and v) Pre-takeoffchecks. c. Takeoffs

& Departures"

includine- (i) Normal & crosswind takeoffs; (ii) Powerplant failure; and (iii) Rejected

takeoffs. d. In-flisht Maneuvers.

includins- (i) Steep

turns; (ii) Approach

to stalls; (iii) Powerplant

failure;and (iv) Specific

flight characteristics. e. Landinss & Aoproaches to Landins. includine- (i) Normal & crosswind approaches & landing; (iD Maneuvering to a landing with a simulated powerplant failure; (iii) Rejected landing; and (iv) Landing from a no flap or a nonstandard flap approach.6. f. Normal & Abnormal Procedures.

includine- (i) Powerplant; (ii) Fuel

system; (iiD Electrical

system; (iv) Hydraulic

system; (v) Environmental

& pressurization

system (asappropriate

and if equipped); (vi) Fire detection

& extinguishing

system;

. (vii) Navigation

& avionics

system; (viii) Automatic

flight controlsystem,

electronic

flight instrument system, & related

systems (as appropriate

and if equipped); (ix) Flightcontrol

system; (x) Anti-ice

& deice system; and (xi) Aircraft

& personal

emergency

equipment. g. Emergency

Procedures,

including- (i) In-flight fre & smoke removal; (ii) Rapid

decompression

(asappropriate

and if equipped

with a pressurization

system); (iii) Emergencydescent; (iv) Ditching;

and (v) Emergencyevacuation. h. Postflight

Procedures,

including- ( ( ) After landing

procedures;

and Parking andsecuring

aircraft. i) DAMF mustdevelop

and maintain

a written B-25J

qualification

and recurrent

flight training program for its SICs

in the B-25J

that covers

the areas of operations

and tasks, as listed in thefollowing

table of training

tasks. Each

SIC in the B-25J

must receive and successfully

accomplish

thefollowing

training within the previous

l2 calendar

months andbe found

to be competent

andproficientin these

areas prior to serving

in an SIC position in a B-25J

for DAMF: REOUIRED

TRAINING TASKS a. Operational procedures applicable to the powerplant, equipment, and svstems: b. Performance

specificationsand 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 dutiesof PIC; f. Crew resource

manasement

trainins: and7. Familiarization with the aircraft

flieht manual,

placards, and markings. DAMF may not use

a pilot nor may anypilot serve asa pilot in anyairplane unless, since the beginning

of the l2th calendar

month before that service,

that pilot has

passed a competency

check givenby 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

andprocedures currently required for the original issuance

of the commercial

pilot certificate.

The FAA's Philadelphia

Flight Standards

District Offrce(FSDO 17 PHL) will determine what maneuvers

andprocedures

are critical, such

aspreflight preparation,

ground operations, takeoffs anddepartures,

and normal

procedures,

etc., and maneuvers

andprocedures

that may be unsafe

for a particular

airplane. Recurrent

flight training

for pilots must include,

at least, flight training in the maneuvers andprocedures

in this exemption.However, satisfactory

completion

of the check

required by this exemption

within the preceding

12 calendar

months may be substituted

for recurrent fl ight training. DAMF mustdocument

and record

all ground

andflight training

and/or testing required by this grant

of exemption

in a manner

acceptable

to the FAA's FSDO l7 PHL. That documentation

and records

mustcontain

the followine information: Date of each

training session; Date of each

testingsession; The amount of time of each session of ground and flight training given; The amount of time of each session of ground and flight testing given; Location where each session of ground and flight training was given; Location where each

session of ground and flight testing was given; 8.

9.

c. 'r d. a. b.

e. f.

h. i. g. The airplane identification number in which each flight training session was received; The airplane identification number in which each flight testing session was received; The name and certificate number of the pilot who provided each session of training; The name and certifrcate number of the pilot who provided each session of testing; The signatureand printed name of the pilot who receivedthe training. That pilot's signature

will serve as verification of having received each session of training; and k.l. The signature and printed name of the pilot who received the testing. Thatpilot,s signature will serve

as verification

of having

received each session of testing. 10. when requested,

the DAMF's B-25J

qualification

andrecurrent

ground- and flight-training

programs

and/or records listedin conditions

4, 5, 6, andg mustbe made available to FSDO 17 PHL,IntemationalPlaza#2, Suite110,

philadelphia,

pennsylvania 19113, (215) 492-4126. 11' DAMF musthave

the services

of an FAA-certificated

iirframe andpowerplant mechanic or an appropriately

rated repair station available at all stopovers

to perform

all required maintenance

inspections

andrepairs. 12.DAMF will maintain

the following information andrecords

and will make

those records available for review

to the FAA whenrequested: a. The name

of each pilot crewmember

DAMF authorizes

to conduct

flight operations

in its airplanes

under the terms

of this exemption; b. Copies

of each PIC's andSIC's

pilot certificate,

medical certificate,

qualifications,

and initial andrecurrent

raining and testing documentation

to comply

wiih conditions

2, 3, 4,5,6,7,8,

and 9; and c. Records

of maintenance

performed

andmaintenance

inspection

records to comply with condition

l. Maintenance

and inspection

records must meet the requirements

of $$ 43.9, 43.11, and 91.405. 13. Before permitting

a person to be carried

on board its airplane

for the purposes

authorized under this exemption,

DAMF will inform that person that its airplanes

hold only a limited airworthiness

certificate;

the significance

of the limited airworthiness certificate

as compared

to a standard

airworthiness

certificate;

and thatthe FAA has

authorized

this ''flight under

a grant of exemption

from therequirements

of gg 91.315,

I19.5(g), and ll9.2I(a). The

explanation

of thesignificance

of a limited

airworthiness

certificate compared

to a standard

airworthiness

certificate

must include

at least the followins information: a' The FAA has

not established

nor has it approved

limited category

airworthiness certificated

aircraft manufacturing

standards.

In contrast,

standard category airworthiness

certificated

aircraft aremanufactured

to FAA-approved

siandards, including standards

addressing

the design

of the aircraft

and life-limited parts; b' Limited category

airworthiness

certificated

aircraft areissued

when the FAA findstheairplanei. Hasbeen

previously

issued a limited category

type certificate

and the aircraft conforms to thattype certificate;

and ii. To be in a goodstate of preservation

andrepair

and is in a safe

operating condition:c. Standard category airworthiness

certificates

are issued

for an aircraft

when the FAA finds thei. Aircraft has

been built and maintained

in accordance

with that aircraft's

type certification

standards

asestablished

by the FAA; and ii. Aircraft's inspection and maintenance

requirements

are in compliance

with the applicable

Federal Aviation Regulations. 14. DAMF must

notifu the FSDO 17 PHL within 24 hours of any of thefollowing

occunences by written report,

by electronic

mail, or by facsimile:

a. Each in-flight fire in any system or area that requires

activation

of anyfire suppression

system or discharge

of a portable

fire extinguisher; b. Each exhaust system component

failure,including

the turbocharger component,

that causes

damage to any engine,

structure,

cowling,or components; c. Each airplane component

or system

that causes,

duringflight, accumulation or circulation

of noxious

fumes, smoke, or vapor in any portion of thecabin

or crew area; d. Except

for training,

each occuffence

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,

which require use of emergency

or standby

extension

systems; g. Each failure or malfunction

of the wheelbrake

system 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 takingemergency

action of anytype during

the course

of anyflight; and k. For 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. 15. 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

andsunset,

asestablished

in the American

Air Almanac,

asconverted

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 than3 statute

miles anda minimum ceiling of not less

than 1,500

feet AGL; e. Passenger-carrying

operations

for compensation

may be conducted

at distances

greater than25 statute

miles of the departure

airportup to 50 statute

mileswith concurrence

of the FAA FSDOhaving

geographic

responsibility

for the aviation

event. For such flights, landings

arepermitted

only at the departure

airport. The operator

mustprovide information

pertaining

to the proposed

route of flight, which will avoid densely populated

areas or congested

airways in accordance

with 14 CFR $ 91.319(c) for aircraft certificated

in the experimental

category.

Those operators

utilizing aircraft certificated

in the limited category

arenot bound

by the restriction

regarding

the avoidance

of densely

populated

areas or congested

airways; f. For passenger-carrying flights greater

than25 statute

milesfrom the departure airport and up to 50 statute

miles, the PIC mustobtain

weather reports andforecasts

prior to flight and

valid for the duration

of the proposed

operation that indicate

that the weather wouldbe no less

than 5 statutJ miles visibility and

cloud ceilings no less than 2,000 feetAGL. 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 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. 16.No persons

other than the assigned

flight crewmembers

may be permitted

on the flight

.., deck of the airplane

during flight operations. 17. Except

for essential

crewmembers,

all flight operations

mustcarryno more

than the maximum

number of passengers

permitted

by the aircraft's

weightandbalance

limitations andnumber

of approved

seats in the airplane. 18. DAMF's B-25J

must have theequipment

listed in $$ 91.205(b)

and 91 .207 andthat equipment

mustbe in an operable

condition

during the flight. 19. DAMF must hold andcontinue 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 Intemal

Revenue Code. 20. DAMF must notifii FSDO l7 PHL at least 5 working days

(Mondays

through Fridays) before conducting

any PIC or SIC initial or recurrent qualification

training andany PIC or SIC initial or recurrent

proficiency

checks required to be conducted

under the terms

of this grant of exemption.1 0

21. No later

than72 hours

prior to commencing

flight operations

under the terms

of this grant of exemption,

DAMF must notifu the

jurisdictional

FAA FSDO

where it intends to conduct he flight operations

andshallprovide

a copyof this exemption to that jurisdictional

FAA FSDO. 22.This grant

of exemption

pertains to the operation

of the DAMF North American B-25J, N90792,certificated

in the limited category. 23. For all aircraft

subject o this exemption,

flight within 500 feetof another aircraft (i.e., formation

flying) is prohibited. 24.Prior to flight, the PIC mustensure that a passenger

briefing meeting

the scope

and content of $ 135. I I 7 has been provided to thepassenger(s). 25. No persons

other than the assigned

flight crewmembers

may be permitted

to manipulate the flight controls

during flight operations. 26. DAMF mustdevelop a continuous

analysis andmanagement

program for the B-25J

that ensures compliance

with its inspection

program, trainingprogram,

andconditions

and limitations

of this exemption. Failure to comply

with anyof these

conditions

and limitations

of this grant

of exemption

will be grounds

for the immediate

suspension

or revocation

of Exemption

No. 8702,

as amended. The Effect of Our Decision Our decision

extends thetermination

date of Exemption

No. 8702,

as amended,

to N6vember

30,20l3,unless

sooner superseded

or rescinded. Sincerely, 

# O/-*,

./ John W. McGraw Acting Director, Flight Standards Service