A FS

- 13

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- E November 26, 2013

Exemption No. 8702D Regulatory Docket No. FAA

- 2005

- 20788

Mr. Larry D. Kelley

Director

Delaware Aviation Museum Foundation

21513 Rudd e r Lane Georgetown, DE 1994 7

Dear Mr. Kelley :

This letter is to inform you that we have g ranted your petition to extend Exemption No. 8702, as amended . It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated August 22

, 2013 yo u petitioned the Federal Aviation Administration (FAA) on

behalf of Delaware Aviation Museum Foundation (DAMF) for an extension of Exemption

No. 8702, as amended . That exemption from §§ 91.315, 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulati ons (14 CFR) allows DAMF to operate its former military North

American B

- 25J, N9079Z, while carrying passengers on local educational flights for compensation or hire.

In your petition, you indicate that there has been no change in the conditions and reas ons 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 beca use the requested extension of the e xemption would not set a precedent, and any delay in acting on this petition would be detrimental to DAMF

.2

Our Decision

The FAA has modified the conditions and l imitations of Exemption No. 8702 to address inconsistent terminology used when describing re quired training tasks. These changes a re to clarify the original content and further define the intent and provide consistency of the safety

related aspects of the conditions and limitations. The FAA will be making these changes to

all living history fli ght experience ( LHFE ) exemptions as they are amended or extended.

Please note that the conditions and limitations included with an exemption are not 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 due to the fact that the proposed operation is, by its need for an exemption, outside the normal regulatory structure.

The FAA has also removed a regulation that was incorrectly listed as applicable to the extension of exemption No. 8702

. In the Conditions and Limitation s section of exemption Nos. 8702A, 8702B and 8702C

, 14 CFR § 91.319 was superfluously listed as one o f the regulations from which DAMF is exempt. That regulation applies t o a ircraft having experimental certificates

.

Limitation No. 5

, Required Training Tasks table for pilot in command (PIC), tasks (c), (d) and (e) as previously drafted leads the reader to the incorrect impression that an a ctual shutdown

of a powerplant w as 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 Landing s; 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 initia l PIC qualification.

Limitation No. 6

, 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

revised to state that the requirements are; “powerplant failure procedures” and “maneuvering with a simulated powerplant failure.”

Limitation No. 14 was corrected by removing the reference to 14 CFR § 91.319. That

regu lation is not applic able to this exemption since DAMF ’s B

- 25 J aircraft is a limited category aircraft.

Delaware Aviation Museum Foundation (DAMF), is granted an exemption from §§ 91.315, 119.5(g), and 119.21(a) to the extent necessary to allow DAMF to ope rate its former military

North American B

- 25J, N9079Z, while carrying passengers on local educational flights for compensation or hire. The FAA has determined that the justification for the issuance of Exemption No. 8702 , as amended, remains valid with re spect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 106(f), 40113,3

and 44701, which the FAA Administrator has delegated to me, is subject to the conditions and

limitations below.

Conditions and Limi tations

1. DAMF must maintain its B

- 25J in accordance with the

—

a. Maintenance requirements as specified in its B

- 25J type specification sheet, as amended;

b. FAA

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

, and (g); a nd

c. B

- 25J military technical manuals.

2. The pilot in command ( PIC ) must

—

a. Hold at least a commercial pilot certificate with a multiengine airplane rating, an airplane instrument rating, and a B

- 25J type rating;

b. Have completed within the previous 12 calendar m onths, DAMF’s PIC qualification and recurrent flight and ground training program in the B

- 25J, as appropriate, for which PIC privileges are sought;

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

check in the B

- 25J for which P IC 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 airplanes, and 25 hours in a B

- 25J or have at least a total of 1,000 hours of aeronautical 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 appropriate, or if the pilot has allowed his /her takeoff and landing currency to lapse in a B

- 25J, as appropriate, the takeoff and landing currency may not be accomplished durin g passenger

- carrying operations.

3. The second in command ( SIC ) must

—

a. Hold at least a commercial pilot certificate with a multiengine airplane rating and an airplane instrument rating;

b. Have completed within the previous 12 calendar months, DAMF’s SIC qualifi cation and recurrent flight and ground training program in a B

- 25J for which SIC privileges are sought;

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

check in a B

- 25J, as appropriate, for which SIC privileges are sought;4

d. Hav e at least a total of 1,500 hours of aeronautical flight experience, 250 hours of aeronautical flight experience in multiengine airplanes, or have at least a total of

500 hours of aeronautical flight experience, 100 hours of aeronautical flight experience in multiengine airplanes, and 25 hours and 10 takeoffs and 10 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 SIC privileges are sought. For initial SIC qualific ation

in a B

- 25J or if the pilot has allowed his/her takeoff and landing currency to lapse in a

B

- 25, as appropriate, the takeoff and landing currency may not be accomplished during

passenger

- carrying operations.

4. DAMF must develop and maintain a writte n B

- 25J qualification and recurrent ground training program for its PICs and SICs in the B

- 25J that covers the training subjects listed below. Each PIC and SIC must receive the following training and iterations of 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 a B

- 25J for DAMF:

REQUIRED TRAINING TASKS a. General information and description of the airplane;
b. Aircraft limitations;

c. Aircraft se rvicing; 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 crewmembers; (ii) Individual instruction in the location, function, and operation of emergency equipment, including

— A. First aid equipment and its pro per 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;5

m. Weight and balance;

n. Per formance planning; o. Airplane’s checklist; and p. Differences in type.

5. DAMF must develop and maintain a written B

- 25J qualification and recurrent flight training program for its PICs that covers the areas of operations and tasks, as listed in the

f

ollowing 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 pre vious

12 calendar months and be found to be competent and proficient in these areas prior to serving in a PIC position in a B

- 25J for DAMF:

REQUIRED TRAINING TASKS a. Preflight Preparation , including

— (i) Aircraft exam (oral or written) ; and (ii) Air craft performance & limitations (oral or written)

. b. Ground Operations , including

— (i) Preflight inspection ; (ii) Cockpit resource management ; (iii) Powerplant start procedures ; (iv) Taxiing ; and (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 r e

- 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

—6

(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 cont rol system, electronic flight instrument system, & related systems (as appropriate and if equipped) ; (ix) Flight control s ystem ; (x) Anti

- ice & de ice s ystem ; and (xi) Aircraft & 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 e vacuation

. h. Postflight Procedures , including

— (i) After landing procedures ; and (ii) Parking and securing aircraft

.

6. DAMF must develop 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 an d tasks , as listed in the following table of training tasks. Each SIC in the B

- 25J 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 s erving in an SIC position in a B

- 25J for DAMF:

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 man ipulator of the flight controls;

e. Powerplant failure procedures and maneuvering with a simulated powerplant failure while executing the duties of PIC;

f. Cr ew reso urce management training; and g. Familiarization with the aircraft flight manual, placards, and markings.7

7. DAMF may not use a pilot nor may any pilot serve as a pilot in any air plane unless, since the beginning of the 12 th calendar month before that se rvice, 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 app ropriate maneuvers and procedures currently required for the original issuance of the commercial pilot certificate. The FAA’s Philadelphia Flight Standards District Office (FSDO 17 PHL) will determine what maneuvers and procedures are critical, such as pr eflight preparation, ground operations, takeoffs and departures, and normal procedures, etc., and maneuvers and procedures that may be unsafe for a particular airplane

.

8. 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.

9. DAMF must document and record all ground and f light training and/or testing required by this grant of exemption in a manner acceptable to the FAA’s FSDO 17 PHL . That documentation and records must contain the following information:

a. Date of each training session;

b. Date of each testing session;

c. The amou nt of time of each session of g round and flight training given;

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

e. Location where each session of ground and flight tr aining was given;

f. Location where each session of grou nd and flight tes ting was given;

g. The airplane identification number in which each fligh t training session was received;

h. The airplane identification number in which each flight testing session was recei ved;

i. The name and certificate number of the pilot who pr ovided each sess ion of training;

j. The name and certificate number of the pilot who p rovided each session of testing;

k. The signature and printed name of the pilot who received the training. That pilot’s signature will serve as verification of having re ceived each session of training; and

l. The signature and printed name of the pilot who received the testing . That pilot’s signature will serve as verification of having r eceived each session of testing.8

10. When requested, the DAMF’s B

- 25J qualification and recurrent ground

- and

fl ight

- training programs and/or records listed in conditions 4, 5, 6, and 9 must be made available to FSDO 17 PHL, International Plaza #2, Suite 110, Philadelphia, Pennsylvania 19113, (215) 492

- 4126.

11. DAMF must have the services of an FAA

- certificated airfra me and powerplant mechanic or an appropriately rated repair station available at all stopovers to perform all required maintenance inspections and repairs.

12. DAMF 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 DAMF authorizes to conduct flight operations in its airplanes 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 to comply with conditions 2, 3, 4, 5, 6, 7, 8, and 9; and

c. Records of maintenance performed and maintenance inspection records to comply

with condition 1. 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 that the FAA has authorized this flight under a grant of exemption from the requirements of §§ 91.315, 119.5(g), and 119.21(a). The explana tion 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 category airworthiness

certificated ai rcraft manufacturing standards. In contrast, standard category

airworthiness certificated aircraft are manufactured to FAA

- approved standards, including standards addressing the design of the aircra ft and life

- limited part s;

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

—

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 i s in a safe oper ating condition;

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

finds the

—9

i. Aircraft has been built and maintained i n 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.

14. DAMF must notify the FSDO 17 PHL within 24 hours of any of the following occurrences by written report, by electronic mail, or by facsimile:

a. Each in

- flight fire in any system or area that requires activation of any fire 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, struc ture, cowling, or
components;

c. Each airplane 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;

d. Except for training, each occurrence of engine shutdown or p ropeller 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 sy stems;

g. Each failure or malfunction of the wheel brake 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 taking emergency action of any type during the course of any flight; and

k. Fo r the purpose of this section, “during flight” means the p eriod 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 hour s 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;10

d. With a minimum flight visibility of no t 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 permitted only at the departure airport ;

f. For passenger

– carrying flights greater than 25 statute miles from the departure airport and up to 50 statute m iles, 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 2,000 feet AGL. Pa ssenger

- 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 (TE MPO) 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 t he flight deck of the airplane during flight operations.

17. Except for essential crewmembers, all flight operations must carry no more than the maximum number of passe ngers permitted by the aircraft’ s weight and balance limitations and number of approved se ats in the airplane.

18. DAMF’s B

- 25J must have the equipment listed in §§ 91.205(b) and 91.207 and that equipment must be in an operable condition during the flight.

19. DAMF 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.

20. DAMF must notify FSDO 17 PHL at least 5 working days (Mondays through Fridays) before conducting any PIC or SIC i nitial 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.

21. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, DAMF 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.11

22. This grant of exemption pertains to the operation of the DAMF N orth American B

- 25J, N9079Z, certificated in the limited category.

23. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., formation flying) is prohibited.

24. Prior to flight, the PIC must ensure that a passenger briefi ng meeting the scope and content of § 135.117 has been provided to the passenger(s).

25. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls during flight operations.

26. DAMF must develop a continuous analysi s and management program for the B

- 25J that ensures compliance with its inspection program, training program, and conditions and limitations of this exemption.

Failure to comply with any of 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 the termination date of Exemption No. 8702 , as amended, to November 30, 201 5

, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service