BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Petition of

ARMY AVIATION HERITAGE 

FOUNDATION

To Renew Exemption No. 10012

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Docket FAA-2001-11090

PETITION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be sent to:

Michael J. Brady

President

Army Aviation Heritage Foundation

506 Speedway Blvd.

Hampton, GA 30228

(770) 486-8785

Email: MBrady6721@aol.com

John E. Gillick

David M. Endersbee

Zuckert Scoutt & Rasenberger, L.L.P.

888 Seventeenth Street NW

Suite 700

Washington D.C. 20006

Phone: (202) 298-8860

Fax: (202) 342-0683

Email: jegillick@zsrlaw.com

 dmendersbee@zsrlaw.com

Dated: January 18, 2012
BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Petition of

ARMY AVIATION HERITAGE 

FOUNDATION

To Renew Exemption No. 10012

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)

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Docket FAA-2001-11090

PETITION FOR RENEWAL OF EXEMPTION

Pursuant to Section 11.61 of the Federal Aviation Regulations, the Army Aviation 

Heritage Foundation (“AAHF”) hereby requests the renewal of Exemption No. 10012 (which 

exempts AAHF from 14 C.F.R. §§ 91.319, 119.59(g) and 119.25(b)) to enable AAHF to 

continue its educational exhibits and air displays that educate the American public by providing 

passengers with a unique historical flight experience in its former U.S. Army Bell UH-1H Huey 

and Bell AH-1 Cobra helicopters and contribute financial support to the entire AAHF 

educational program.

1

In support of this petition, AAHF states as follows: 

 AAHF requests that this renewal be extended for a period of two years. 

AAHF also incorporates by reference evidentiary information previously submitted in this 

docket, including letters of support from civic and military organizations.

 1 The renewal of Exemption No. 7736 is requested for the following: UH-1H Huey helicopters N104HF (68-16104); 

N354HF (69-15354); N426HF (70-16426); and N624HF (66-16624); and Bell AH-1 Cobra helicopters N998HF 

(71-20998), N589HF (67-15589), N197HF (83-24197, and N737HF (67-15737).
Petition of AAHF for

Renewal of Exemption

Page 2

1. Applicant/Background 

AAHF is a nonprofit 501(c)(3)2 educational foundation that is dedicated to preserving 

and presenting the U.S. Army’s aviation history; it is supported entirely by volunteer workers, 

and is comprised of civilian supporters and over 1,000 veterans. AAHF seeks to (1) educate the 

American public about the Army’s aviation legacy; (2) connect active duty soldiers and veterans 

to the general public; (3) inspire patriotism and motivate Americans toward service to their 

communities and country; and (4) preserve authentic, historical Army Aviation aircraft in 

airworthy condition, and utilize them in aerial, educational military-oriented “living history” 

demonstrations, presentations and educational flight experiences.3

 AAHF is dedicated to 

acquiring, restoring, and maintaining aircraft that the Army used, from World War II to the 

present, to portray an accurate picture of American military aviation and evidence the Army’s 

contributions to aviation.4

 2 AAHF submitted proof of its 501(c)(3) status, which remains effective, with its original petition. See Petition for 

Exemption Exhibit 4 at 30-35, Docket FAA 2001-11090 (Dec. 1, 2001).

 Once AAHF acquires a former Army aircraft, it works tirelessly to 

ensure the aircraft is restored and preserved, in airworthy condition, as it was when used in 

military operation. AAHF locates veterans familiar with the aircraft to assist in the restoration 

process, and incorporates the aircraft’s history into its military educational presentations and 

materials. AAHF’s restoration efforts are instrumental in bringing the Army and Army Aviation

history to life for Americans and preserving it for future generations. Without AAHF’s

3 Videos, photographs, and more information about AAHF’s mission can be found at http://www.armyav.org/ .

4 AAHF maintains the following fleet of operational aircraft: UH-1H "Huey," AH-1G Cobra, AH-1F Cobra, UH1M Gunship, OH-6A Cayuse, OV-1D Mohawk , U-21G Ute , and O-1 Bird Dog. The instant exemption only 

pertains to the UH-1H and AH-1G aircraft. 
Petition of AAHF for

Renewal of Exemption

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dedication, certain military aircraft would fall by the wayside, leaving only pictures of their 

historical significance.

AAHF’s public flight demonstrations, military flight re-enactments, and static display 

programs make Army aviation history an interactive learning experience. Since its inception in 

1997, AAHF has made approximately 154 public presentations and has brought military aviation 

history to over 25 million people. The AAHF has been formally recognized by the U.S. 

Congress and Secretary of the Army for its support of the military and fostering of patriotism.

The demand for AAHF’s historical military presentations has continually increased as more air 

show organizers and veterans learn about the AAHF and its “Sky Soldiers” living history 

programs. Today, it has become one of the most requested veteran-operated, military-oriented,

civilian air show programs in the country.5

 5 In addition, the Army itself has utilized AAHF’s Cobra Demonstration Team in its nationwide recruiting drive.

The “Sky Soldiers” program provides four main 

“living history” military aerial demonstration programs: (1) a Vietnam War-era Air Calvary 

combined arms team program featuring six historical Vietnam-era Army Aviation aircraft (two

AH-1G Cobra, two UH-1H Hueys, one O-1D Birddog, and one OV-1B Mohawk); (2) a 

Vietnam-era Search and Rescue (SAR) “Rescue at Dawn” program featuring five historical

Vietnam-ear historical Army Aviation aircraft (two AH-1G Cobra, one UH-1H Huey, one O-1D 

Birddog, and one OV-1B Mohawk); (3) an Attack/Scout Helicopter demonstration team 

featuring two AH-1 Cobras and one OH-6A Cayuse; and (4) a Cobra Attack Helicopter 

Demonstration Team with four AH-1 Cobras featuring precision team helicopter maneuvering.

Since the FAA first granted an exemption to the AAHF in 2000, its multiple Vietnam War 

scenarios and military helicopter demonstration teams program’s impact have been greatly 
Petition of AAHF for

Renewal of Exemption

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enhanced by AAHF’s ability to provide a unique and interactive “hands-on” educational military 

flight experience to the public. AAHF’s educational flights allow the public to experience 

firsthand and truly appreciate what thousands of American veterans, many in combat, 

experienced while serving their country.

The AAHF “Friends of the Huey and Cobra”6

AAHF’s important operations are supported entirely by donations and volunteers. Due to 

the wide range of aircraft that AAHF maintains, donators may designate to which historic Army 

educational flight program is totally 

unique: it provides a totally unique opportunity in the United States for the public to experience 

an educational flight in an authentic Vietnam combat-experienced Army UH-1H Huey or AH-1 

Cobra helicopter equipped and marked as it was when it was used in Vietnam, operated by a 

military trained and experienced flight crew, many of whom have combat experience. The 

AAHF educational flight program welds a stronger connection and appreciation between the 

general public, who may not otherwise have an opportunity to connect to the experiences of the 

Armed Forces and veterans, their combat experiences, and the Army’s impact on aviation 

history. AAHF’s mission and programs are increasingly important given the lack of universal 

military service and technological advancements in military aircraft. Also, service men and 

women returning from conflict seek a way to connect to their communities and families. AAHF 

uses its authentic Army aircraft to connect the public with our service men and women so that 

future generations may benefit from the experiences and sacrifices of our veterans and appreciate 

the contributions of military aviation technologies.

 6 This program was referred to as “Friends of the Huey” until 2010, when the FAA approved AAHF’s request to 

include AH-1 Cobra helicopters in its ride program. 
Petition of AAHF for

Renewal of Exemption

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aircraft their donations should go. AAHF’s outreach organization for its former U.S. Army UH1H Huey and AH-1 Cobra helicopters, “Friends of the Huey and Cobra,” has been instrumental 

in the preservation of these aircraft. The “Friends of the Huey and Cobra” fund raising activities 

support the maintenance, preservation, and continuing restoration of the Huey and Cobra 

helicopters as well as the critically important flight crew proficiency training. 

The donations raised in AAHF’s ride programs help offset the aircraft’s tour costs and 

provide funding for local AAHF chapters’ individual educational programs, as well as AAHF 

education programs for school groups, Scouts, and veterans’ associations. The Ride Program 

provides educational flights to those that join either AAHF or “Friends of the Huey and Cobra.” 

Thus, those that are truly interested in the historical significance of these educational flights 

partake in the Ride Program. AAHF’s educational flights are not air tours, and those that 

participate are not seeking transportation that happens to be by helicopter. Rather, these are 

“experiential” flights in which participants are given a valuable opportunity to vividly experience 

the feel of these historical former military aircraft in their Army livery and configurations, and 

flown by military veterans in their authentic period flight gear.

2. Reasons for Exemption

AAHF requests renewal of its Exemption No. 10012, which exempts AAHF UH-1H and 

AH-1 aircraft from 49 C.F.R. §§ 91.319, 119.5(g) and 119.25(b), so that AAHF may continue to 

provide unique educational historical military flight experiences to those that support the 

preservation of the UH-1 and AH-1 by joining AAHF or “Friends of the Huey and Cobra.” 

There are no known former military UH-1 aircraft (UH-1H series, Huey II, etc.) or AH-1 
Petition of AAHF for

Renewal of Exemption

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aircraft eligible to receive a Standard Transport Category Airworthiness Certificate and the 

FAA will not issue such certificates to this type of aircraft.7

These former military UH-1H and AH-1 series aircraft are unique and have a long and 

important history of service with the Army, and AAHF is the only organization in the United 

States able to operate and authorized to offer rides on these models of historic Army aircraft. 

See AAHF Petition for Renewal and Amendment of Exemption, October 26, 2009, at 6-8. 

While AAHF is the only nonprofit that can provide Army UH-1H Huey and AH-1 Cobra

educational flights to the public, interest in and demand for these flights has greatly exceeded

expectations, and has grown tremendously each year since the FAA first granted AAHF an 

Exemption. AAHF’s “Friends of the Huey and Cobra” program has been very well received by 

air show organizers and the public. Since AAHF received its Exemption, approximately 86,050

people have experienced an educational military flight in an authentic combat Army UH-1H 

Huey. After adding the AH-1 Cobra to the Exemption in 2009, approximately 100 people have 

experienced this exciting historical and unique military educational flight in an authentic attack 

helicopter. Over the years AAHF has provided historical educational flights to numerous 

veteran and civilian events including: opening ceremonies at the Infantry Museum at Fort 

Benning, Georgia; the Transportation Corps Aviation Reunion at Fort Eustis, Virginia; 

numerous cities where the “Vietnam Traveling Wall” was present; the 150th Anniversary of the 

Medal of Honor Association reunion held at Fort Knox, Kentucky; Vietnam Helicopter Pilots 

 7 The FAA Rotorcraft Directorate has repeatedly refused to issue such a certificate to former military UH-1 aircraft 

due to the significant differences between the military UH-1 aircraft and Bell 205 series. See Petition for 

Reconsideration, Exhibit 3 (Letter from FAA D.A.R. Steve Saunders explaining why the UH-I cannot be 

certificated) Docket FAA 2001-11090 (May 13, 2004).
Petition of AAHF for

Renewal of Exemption

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Association Reunion; “Vietnam Dust-off Pilots” Reunion; Vietnam Crew Members Association 

Reunion; “Week of Eagles” reunion at Fort Campbell, Kentucky where we have been requested 

back for the past six reunions; and numerous military installations personnel and family 

activities.

8

 In the majority of instances in which AAHF has offered the Huey and Cobra Ride 

Program, public demand to fly in an authentic combat Army UH-1H Huey or AH-1 Cobra has 

far exceeded the number of flight hours AAHF can provide. The public’s attention to and 

support of the AAHF and its educational programs, particularly the Ride Program, has been 

outstanding and has exceeded all expectations. AAHF could not continue its operations without 

the public’s support through the “Friends of the Huey and Cobra” Ride Program, which 

provides funding for aircraft maintenance and flight crew training. AAHF has a symbiotic 

relationship with the public. Any individual who participates in the Huey and Cobra Ride

Program does so purely to experience an educational military flight in a truly unique and 

historic military aircraft. All riders are members of or join either the AAHF or “Friends of 

Huey.” Their memberships help support UH-1H and AH-1 maintenance and preservation costs 

and flight crew training. Without the Ride Program, AAHF would not be able to maintain and 

 In the 14 years of operations AAHF has attended over 230 different events with its

ride program, historical presentations, and static displays. The public appeal towards all of our 

presentations is strong with special attention to the Huey and Cobra ride program. The 

American public clearly enjoys seeing and supports the efforts to keep these historical aircraft

flying.

 8 Exhibit AAHF-1 attached hereto provides a sampling of recent letters of support and appreciation received from 

military and veterans’ groups.
Petition of AAHF for

Renewal of Exemption

Page 8

preserve the Huey and Cobra in flyable condition, and the country as a whole would lose two of 

its outstanding legacy aircraft. 

3. Safety 

AAHF takes its safety obligations very seriously. During the over 1923 flight hours 

associated with the Huey Ride Program, AAHF’s UH-1H has operated with 100% maintenance 

reliability and without a single incident or accident, while the AAHF AH-1s have also 

maintained a 100% reliability during the first years of the Cobra Ride Program.

9

 9 Prior to the availability of public rides, when these Cobras were operated as part of AAHF’s demonstration 

aircraft, they maintained 97% maintenance reliability and 100% public performance reliability over a period of 11 

years.

These are

maintenance reliability achievements the U.S. Army did not meet during its 45-years of 

operating and maintaining the UH-1 and 35 years of operating the AH-1. This outstanding 

maintenance reliability achievement is attributable to (1) the highly experienced former military 

trained UH-1 and AH-1 maintenance and flight operations personnel, who are responsible for the 

“Friends of the Huey and Cobra” Ride Program, and (2) adherence to both the FAA and Army 

maintenance programs. AAHF spends an average of four hours of maintenance for every one 

hour of flight time. AAHF dedicates significant resources to each aircraft’s airworthiness 

inspections and extensive component overhauls. For each UH-1H aircraft, this includes 12-18 

months of volunteer maintenance labor and approximately $175,000 for parts/components. For 

each AH-1 aircraft, this includes 18-24 months of volunteer maintenance labor and 

approximately $200,000 for parts/components. The AAHF UH-1H and AH-1 aircraft receive 

extensive complete phase inspections every 150 hours of flight with progressive frequent interim 

inspections, in accordance with AAHF’s FAA-approved Maintenance Program. The AAHF UH-
Petition of AAHF for

Renewal of Exemption

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1H and AH-1 aircraft are frequently inspected at air show sites by local FAA officials and AAHF 

has received numerous positive comments on its restoration and maintenance programs. In fact, 

on several FAA field inspections at Ride or Air Show events, the inspecting FAA official, a 

former Army aviation maintenance officer, commented on how well the aircraft were 

maintained. 

AAHF’s spotless safety and operations record can be attributed to AAHF’s strong 

maintenance and flight operations programs, which are managed and operated by highly 

experienced former military UH-1H and AH-1 pilots and FAA-licensed and Army-trained 

maintenance personnel. AAHF has on its staff an Army-trained Army Aviation Safety Officer 

who serves as the AAHF Independent Safety Officer. AAHF flight operations and maintenance 

personnel have a higher level of formal operational military experience on the UH-1H and AH-1 

aircraft than those of comparable civilian historic flying organizations that maintain other exempt 

military aircraft. This is because AAHF pilots and the majority of the maintenance personnel 

received their training and operational experience on the UH-1H and AH-1 through the Army’s 

formal training and operational program. Further, AAHF’s safety program is fully compliant 

with both the FAA Exemption safety requirements and the Army’s maintenance safety and 

operational standards for the UH-1H and AH-1. A U.S. Army liaison representative, who 

coordinates with AAHF on legacy aircraft, apprises AAHF of maintenance procedure updates, 
Petition of AAHF for

Renewal of Exemption

Page 10

Army Safety of Flights (the military equivalent of FAA ADs), and other related maintenance and 

operational information.10

AAHF’s comprehensive two-tier safety and operations programs put the AAHF at a 

financial and competitive disadvantage as compared to commercial operators. Under the 

Exemption, AAHF must abide by more stringent weather minimums today (approximately 

double the standard VFR minimums) and more exacting PIC and SIC pilot requirements, 

proficiency flight checks, qualification and recurrent flight and ground training requirements 

above those for commercial operators. In addition, AAHF’s restoration/compliance and hourly 

operating costs for these vintage former military helicopters are significantly higher than those of

commercial operators. AAHF’s safety requirements under the Exemption and adherence to the 

Army’s maintenance program are far more stringent and costly than the safety standards and 

compliance requirements for commercial operators. Further, because AAHF maintains authentic 

out of production aircraft, maintenance and repair is often more time-consuming and costly than 

it is for commercial operators. In no way does AAHF have an economic advantage over 

commercial operators. 

 

AAHF informs the public and each passenger that its Hueys and Cobras hold

experimental airworthiness certificates by posting signs at each site and providing printed 

notifications to individual passengers. Passengers are required to read the printed notification 

concerning the airworthiness category of these aircraft. AAHF also provides safety briefings 

 10 Further details on AAHF’s safety program are available in AAHF’s original exemption application and petition 

for reconsideration. See Petition for Exemption at 10-13 and Exhibits 7 & 8 (Docket FAA-2001-11090-1); Petition 

for Reconsideration at 39-43 (Docket FAA-2001-11090).
Petition of AAHF for

Renewal of Exemption

Page 11

before each flight, and crew members are required to check that each passenger is safely seated 

with their seat belt secured.11

4. Public Interest

 

The public’s interest in AAHF’s Ride Program cannot be understated. With 

overwhelming demand and support, the AAHF “Friends of the Huey and Cobra” educational 

flight program is routinely one of the most successful segments of air shows. In granting 

AAHF’s initial exemption, the FAA stated that 

[P]reserving historic former U.S. military aircraft was in the public 

interest in the same manner [as] preserving historic buildings, landmarks.... 

[T]he public has shown a willingness to support the preservation and operation of 

these former U.S. military aircraft and a desire to experience flights in these 

aircraft. 

The FAA recognizes that the only way to maintain these historic former 

U.S. military aircraft in an operational status is to accept financial contributions to 

defray the high costs of maintaining these aircraft and ensuring crew operating 

experience requirements are met. In return, paying customers have the 

opportunity to experience a local flight in these historic former U.S. military 

aircraft. Without these contributions, it is reasonable to conclude that operators of 

these aircraft would not be able to raise sufficient funds to maintain the aircraft 

and provide flying experience to the public. 

The FAA notes that individuals who choose to accept a flight experience 

in these historic former U.S. military aircraft differ from the general traveling 

public. These passengers support the continued operations of these historic 

former U.S. military aircraft through substantial monetary donation.... [T]hese 

passengers are specifically seeking the experience of flying in these historic 

former U.S. military aircraft. In fact, some of the passengers were military flight 

crewmembers in these exact aircraft....

Exemption No. 7736. The FAA’s reasoning remains true today. 

 11 AAHF has previously submitted a copy of the passenger notification regarding airworthiness categories and its 

emergency procedures manual. See Petition for Renewal at 17, Docket FAA-2001-11090 (Nov. 17, 2003); Petition 

for Exemption, Exhibit 4 at 59-99, (Docket FAA-2001-11090). 

Exhibit AAHF-1

Sampling of Letters of Support and Appreciation