BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Petition of
ARMY AVIATION HERITAGE FOUNDATION
To Renew Exemption No. 10012 ) ) ) ) ) ) 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 1 8 , 2012BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Petition of
ARMY AVIATION HERITAGE FOUNDATION
To Renew Exemption No. 10012 ) ) ) ) ) ) Docket FAA

- 2001

- 11090

PETITION FOR RENEWAL OF EXEMP TION

Pursuant to S ection 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 e xperience 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 exten ded 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 N 624HF (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. App licant /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 a viation 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 acquir ing, 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 a t 30

- 35, Docket FAA 2001

- 11090 (Dec. 1, 2001). Once AAHF acquires a former Army aircraft, it w orks 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 his tory into its military educational presentations and materials. AAHF’s restoration efforts are i nstrumental 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 , UH

1M Gunship , OH

- 6A Cayuse, OV

- 1D Moha wk , 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 Page 3

dedication, certain military airc raft 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 experien ce. Since its inception in 1997, AAHF has made approximately 15 4 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
program s . Today, it has become one o f 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 driv e. The “Sky Soldiers” program provides four main “living history” military aerial demon stration 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 D awn ” program featuring five historical Vietnam

- ear hist orical 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 Helico pter Demonstration Team with four AH

- 1 Cobra s 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 b een greatlyPetition of AAHF for Renewal of Exemption Page 4
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 hi storic Army educational flight program is totally unique: it provides a totally unique opportunity in the United States for the public to experience an educa tional 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. T he 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 i mpact 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 s ervice men and women so that future generations may benefit from the experiences and sacrifices of our veterans and appreciate the contributions of mi litary 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 Page 5

aircraft their donations should go. AAHF’s outreach organization for its former U

. S

. Army UH

1H Huey and AH

- 1 Cobra helicopter s , “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 restor ation 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 f unding 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 happe ns 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 milit ary veterans in their authentic period flight gear. 2. Reasons for Exemption AAHF requests renewal of its Exemption No. 10012 , whi ch 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

. ”
T here are no known former military UH

- 1 aircraf t (UH

- 1 H series, Huey II, etc.) or AH

- 1Petition of AAHF for Renewal of Exemption Page 6

aircraft eligible to receive a Standard Transport Cate gory Airworthiness Certificate and the FAA will not issue such certificates to this type of aircraft. 7
These former military UH

- 1 H 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 Amendm ent 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 trem endously each year since the FAA first granted AAH F an
E xemption. 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 E xemption, approximately 86,050 people have experie nced an educational military flight in an authentic combat Army UH

- 1H Huey. Afte r adding the AH

- 1 Cobra to the E xemp tion in 2009, approximately 100 people have experienced this exciting historical and unique military educational flight in an authentic att ack helicopter. Over the years AAHF has provided historical educational flights to numerous

v eteran a nd c ivilian e vents including : opening ceremonies at the Infantry Museum at Fort Benning, Georgia; the Transportation Corp s Aviation Reunion at Fort Eustis, Virginia; numerous cities where the “ Vietnam Traveling Wall” was present ; the 150 th An niversary of the Medal of Honor Association reunion held at Fort Knox, Kentucky; Vietnam Helico pter 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 Page 7

Association Reunion; “ Vietnam Dust

- off Pilots” Re union; Vietnam Crew Members Association Reunion; “Week of Eagles” reunion at Fort Campbell , Kentucky where we have bee n 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 authent ic 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 c ontinue 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 s upport 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 presentation s, and static displays. The public appeal toward s all of our presentations is strong with special attention to the Huey and Cobra ride program. The
A meri can 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 c ountry as a whole would lose two of its outstand ing legacy aircraft. 3. Safety AAHF takes its safety obligations very seriously. During the over 1923 flight hours associated with the Huey Ride Program, A AHF’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 year s of the Cobra Ride Program

. 9

9 Prior to the availability of public rides, when these Cob ras 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 achievement s the U.S. Army did not meet during its 45

- years of operating and maintaining the UH

- 1 a nd 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 o f 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 airworthin ess 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/compo n ents. The AAHF UH

- 1H and AH

- 1 aircraft receive extensive comp lete phase inspections every 150 hours of flight with progressive frequent interim inspections , in accordance with AAHF’s FAA

- approve d Maintenance Program. The AAHF UH

-Petition of AAHF for Renewal of Exemption Page 9

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 inspecti ons 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 fl ight operations programs, which are managed and operated by highly experienced former military UH

- 1 H and AH

- 1 pilots and FAA

- licensed and Army

- trained maintenance perso nnel. AAHF has on its staff an Army

- trained Army Aviation Safety Officer who serve s 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 maintai n 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

- 1 H 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

- 1 H and AH

- 1 . A U.S. Army liaison representative, who coordinates with AAHF on legacy aircraft, appr ises 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. F urther, because AAHF maintains authentic out of production aircraft, main tenance 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 info rms the public and each passenger that its Huey s and Cobras hold experimental a irworthiness certificate s 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 i nterest 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 exem ption , 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 o f 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 de fray 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 co ntributions, 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 exp erience 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 s ubstantial 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 notific ation 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