AFS-12-352-E September 21, 2012

Exemption No. 10631 Regulatory Docket No. FAA-2012-0505

Mr. Carl W. Scholl
President
AERO TRADER 7000 Merrill Avenue, Box 19 Chino, CA 91710

Dear Mr. Scholl:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated May 1, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of AERO TRADER for an exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow AERO TRADER to conduct initial and recurrent training in its North American B-25 (limited category) for compensation or hire.

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to AERO TRADER.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6811 (later amended to Exemption No. 8593) (copy enclosed), the FAA found that the aircraft operated by Stallion 51 are certificated to the higher standards required for the limited category. The FAA issues limited category airworthiness certificates to aircraft—

1. Previously issued a limited category type certificate;2

2. That conform to that type certificate or properly altered condition;
3. In a good state of preservation and repair; and
4. In a safe operating condition.

Additionally, the FAA imposes no additional conditions for the use of limited category aircraft when used in the certification practical test. The FAA found that flight training is the cornerstone for safe flight operations. The FAA promotes training as evidenced by the requirements for the biennial flight review , the FAA-sponsored pilot proficiency award program, and the many FAA-sponsored safety seminars provided by the safety program managers found in all Flight Standards District Office located throughout the United States. The FAA, therefore, found a grant of exempti on to Stallion 51 would provide a segment of the aviation community with flight instructi on that might not otherwise be available.

The Collings Foundation Exemption No. 10563A also provides the basis for this exemption with the circumstances being identical.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant AERO TRADER an exemption from 14 CFR § 91.315 to the extent necessary to allow AERO TRADER to provide initial and recurrent training in its B-25 airplane certificated as limited category civil aircraft, subject to the conditions and
limitations described below.

Conditions and Limitations

1. This exemption applies only to the aircraft listed below. This aircraft, when used for flight instruction under this exemption, must be in the operational control of
AERO TRADER.

a. North American B-25 Mitchell, N9856C;

2. The privileges of this exemption are limited to flight training intended for the purpose of recurrent pilot training, proficie ncy, or training for an FAA certificate, rating, or authorization.

3. Persons 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-25 must meet the second-in-command 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 aircraft. The exemption holder must provide all3

students with a copy of the appropriate syllabi prior to conducting training. The training manual must also contain the following information:

a. A syllabus of each training activity under this exemption.

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

c. A requirement that pilots receiving instruction under this exemption must log the flight time in a pilot logbook or training record. Each entry must cite the appropriate AERO TRADER syllabus a nd lesson taught during that flight.

d. The training manual must identify the name and contact information for the individual acting as chief instructor for AERO TRADER’ 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 the aircraft operated under this exemption.

ii. Hold a certified 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 conducted, 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 AERO TRADER training manual, and;

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

6. AERO TRADER must maintain its B-25 in accordance with the:

a. Maintenance requirements as specified in its B-25 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-25 military technical manuals.

7. The person providing instruction in the B-25 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;4

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 in the type aircraft; and

c. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the B-25, as applicable.

12. The exemption holder must inform anyone receiving flight instruction under this exemption 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 requirements 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 category
airworthiness certificated aircraft ma nufacturing standards. In contrast, standard category airworthiness certificat ed aircraft are manufactured to FAAapproved standards, including standards addressing the design of the aircraft and life-limited parts;

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; and

ii. To be in a good state of preservation and repair and is 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 established by the FAA; and

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

13. The exemption holder must notify the jurisdictional FSDO by written report, electronic mail, or facsimile, of any of the following occurrences within 24 hours. For the purpose of this section, “during fli ght” 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 following in-flight occurrences:5

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 circulation 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 failures 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 and/or ground occurrences:

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

ii. Each failure of the propeller governing systems or feathering 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; and

d. Each aircraft structure that requires major repair due to damage, deformation, or corrosion and the method of repair.

e. All flight operations must be conducted with 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, unless the flight is conducted under instrument flight rules or special visual flight rules.

14. No one other than the following persons may be permitted aboard the aircraft during flight operations:

a. The person acting as flight instructor;

b. The person who possesses 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 condition/limitation 13(b). Observers may be either a trainee (who is also enrolled in a course identified in the training manual for the same aircraft) or6

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 cond itions and limitations of this grant of exemption will be grounds for the immediate suspension or revocation of this exemption.

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

Sincerely,

/s/
John S. Duncan Deputy Director, Flight Standards Service

Enclosure