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; 
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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 exemption to Stallion 51 would provide a segment of 

the aviation community with flight instruction 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, proficiency, 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 all 
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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 and 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; 
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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 manufacturing standards. In contrast, 

standard category airworthiness certificated 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 flight” 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: 
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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) or 
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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 conditions 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