AFS-10-198-E 

Jun 30 2010 

 Exemption No. 8565C 

 Regulatory Docket No. FAA-2004-17662 

Mr. Stuart A. Goldstein 

Counsel for The Liberty Foundation, Inc. 

Law Offices of Goldstein & Sordo 

9350 South Dixie Highway, 10th Floor 

Miami, FL 33156 

Dear Mr. Goldstein: 

This letter is to inform you that we have granted your petition to amend Exemption No. 8565, 

as amended. 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 posted to the docket on March 11, 2010, you petitioned the Federal Aviation 

Administration (FAA) on behalf of The Liberty Foundation Inc. (Liberty), for an amendment 

to Exemption No. 8565, as amended. That exemption from §§ 91.315, 119.5(g), and 

119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows Liberty to operate its 

Boeing B-17 (B-17), N390TH, to carry passengers for compensation or hire on local flights 

for educational and historical purposes. The amendment you request would add the Curtis 

P-40 (P-40), N2416X, to Exemption No. 8565, as amended. 

In your petition, you indicate that there has been no change in the conditions and reasons 

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 because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Liberty. 
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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. 7093, the FAA found that 

preserving historic U.S. aircraft is in the public interest, in the same manner that preserving 

historic buildings, landmarks, and neighborhoods has been determined to be in the public 

interest. While aviation history can be represented with static displays in museums in the 

same manner that historic landmarks can be represented in museums, the public has shown a 

willingness to support the preservation and operation of historic aircraft and a desire to 

experience flights in them. 

Having reviewed your reasons for requesting an exemption, I find that— 

• they don’t differ materially from those presented by the petitioner in the Grant of 

Exemption No. 7093; 

• the reasons stated by the FAA for granting the enclosed exemption also apply to the 

situation you present; and 

• a grant of exemption is in the public interest. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8565, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I grant your petition, subject to the conditions and limitations listed 

below. 

Conditions and Limitations 

1. This exemption applies only to the aircraft listed below: 

a. North American B-17, N390TH; and 

b. Curtis P-40, N2416X. 

2. Liberty must maintain its Limited Category airplanes in accordance with the: 

a. Maintenance requirements as specified in the appropriate type certificate data 

sheet, as amended; 

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(e), (f)(4) and (g); and 

c. The appropriate military technical manuals. 

3. Liberty must maintain its Experimental Airplanes in accordance with the: 

a. Maintenance requirements as specified in their operating limitations; 

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(a) and (b), and 
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c. The appropriate military technical manuals. 

4. In accordance with 14 CFR 91.111, formation operations, including simulated air 

combat are prohibited and not subject to additional waiver. 

5. Prior to conducting operations in accordance with this exemption, Liberty must 

provide records to the Atlanta FSDO showing that they have successfully operated the 

Curtis P-40 for a minimum of 25 hours to demonstrate their ability to operate a liquid 

cooled single engine fighter aircraft. 

6. The PIC for the B-17 must: 

a. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating, an airplane instrument rating, and the appropriate type rating; 

b. Have completed within the previous 12 calendar months, Liberty's PIC 

qualification and recurrent flight and ground training program in each specific 

airplane for which PIC privileges are sought; 

c. Have completed within the previous 12 calendar months, Liberty's PIC 

proficiency check in each specific airplane for which PIC 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 land airplanes, and 

25 hours in each specific airplane; or have at least a total of 1,000 hours of 

aeronautical flight experience, 200 hours of aeronautical flight experience in a 

multiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in 

each specific airplane; and 

e. Have accomplished within the previous 90 days, three takeoffs and three 

landings to a full stop in each specific airplane for which PIC privileges are 

sought. For initial PIC qualification in a the specific airplane or if the pilot has 

allowed his/her takeoff and landing currency to lapse in each specific airplane 

the takeoff and landing currency may not be accomplished during passengercarrying operations. 

7. The PIC for the single engine airplane must: 

a. Hold at least a commercial pilot certificate with an airplane single-engine land 

rating, an airplane instrument rating, and an FAA authorization to act as PIC of 

the P-40; 

b. Have completed within the previous 12 calendar months, Liberty's PIC 

qualification and recurrent flight and ground training program for each specific 

airplane; 

c. Have completed within the previous 12 calendar months, Liberty's PIC 

proficiency check for each specific airplane; 
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d. Have at least a total of: 

(i) 2,500 hours of aeronautical flight experience, 1,000 hours of 

aeronautical flight experience in single-engine land airplanes, and 

25 hours in each specific airplane; 

(ii) ii. 1,000 hours of aeronautical flight experience, 200 hours of 

aeronautical flight experience in a single-engine land airplane, and 

100 hours and 50 takeoffs and 50 landings in each specific 

airplane; and 

e. Have accomplished within the previous 90 days, three takeoffs and three 

landings to a full stop in each specific airplane. For initial PIC qualification in 

each specific airplane or if the pilot has allowed his/her takeoff and landing 

currency to lapse in any specific airplane, the takeoff and landing currency may 

not be accomplished during passenger-carrying operations. 

8. The SIC for the B-17 must: 

a. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating and an airplane instrument rating; 

b. Have completed within the previous 12 calendar months, Liberty's SIC 

qualification and recurrent flight and ground training program in each specific 

airplane for which SIC privileges are sought; 

c. Have completed within the previous 12 calendar months, Liberty's SIC 

proficiency check in each specific airplane for which SIC privileges are sought; 

d. Have at least a total of 1,500 hours of aeronautical flight experience, 250 hours 

of aeronautical flight experience in a multiengine land airplane; or have at least 

a total of 500 hours of aeronautical flight experience, 100 hours of aeronautical 

flight experience in a multiengine land airplane, and 25 hours and 10 takeoffs 

and 10 landings in each specific airplane for which SIC privileges are sought; 

and 

e. Have accomplished within the previous 90 days, three takeoffs and three 

landings to a full stop in the airplane for which SIC privileges are sought. For 

initial SIC qualification in each specific airplane or if the pilot has allowed 

his/her takeoff and landing currency to lapse in the specific airplane, the 

takeoff and landing currency may not be accomplished during passengercarrying operations. 

9. Liberty must develop and maintain written B-17 qualification and recurrent ground 

training programs for its PICs and SICs in the B-17 that covers the training subjects 

listed below. Each PIC and SIC in the B-17 must receive the following training 

within the previous 12 calendar months and be found to be competent and proficient 

in these areas prior to serving in an PIC or SIC position in the B-17: 
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REQUIRED TRAINING TASKS 

a. General information and description of the airplane; 

b. Aircraft limitations; 

c. Aircraft servicing; 

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 proper 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; 

m. Weight and balance; 

n. Performance planning; 

o. Airplane's checklist; and 

p. Differences in type. 

10. Liberty must develop and maintain a written qualification and recurrent ground 

training program for its PIC in each specific airplane that covers the training subjects 

listed below. Each PIC must receive the following training within the previous 

12 calendar months and be found to be competent and proficient in these areas prior 

to serving in a PIC position in each specific airplane: 

REQUIRED TRAINING TASKS 

a. General information and description of the airplane; 

b. Aircraft limitations; 

c. Aircraft servicing; 

d. Airspeeds; 
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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 proper 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; 

m. Weight and balance; 

n. Performance planning; and 

o. Airplane's checklist. 

11. Liberty must develop and maintain a written B-17 qualification and recurrent flight 

training program for its PIC in the B-17 that covers the areas of operations and tasks, 

as listed in the following table of training tasks. Each PIC in the B-17 must 

successfully accomplish this training before being assigned PIC responsibilities and 

duties. Each PIC in the B-17 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 serving in a PIC position in the B-17 for Liberty: 

REQUIRED TRAINING TASKS 

a. Preflight Preparation, including— 

(i) Aircraft exam (oral or written); and 

(ii) Aircraft performance & limitations (oral or written). 

b. Ground Operations, including— 

(i) Preflight inspection; 

(ii) Cockpit resource management; 

(iii) Powerplant start procedures; 

(iv) Taxiing; and 
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(v) Pre-takeoff checks. 

c. Takeoffs & Departures, including— 

(i) Normal & crosswind takeoffs; 

(ii) Powerplant failure; and 

(iii) Rejected takeoffs. 

d. In-flight Maneuvers, including— 

(i) Steep turns; 

(ii) Approach to stalls; 

(iii) Powerplant failure; 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— 

(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 control system, electronic flight instrument system, & 

 related systems (as appropriate and if equipped); 

(ix) Flight control system; 

(x) Anti-ice & de-ice system; 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 evacuation. 

h. Post flight Procedures, including— 

(i) After landing procedures; and 

(ii) Parking and securing aircraft. 
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12. Liberty must develop and maintain a written qualification and recurrent flight training 

program for its PICs in each specific single engine airplane that covers the areas of 

operations and tasks, as listed in the following table of training tasks. Each PIC must 

successfully accomplish this airplane specific training before being assigned PIC 

responsibilities and duties. Each PIC 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 serving in a PIC position in each 

specific single engine airplane: 

REQUIRED TRAINING TASKS 

a. Preflight Preparation, including— 

(i) Aircraft exam (oral or written); and 

(ii) Aircraft 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) Powerplant failure; and 

(iii) Rejected takeoffs. 

d. In-flight Maneuvers, including— 

(i) Steep turns; 

(ii) Approach to stalls; 

(iii) Powerplant failure; 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— 

(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; 
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(vii) Navigation & avionics system; 

(viii) Automatic flight control system, electronic flight instrument system, & 

 related systems (as appropriate and if equipped); 

(ix) Flight control system; 

(x) Anti-ice & de-ice system; 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 evacuation. 

h. Post flight Procedures, including— 

(i) After landing procedures; and 

(ii) Parking and securing aircraft. 

13. Liberty must develop and maintain a written B-17 qualification and recurrent flight 

training programs for its SIC in the B-17 that covers the areas of operations and tasks, 

as listed in the following table of training tasks. Each SIC in the B-17 must 

successfully accomplish this training before being assigned SIC responsibilities and 

duties. Each SIC in the B-17 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 serving in an SIC position in the B-17 for Liberty: 

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 manipulator of the flight 

 controls; 

e. Engine-out procedures and maneuvering with an engine out while executing the duties 

 of PIC; 

f. Crew resource management training; and 

g. Familiarization with the aircraft flight manual, placards, and markings. 

14. Liberty may not use a pilot nor may any pilot serve as a pilot in any airplane unless, 

since the beginning of the 12th calendar month before that service, that pilot has 

passed a competency check given by the FAA or an authorized check pilot in that 

airplane to determine the pilot's competence in practical skills and techniques in the 

appropriate airplane. The competency check will consist of the appropriate 
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maneuvers and procedures currently required for the original issuance of the 

commercial pilot certificate. 

15. The FAA's Atlanta Flight Standards District Office (FSDO) will determine what 

maneuvers and procedures are critical, such as preflight preparation, ground 

operations, takeoffs and departures, and normal procedures, etc., and maneuvers and 

procedures that may be unsafe for a particular airplane. 

16. 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. 

17. Liberty must document and record all ground and flight training and/or testing 

required by this grant of exemption in a manner acceptable to the FAA's Atlanta 

FSDO. That documentation and records must contain the following information: 

a. Date of each training session; 

b. Date of each testing session; 

c. The amount of time of each session of ground 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 training was given; 

f. Location where each session of ground and flight testing was given; 

g. The airplane identification number in which each flight training session was 

received; 

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

received; 

i. The name and certificate number of the pilot who provided each session of 

training; 

j. The name and certificate number of the pilot who provided each session of 

testing; 

k. The signature and printed name of the pilot who received the training. That 

pilot's signature will serve as a verification of having received 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 a verification of having received each session of 

testing. 
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18. When requested, the Liberty's pilot qualification and recurrent ground- and flighttraining programs and/or records listed in conditions above must be made available to 

the Atlanta FSDO, 1701 Columbia Ave., College Park, GA, 30337, 404-305-7200. 

19. Liberty must have the services of an FAA-certificated airframe and powerplant 

mechanic or an appropriately rated repair station available at all stopovers to perform 

all required maintenance inspections and repairs. 

20. Liberty 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 Liberty 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 the conditions listed above; and 

c. Records of maintenance performed and maintenance inspection records to 

comply with the conditions above, as appropriate. Maintenance and inspection 

records must meet the requirements of §§ 91.405, 43.9, and 43.11. 

21. Before permitting a person to be carried on board its airplane for the purposes 

authorized under this exemption, Liberty will inform that person that its airplanes 

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, 

91.319, 119.5(g), and 119.21(a). The explanation of the significance of a limited 

airworthiness certificate, experimental 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 airplane manufacturing standards. The FAA has not 

established nor has it approved experimental category airworthiness 

certificated airplane manufacturing standards. In contrast, standard category 

airworthiness certificated airplanes are manufactured to FAA-approved 

standards, including standards addressing the design of the airplane and lifelimited parts. 

b. Limited category airworthiness certificated airplanes are issued when the FAA 

finds the airplane— 

ii. Has been previously issued a limited category type certificate and the 

airplane conforms to that type certificate; and 

iii. To be in a good state of preservation and repair and is in a safe operating 

condition. 
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c. An airplane may be issued an experimental airworthiness certificate for the 

purpose of exhibition when the airplane is intended only for exhibition of the 

airplane's flight capabilities, performance, or unusual characteristics at 

airshows, motion picture, television, and similar productions and the 

maintenance of exhibition flight proficiency, including (for persons exhibiting 

the airplane) flying to and from such airshows and productions. 

d. Standard category airworthiness certificates are issued for an airplane when 

theFAA finds the— 

i. Airplane has been built and maintained in accordance with that airplane's 

type certification standards as established by the FAA; and 

ii. Airplane's inspection and maintenance requirements are in compliance with 

the applicable Federal Aviation Regulations. 

22. Liberty must notify the Atlanta FSDO 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 components 

that causes damage to any engine, structure, 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 propeller 

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 systems. 

g. Each failure or malfunction of the wheel brake systems that cause 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. 

k. For the purpose of this section, "during flight" means the period from the 

moment the airplane leaves the surface of the earth on takeoff until it touches 

down on landing. 
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23. 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 hours 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; 

d. With a minimum flight visibility of not 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 only permitted at the departure 

airport. The operator must provide information pertaining to the proposed 

route of flight, which will avoid densely populated areas or congested airways 

in accordance with 14 CFR § 91.319(c) for airplane certificated in the 

experimental category. Those operators utilizing airplane certificated in the 

limited category are not bound by the restriction regarding the avoidance of 

densely populated areas or congested airways; 

f. For passenger-carrying flights greater than 25 statute miles from the departure 

airport and up to 50 statute miles, 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. 

g. Passenger-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 (TEMPO) shall be limiting; and 

h. The airplane may only be operated from an airport that has a fire station or firefighting services available or within close proximity of the airport. 

24. No persons other than the assigned flight crewmembers may be permitted on the pilot 

station of the airplane during flight operations. 

25. Except for essential crewmembers, all flight operations must carry no more than the 

maximum number of passengers permitted by the airplane's weight and balance 

limitations and number of approved seats in the airplane. 

26. All airplanes must have the equipment listed in §§ 91.205(b) and 91.207, and that 

equipment must be in an operable condition during the flight. 
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27. Liberty 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. 

28. Liberty must notify the Atlanta FSDO at least 5 working days (Mondays through 

Fridays) before conducting any PIC or SIC initial 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. 

29. No later than 72 hours prior to commencing flight operations under the terms of this 

grant of exemption, Liberty 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. 

30. Failure to comply with any of the conditions and limitations of this grant of 

exemption will be grounds for the immediate suspension or revocation. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 8565, as amended, to 

November 30, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service