AFS-10-398-E Oct 26 2010

Exemption No. 6802I Regulatory Docket No. FAA-2002-11285

Mr. Robert A. Stenevik Commemorative Air Force, Inc. 109 San Medina Lane Joshua, TX 76058
Dear Mr. Stenevik: This letter is to inform you that we have amended Exemption No. 6802, as amended. It explains the basis for our decision, describes its effect, and lists the revised conditions and limitations.
The Basis for Our Decision By letter dated September 2, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Commemorative Air Force, Inc. (CAF), for an amendment to Exemption No. 6802, as amended. That exemption from §§ 91.315, 91.319( a), 119.5(g), and 119.25(b) of Title 14, Code of Federal Regulations (14 CFR) allows CAF to operate certain aircraft for the purpose of carrying passengers for compensation or hire fo r Living History Flight Experiences (LHFE). The amendment you request would add the North America P-51D (P-51), N44727 aircraft, to the list of aircraft covered by this exemption.
Our Decision The FAA has amended the conditions and limitations of Exemption No. 6802, as amended, by adding the P-51 to the list of aircraft covered by this exemption. In addition, the FAA has modified and/or added to the conditions and limitations of Exemption No. 6802, as amended, to address several issues raised by another exemption holder. These changes are made to clarify original content, furt her define the intent, and provide consistency of safety-related aspects of the conditions and limitations. The FAA will be making these changes to all LHFE exemptions as they are amended or extended.2 Please note that the conditions and limitations included with an exemption are the FAA’s means of ensuring an equivalent level of safety. This may necessitate limitations that go beyond the established regulations due to the fact that the proposed operation is, by its need for an exemption, outside the normal regulatory structure. Passengers wishing to experience aerobatics can obt ain rides in aircraft type certificated for aerobatics. The LHFE aircraft are designed to provide for experiences not otherwise available to the public. Therefore, Condition No. 25 has been added to ensure that the intent of the exemption is clear. This limitation will be added to all LHFE exemptions to clarify the intent of the exemptions. Condition No. 26 prohibits formation flight. Formation flight is already prohibited by § 91.111(b), but this was added to ensure that the exemption holders had a clear understanding of this restriction. This limitation will be added to a ll LHFE exemptions to clarify the intent of the exemptions. Condition No. 27 has been added requiring a preflight briefing but permitting other than the pilot in command (PIC) to provide the necessary preflight briefing; however, CAF is reminded that in accordance with § 91.107(a)(2), the briefing remains a PIC responsibility. This requirement will be added to all LHFE exemptions. The LHFE exemptions have never permitted the passengers to manipulate the flight controls. Only trained crewmembers may manipulate the flight controls. Condition No. 29 has been added to clarify this issue. This clarification is also being added to all LHFE exemptions. Condition No. 34 has been added to require that ope rators of LHFE aircraft develop a continuous analysis and management program for all aircraft subject to this exemption that ensures compliance with its inspection program, training program, and conditions and limitations of this exemption. This requirement will be added to all LHFE exemptions.
Conditions and Limitations 1. This exemption applies only to the aircraft listed below:

a. Aeronca L-3S, N36681; b. Beech C-45, N4207;

c. Boeing B-29, N529B; d. Boeing B-17, N9323Z and N7227C;

e. Boeing PT-17, N1387V; f. Consolidated B-24, N24927; g. Consolidated Vultee BT-13, N27003; h. Curtis SB2C, N92879; i. Curtis C-46, N53594;3 j. Douglas A-26, N626SH, N9682C, and N240P; k. Douglas SBD, N82GA; l. Fairchild PT-26, N46693;

m. Grumman TBM, N5264 and N53503;

n. North American B-25, N9643C, N27493, N345TH, N5865V, N25YR, and N125AZ;

o. North American P-51, N5428V, N10601, N61429, and N44727; p. North American SNJ-5, N103LT; and q. North American T-28, N70743.
2. CAF must maintain its limited category aircraft in accordance with the:

a. Maintenance requirements as specified in the aircraft type specification sheet, as amended; b. FAA-approved maintenance inspection program that meets the requirements of § 91.409(a) and (b) or § 91.409(e), (f)(4), and (g), as appropriate; and

c. Military technical manuals for the specific aircraft.
3. CAF must maintain its experimental aircraft in accordance with the:

a. Maintenance requirements as specified in the aircraft’s FAA-issued operating limitations, as amended; b. FAA-approved maintenance inspection program that meets the scope and content of § 91.409(a) and (b); and

c. Military technical manuals for the specific aircraft.
4. The PIC for the B-17, B-24, B-25, and A-26 must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft multiengine land rating, an airplane instrument rating, and the appropriate unrestricted type rating; b. Have completed within the previous 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training pr ogram in each aircraft for which PIC privileges are sought;

c. Have completed within the previous 12 calendar months, CAF’s PIC proficiency check in each aircraft 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 the specific aircraft; or have at least a total of 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in a multiengine land4 airplane, and 100 hours and 50 takeoffs and 50 landings in the specific aircraft; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in each aircraft for which PIC privileges are sought. For initial PIC qualification in the specific aircraft or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff and landing currency may not be accomplished during passenger-carrying operations.
5. The PIC for the B-29 must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane multiengine land rating, an airplane instrument rating, and the appropriate unrestricted experimental aircraft authorization; b. Have completed within the previous 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training pr ogram in each aircraft for which PIC privileges are sought;

c. Have completed within the previous 12 calendar months, CAF’s PIC proficiency check in each aircraft 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 airplane, and 25 hours in the specific aircraft; 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 the specific aircraft; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings in each aircraft for which PIC privileges are sought. For initial PIC qualification in the specific aircraft or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff and landing currency may not be accomplished during passenger-carrying operations.
6. The PIC for the G-TBM must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft singleengine land rating, an airplane instrument rating, and an unrestricted G-TBM type rating; b. Have completed within the previous 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training program in the G-TBM;

c. Have completed within the previous 12 calendar months, CAF’s PIC proficiency check in the G-TBM; d. Have at least a total of 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical flight experience in single-engine land airplanes, and 25 hours in the G- TBM; or have at least a total of 1,000 hours of aeronautical flight5 experience, 200 hours of aeronautical flight experience in a single-engine land airplane, and 100 hours and 50 takeoffs and 50 landings in the G-TBM; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the G-TBM. For initial PIC qualification in the G-TBM or if the pilot has allowed his/her takeoff and landing currency to lapse in the G-TBM, the takeoff and landing currency may not be accomplished during passenger-carrying operations.
7. The PIC for the experimental aircraft must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane singleengine land rating and an aircraft instrument rating and the appropriate unrestricted experimental aircraft aut horization if required by the FAA-issued operating limitations; b. Have completed within the previous 12 calendar months, CAF’s PIC qualification and recurrent flight and ground training program in the specific aircraft;

c. Have completed within the previous 12 calendar months, CAF’s PIC proficiency check in the specific aircraft; d. Have at least a total of 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical flight experience in single-engine land airplanes, and 25 hours in the specific aircraft; or have at least a total of 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 the specific aircraft; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the specific aircraft. For initial PIC qualification in the specific aircraft or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff and landing currency may not be accomplished during passenger-carrying operations.
8. The second in command (SIC) for the B-17, B-24, or B-25, A-26, and B-29 must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane multiengine land rating and an airplane instrument rating; b. Have completed within the previous 12 calendar months, CAF’s SIC qualification and recurrent flight and ground training pr ogram in the aircraft for which SIC privileges are sought;

c. Have completed within the previous 12 calendar months, CAF’s SIC proficiency check in each aircraft 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 airplanes; or have at least a total of 500 hours of aeronautical flight experience, 100 hours of aeronautical6 flight experience in a multiengine land airplanes, and 25 hours and 10 takeoffs and 10 landings in each aircraft 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 aircraft for which SIC privileges are sought. For initial SIC qualification in the specific aircraft or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff and landing currency may not be accomplished during passenger-carrying operations.
9. CAF must develop and maintain written multiengine airplane specific qualification and recurrent ground training programs for its PICs and SICs in each specific airplane that cover the training subjects listed below. E ach PIC and SIC 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 or SIC position in the specific multiengine aircraft: REQUIRED TRAINING TASKS:

a. General information and description of the aircraft; 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 ground and flight 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—7 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. Aircraft’s checklist; and p. Differences in type.
10. CAF must develop and maintain a written single-engine airplane qualification and recurrent ground training program for its PICs in each single-engine airplane that covers the training subjects listed below. Each PI C 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 the specific single-engine airplane: REQUIRED TRAINING TASKS:

a. General information and description of the aircraft; 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 ground and flight 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;8 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. Aircraft’s checklist.
11. CAF must develop and maintain written multiengine airplane qualification and recurrent flight training programs for its PICs in the specific airplane that cover the areas of operations and tasks, as listed in the following below. Each PIC in multiengine airplanes must successfully accomplish this training before being assigned PIC responsibilities and duties. Each PIC in multiengine airplanes 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 specfic multiengine airplane for CAF: 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. Pretakeoff 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;9 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 & deice system; and xi. Aircraft & personal emergency equipment; g. Emergency Procedures, including— i. In-flight fire & smoke removal; ii. Emergency descent; iii. Ditching; and iv. Emergency evacuation; h. Postflight Procedures, including— i. After landing procedures; and ii. Parking and securing aircraft.
12. CAF must develop and maintain a written G-TBM qualification and recurrent flight training program for its PICs in the G-TBM that covers the areas of operations and tasks, as listed in the following table of training tasks. Each PIC in the G-TBM must successfully accomplish this training before being assigned PIC responsibilities and duties. Each PIC in the G-TBM must receive and successfully accomplish the following10 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 G-TBM: 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. Pretakeoff 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 system (as appropriate and if equipped);11 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 & deice system; and xi. Aircraft & personal emergency equipment; g. Emergency Procedures, including— i. In-flight fire & smoke removal; ii. Emergency descent; iii. Ditching; and iv. Emergency evacuation; h. Postflight Procedures, including— i. After landing procedures; and ii. Parking and securing aircraft.
13. CAF must develop and maintain a written single-engine airplane qualification and recurrent flight training program for its PICs in each single-engine airplane that covers the areas of operations and tasks, as listed in the following table of training tasks. Each PIC in single-engine airplanes must successfully accomplish this training before being assigned PIC responsibilities and duties. Each PIC in the single-engine airplanes 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 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. Pretakeoff checks;12 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 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 & deice system; and xi. Aircraft & personal emergency equipment; g. Emergency Procedures, including— i. In-flight fire & smoke removal; ii. Emergency descent; iii. Ditching; and iv. Emergency evacuation;13 h. Postflight Procedures, including— i. After landing procedures; and ii. Parking and securing aircraft.
14. CAF must develop and maintain written qualification and recurrent flight training programs for its SICs in the airplanes requiring SIC by type certificate or operating rule that cover the areas of operations and tasks, as listed in the following table of training tasks. Each SIC must successfully accomplish this training before being assigned SIC responsibilities and duties. Each SIC 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 for CAF: 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 SIC; f. Crew resource management training; and g. Familiarization with the aircraft flight manual, placards, and markings.
15. CAF may not use a pilot nor may any pilot serve as a pilot in any aircraft 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 aircraft to determine the pilot’s competence in practical skills and techniques in the appropriate aircraft. The competency check will consist of the appropriate maneuvers and procedures currently required for the original issuance of the commercial pilot certificate. The FAA’s Lubbock, Texas Flight Standards Dist rict 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 aircraft.
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. CAF must notify the Lubbock FSDO at least 5 working days (Mondays through Fridays) before conducting any PIC or SIC initial or recurrent qualification training and any PIC14 or SIC initial or recurrent proficiency checks required to be conducted under the terms of this grant of exemption.
18. CAF 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 Lubbock FSDO. That documentation and records must contain the following information:

a. Date of each training session; b. Date of each testing session;

c. Amount of time of each session of ground and flight training given; d. Amount of time of each session of ground and flight testing given;

e. Results of each session of ground and flight testing given; f. Location where each session of ground and flight training was given; g. Location where each session of ground and flight testing was given; h. Aircraft identification number in which each flight training session was received; i. Aircraft identification number in which each flight testing session was received; j. Name and certificate number of the pilot who provided each session of training; k. Name and certificate number of the pilot who provided each session of testing; l. Signature and printed name of the pilot who received the training. That pilot’s signature will serve as a verification of ha ving received each session of training; and

m. 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. 19. When requested, CAF pilot qualification and recurrent ground and flight training programs and/or records listed under the conditions of this exemption must be made available to the Lubbock FSDO. 20. CAF must have the services of an FAA-certif icated airframe and powerplant mechanic or an appropriately rated repair station available at all stopovers to perform all required maintenance inspections and repairs.
21. CAF 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 CAF authorizes to conduct flight operations in its aircraft 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; and15 c. Records of maintenance performed and maintenance inspection records as appropriate. Maintenance and inspection records must meet the requirements of §§ 43.9, 43.11, 91.405.
22. Before permitting a person to be carried on board its aircraft for the purposes authorized under this exemption, CAF will inform that person that its aircraft hold only a limited or experimental airworthiness certificate; the si gnificance 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, or experimental airworthiness certificate comp ared 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 standa rds. The FAA has not established nor has it approved experimental category airworthiness certificated aircraft manufacturing standards. In contrast, st andard category airworthiness certificated aircraft are manufactured to FAA-approved 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. An aircraft may be issued an experimental airworthiness certificate for the purpose of exhibition when the aircraft is intended only for exhibition of the aircraft’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 aircraft) flying to and from such airshows and productions;
d. 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.
23. CAF must notify the FSDO with oversight of the specific aircraft within 24 hours of any of the occurrences listed below by written report, electronic mail, or facsimile. For the16 purpose of this section, “during flight” or “i n-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: 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. 24. 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 aviation17 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 must avoid densely populated areas or congested airways in accordance with § 91.319(c) for aircraft certificated in the experimental category. Those operators utilizing aircraft 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 1,000 feet AGL. 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 g. The aircraft may only be operated from an airport that has a fire station or firefighting services available or within close proximity of the airport. 25. The PIC is prohibited from performing aerobatic flight while passengers are onboard the aircraft.
26. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., formation flying) is prohibited.
27. Prior to flight, the PIC must ensure that a passenger briefing meeting the scope and content of § 135.117 has been provided to the passenger(s).
28. No persons other than the assigned flight crewmembers may be permitted on the pilot station of the aircraft during flight operations.
29. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls during flight operations.
30. All flight operations must carry no more than the maximum number of passengers permitted by the aircraft’s weight and balance limitations and number of approved seats in the aircraft.
31. All aircraft must have the equipment listed in §§ 91.205(b) and 91.207 and that equipment must be in an operable condition during the flight.
32. CAF 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.18 33. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, CAF 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.
34. CAF must develop a continuous analysis and management program for all aircraft subject to this exemption that ensures compliance with its inspection program, training program, and conditions and limitations of this exemption. 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 Exemption No. 6802, as amended. The Effect of Our Decision The termination date of Exemption No. 6802, as amended, remains November 30, 2011, unless sooner superseded or rescinded. Sincerely,
/s/ John W. McGraw Acting Director, Flight Standards Service