UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION Exemption No. 7255

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

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*

In the matter of the petition of *

*

CONSTELLATION HISTORICAL SOCIETY * Regulatory Docket

AND GLOBAL AERONAUTICAL FOUNDATION * No. 29657

*

for an exemption from Section *

91.529(b) of Title 14, *

Code of Federal Regulations *

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* * * * * * * * * * * * * * * * * * *

GRANT OF EXEMPTION

By letter dated June 28, 1999, Mr. John F. Kenton, Jr.,

FAR Petition Coordinator, Constellation Historical Society (CHS),

835 Dune Street, El Segundo, California 90245 petitioned the

Federal Aviation Administration (FAA) on behalf of CHS and the

Global Aerona utical Foundation (GAF) for an exemption from

Section 91.529(b) of Title 14, Code of Federal Regulations

(14 CFR). The proposed exemption, if granted, would allow CHS

and GAF flight engineers (FEs) to maintain currency in Lockheed

Constellation C

- 121C and EC

- 121 model (Constellation) airplanes,

respectively, using an Events Based Currency (EBC) program rather

than obtaining 50 hours of operating experience or completing a

competency check every 6 months.

The petitioner requires relief from the following regulation:

Section 91.529 prescribes that

-

(a) No person may operate the following airplanes without a

flight crewmember holding a current FE certificate:

(1) An airplane for which a type certificate was issued

before January 2, 1964, having a maximum certificated

takeoff weight of more than 80,000 pounds.

(2) An airplane type certificated after January 1, 1964,

for which an FE is required by the type certification

requirements.

AFS

- 99

- 487

- E(b) No person may serve as a required FE on an airplane

unless, within the preceding 6 calendar months, that

person has had at least 50 hours of flight time as an

FE on that type airplane or has been checked by the

Administrator on that type airplane and is found to be

familiar and competent with all essential current

information and operating procedures.

The petitioner supports its request with the following

information:

The petitioner states that CHS and GAF operate Constellation

airplanes (registration Nos. N73544 and N548GF; serial

Nos. 4175 and 53

- 0548, respectively). According to the

petitioner, it is difficult for CHS and GAF FEs to obtain

the required 50 hours of operating experience within 6

months to maintain currency because the airplanes accumulate

most of their flying time while bein g flown to and from

airshows where they are exhibited. Therefore, the

petitioner indicates that it is rare that the Constellation

airplanes will be flown 50 hours or more within a 6

- month

period.

The petitioner states that CHS and GAF would establish an

E BC program that would consist of training and recordkeeping

for their Constellation airplane FEs who would be subject to

an annual evaluation/checkride. The petitioner indicates

that the annual check ride would be conducted by an FAA

representative at the same time the FAA observes a

pilot

- in

- command proficiency check in the airplane. The

petitioner also states that the EBC program would consist of

demonstrated normal, abnormal, and emergency operations; the

use of checklists; and the computation of airplan e

performance. According to the petitioner, this program

would provide an alternate method of determining each FE's

competency in the airplane. The petitioner provides a copy

of the proposed EBC program as an attachment to the

petition.

The petitioner contends that the rule that requires FEs

operating airplanes under part 91 may have been created as

an effort to regulate the FEs operating airplanes for travel

clubs, which are now regulated under 14 CFR part 125. The

petitioner also states that the compe tency of the

Constellation airplane aircrews is driven as much by their

insurance requirements as it is by the regulations.

The petitioner indicates that the Constellation airplanes

were certificated with an FE because of their complexity;

however, many of the systems that the FE was responsible for

either have been removed or deactivated. The petitioner

also indicates that the complexity of the FE's workload has

been reduced. Therefore, the skill and knowledge requiredof FEs to achieve compet ency also has been reduced. In

addition, the petitioner states that historical/vintage

airplane operations seldom carry a passenger or any kind of

product for compensation or hire. The petitioner indicates

that occasionally rides will be given in the Const ellation

airplanes; however, the number of passengers is limited to

10 for insurance reasons.

The petitioner indicates that the organizations that operate

these airplanes provide the public with the sights and

sounds of a part of U.S. aviation history tha t otherwise

would not be available to them. The petitioner also

indicates that operating these airplanes is very expensive

(for example, the petitioner states that the Constellation

airplanes consume approximately 600 gallons of fuel per

hour) and, if the costs became prohibitive, such operations

would have to be discontinued. The petitioner contends that

if this occurred, few people would see these airplanes in

flight and an important part of our heritage would be lost.

Finally, the petitioner states that the EBC program would

not be implemented until accepted by the Administrator's

representative at the local Flight Standards District

Office.

A summary of the petition was published in the Federal

Register on October 21, 1999 (64 FR 56828). No comments we re

received.

The FAA's analysis/summary is as follows:

It is the FAA's policy to ensure that persons who are

required flight crewmembers are held to appropriate safety

standards. Therefore, an exemption from aviation safety

regulations is not granted rou tinely if the proposed

operation can be performed in full compliance with the

rules. It is incumbent upon a petitioner who requests an

exemption from a particular standard or set of standards to

articulate (1) an overriding public interest in the

operation , and (2) the methods they will use to ensure an

appropriate level of safety.

In this request for exemption, the petitioner has

articulated an overriding public interest in the continued

operation of CHS and GAF's Constellation airplanes. In

addition, the petitioner has demonstrated that safety need

not be affected adversely.

The FAA believes that the preservation of U.S. aviation

history is in the public interest, just as the preservation

of historic buildings, historic landmarks, and historic

neighborho ods is in the public interest. While aviation

history can be represented in static display in museums, in

the same way historic landmarks could be represented in amuseum, the public has shown a desire to have vintage

airplanes maintained and operated so the public can view

these historic airplanes in flight. By definition, no other

airplane can provide the public the unique opportunity to

view the historical Constellation airplanes in flight than

the Constellation itself. In addition, the peti tioner

states that it incurs substantial costs in preserving the

Constellation airplanes.

Finally, the FAA has determined that the petitioner has

taken steps to provide an appropriate level of safety. The

conditions and limitations described in this grant of

exemption will ensure CHS and GAF are maintaining a highly

skilled and qualified cadre of FEs for the operation of

their airplanes.

In consideration of the foregoing, I find that a grant of

exemption is in the public interest. Therefore, pursuant to t he

authority contained in 49 U.S.C. Sections 40113 and 44701,

delegated to me by the Administrator (14 CFR Section 11.53), the

Constellation Historical Society and Global Aeronautical

Foundation and personnel employed as FEs by CHS and GAF are

granted an e xemption from 14 CFR Sections 91.529(a) and (b) to

the extent necessary to allow CHS and GAF FEs to maintain

currency in Constellation airplanes using an EBC program, subject

to the following conditions and limitations:

1. Each flight crewmember assigned to perform FE duties on CHS

and GAF's Constellation airplanes must

-

a. Hold an FE certificate with a reciprocating

- engine

powered rating;

b. Have completed CHS and GAF's qualification and

recurrent events based flight and ground training

program for the Constellation airplanes within the

previous 12 calendar months; and

c. Perform FE duties while the pilot crewmembers perform

three takeoffs and three landings to a full stop in CHS

and GAF's Constellation airplanes within the previous

180 days before ser ving as an FE.

2. CHS and GAF must develop and maintain a written

Constellation airplane qualification and recurrent events

based flight and ground training program for its FE

personnel that covers the following training subjects:

3 Event 3 Number of 3 Other Than a 3

3 3 Events per Year 3 Yearly Event 3

3 3 3 3

3 Review power settings, 3 2 3 3

3 climb, METO, and takeoffs 3 3 33 3 3 3

3 Engine start

- battery only3 6 3 1 each, 3

3 3 3 every 2 months 3

3 3 3 3

3 Engine runup 3 6 3 1 each, 3

3 3 3 every 2 months 3

3 3 3 3

3 Engine analyzer usage 3 6 3 1 each, 3

3 (check engine and 3 3 every 2 months 3

3 sparkplugs) 3 3 3

3 3 3 3

3 Carburetor deice and 3 2 3 1 each, 3

3 anti

- ice checks 3 3 every 6 months 3

3 3 3 3

3 Hydraulics knowledge 3 3 3

3 3 3 3

3 Brake system 3 1 3 3

3 (alternate and Normal) 3 3 3

3 3 3 3

3 Flap usage in taxiing 3 1 3 3

3 3 3 3

3 Takeoffs 3 6 3 1 each, 3

3 3 3 every 2 months 3

3 3 3 3

3 Power and runway 3 6 3 Divided 3

3 computations 3 3 throughout the 3

3 3 3 12

- calendar

- 3

3 3 3 month period 3

3 3 3 3

3 Setup of fuel takeoffs 3 6 3 1 each, 3

3 3 3 every 2 months 3

3 3 3 3

3 Setting power takeoffs 3 6 3 1 each, 3

3 3 3 every 2 months 3

3 3 3 3

3 Propeller control and 3 4 3 1 each, 3

3 manual toggles 3 3 every 3 months 3

3 3 3 3

3 Auto

- feather 3 2 3 1 each, 3

3 (if installed) 3 3 every 6 months 3

3 3 3 3

3 Engine power settings

- 3 6 3 1 each, 3

3 METO and climbs 3 3 every 2 months 3

3 3 3 3

3 Cruise 3 6 3 1 each, 3

3 3 3 every 2 months 3

3 3 3 3

3 Engine power settings

- 3 6 3 1 each, 3

3 cruise 3 3 every 2 months 3

3 3 3 3

3 Engine manual leaning 3 4 3 1 each, 3

3 and spark advance 3 3 every 3 months 3

3 3 3 3

3 Fuel management

- cruise 3 3 3 1 each, 33 3 3 every 4 months 3

3 3 3 3

3 Propeller setting using 3 3 3 1 each, 3

3 manual toggles 3 3 every 4 months 3

3 3 3 3

3 Engine analyzer to 3 2 3 1 each, 3

3 synchronize propellers 3 3 every 6 mon ths 3

3 (to recognize engine 3 3 3

3 performance) 3 3 3

3 3 3 3

3 Abnormal and Emergency Procedures 3

3 3

3 Engine shutdown in flight 3 2 3 Actual 3

3 3 3 3

3 Feather 3 1 3 Actual 3

3 3 3 3

3 Un

- feather 3 1 3 Actual 3

3 3 3 3

3 Drill: 2 engine, 3 2 3 Once each side 3

3 left and right 3 3 (zero thrust) 3

3 3 3

- pair 3

3 3 3 3

3 Engine

- out procedures 3 3 3

3 3 3 3

3 Approach 3 2 3 1 each, 3

3 3 3 every 6 months 3

3 3 3 3

3 Landing 3 2 3 1 each, 3

3 3 3 every 6 months 3

3 3 3 3

3 Touch and go 3 2 3 1 each, 3

3 3 3 every 6 months 3

3 3 3 3

3 Go

- around and rejected 3 2 3 1 each, 3

3 landing 3 3 every 6 months 3

3 3 3 3

3 Two engine

- out procedures 3 3 Alternate 3

3 3 3 actual and 3

3 Left engine 3 1 3 discussion 3

3 3 3 between left 3

3 Right engine 3 1 3 and right side 3

3 3 3 engine

- out 3

3 Go

- around 3 1 3 events 3

3 3 3 3

3 Over

- speed propeller 3 1 3 3

3 3 3 3

3 Uncontrollable and runaway 3 1 3 3

3 propeller 3 3 3

3 3 3 3

3 Propeller control with 3 1 3 3

3 failed tachometer 3 3 3

3 3 3 3

3 Fuel leak in flight 3 1 3 Discussion only3

3 3 3 33 Hydraulic system 3 2 3 1 each, 3

3 3 3 every 6 months 3

3 3 3 3

3 Pump failure 3 1 3 3

3 3 3 3

3 Contaminated system 3 1 3 3

3 3 3 3

3 When to revert to 3 1 3 3

3 boost out 3 3 3

3 3 3 3

3 Hydraulic failure 3 3 3

3 3 3 3

3 Troubleshooting primary 3 1 3 3

3 3 3 3

3 Crossover valve

- manual 3 1 3 3

3 positioning 3 3 3

3 3 3 3

3 Flight controls

- boost 3 3 3

3 out and on conditions 3 3 3

3 3 3 3

3 Troubleshooting secondary3 1 3 3

3 3 3 3

3 Manual extension of 3 1 3 Discussion 3

3 landing gear 3 3 and actual 3

3 3 3 3

3 Access to forward cargo 3 1 3 3

3 compartment

- check nose 3 3 3

3 landing gear 3 3 3

3 3 3 3

3 Identify left forward 3 1 3 Find main 3

3 panel 3 3 landing gear 3

3 3 3 lines behind 3

3 3 3 panel 3

3 3 3 3

3 Replenishment of hydrauli c 3 3 Discussion 3

3 fluid 3 1 3 and actual 3

3 3 3 3

3 Manual extension of flaps3 3 3

3 3 3 3

3 Landing with unsafe 3 1 3 Discussion 3

3 landing gear 3 3 3

3 3 3 3

3 Fire warning system 3 1 3 Discussion 3

3 3 3 3

3 Knowledge of heater 3 1 3 3

3 fire procedure 3 3 3

3 3 3 3

3 Knowledge of smoke 3 1 3 3

3 evacuation procedure 3 3 3

3 3 3 3

3 Knowledge of 3 1 3 3

3 pressurization 3 3 3

3 (if installed) 3 3 3

3 3 3 33 Knowledge of air 3 1 3 3

3 conditioning 3 3 3

3 (if installed) 3 3 3

3 3 3 3

3 Knowledge of 3 1 3 3

3 nonpressurized 3 3 3

3 ventilation 3 3 3

3 (if installed) 3 3 3

3 3 3 3

3 Electrical system 3 3 3

3 3 3 3

3 Generator failure 3 2 3 3

3 3 3 3

3 Loss of all generators 3 1 3 3

3 3 3 3

3 Inverter failure 3 2 3 3

3 3 3 3

3 Review of fuel dump 3 2 3 1 each, 3

3 procedures 3 3 every 6 months 3

3 3 3 3

3 Fuel dump computation 3 1 3 3

3 3 3 3

3 Fuel dumping 3 2 3 3

3 3 3 3

3 Discussion 3 2 3 3

3 3 3 3

3 Actual 3 2 3 Discontinue 3

3 3 3 after fuel 3

3 3 3 vapor is seen 3

3 3 3 from that 3

3 3 3 tank's dump 3

3 3 3 chute 3

3 3 3 3

3. Each FE who is employed or serves as a FE for CHS and GAF

must receive the training identified in condition No. 2

above and be found competent and proficient to serve as a FE

in accordance with the stated training intervals. In

addition, that training must be documented and endorsed in

the applicant's training record and logbook by CHS and GAF's

chief training officer

.

4. CHS and GAF must employ the services of a chief training

officer to supervise the training required by condition

No. 3 above.

5. When requested by the FAA's Western

- Pacific region (WP) Van

Nuys FSDO, the CHS and GAF personnel and training records

listed in condition No. 7 and its written qualification and

recurrent ground training and flight training programs

listed in condition Nos. 2 and 3 must be made available to

the FAA's Van Nuys FSDO, Skylane Building, 16501 Sherman

Way, Suite 330, Van Nuys, California 91406; (818) 904

- 6291.6. CHS and GAF must document and record all ground and flight

training and/or testing required by this grant of exemption

in a manner acceptable to the Van Nuys WP FSDO No. 1. That

documentation and records mus t contain the following

information:

a. Date of each training and/or testing session,

b. Amount of each session of ground and flight training

and/or testing given,

c. Location where each session of ground and flight

training and/or testing was given,

d. Airplane identification number in which each flight

training and/or testing was received, and

e. Name and certificate number of the pilot who provided

each session of training and/or testing.

7. CHS and GAF will maintain the following information and

records and will make those records available for review to

the FAA when requested:

a. Name of each FE crewmember it authorizes to conduct

flight operations in its airplane under the terms of

this exemption; and

b. Copies of each FE's certificate, medical certificate,

qualifications, and initial and recurrent training and

testing documentation to comply with condition Nos. 3

and 5.

8. CHS and GAF must notify the FAA's WP Van Nuys FSDO No. 1 at

least 30 days before conducting any FE training or

proficiency check required to be conducted under the terms

of this exemption.

9. Failure to comply with any of the conditions and limitations

of this grant of exemption will be grounds for the immediate

revocation of this exemption.

This exemption terminates on Jun e 26, 2002, unless sooner

superseded or rescinded.

Issued in Washington, DC, on June 28, 2000.

/s/ L. Nicholas Lacey

Director, Flight Standards Service