AFS

- 13

- 417

- E July 24, 2013

Exemption No. 6541N Regulatory Docket No. FAA

- 2001

- 10876

Mr. Jonathan Harger

Government Advocacy Specialist Experimental Aircraft Association

P.O. Box 3086 Oshkosh, WI 54903

Dear Mr . Harger :

This letter is to inform you that we have granted your petition to extend Exemption No. 6541. It expl ains the basis for our decision, describes its effect, and lists the

revised conditions and limitations.

The Basis f or Our Decision

By letter dated June 11, 2013 , you petitioned the Federal Aviation Administration (FAA) on behalf of the Experimental Aircraft Association, Inc. (EAA), for an extension of Exemption

No. 6541, as amended. That exemption from §§ 91.315, 91.3 19(a)(2), 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows EAA to operate its Spirit

of St. Louis and B

- 17, N5017N, aircraft for the purpose of carrying passengers for compensation or hire on local flights for educational an d historical purposes.

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 exi sts for not publishing a summary of the petition

in the Federal Register because the requested extension of and amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to

EAA.2

Our Decision

The FA A has modified and added to the conditions and l imitations of Exemption No. 6541. The first change correct s an incorrect reference to an airplane single

- engine land rating required for EAA’ s mul t i

- engine B

- 17 aircraft. The other changes addressin g consis tent or incorrect terminology regarding training tasks and records . These changes clarify the original

content

, further define the intent

, and provide consistency of the safety

- related aspects of the conditions and limitations. The FAA will be making the se terminology changes to all living history flight experience ( LHFE ) exemptions as they are amended or extended.

The conditions and limitations included with an exemption are not based on specific regulations

, but are the FAA’s means of ensuring an equiv alent level of safety is met

. Determining the equivalent level of safety may necessitate limitations that go beyond the established regulations because the proposed operation is, by its need for an exemption, outside the normal regulatory structure.

Limi tation No. 4

, incorrectly required that the pilot in command (PIC) for the B

- 17 must h old at least a commercial pilot certificate with an airplane single

- engine land rating and an airplane instrument rating . This is corrected by requiring that the PIC mus t hold at least a commercial pilot cer tificate with an airplane multi

- engine land rating and an airplane

ins trument rating.

Limitation No. 9 , Required Training Tasks table for PIC s of the B

- 17 , tasks (c), (d) and (e) as previously drafted lead the user to the incorrect impression that an actual shutdown of a powerplant was required during task (c); Takeoffs & Departures. This clarification is necessary since the term “simulated powerplant failure” was used in task (e); Landings and Approaches to Landings; however, tasks (c) and (d) did not use the word “simulated.” The wording is revised to clarify that the actual shutdown (and re

- start) of a powerplant should only be demonstrated in task (d); Inflight Maneuvers. The revision also stipulates that an

actu al shutdown and re

- start of a powerplant is only required for initial PIC qualification.

Limitation No. 10 , Required Training Tasks table for PIC s in the Spirit of St. Louis , tasks (c), (d) and (e) as previously drafted lead the user to the incorrect impr ession that an actual shutdown of a powerplant was required during task (c); Takeoffs & Departures. This clarification is necessary since the term “simulated powerplant failure” was used in task (e); Landings and Approaches to Landings; however, tasks (c) and (d) did not use the word “simulated.” The wording is revised to clarify that all powerplant failures referenced in this

table should be simulated.

Limitation No. 11 , Required Training Tasks table for second in command (SIC) in the B

- 17

, task (e) h ad previously used the terms “engine

- out procedures” and “maneuvering with an engine

- out” which is inconsistent with the terminology used in the PIC training table. The wording is revised to state the requirements are; “powerplant failure procedures” and “maneuvering with a simulated powerplant failure.”3

Limitation No. 15, had previously r eferenced an incomplete list of records that must be made available, upon request

, to the Milwaukee Flight Standards District Office (FSDO). The limitation previously s tated “ When requested by the FAA, the EAA’s pilot qualification and recurrent ground and flight training programs and/or records listed in condition Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 must be made available to the Milwaukee FSDO ...” The

limitation is corrected to state that “When requested, EAA 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 Milwaukee FSDO ...”

Limitation No. 17 (b) , had pr eviously referenced an incomplete list of records that must be

made available for FAA review

, when requested

. The limitation previously stated “ EAA will maintain the following information and records and will make those records available for

FAA review w hen requested: Copies of the PIC’s pilot certificate, medical certificate, qualifications, and initial and recurrent training and testing documentation to comply with condition Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14; and ” The limitation i s corrected to state
that “ EAA will maintain the following information and records and will make those records available for FAA review when requested:

... (b) Copies of the PIC’s pilot certificate, medical certificate, pilot qualification and recurrent ground and flight training programs and/or records listed under the conditions of this exemption; and ”

The FAA has determined that the justification for the issuance of Exemption No. 6541, as amended, remains valid with respect to this exemption and is in the public inter est. 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 o nly to the following aircraft:

a. B

- 17, N5017N ; and

b. The EAA Spirit of St. Louis replica Ryan NYP.

2. EAA must maintain its B

- 17 in accordance with the

—

a. Maintenance requirements as specified in the B

- 17 type specification sheet, as amended;

b. FAA

- approved maintena nce inspection program that meets the requirements of § 91.409(e), (f)(4)

, and (g); and

c. B

- 17 military technical manuals.

3. EAA must maintain its Spirit of St. Louis replica in accordance with the

—

a. Maintenance requirements as specified in its Spirit of St. Louis operating limitations, as amended; and4

b. FAA

- approved maintenance inspection program that meets the requirements of § 91.409(a) and (b).

4. The PIC for the B

- 17 must

–

a. Hold at least a commercial pilot certificate with an airplane multi

- engine land

rati ng and an airplane instrument rating;

b. Have completed within the previous 12 calendar months, EAA ’ s PIC qualification and recurrent flight and ground training program in the B

- 17 for which PIC privileges are sought;

c. Have completed within the p revious 12 cal endar months, EAA’ s PIC proficiency

check in the B

- 17 for which PIC privileges are sought;

d. Have at least a total of:

i. 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical flight experience in multi engine land airplanes, and 25 hours in a B

- 17; or

ii. 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in a multi engine land airplane, and 100 hours and

50 takeoffs and 50 landings in a B

- 17 ; and

e. Have accomplished within the previous 90 days, three takeoff s and three landings to a full stop in a B

- 17 for which PIC privileges are sought. For initial PIC qualification in a B

- 17 or if the pilot has allowed his/her takeoff and landing currency to lapse in a B

- 17

, the takeoff and landing currency may not be

acc omplished during passenger

- carrying operations.

5. The PIC for the Spirit of St. Louis must

–

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

- engine land rating and an airplane instrument rating;

b. Have completed within the p revious 12 cal endar months, EAA’ s PIC qualification and recurrent flight and ground training program in the Spirit of

St. Louis for which PIC privileges are sought;

c. Have completed within the p revious 12 calendar months, EAA’ s PIC proficiency

check in the Spirit of St. L ouis for which PIC privileges are sought;

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 the Spirit

of St. Louis ; * or

[ *NOTE : 12.5 hou rs of the aeronautical flight experience required to be performed in the Spirit of St. Louis may be performed in EAA’s 1929

Travel Air E

- 4000. ]5

ii. 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in a single

- engine la nd airplane, and 100 hours and

50 takeoffs and 50 landings in the Spirit of St. Louis ; ** and

[ **NOTE : 50 hours and 25 takeoffs and 25 landings of the aeronautical flight experience required to be performed in the Spirit of St. Louis may be performed in E AA’s 1929 Travel Air E

- 4000. ]

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the Spirit of St. Louis for which PIC privileges are sought. For initial PIC qualification in the Spirit of St. Louis or if th e pilot has allowed his/her takeoff and landing currency to lapse in the Spirit of St. Louis, th e takeoff and landing currency may not be accomplished during passenger

- carrying operations.

6. The second in command (SIC) for the B

- 17 must

—

a. Hold at least a com mercial pilot certificate with an airplane multiengine land rating and an airplane instrument rating;

b. Have completed within the previous 12 calendar months, EAA’s SIC qualification and recurrent flight and ground training program in a B

- 17 for which SIC pr ivileges are sought;

c. Have completed within the previous 12 calendar months, EAA’s SIC proficiency

check in a B

- 17 for which SIC privileges are sought;

d. Have at least a total of :

i. 1,500 hours of aeronautical flight experience, 250 hours of aeronautical fligh t experience in a multiengine land airplane ; or

ii. 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 a B

- 17; and

e. Have accomplished withi n the previous 90 days, three takeoffs and three landings to a full stop in a B

- 17 for which SIC privileges are sought. For initial SIC qualification in a B

- 17 or if the pilot has allowed his/her takeoff and landing currency to lapse in a B

- 17, the takeof f and landing currency may not be accomplished during passenger

- carrying operations.

7. EAA must develop and maintain a written B

- 17 qua lification and recurrent ground training program for its PICs and SICs in the B

- 17 that covers the training subjects

list ed 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 a PIC or SIC position in the B

- 17:6

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 e mergency 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 pas sengers or crewmembers; m. Weight and balance; n. Performance planning; and o. Airplane’ s checklist.

8. EAA must develop and maintain a writt en Spirit of St. Louis qualification and recurrent ground training program for its PICs in the Spirit of St. Louis that covers the training subjects listed below. Each PIC in the Spirit of St. Louis 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 as PIC in the Spirit of

St. Louis:

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;7

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) Ind ividual 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, inj ury, or other abnormal situations involving passengers or crewmembers; m. Weight and balance; n. Performance planning; and o. Airplane’ s checklist.

9. EAA must develop and maintain a written B

- 17 qualification and recurrent flight training program for its PICs 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 responsibilitie s 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 the se areas prior to serving in a PIC posit ion in the B

- 17

for EAA:

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 insp ection ; (ii) Cockpit resource management ; (iii) Powerplant start procedures ; (iv) Taxiing ; and (v) Pre

- takeoff checks

. c. Takeoffs & Departures , including

— (i) Normal & crosswind takeoffs ; (ii) Simulated p owerplant failure ; and (iii) Rej ected takeoffs

.8

d. In

- flight Maneuvers , including

— (i) Steep turns ; (ii) Approach to stalls ; (iii) Powerplant failure (actual shutdown and re

- start procedure for initial PIC qualification, all other powerplant failure training may be simulated); 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) Emergency descent ; (iii) Ditching ; and (iv) Emergency evacuation

. h. Postflight Procedures , i ncluding

— (i) After landing procedures ; and (ii) Parking and securing aircraft

.

10. EAA must develop and maintain a written Spirit of St. Louis qualification and recurrent flight training program for its PICs in the Spirit of St. Louis that covers the

a reas of operations and tasks, as listed in the following table of required training tasks. Each PIC in the Spirit of St. Louis must successfully accomplish this training before being assigned PIC responsibilities and duties. Each PIC in the Spirit of

St. Louis 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 as PIC in the Spirit of St. Louis:9

REQUIRED TRAINING TASKS

a. Pref light 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 star t procedures ; (iv) Taxiing ; and (v) Pre

- takeoff checks

. c. Takeoffs & Departures, including

— (i) Normal & crosswind takeoffs ; (ii) Simulated P owerplant failure ; and (iii) Rejected takeoffs

. d. In

- flight Maneuvers , including

— (i) Steep turn s ; (ii) Approach to stalls ; (iii) Simulated P owerplant failure ; and (iv) Specific flight characteristics

. e. Landings & Approaches to Landing , including

— (i) Normal & crosswind approaches & landing ; (ii) Maneuvering to a landing with a simulate d 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 (a s 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) Emergency descent ; (iii) D itching ; and (iv) Emergency evacuation

. h. Postflight Procedures , including

—10

(i) After landing procedures ; and (ii) Parking and securing aircraft

.

11. EAA must develop and maintain a written B

- 17 qualification and recurrent flight training program f or its SICs in the B

- 17 that covers 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 EAA:

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 mani pulator of the flight controls;

e. Powerplant failure procedures and maneuvering with a simulated powerplant failure while executing the duties of PIC; f. Crew resource management training; and g. Familiarization with the airplane flight manual, plac ards, and markings.

12. EAA may not use a pilot nor may any pilot serve as a pilot in any aircraft unless, since the beginning of the 12 th calendar month before that service, that pilot has passed a competency check given by the FAA or an authorized check pi lot 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

comm ercial pilot certificate. The FAA’s Milwaukee 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 ma neuvers and procedures that may be unsafe for a particular aircraft.

13. 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.

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

a. Date of each training session;

b. Date of each testing session;11

c. The amount of time of each session of g round and flight training given;

d. The amount of time of each sessio n of ground and flight testing given;

e. Location where each session of ground and flight training was given;

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

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

rece ived;

h. The airplane identification number in which each flig ht testing session was received;

i. The name and certificate number of the pilot who pr ovided each session of training;

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

testin g;

k. The signature and printed name of the pilot who received the training. That pilot’s signature will serve as a verification of having re ceived each session of training; and

l. The signature and printed name of the pilot who received the testing. That pilo t’s signature will serve as a verification of having received each session of testing.

15. When requested, EAA pilot qualification and recurrent ground and flight training programs and/or records listed under the conditions of this exemption must be made

avai lable to the Milwaukee FSDO, 4915 South Howell Avenue, Milwaukee, Wisconsin 53207, (414) 486

- 2920.

16. EAA must have the services of an FAA

- certificated airframe and powerplant mechanic or an appropriately rated repair station available at all stopovers to pe rform all required maintenance inspections and repairs.

17. EAA will maintain the following information and records and will make those records available for FAA review when requested:

a. The name of each pilot crewmember EAA authorizes to conduct flight operati ons in its airplanes under the terms of this exemption;

b. Copies of the PIC’ s pilot certificate, medical certificate, pilot qualification and recurrent ground and flight training programs and/or records listed under the conditions of this exemption ; and

c. Reco rds of maintenance performed and maintenance inspection records to comply

with condition Nos. 2 and 3, as appropriate. Maintenance and inspection records

must mee t the requirements of §§ 43.9, 43.11 , and 91.405

.12

18. Before permitting a person to be carried o n board its airplane for the purposes authorized under this exemption, EAA 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 c ertificate; 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 aircraft manufacturing standards. The FAA has not esta blished nor has it approved experimental

- category

- airworthiness

- certificated aircraft manufacturing standards. In contrast, standard

- category

- airworthiness

certificated aircraft are manufactured to FAA

- approved standards, including standards addressing th e design of the aircraft and life

- limited parts;

b. Limited

- category

- airworthiness

- certificated aircraft are issued when the FAA finds the airplane

—

i. Has been previously issued a limited

- category type certificate and the aircraft conforms to that type certific ate; 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

air craft ’ 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 fro m s uch airshows and productions; and

d. Standard

- category airworthiness certificates are issued for an aircraft when the

FAA finds the

—

i. Aircraft has been built and maintained i n accordance with that aircraft’ s type certification standards as established by the F AA; and

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

19. EAA must notify the Milwaukee FSDO within 24 hours of any of the following occurrences by written report, by electronic mail, or by facsimile. 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.

a. Each in

- flight fire in any system or area that requires activation o f any fire suppression system or discharge of a portable fire extinguisher;13

b. Each exhaust system component failure, including the turbocharger components, that causes damage to any engine, st ructure, cowling, or components;

c. Each airplane component or system that causes, during flight, accumulation or circulation of noxious fumes, smoke, or vapor in any po rtion 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 feathe ring;

e. Each failure of the propeller governin g systems or feathering systems;

f. Any landing gear system or component failures or malfunctions, which require use of emergency or standby ex tension systems;

g. Each failure or malfunction of the wheel brake system t hat causes loss of brake control on the ground;

h. Each airplane structure that requires major repair due to damage, deformation, or

corr osion, and the method of repair;

i. Each failure or malfunction of the fuel system, tanks, pumps, or valves; and

j. Each malfunc tion, failure, or defect in any system or component that requires taking emergency action of any type during the course of any flight.

20. 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; and

e. From an airport that has a fire station or fire

- fighting services available or within close proximity of the airport.

21. Passenger

- carrying operati ons 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 aircraft certificated in the expe rimental 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.14

22. For passenger

- carrying flights greater than 25 statute mi les 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 visibilit y and cloud ceilings no less than 2,000 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 prob ability (PROB), becoming (BECOMG), or temporarily (TEMPO) shall be limiting.

23. No persons other than the assigned flight crewmembers may be permitted on the pilot station of the airplane during flight operations.

24. Except for essential crewmembers, all flig ht operations must carry no more than the maximum number of passe ngers permitted by the aircraft’ s weight and balance limitations and number of approved seats in the airplane.

25. 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.

26. EAA 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.

27. EAA must notify the Milwaukee FSDO at least 5 working days (Mondays through Fridays) before conducting any PIC initial or recurrent qualification training and any PIC initial or recurrent proficiency checks required to be conducted under the terms of this grant of exemption.

28. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, EAA must notify the jurisdictional FAA FSDO where it intends to conduct the flight operat ions and shall provide a copy of this exemption to that jurisdictional FAA FSDO.

29. The PIC is prohibited from performing aerobatic flight while passengers are onboard

the aircraft.

30. For all aircraft subject to this exemption, flight within 500 feet of an other aircraft (i.e., formation flying) is prohibited.

31. 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).

32. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls during flight operations.15

33. EAA must develop a continuous analysis and management program for all aircraft subject to this exemption that ensures compliance with its inspection program, training program, an d 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. 6541, as amended.

The Effect of Our Decis ion

The t ermination date of Exemption No. 6541 is extended to November 30, 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Acting Deputy Director, Flight Standards Service