AFS-10-053-E 

January 20, 2010 

 Exemption No. 9996 

 Regulatory Docket No. FAA-2009-1034 

Mr. Chris Prevost 

North Bay Air Museum, Inc. 

23982 Arnold Drive 

Sonoma, CA 95476 

Dear Mr. Prevost: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated October 28, 2009, you petitioned the Federal Aviation Administration (FAA) 

on behalf of the North Bay Air Museum, Inc. (NBAM), for an exemption from §§ 91.315, 

119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR). That exemption, 

if granted, would allow NBAM to conduct historical flight experience operations in its North 

American F-51 (F-51) and Curtis P-40 (P-40).

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to NBAM. 

The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Partial Grant of Exemption No. 9902 (copy enclosed), 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 the aviation history can be represented with static displays in 

museums in the same manner that historic landmarks can be represented in museums, the 
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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 do not differ materially from those presented by the petitioner in the enclosed grant 

of exemption; 

• 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 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant North Bay Air Museum an exemption from 

14 CFR §§ 91.315, 119.5(g), and 119.21(a) to the extent necessary to allow NBAM to operate 

its aircraft as listed in condition no. 1, which have been issued a limited airworthiness 

certificate, to carry passengers on local flights in return for donations, subject to the 

conditions and limitations described below. 

Conditions and Limitations 

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

a. North American F-51, N51GP; and 

b. Curtis P-40, N540TP. 

2. The exemption holder 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; and 

c. The appropriate military technical manuals. 

 3. The pilot in command (PIC) for the F-51 and P-40 must: 

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

rating, an airplane instrument rating, and the aircraft authorization; 

b. Have completed within the previous 12 calendar months, the exemption 

holder'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, the exemption 

holder's PIC proficiency check in each specific airplane for which PIC 

privileges are sought; 
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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 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 

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 which PIC privileges are 

sought. For initial PIC qualification in 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 

passenger-carrying operations. 

4. The exemption holder must develop and maintain written F-51 and P-40 

qualification and recurrent ground training programs for its PICs in the F-51 and 

 P-40 that cover the training subjects listed below. Each PIC in the F-51 and P-40 

must receive the following training within the previous 12 calendar months and be 

found to be competent and knowledgeable in these areas prior to serving in a PIC 

position in the F-51 and P-40: 

REQUIRED TRAINING TASKS

a. General information and description of the airplane; 

b. Airplane limitations; 

c. Airplane 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. 
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(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. 

6. The exemption holder must develop and maintain written F-51 and P-40 qualification and 

recurrent flight training programs for its PICs in the F-51 and P-40 that cover the areas of 

operations and tasks, as listed in the following table of training tasks. Each PIC in the F51 and P-40 must successfully accomplish this training before being assigned PIC 

responsibilities and duties. Each PIC in the F-51 and P-40 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 F-51 

and P-40 for the exemption holder: 

REQUIRED TRAINING TASKS

a. Preflight Preparation— 

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

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

b. Ground Operations— 

(i) Preflight inspection; 

(ii) Cockpit resource management; 

(iii) Powerplant start procedures; 

(iv) Taxiing; and 

(v) Pre-takeoff checks. 

c. Takeoffs & Departures— 

(i) Normal & crosswind takeoffs; 

(ii) Powerplant failure; and 

(iii) Rejected takeoffs. 

d. In-flight Maneuvers— 

(i) Steep turns; 

(ii) Approach to stalls; 

(iii) Powerplant failure; and 

(iv) Specific flight characteristics. 

e. Landings & Approaches to Landing— 

(i) Normal & crosswind approaches & landing; 

(ii) Power off landings; 

(iii) Rejected landing; and 

(iv) Landing from a no flap or a nonstandard flap approach. 

f. Normal & Abnormal Procedures— 
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(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) Airplane & personal emergency equipment. 

g. Emergency Procedures— 

(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— 

(i) After landing procedures; and 

(ii) Parking and securing airplane. 

 

7. The exemption holder 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 maneuvers and 

procedures currently required for the original issuance of the commercial pilot certificate. 

 The FAA's local jurisdictional Flight Standards District Office (FSDO) where the aircraft 

is permanently based 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. 

8. 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. 
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9. The exemption holder 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 local 

jurisdictional FSDO where the aircraft is permanently based. 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. 

10. When requested, the exemption holder’s pilot qualification and recurrent ground- and 

flight-training programs and/or records listed in conditions above must be made available 

to the FAA's local jurisdictional FSDO where the aircraft are permanently based. 

11. The exemption holder 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. 

12. The exemption holder 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 the exemption holder authorizes to conduct 

flight operations in its airplanes under the terms of this exemption; 

b. Copies of each PIC's pilot certificate, medical certificate, qualifications, and initial 

and recurrent training and testing documentation to comply with the conditions 

listed above; and 
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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 §§ 43.9, 43.11, and 91.405. 

13. Before permitting a person to be carried on board its airplanes for the purposes authorized 

under this exemption, the exemption holder 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 

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. In contrast, standard category 

airworthiness certificated airplanes are manufactured to FAA-approved standards, 

including standards addressing the design of the airplane and life-limited parts; 

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

the airplane— 

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

airplane conforms to that type certificate; and 

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

condition. 

c. Standard category airworthiness certificates are issued for an airplane when the FAA 

 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. 

14. The exemption holder must notify the FAA's local jurisdictional FSDO where the aircraft 

are permanently based 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; 
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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 system that causes 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; and 

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. 

15. 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; 

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. 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 
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g. The airplane may only be operated from an airport that has a fire station or 

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

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

station of the airplanes during flight operations. 

17. 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. 

18. 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. 

19. The exemption holder 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. 

20. The exemption holder must notify the FAA's local jurisdictional FSDO where the aircraft 

are permanently based 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. 

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

of exemption, the exemption holder 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. 

22. 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 the exemption. 

This exemption terminates on January 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosure