AFS-10-247-E

Jul 02 2010

Exemp tion No. 10092 Regul atory Docket No. FAA-2010-0392

Mr. John T. Sessions

CEO Historic Flight Foundation
10719 Bernie Webber Drive Mukilteo, WA 98275-5011

Dear Mr. Sessions:

This letter is to inform you that we have granted y our request for exemption. It transmits our decision, explains its basis, and gives you the con ditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letters posted to the docket on April 7 and Apri l 28, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Historic Flight Foundation (HFF) for an exemption from §§ 91.315, 91.319(a)(2), 119.5(g), a nd 119.21(a) of Title 14, Code of Federal Regulations (14 CFR). That exemption would allow H FF to operate a North American B-25D (registration No. N88972, serial No. 43-3318) for t he purpose of carrying passengers on local educational and historical flights for compensation or hire.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested extension of the exemption w ould not set a precedent, and any delay in acting on this petition would be detrimental to HFF.

The FAA has issued grants of exemption in circumsta nces similar in all material aspects to those presented in your petition. In Grant of Exem ption No. 8716, 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 ha s been determined to be in the public2

interest. While aviation history can be represente d with static displays in museums in the same manner that historic landmarks can be represen ted in museums, the public has shown a willingness to support the preservation and operati on of historic aircraft and a desire to experience flights in them.

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

• they do not differ materially from those presented in Exemption No. 8716;

• the reasons stated by the FAA for granting the encl osed exemption apply to your present situation; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 an d 44701, which the FAA Administrator has delegated to me, I hereby grant Historic Flight Foundation an exemption from 14 CFR §§ 91.315, 91.319(a)(2),119.5(g), and 119.21(a) to the extent necessary to operate its B-25D, which has been issued a special airworthiness certi ficate (experimental-exhibition), 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 North American B -25, N88972.

2. HFF must maintain its experimental airplane in acco rdance with the—

a. Maintenance requirements as specified in the B-25 s eries type certificate data sheet, as amended;

b. FAA-approved maintenance inspection program that me ets the requirements of § 91.409(e), (f)(4) and (g); and

c. B-25 military technical manuals.

3. The pilot in command (PIC) for the B-25 must—

a. Hold at least a commercial pilot certificate with a n airplane multiengine land rating, an airplane instrument rating, and the appr opriate type rating;

b. Have completed, within the previous 12 calendar mon ths, HFFs PIC qualification and recurrent flight and ground training program in the B-25 for which PIC privileges are sought;

c. Have completed, within the previous 12 calendar mon ths, HFFs PIC proficiency check in the B-25 for which PIC privileges are soug ht;3

d. Have at least a total of 2,500 hours of aeronautica l flight experience, 1,000 hours of aeronautical flight experience in multiengine la nd airplanes, and 25 hours in the B-25; or have at least a total of 1,000 hours o f aeronautical flight experience, 200 hours of aeronautical flight experience in a mu ltiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in the B- 25; and

e. Have accomplished, within the previous 90 days, thr ee takeoffs and three landings to a full stop in the B-25 for which PIC privileges are sought. For initial PIC qualification in the B-25 or if the pilot has allow ed his/her takeoff and landing currency to lapse in the B-25, the takeoff and land ing currency may not be accomplished during passenger-carrying operations.

4. The second in command (SIC) for the B-25 must —

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

b. Have completed, within the previous 12 calendar mon ths, HFFs SIC qualification and recurrent flight and ground training program in the B-25 for which SIC privileges are sought;

c. Have completed, within the previous 12 calendar mon ths, HFFs SIC proficiency check in the B-25 for which SIC privileges are soug ht;

d. Have at least a total of 1,500 hours of aeronautica l flight experience, 250 hours of aeronautical flight experience in a multiengine lan d airplane; or have at least a total of 500 hours of aeronautical flight experienc e, 100 hours of aeronautical flight experience in a multiengine land airplane, a nd 25 hours and 10 takeoffs and 10 landings in the B-25; and

e. Have accomplished, within the previous 90 days, thr ee takeoffs and three landings to a full stop in the B-25 for which SIC privileges are sought. For initial SIC qualification in the B-25 or if the pilot has allow ed his/her takeoff and landing currency to lapse in the B-25, the takeoff and land ing currency may not be accomplished during passenger-carrying operations.

5. HFF must develop and maintain a written B-25 qualif ication and recurrent ground training program for its PICs and SICs in the B-25 that covers the training subjects
listed below. Each PIC and SIC in the B-25 must re ceive 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-25:

REQUIRED TRAINING TASKS a. General information and description of the airp lane; b. Aircraft limitations; c. Aircraft servicing; d. Airspeeds;4

e. Fuel system; f. Electrical system; g. Hydraulic system; h. Engines; i. Instruments and avionics; j. Landing gear, brakes, controls, and flaps syste ms; k. Propeller; l. Emergency procedures, including— (i) Instruction in emergency assignments and proce dures, including coordination among crewmembers; (ii) Individual instruction in the location, funct ion, and operation of emergency equipment, including— A. First aid equipment and its proper use; and B. Portable fire extinguishers, with emphasis on t he type of extinguisher to be used on different classes of fires; (iii) Instruction in the handling of emergency sit uations, including— A. Fire in flight or on the surface and smoke cont rol procedures with emphasis on electrical equipment and related circui t breakers found in cabin areas; and B. Illness, injury, or other abnormal situations i nvolving passengers or crewmembers; m. Weight and balance; n. Performance planning; o. Airplane’s checklist; and p. Differences in type.

6. HFF must develop and maintain a written B-25 qualif ication and recurrent flight training program for its PICs in the B-25 that cove rs the areas of operations and tasks, as listed in the following table of training tasks. Each PIC in the B-25 must successfully accomplish this training before being assigned PIC responsibilities and
duties. Each PIC in the B-25 must receive and succ essfully accomplish the following training within the previous 12 calendar months and be found to be competent and proficient in these areas prior to serving in a PIC position in the B-25 for HFF:

REQUIRED TRAINING TASKS a. Preflight Preparation— (i) Aircraft exam (oral or written); and (ii) Aircraft performance & limitations (oral or w ritten); b. Ground Operations— (i) Preflight inspection; (ii) Cockpit resource management; (iii) Powerplant start procedures; (iv) Taxiing; and5

(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) Maneuvering to a landing with a simulated pow erplant failure; (iii) Rejected landing; and (iv) Landing from a no flap or a nonstandard flap approach;

f. Normal & Abnormal Procedures— (i) Powerplant; (ii) Fuel system; (iii) Electrical system; (iv) Hydraulic system; (v) Environmental & pressurization system (as appr opriate 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 eq uipped); (ix) Flight control system; (x) Anti-ice & deice system; and (xi) Aircraft & personal emergency equipment; g. Emergency Procedures— (i) In-flight fire & smoke removal; (ii) Rapid decompression (as appropriate and if eq uipped with a pressurization system); (iii) Emergency descent; (iv) Ditching; and (v) Emergency evacuation; h. Postflight Procedures— (i) After landing procedures; and (ii) Parking and securing aircraft.

7. HFF must develop and maintain a written B-25 qualif ication and recurrent flight training program for its SICs in the B-25 that cove rs the areas of operations and tasks,6

as listed in the following table of training tasks. Each SIC in the B-25 must successfully accomplish this training before being assigned SIC responsibilities and
duties. Each SIC in the B-25 must receive and succ essfully 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 SI C position in the B-25 for HFF:

REQUIRED TRAINING TASKS a. Operational procedures applicable to the powerp lant, equipment, and
systems; b. Performance specifications and limitations; c. Normal, abnormal, and emergency operating proce dures; d. Three takeoffs and three landings to a full sto p as the sole manipulator of the flight controls; e. Engine-out procedures and maneuvering with an e ngine out while executing the duties of PIC; f. Crew resource management training; and g. Familiarization with the aircraft flight manual , placards, and markings.

8. HFF 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 pilot in that aircraft to determine the pilot’s competence in practical skill s and techniques in the appropriate aircraft. The competency check will consist of the appropriate maneuvers and procedures currently required for the original issu ance of the commercial pilot certificate. The FAA’s Seattle Flight Standards Di strict Office (FSDO) will determine what maneuvers and procedures are critica l, such as preflight preparation, ground operations, takeoffs and departures, and nor mal procedures, etc., and maneuvers and procedures that may be unsafe for a p articular aircraft.

9. Recurrent flight training for pilots must include, at least, flight training in the maneuvers and procedures in this exemption. Howeve r, satisfactory completion of the check required by this exemption within the pre ceding 12 calendar months may be substituted for recurrent flight training.

10. HFF must document and record all ground and flight training and/or testing required by this grant of exemption in a manner acceptable t o the FAA’s Seattle FSDO. That
documentation and records must contain the followin g information:

a. Date of each training session;

b. Date of each testing session;

c. The amount of time of each session of ground and fl ight training given;

d. The amount of time of each session of ground and fl ight testing given;7

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

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

g. The airplane identification number in which each fl ight training session was received;

h. The airplane identification number in which each fl ight 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 pr ovided each session of testing;

k. The signature and printed name of the pilot who rec eived the training. That pilot’s signature will serve as a verification of h aving received each session of training; and

l. The signature and printed name of the pilot who rec eived the testing. That pilot’s signature will serve as a verification of having re ceived each session of testing.

11. When requested, the HFFs pilot qualification and re current ground- and flight-training programs and/or records listed in c ondition Nos. 4, 5, 6, 7, 8, 9, and 10
must be made available to the Seattle FSDO.

12. HFF must have the services of an FAA-certificated a irframe and powerplant mechanic or an appropriately rated repair station a vailable at all stopovers to perform all required maintenance inspections and repairs.

13. HFF will maintain the following information and rec ords and will make those records available for review to the FAA when requested:

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

b. Copies of each PICs and SICs pilot certificate, med ical certificate, qualifications, and initial and recurrent training and testing docu mentation to comply with condition Nos. 3, 4, 5, 6, 7, 8, 9, and 10; and

c. Records of maintenance performed and maintenance in spection records to comply with condition Nos. 2 and 12. Maintenance and insp ection records must meet the requirements of §§ 43.9, 43.11, and 91.405.

14. Before permitting a person to be carried on board i ts airplane for the purposes authorized under this exemption, HFF will inform th at person that its airplanes hold only a limited airworthiness certificate; the signi ficance of the airworthiness certificate as compared to a standard airworthiness certificate; and that the FAA has8

authorized this flight under a grant of exemption f rom the requirements of §§ 91.315, 91.319(a)(2), 119.5(g), and 119.21(a). The explana tion of the significance of a special airworthiness certificate (experimental-exh ibition), experimental airworthiness certificate compared to a standard ai rworthiness certificate, must include at least the following information:

a. The FAA has not established nor has it approved spe cial category airworthiness certificated aircraft manufacturing standards. The FAA has not established nor has it approved experimental category airworthiness cer tificated aircraft manufacturing standards. In contrast, standard cat egory airworthiness certificated aircraft are manufactured to FAA-approved standards , including standards addressing the design of the aircraft and life-limi ted parts;

b. Limited category airworthiness certificated aircraf t 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 certificate; and

ii. To be in a good state of preservation and repair an d is in a safe operating condition;

c. An aircraft may be issued an experimental airworthi ness certificate for the purpose of exhibition when the aircraft is intended only for exhibition of the aircraft's flight capabilities, performance, or unu sual characteristics at airshows, motion picture, television, and similar productions and the maintenance of exhibition flight proficiency, including (for perso ns exhibiting the aircraft) flying to and from such airshows and productions; and

d. Standard category airworthiness certificates are is sued for an aircraft when the
FAA finds the—

i. Aircraft has been built and maintained in accordanc e 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.

15. HFF must notify the Seattle FSDO within 24 hours of any of the following occurrences by written report, by electronic mail, or by facsimile:

a. Each in-flight fire in any system or area that requ ires activation of any fire suppression system or discharge of a portable fire extinguisher;

b. Each exhaust system component failure, including th e turbocharger components, that causes damage to any engine, structure, cowlin g, or components;

c. Each airplane component or system that causes, duri ng flight, accumulation or circulation of noxious fumes, smoke, or vapor in an y portion of the cabin or crew

area;9

d. Except for training, each occurrence of engine shut down 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 ma lfunctions, which require use of emergency or standby extension systems;

g. Each failure or malfunction of the wheel brake syst ems 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, tan ks, pumps, or valves;

j. Each malfunction, failure, or defect in any system or component that requires taking emergency action of any type during the cour se of any flight; and

k. For the purpose of this section, "during flight" me ans the period from the moment the airplane leaves the surface of the earth on tak eoff until it touches down on landing.

16. 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, a s established in the American Air Almanac, as converted to local time;

c. Within a 25-statute-mile radius of the departure ai rport 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 airp ort up to 50 statute miles, with concurrence of the FAA FSDO having geographic respo nsibility for the aviation event. For such flights, landings are only permitt ed at the departure airport. The operator must provide information pertaining to the proposed route of flight, which will avoid densely populated areas or congest ed airways in accordance with 14 CFR § 91.319(c) for aircraft certificated in the experimental category. Those operators utilizing aircraft certificated in the li mited category are not bound by the restriction regarding the avoidance of densely popu lated areas or congested airways;

f. For passenger-carrying flights greater than 25 stat ute miles from the departure airport and up to 50 statute miles, the PIC must ob tain weather reports and forecasts prior to flight and valid for the duratio n of the proposed operation that10

indicate that the weather would be no less than 5 s tatute miles visibility and cloud ceilings no less than 2,000 feet AGL. Passenger-ca rrying operations shall be terminated if ceiling and visibility become less th an the minimum required by
these conditions and limitations. Weather forecast s listing discriminators such as probability (PROB), becoming (BECOMG), or temporari ly (TEMPO) shall be limiting; and

g. The aircraft may only be operated from an airport t hat has a fire station or firefighting services available or within close proximi ty of the airport.

17. No persons other than the assigned flight crewmembe rs may be permitted on the pilot station of the airplane during flight operations.

18. Except for essential crewmembers, all flight operat ions must carry no more than the maximum number of passengers permitted by the aircr aft's weight and balance limitations and number of approved seats in the air plane.

19. All aircraft must have the equipment listed in §§ 9 1.205(b) and 91.207 and that equipment must be in an operable condition during t he flight.

20. HFF must hold and continue to hold a determination from the U.S. Internal Revenue Service that it is a § 501(c)(3) nonprofit, tax-exe mpt, charitable organization under §§ 509(a)(1) and 170(b)(1)(A)(vi) of the Internal R evenue Code.

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

22. No later than 72 hours prior to commencing flight o perations under the terms of this grant of exemption, HFF must notify the jurisdictio nal FAA FSDO where it intends to conduct the flight operations and shall provide a copy of this exemption to that jurisdictional FAA FSDO.11

23. Failure to comply with any of the conditions and li mitations of this grant of exemption will be grounds for the immediate suspens ion or revocation of this exemption.

The Effect of Our Decision

This exemption terminates on June 30, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/
John W. McGraw Acting Director, Flight Standards
Service

Enclosure