AFS-14-181-E 800 Independence Ave. S W Washington, D.C. 20591

Exemption No. 10092C Regulatory Docket No. FAA-2010-0392

June 11, 2014

Mr. John T. Sessions
Chief Executive Officer Historic Flight Foundation
10719 Bernie Webber Drive Mukilteo, WA 98275-5011

Dear Mr. Sessions:

This letter is to inform you that we have granted your request to extend Exemption No. 10092B. It explains the basis for our deci sion, describes its effect, and lis ts the conditions and limitations.

The Basis for Our Decision

By letter dated February 27, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of Historic Flight Foundation (HFF) for an extensi on to Exemption No. 10092B. That exemption from §§ 91.319(a)(2), 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows HFF to operate a North American B-25D (N88972) for the purpose of carrying passengers on local educational and historical flights for compensation or hire.

A review of your petition appears to indicate that there has been no change in the conditions and reasons relative to public intere st and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exte nsion of the exemption would not set a precedent and any delay in acting on this petitio n would be detrimental to HFF.

Our Decision

The FAA has modified the conditions and limita tions of Exemption No. 10092B as follows:

 Limitation 1 was changed by adding the references to the version of the aircraft and the applicable serial number.AFS-14-181-E  Limitation 2 was changed to include more detailed references to the applicable civil and military operational, maintenance, and inspec tion guidance applicable to the aircraft.

 A note was added to Limitation 5 and Limita tion 6 to provide for a process should any
conflict arise between the limitations in the applicable technical guidance and the FAAissued operating limitations.

 Limitation 6 Required Training Ta sks table, tasks (c) (ii) a nd (d) (iii) as previously drafted may lead the reader to the incorrect impression that an actual shutdown of a powerplant was required. This clarification is necessary since the term “simulated powerplant failure” was used in task (e) (i i) Landings and Appr oaches to Landings. However, tasks (c) (ii) and (d) (iii) 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) (iii) Inflight Ma neuvers, as specified. The revision also stipulates that an actual shut down and re-start of a powerplan t is only required for initial PIC qualification.

These changes are to provide consistency of th e safety-related aspects of the conditions and limitations. The FAA will be making these chan ges to all LHFE exemptions as they are
amended or extended. Please note that the conditions and limitations included with an exemption are not based on speci fic regulations but are the FAA’s means of ensuring an equivalent level of safety. This may necessi tate limitations that go beyond the established regulations due to the fact that the proposed ope ration is, by its need for an exemption, outside the normal regulatory structure. In additi on, the FAA may, when necessary, revise the conditions and limitations or require corrective ac tion in order to adequately mitigate safety
concerns and risk factors as they become known.

The FAA has also amended the exemption to add a regulation to the list of applicable regulations subject to relief provided by this exemption. Al though the petitioner has requested relief from 14 CFR §§ 91.319 (a) (2), 119.5(g), and 119.21(a) to operate certain ai rcraft for the purpose of carrying passengers for compensation or hire on LHFE flights, the FAA has determined that
certain conditions and limitations may preclude HHF from conducting operations pursuant to this exemption. Those conditions and limitations are pr escribed as part of the special airworthiness certificate issued for experimental or limited cat egory aircraft. Adherence to those conditions and limitations is required by pertinent parts of § 91.9(a) which prescribe that:

“No person may operate a civil aircraft wit hout complying with the operating limitations specified in the approved Airpla ne or Rotorcraft Flight Manual , markings, and placards, or as otherwise prescribed by the cer tificating authority of the country of registry.”

Generally, the FAA issues a limitation that states that no person may operate the aircraft carrying persons or property for co mpensation or hire (see Operating Limitation Ex perimental Exhibition Aircraft , B-25D, N88972, Serial No. 43-3318, # 12). This one limitation issued with the
airworthiness certificate is the only limitation which the ex emption from §91.9 is applied to.AFS-14-181-E Therefore, the FAA finds that it is appropriate to exempt HHF from § 91.9(a) to the extent necessary to conduct operations pur suant to this exemption.

The FAA has determined that the justificati on for the issuance of Exemption No. 10092, as amended, remains valid and is in the public inte rest. Therefore, under the authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA Ad ministrator has delegated to me, I grant HFF relief from sections §§ 91.9(a), 91.319(a)(2 ), 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR) to operate a North American B- 25D (N88972) for the purpose of carrying passengers on local educat ional and historical flights fo r compensation or hire, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption applies only to the Nort h American B-25D, N88972, Serial No. 43-3318.

2. HFF must maintain its Experimental-Exhibi tion airplane in accordance with the—

a. FAA-approved maintenance inspection program; and maintenance requirements as specified in the B-25 limited type sp ecification sheet AL-2 as amended;

b. Most current military technical manuals for airframe, powerplant, and systems operational military B-25 in the U.S. or the technical guidance provided under the Military Assistance Program (MAP), thereafter.

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

a. Hold at least a commercial pilot certificat e with an airplane multiengine land rating, an airplane instrument rating, a nd the appropriate type rating;

b. Have completed, within th e previous 12 calendar mont hs, HFFs PIC qualification and recurrent flight a nd ground training program in the B-25 for which PIC privileges are sought;

c. Have completed, within th e previous 12 calendar mont hs, HFFs PIC proficiency
check in the B-25 for whic h PIC privileges are sought;

d. Have at least a total of 2,500 hours of aeronautical fli ght experience, 1,000 hours of aeronautical flight experien ce in multiengine land airp lanes, and 25 hours in the B25; 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 B-25; and

e. Have accomplished, within the previous 90 da ys, three takeoffs and three landings to a full stop in the B-25 for which PIC pr ivileges are sought. For initial PIC qualification in the B-25 or if the pilo t has allowed his/her takeoff and landing currency to lapse in the B-25, the take off and landing currency may not be accomplished during passenger-carrying operations.

4. The second in command (SIC) for the B-25 must—AFS-14-181-E a. Hold at least a commercial pilot certificat e with an airplane multiengine land rating and an airplane instrument rating;

b. Have completed, within th e previous 12 calendar mont hs, HFFs SIC qualification and recurrent flight a nd ground training program in the B-25 for which SIC privileges are sought;

c. Have completed, within th e previous 12 calendar mont hs, HFFs SIC proficiency
check in the B-25 for whic h SIC privileges are sought;

d. Have at least a total of 1,500 hours of aeronautical fli ght experience, 250 hours of aeronautical flight experience in a multiengine land airplane; or have at least a total of 500 hours of aeronautical flight experi ence, 100 hours of aeronautical flight experience in a multiengine land airpla ne, and 25 hours and 10 takeoffs and 10 landings in the B-25; and

e. Have accomplished, within the previous 90 da ys, three takeoffs and three landings to a full stop in the B-25 for which SIC pr ivileges are sought. For initial SIC qualification in the B-25 or if the pilo t has allowed his/her takeoff and landing currency to lapse in the B-25, the take off and landing currency may not be accomplished during passenger-carrying operations.

5. HFF must develop and maintain a written B-25 qualification 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 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-25:

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, c ontrols, and flaps systems; k. Propeller; l. Emergency procedures, including—

(i) Instruction in emergency a ssignments and procedures, including coordination among crewmembers; (ii) Individual instruction in the location, functio n, 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 toAFS-14-181-E 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 a nd related circuit breakers found in cabin areas; and B. Illness, injury, or other abnorma l situations involving passengers or crewmembers; m. Weight and balance; n. Performance planning; o. Airplane’s checklist; and p. Differences in type.

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidan ce and the FAA-issued operati ng limitations, the FSDO must be contacted for additional guidance.

6. HFF must develop and maintain a written B-25 qualification and recu rrent flight training program for its PICs in the B-25 that covers th e 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 assi gned PIC responsibilities and duties. Each PIC in the B-25 must receive and successfully accomplish the following training within the previous 12 calendar months and be found to be competen t and proficient in these areas prior to serving in a PIC position in the B-25 for the exemption holder:

REQUIRED TRAINING TASKS a. Preflight Preparation— (i) Aircraft exam (oral or written); and (ii) Aircraft 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) Simulated Powerplant failure; and (iii) Rejected takeoffs; d. In-flight Maneuvers— (i) Steep turns; (ii) Approach to stalls; (iii) Powerplant failure; (actual shutdown and re-start procedure for initial PIC qualification, all other po werplant failure training may be simulated);AFS-14-181-E (iv) Specific flight characteristics; e. Landings & Approaches to Landing— (i) Normal & crosswind approaches & landing; (ii) Maneuvering to a landing w ith a simulated powerplant 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 & pressurizati on system (as appropriate and if equipped); (vi) Fire detection & extinguishing system; (vii) Navigation & avionics system; (viii) Automatic flight control sy stem, 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— (i) In-flight fire & smoke removal; (ii) Rapid decompression (as appr opriate and if equipped 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.

Note: All limitations in the applicable technical guidance (i.e ., FAA flight manual limitations), must be adhered to. If any conflict arises between the limitations in the applicable technical guidan ce and the FAA-issued operati ng limitations, the FSDO must be contacted for additional guidance.

7. HFF must develop and maintain a written B-25 qualification and recu rrent flight training program for its SICs in the B-25 that covers th e areas of operations and tasks, as listed in the following table of training tasks. Each SIC in the B-25 must successfully accomplish this training within the prev ious 12 calendar months and be found to be competent and proficient in these areas prior to servi ng in an SIC position in the B-25 for HFF:

REQUIRED TRAINING TASKS a. Operational procedures applicable to the powerplant, equipment, andAFS-14-181-E systems; b. Performance specific ations 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 mane uvering with an engine out while executing the duties of PIC; f. Crew resource management training; and g. Familiarization with the aircraft flight manual, placards, and markings.

8. The exemption holder may not use a pilot no r 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 compet ence 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 Seattle Flight Standa rds District Office (FSDO) will determine what maneuvers and procedures are critic al, such as preflight preparation, ground operations, takeoffs and departures, and nor mal procedures, etc., and maneuvers and procedures that may be unsafe for a particular aircraft.

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

10. HFF must document and record all ground and f light training and/or testing required by this grant of exemption in a manner accep table to the FAA’s Seattle FSDO. 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 gr ound and flight testing was given;

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

h. The airplane identification number in whic h each flight testing session was received;

i. The name and certificate number of the pilo t who provided each se ssion of training;

j. The name and certificate number of the pilo t who provided each se ssion of testing;AFS-14-181-E k. The signature and printed name of the pilo t who received the training. That pilot’s signature will serve as a veri fication of having received e ach session of training; and

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

11. When requested, the HFFs pilo t qualification and recurren t ground- and flight-training programs and/or records listed in condition above must be made available to the Seattle

FSDO.

12. HFF must have the services of an FAA-cer tificated airframe and powerplant mechanic or an appropriately rated repa ir station available at all st opovers to perform all required maintenance inspections and repairs.

13. HFF will maintain the following informati on and records and will make those records available for review to the FAA when requested:

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

b. Copies of each PICs and SICs pilot certif icate, medical certifi cate, qualifications,
and initial and recurrent tr aining and testing documentati on to comply with condition above; and

c. Records of maintenance performed and ma intenance inspection records to comply
with Condition Nos. 2 and 11. Maintenan ce and inspection records must meet the requirements of §§ 43.9, 43.11, and 91.405.

14. Before permitting a person to be carried on board its aircraft for the purposes authorized under this exemption, HFF will inform that person that its airplanes hold only an experimental airworthiness certif icate; the significance of the airworthiness certificate as compared to a standard airworthiness certifi cate; and that the FAA has authorized this flight under a grant of ex emption from the requirements of, §§91.319(a)(2), 119.5(g), and 119.21(a). The explanation of the significa nce of a special airw orthiness certificate (experimental-exhibition), experimental airwor thiness certificate comp ared to a standard airworthiness certificate, must includ e at least the following information:

a. The FAA has not established nor has it approved experimental category, special
airworthiness certificated aircraft manufact uring standards. In contrast, standard category airworthiness cert ificated aircraft are ma nufactured to FAA-approved standards, including standard s addressing the design of the aircraft and life-limited
parts;

b. An airplane may be issued an experiment al airworthiness certificate for the purpose of exhibition when the airplane is intended only for exhibition of the aircraft's flight capabilities, performance, or unusual char acteristics at airsho ws, motion picture, television, and similar productions and th e maintenance of exhibition flight proficiency, including (for pe rsons exhibiting the aircraft ) flying to and from such airshows and productions; andAFS-14-181-E c. Standard category airworthine ss certificates are issued fo r an aircraft when the FAA
finds the—

i. Aircraft has been built and maintained in accordance with that aircraft's type
certification standards as es tablished 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 hou rs 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 requir es activation of any fire suppression system or discharge of a portable fire extinguisher;

b. Each exhaust system component failure, in cluding the turbocharger components, that causes damage to any engine, stru cture, cowling, or components;

c. Each airplane component or system that causes, during flight, accumulation or circulation of noxious fumes, smoke, or va por in any portion of the cabin or crew

area;

d. Except for training, each occu rrence of engine shutdown or propeller feathering, and the reason for such shutdown or feathering;

e. Each failure of the propeller govern ing systems or feathering systems;

f. Any landing gear system or component fa ilures or malfunctions, which require use of emergency or standby extension systems;

g. Each failure or malfunction of the wheel br ake systems that causes loss of brake control on the ground;

h. Each airplane structure that requires ma jor 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 a ny system or component that requires taking emergency action of any type duri ng 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 take off 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 s unset, as established in the American Air Almanac, as converted to local time;AFS-14-181-E c. Within a 25-statute-mile radius of the de parture airport with landings only permitted at the departure airport;

d. With a minimum flight visi bility of not less than 3 statute miles and a minimum ceiling of not less than 1,500 feet AGL;

e. Passenger-carrying operations for compen sation may be conducted at distances greater than 25 statute miles of the depart ure airport up to 50 statute miles, with concurrence of the FAA FSDO having ge ographic responsibility for the aviation event. For such flights, landings are onl y permitted at the departure airport. The operator must provide information pertaini ng to the proposed route of flight, which will avoid densely populated areas or conge sted airways in accordance with 14 CFR § 91.319(c) for aircraft certificated in the experimental category.

f. For passenger-carrying fli ghts greater than 25 statute miles from the departure airport and up to 50 statute miles, the PI C 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 statut e miles visibility and cloud ceilings no less than 2,000 feet AGL. Passenger-carrying opera tions shall be terminated if ceiling and visibility become less than the minimum required by these conditions and limitations. Weather forecasts listing disc riminators 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 fi re station or firefighting services availabl e or within close prox imity of the airport.

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

18. All flight operations must carry no more than the maximum number of passengers permitted by the aircraft's weight and bala nce limitations and number of approved seats in the airplane.

19. HFF’s B-25D must have the equipment listed in §§ 91.205(b) and 91.207 and that equipment must be in an operable condition during the flight.

20. HFF must hold and continue to hold a dete rmination 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.

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

22. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, HFF must notify the ju risdictional FAA FSDO where it intends toAFS-14-181-E conduct the flight operations and shall prov ide a copy of this exemption to that jurisdictional FAA FSDO.

23. This grant of exemption pertains to the operation of the HFF North American B-25D, N88972, certificated in the Expe rimental-Exhibition category.

24. The PIC is prohibited from performing aeroba tic flight while passengers are onboard the
aircraft.

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

26. 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).

27. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls du ring flight operations.

28. HFF 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.

29. This exemption is not valid for opera tions outside of the United States

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or revocation of Exemption 10092C.

The Effect of Our Decision

This exemption terminates on June 30, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight
Standards Service