AFS-10-247-E 

Jul 02 2010 

 Exemption No. 10092 

 Regulatory 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 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 letters posted to the docket on April 7 and April 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), and 119.21(a) of Title 14, Code of Federal 

Regulations (14 CFR). That exemption would allow HFF to operate a North American B-25D 

(registration No. N88972, serial No. 43-3318) for the purpose of carrying passengers on local 

educational and historical flights for compensation or hire. 

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

in the Federal Register because the requested extension of the exemption would 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 circumstances similar in all material aspects to 

those presented in your petition. In Grant of Exemption 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 has been determined to be in the public 
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interest. While aviation history can be represented with static displays in museums in the 

same manner that historic landmarks can be represented in museums, the 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 in Exemption No. 8716; 

• the reasons stated by the FAA for granting the enclosed 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 and 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 certificate (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 accordance with the— 

a. Maintenance requirements as specified in the B-25 series type certificate data 

sheet, as amended; 

b. FAA-approved maintenance inspection program that meets 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 an airplane multiengine land 

rating, an airplane instrument rating, and the appropriate type rating; 

b. Have completed, within the previous 12 calendar months, 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 months, HFFs PIC proficiency 

check in the B-25 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 multiengine land airplanes, and 25 hours in 

the B-25; 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 days, three 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 allowed his/her takeoff and landing 

currency to lapse in the B-25, the takeoff and landing 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 an airplane multiengine land 

rating and an airplane instrument rating; 

b. Have completed, within the previous 12 calendar months, 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 months, HFFs SIC proficiency 

check in the B-25 for which SIC privileges are sought; 

d. Have at least a total of 1,500 hours of aeronautical flight experience, 250 hours of 

aeronautical flight experience in a multiengine land airplane; or have at least a 

total of 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 the B-25; and 

e. Have accomplished, within the previous 90 days, three 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 allowed his/her takeoff and landing 

currency to lapse in the B-25, the takeoff 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; 
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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 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. HFF must develop and maintain a written B-25 qualification and recurrent flight 

training program for its PICs in the B-25 that covers 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 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 B-25 for HFF: 

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 
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 (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 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 & 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) Aircraft & 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. Postflight Procedures— 

(i) After landing procedures; and 

(ii) Parking and securing aircraft. 

7. HFF must develop and maintain a written B-25 qualification and recurrent flight 

training program for its SICs in the B-25 that covers the areas of operations and tasks, 
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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 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-25 for HFF: 

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 manipulator 

of the flight controls; 

e. Engine-out procedures and maneuvering 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. HFF may not use a pilot nor may any pilot serve as a pilot in any aircraft 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 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 commercial pilot 

certificate. The FAA’s Seattle 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 

maneuvers and procedures that may be unsafe for a particular aircraft. 

9. 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. 

10. HFF 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 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; 
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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. 

11. When requested, the HFFs pilot qualification and recurrent ground- and 

flight-training programs and/or records listed in condition 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 airframe and powerplant 

mechanic or an appropriately rated repair station available at all stopovers to perform 

all required maintenance inspections and repairs. 

13. HFF 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 HFF authorizes to conduct flight operations 

in its airplanes under the terms of this exemption;

b. Copies of each PICs and SICs pilot certificate, medical certificate, qualifications, 

and initial and recurrent training and testing documentation to comply with 

condition Nos. 3, 4, 5, 6, 7, 8, 9, and 10; and 

c. Records of maintenance performed and maintenance inspection records to comply 

with condition Nos. 2 and 12. Maintenance 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 airplane for the purposes 

authorized under this exemption, HFF 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 
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authorized this flight under a grant of exemption from the requirements of §§ 91.315, 

91.319(a)(2), 119.5(g), and 119.21(a). The explanation of the significance of a 

special airworthiness certificate (experimental-exhibition), 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 special category airworthiness 

certificated aircraft manufacturing standards. The FAA has not established 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 the 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 certificate; 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 

aircraft'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 from such 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 in accordance 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 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 systems 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. 

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, 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. 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 experimental 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; 

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 
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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 

g. The aircraft may only be operated from an airport that has a fire station or firefighting services available or within close proximity 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. Except for essential crewmembers, all flight operations must carry no more than the 

maximum number of passengers permitted by the aircraft's weight and balance 

limitations and number of approved seats in the airplane. 

19. 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. 

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-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 checks required to be conducted 

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 jurisdictional FAA FSDO where it intends 

to conduct the flight operations and shall provide a copy of this exemption to that 

jurisdictional FAA FSDO. 
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23. 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 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