AFS-12-219-E June 21, 2012

Exemption No. 10563 Regulatory Docket No. FAA-2012-0159

Mr. Robert Collings
Executive Director The Collings Foundation
137 Barton Road Stow, MA 01775

Dear Mr. Collings:

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 February 3, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of The Collings Foundation (Collings) for an exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Collings to conduct training flights in Boeing B-17 Flying Fortress (N93012), North American B-25 Mitchell (N3476G), and North American P-51 Mustang (N251MX) 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 exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Collings.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6811 (later amended to Exemption No. 8593, copy enclosed), the FAA found that the aircraft operated by Stallion 51 are certificated to the standards required for the limited category. The FAA issues limited category airworthiness certificates to aircraft –2

1. previously issued a limited category type certificate; 2. that conform to that type certificate or properly altered condition; 3. in a good state of preservation and repair; and 4. in a safe operating condition.

Additionally, the FAA imposes no additional conditions for the use of limited category aircraft when used in the certification practical test. The FAA found that flight training is the cornerstone for safe flight operations. The FAA promotes training as evidenced by the requirements for the biennial flight review , the FAA sponsored pilot proficiency award program, and the many FAA-sponsored safety seminars provided by the safety program managers found in all Flight Standards Dist rict Offices (FSDOs) located throughout the United States (U.S.). The FAA, therefore, found a grant of exemption to Stallion 51 would provide a segment of the aviation community with flight instruction that might not otherwise
be available.

Our Decision

The FAA has modified and supplemented the conditions and limitations of Exemption No. 8593 to better define the intent and add more oversight functions. Please note that the conditions and limitations included with an exemption are not based on specific regulations but are the FAA’s means of ensuring an equivalent level of safety. This may necessitate limitations that go beyond the established regulations due to the fact that the proposed operation is, by its need for an exemption, outside the normal regulatory structure.

Limitation No. 1 was added to describe which specific aircraft are covered by the exemption.

Limitation No. 2 was added to define the activity permitted under this exemption, and to define requirements for persons receiving flight instruction in the aircraft identified in
Limitation No. 1.

The training syllabus and chief instructor requirements identified in Limitation No. 3 will allow the FAA to be aware of the scope of the training activity under the exemption, and will add some assurances about the qualifications of the chief instructor employed by Collings.

Limitations 8 through 19 originate with the FAA’s findings in Exemption No. 6540M, issued to Collings on January 6, 2012 for certain educational and historical flights operated for compensation or hire. They address pilot qualifications, airworthiness standards for the B-17, B-24, and P-51, and operational guidelines. We find that these limitations should also apply to the relief we are granting in this exemption.

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant The Collings Foundation an exemption from 14 CFR § 91.315 to the extent necessary to allow Collings to conduct training flights in3

certain limited category aircraft for compensation or hire, subject to the conditions and
limitations described below.

Conditions and Limitations

1. This exemption applies only to the aircraft listed below. All of these aircraft, when used for flight instruction under this exemption, must be in the operational control of Collings.

a. Boeing B-17 Flying Fortress, N93012;

b. North American B-25 Mitchell, N3476G; and

c. North American P-51 Mustang, N251MX.

2. The privileges of this exemption are limited to flight training intended for the purpose of recurrent pilot training, or training for an FAA certificate or rating.

3. Notwithstanding the requirements of Limitation No. 8, persons receiving flight training in those aircraft under this exemption must hold at least a private pilot certificate (with a multiengine rating, if training in the B-17 and B-25) and current medical certificate. Persons administering flight training under this exemption must hold at least a commercial pilot certificate, a certified flight instructor (CFI) certificate, and a current first or second class medical certificate.

4. The privileges of this exemption may only be exercised under the auspices of a syllabus approved by the jurisdictional F AA Flight Standards District Office(FSDO). The syllabus must includea. A description of the training activity under this exemption, for each aircraft.

b. A description of operational limitations for each aircraft to be used when conducting flight training under this exemption.

c. The name and contact information for a chief instructor for Collings’ operations under this exemption. The individual named as chief instructor must meet all the following qualifications:

i. Hold a commercial pilot certificate or airline transport pilot certificate with appropriate instrument, category, and class ratings.

ii. Hold a CFI certificate with appropriate category and class ratings.

iii. Have flight training experience as a CFI consisting of three years and a total of 2,000 hours as pilot-in-command.

iv. Within the past seven years, that person may not have:

1. Been convicted of a violation of any local, state or Federal law pertaining to drugs or alcohol.4

2. Been convicted of any misdemeanor or felony offenses (civilian or military).

3. Been imprisoned, been on probation or is on parole (including civilian or military, felonies, firearms or explosives violations, misdemeanors, and all other offenses).

4. Been discharged from the military with anything other than
“honorable”.

5. Had an airman certificate (other than medical), rating, or authorization (or foreign equivalent) suspended, revoked, or paid a civil penalty as a result of a violation of any FAA or other Civil Aviation Authority regulations (foreign or domestic).

6. Had been involved in any investigations, charged indictments, or pending actions in any local, state, Federal, military, or foreign court.

5. Collings 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 maintenance inspection program that meets the requirements of § 91.409(e), (f)(4), and (g); and

c. B-17 military technical manuals.

6. Collings must maintain its B-24 in accordance with the:

a. Maintenance requirements as specified in its B-24 operating limitations, as amended;

b. FAA-approved maintenance inspection program that meets the scope and content of § 91.409(e), (f)(4), and (g); and

c. B-24 military technical manuals.

7. Collings must maintain its P-51 in accordance with the:

a. Maintenance requirements as specified in its P-51 operating limitations, as amended;

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

c. P-51 military technical manuals.

8. The pilot in command (PIC) for the B-17 and B-24 must:5

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

b. Have completed within the previous 12 calendar months, Collings’ PIC qualification and recurrent flight and ground training program in each aircraft for which PIC privileges are sought;

c. Have completed within the previous 12 calendar months, Collings’ PIC proficiency check in each aircraft for which PIC privileges are sought;

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 specific aircraft; 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 specific aircraft; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in each aircraft for which PIC privileges are sought. For initial PIC qualification in the specific aircraft or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff and landing currency may not be accomplished during training operations under this exemption.

9. The second in command (SIC) for the B-17 and B-24 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, Collings’ SIC qualification and recurrent flight and ground training program in the aircraft for which SIC privileges are sought;

c. Have completed within the previous 12 calendar months, Collings’ SIC proficiency check in each aircraft 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 airplanes; or have at least a total of 500 hours of aeronautical flight experience, 100 hours of aeronautical flight experience in a multiengine land airplanes, and 25 hours and 10 takeoffs and 10 landings in each aircraft for which SIC privileges are sought; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the aircraft for which SIC privileges are sought. For initial SIC qualification in the specific aircraft or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff6

and landing currency may not be accomplished during passenger-carrying operations.

10. The PIC for the P-51 must:

a. Hold at least a commercial pilot certificate with an aircraft single-engine land rating and an airplane instrument rating;

b. Have completed within the previous 12 calendar months, Collings’ PIC qualification and recurrent flight a nd ground training program in the P-51;

c. Have completed within the previous 12 calendar months, Collings’ PIC proficiency check in the P-51;

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 the P-51; or have at least a total of 1,000 hours of aeronautical flight experience, 200 hours of aeronau tical flight experience in a singleengine land airplane, and 100 hours and 50 takeoffs and 50 landings in the P51; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the P-51. For initial PIC qualification in the P-51 or if the pilot has allowed his/her takeoff and landing currency to lapse in the P-51,the takeoff and landing currency may not be accomplished during passengercarrying operations.

11. Collings must document and record all ground and flight training and/or testing conducted under this grant of exemption in a manner acceptable to the FAA’s North Florida FSDO. That documentation and records must contain the following
information:

a. Date of each training session;

b. Date of each testing session;

c. Amount of time of each session of ground and flight training given;

d. Amount of time of each session of ground and flight testing given;

e. Results of each session of ground and flight testing given;

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

g. Location where each session of ground and flight testing was given;

h. Aircraft identification number in which each flight training session was received;

i. Aircraft identification number in which each flight testing session was received;7

j. Name and certificate number of the pilot who provided each session of training;

k. Name and certificate number of the pilot who provided each session of testing;

l. 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

m. 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;

12. When requested, Collings’ 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 FAA.

13. Collings must inform anyone receiving flight instruction under this exemption that its aircraft 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. 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 aircraft ma nufacturing standards. In contrast,standard category airworthiness certificated aircraft are manufactured to FAAapproved 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 aircraft—

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. 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; and8

14. Collings must notify the FSDO with oversight of the specific aircraft within 24 hours of any of the occurrences listed below by written report, electronic mail, or facsimile. For the purpose of this section, “during flight” or “in-flight” means the period from the moment the aircraft leaves the surface of the earth on takeoff until it touches down on landing.

d. Any of the following in-flight occurrences:

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

ii. Each aircraft 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;

iii. Except for training, each occurrence of in-flight engine shutdown or propeller feathering and the reason for such shutdown or feathering;

iv. Any landing gear system or component failures or malfunctions, which require use of emergency or standby extension systems; and

v. Each malfunction, failure, or defect in any system or component that requires taking emergency action of any type during the course of any flight;

e. Any of the following in-flight and/or ground occurrences:

i. Each exhaust system component failure, including the turbocharger (supercharger) components, that causes damage to any engine, structure, cowling, or components;

ii. Each failure of the propeller governing systems or feathering systems;
and

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

f. Each failure or malfunction of the wheel brake system that causes loss of brake control on the ground; and

g. Each aircraft structure that requires major repair due to damage, deformation, or corrosion and the method of repair.

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;9

d. With a minimum flight visibility of not less than three 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 must avoid dens ely populated areas or congested airways in accordance with § 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; and

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 1,000 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;

16. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., formation flying) is prohibited. Aerobatic flights are also prohibited.

17. No persons other than the assigned flight crewmembers and the one person receiving flight instruction may be permitted aboard the aircraft during flight operations.

18. 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.

19. Collings 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. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, Collings 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.10

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.

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/S/
John S. Duncan Deputy Director, Flight Standards
Service

Enclosure