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 – 
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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 District 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 in 
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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 FAA 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. 
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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: 
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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 takeoff 
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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 and 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 aeronautical 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; 
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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 manufacturing 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; and 
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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; 
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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 densely 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. 
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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