AFS-12-221-E August 24, 2012

Exemption No. 9705C Regulatory Docket No. FAA-2008-0479

Mr. Dana Robert Dorsey
Chief Pilot

American Aeronautical Foundation 8501 Idyllwild Street Ventura, CA 93004

Dear Mr. Dorsey:

This letter is to inform you that we have granted your petition to amend Exemption No. 9705, as amended. It explains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated May 2, 2012 and supplemental information dated June 30, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of American Aeronautical Foundation (AAF) for an amendment of Exemption No. 9705, as amended. That exemption from §§ 91.315, 119.5(g), and 119.21 of Title 14, Code of Federal Regulations allows AAF to operate its B-25J Mitchell Bomber (B-25) (registration No. N30801 and serial No. 4430801) for the purpose of carrying passengers for compensation or hire on local flights for educational and historical purposes.

The amendment you request would also allow the carriage of cargo for compensation, in the form of cremated human remains, for the purpose of dispersal from the World War II (WWII) B-25. You indicate that on many occasions you have been asked by veterans and family members of veterans if it is possible to drop the remains of cremated veteran’s from your aircraft. It is because of this demand that you are petitioning the FAA to become a cremated remains disposer, adding this capability to your current LHFE exemption.2

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest 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 amendment of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to AAF.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9705 as amended, remains valid with respect to this exemption and is in the public interest. The FAA has also determined that permitting the dispersal of ashes from World War II-era aircraft is in the public interest. The families and loved ones would be able to honor deceased veterans by dispersing their ashes from the type of aircraft they operated or that are emblematic of the era in which they served our Nation. The FAA has determined that the scope of this grant should pertain to dispersing and honoring the remain s of the following people: United States military veterans and immediate family of such veterans (parents, children, siblings and spouse). Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition, subject to the following

conditions and limitations.

Conditions and Limitations

1. This exemption applies only to the B-25 registration No. N30801 and
serial No. 4430801.

2. AAF must maintain the B-25 in accordance with the—

a. Maintenance requirements as specified in the B-25 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-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 a B-25 type rating;

b. Have completed, within the previous 12 calendar months, AAF's 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, AAF's PIC proficiency check in the B-25 for which PIC privileges are sought;3

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 a 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 a B-25; and

e. Have accomplished, within the previous 90 days, three takeoffs and three landings to a full stop in a B-25 for which PIC privileges are sought. For initial PIC qualification in a B-25 or if the pilot has allowed his/her takeoff and landing currency to lapse in a 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, AAF’s SIC qualification and recurrent flight and gr ound training program in a B-25 for which SIC privileges are sought;

c. Have completed, within the previous 12 calendar months, AAF’s SIC proficiency check in a 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 a B-25; and

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

5. AAF 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;4

d. Airspeeds; 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. AAF 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 AAF:

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;5

(iii) Powerplant start procedures; (iv) Taxiing; and (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 & de-ice 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.6

7. AAF 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, 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 AAF:

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. AAF 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 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 Van Nuys 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. AAF 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 Van Nuys 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;7

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 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 AAF's pilot qualification and recurrent ground- and flight-training programs and/or records listed in the conditions above must be made available to the Van Nuys FSDO, 16501 Sherman Way, Suite 330, Van Nuys, California 91406; (818) 904-6291.

12. AAF 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. AAF 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 AAF authorizes to conduct flight operations in its airplanes under the terms of this exemption;

b. Copies of each PIC's and SIC's pilot certif icate, medical certificate, qualifications, and initial and recurrent training and testing documentation to comply with the conditions above; and

c. Records of maintenance performed and maintenance inspection records to comply with the conditions above. Maintenance and inspection records must meet the requirements of §§ 91.405, 43.9, and 43.11.

14. Before permitting a person to be carried on board its airplane for the purposes authorized under this exemption, AAF will inform that person that its airplanes hold only a limited airworthiness certificate, the significance of the airworthiness8

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, 119.5(g), and 119.21(a). The explanation of the significance of a limited airworthiness certificate and 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 limited category airworthiness certificated aircraft manufacturing standards. The FAA has not established nor has it approved experimental category airworthiness certificated aircraft manufacturing standards. In contrast, st andard 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 certificates 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 (forpersons 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. AAF must notify the Van Nuys 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;9

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; or

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 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 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 that10

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;

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;

h. Operations conducted for the purpose of dispersing human remains must comply with applicable Federal, state, and local laws and regulations governing the dispersal of human remains;

i. When scattering human remains over water, the operator must travel at least 3 miles off the coast before scattering ashes. US Code specifies this as the minimum distance from which scattering is permitted. In addition to any other Environmental Protection Agency (EPA) requirements, the operator must report the details of the scattering to the EPA Regional Office as referenced in US Code 40 CFR 229.1;

j. The operator may not release any human remains over any private property without express written permission of the property owner;

k. The operator may not release any human remains over or on public lands, state parks, city parks, beaches, or lakes without the expressed permission from the appropriate governmental agency with authority over the site;

l. Dispersal of human remains is limited to dispersing and honoring the remains of the following people: United States military veterans and immediate family of such veterans (parents, children, siblings and spouse); and

m. Only essential crewmembers may be on board when scattering human remains.

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 airplane'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. AAF 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.11

21. AAF must notify the Van Nuys 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, AAF 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.

23. The PIC is prohibited from performing aerobatic flight while passengers are onboard

the aircraft.

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

25. 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).

26. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls during flight operations.

27. 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.

28. AAF 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.

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 Exemption No. 9705, as

amended.12

The Effect of Our Decision

The termination date of Exemption No. 9705, as amended, remains June 30, 2014 unless sooner superseded or rescinded. This letter must be attached to and is a part of, Exemption
No. 9705

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards
Service