AFS

- 13

- 011

- E June 28, 2013

Exemption No. 10811 Regulatory Docket No. FAA

- 20 10

- 0234

Mr. Brett Hobson
President Pacific Prowler, LLC
P.O. Box 1753 Joshua, TX 76058

Dear Mr. Hobson :

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 March 26, 2013 , you petitioned the Federal Aviation Administration (FAA) on
behalf of Pacific Prowler, LLC, (Pacific Prowler ) for an exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR)

. That exemption, if granted, would allow Pacific
Prowler to provide pilot training flights in its Limited Category North American B

- 25 ( N1042B) aircraft for compensation or hire

.

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Federal Regi ster because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Pacific Prowler

.

Although you requested an extension of Exemption No.10057 (copy enclosed), that exemption expired on April 30 , 2012. Therefore, we are issuing Pacific Prowler a new exemption.2

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. 10205A (copy enclosed), the
FAA fou nd that flight training is the cornerstone for safe flight operations. The FAA promotes training as evidenced by th e requirements for the 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. The FAA, therefore, found a grant of exemption to Texas Aviation Hall of Fame would provide a segment of the aviation community with flight instruction that might not otherwise be available.

In addition, the FAA has amended the conditions and limitations to adopt certain aspects of
conditions and limitations found in the living history of flight exemption issued to Pacific Prowler ( No

. 9931, as amended). While the FAA recognizes that exemption No. 9931, as amended, provides different relief than this exemption, the scope of the op eration is similar.
The FAA has amended the conditions and limitations in this exemption accordingly.

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 10 205A ;

• the reasons stated by the FAA for granting the enclosed Grant o f Exemption
No. 10 205A also apply to the situation you present; 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 gran t Pacific Prowler, LLC, an exemption from 14 CFR § 91.315 to the extent necessary to allow Pacific Prowler to provide initial and recurrent training in its B

- 25 air craft certificated as limited category civil aircraft, subject to the
conditions and limitat ions described below.

Conditions and Limitations

1. This exemption applies only to the aircraft Pacific Prowler Limited Category
North American B

- 25, N1042B. This aircraft, when used for flight instruction under this exemption, must be in the operational c ontrol of Pacific Prowler

.

2. The privileges of this exemption are limited to flight training intended for the purpose of recurrent pilot training

, proficiency, or training for an FAA certificate

, rating , or authorization

.

3. P ersons receiving flight training under this exemption must hold at least a private pilot certificate with applicable category and class ratings. Persons receiving flight3

instruction in the B

- 25 must meet the second

- in

- command (SIC) requirements of § 61.55.

4. The privileges of this exempt ion may only be exercised under the auspices of a training manual that identifies specific syllabi for all ground and flight training
activities conducted for the aircraft. The exemption holder must provide all students with a copy of the appropriate syll abi prior to conducting training. The training manual must also contain the following information:

a. A syllabus of each training activity conducted under this exemption for the
aircraft.

b. A description of operational limitations for the aircraft used for f light training under this exemption.

c. A requirement that p ilots receiving instruction conducted under this exemption must log the flight time in a pilot logbook or training record . Each entry must cite the appropriate Pacific Prowler syllabus and lesson ta ught during that flight.

d. The t raining manual must identify the name and contact information for the
individual acting as chief instructor for Pacific Prowler operations under this exemption. The individual named as chief instructor must meet all the
follo wing qualifications:

i. Hold a commercial pilot certificate or airline transport pilot certificate with instrument, category, and class rating for the aircraft operated under this exemption.

ii. Hold a certificated flight instructor ( CFI ) certificate with appro priate category and class rating s

.

5. The following documents must be provided by the exemption holder to the Flight
Standards District Office ( FSDO ) with geographic responsibility for the airport where flight training will be conducted, and must be provided to any representative of the FAA Administrator upon request:

a. A copy of the current exemption;

b. A copy of the Pacific Prowler training manual, and;

c. The qualifications of each instructor conducting training under the terms of the exemption.

6. Pacific Prowler must maintain its B

- 2 5 in accordance with the:

a. Maintenance requirements as specified in its B

- 2 5 operating limitations, as amended;

b. FAA

- approved maintenance inspection program that meets the scope and
content of § 91.409(e), (f)(4), and (g) ; and4

c. B

- 2 5 mili tary technical manuals.

7. The person providing instruction in the B

- 2 5 must:

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

b. Have at least a total of 1 ,500 hours of aeronautical flight experience, including
25 hours as pilot

- in

- command in the type aircraft; 25 takeoffs and 25 landings
in the type aircraft; and

c. Have accomplished within the previous 90 days, t hree takeoffs and three landings to a full stop in the B

- 25

.

8. The exemption holder must inform anyone receiving flight instruction under this exemption that its aircraft hold s only a limited airworthiness certificate

, the significance of the airworthines s 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 compare d 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 airwort hiness 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 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 i s in a safe operating condition.

c. Standard category airworthiness certificates are issue d 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 ap plicable Federal Aviation Regulations

.

9. The exemption holder must notify the jurisdictional FSDO by written report, electronic mail, or facsimile, of any of the following occurrences within 24 hours.5

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.

a. 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 malfunctio n, failure, or defect in any system or component that requires taking emergency action of any type during the course of any flight

. b. Any of the following in

- flight or ground occurrences:

i. Each exhaust system component fail ure, including the turbocharger or

s upercharger 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

.

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

d. Each aircraft structure that requires major repair due to damage, deformation,

or corrosion and the method of repair.

10. All flight operations must be conducted wit h a minimum flight visibility of not less than three statute miles and a minimum ceiling of not less than 1,500 feet above ground level (AGL), unless the flight is conducted under instrument flight
rule s (IFR) or special visual flight rule s (VFR).

11. No othe r persons may be permitted aboard the aircraft during flight operations

, except for the following:

a. T he person acting as flight instructor;

b. The person who possesses at least a private pilot certificate with appropriate category and class ratings receiving f light instruction; and6

c. Up to two additional people acting as pilot

- trainees who meet the requirements
of Condition No. 11 (b). Observers may be either a trainee (who is also enrolled in a course identified in the training manual for the same aircraft) or

a n employee of the exemption holder performing an official function such as instructional oversight.

12. The aircraft must have the equipment listed in § 91.205 (as applicable to the operation being conducted) and § 91.207

, and that equipment must be in an

op erable condition during the flight.

13. 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

Our decision extends the te rmination date of Exemption No. 10811 to June 30, 2015 unless sooner superseded or rescinded.

Sincerely,

/s/
John M. Allen Director, Flight Standards Service

Enclosure