AFS-16-11462-E

June 23, 2016

 

Exemption No. 6802N

 Regulatory Docket No. FAA-2002-11285

Mr. Robert A. Stenevik

Vice President of Safety, Maintenance and Operations

Commemorative Air Force

109 San Medina Lane

Joshua, TX 76058

Dear Mr. Stenevik:

This letter is to inform you that we have extended Exemption No. 6802, as amended. It 

explains the basis for our decision, describes its effect, and lists the conditions and limitations, 

including the date it ends.

The Basis for Our Decision

By letter dated May 27, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Commemorative Air Force (CAF) for an extension of Exemption No. 6802M. 

That exemption, from §§ 91.9, 91.315, 91.319(a), 119.5(g), and 119.21(a) of Title 14, Code of 

Federal Regulations (14 CFR), allows CAF to operate certain aircraft for the purpose of 

carrying passengers for compensation or hire for living history flight experiences (LHFE).

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 extension of, and amendment to, the exemption 

would not set a precedent, and any delay in acting on this petition would be detrimental to 

CAF.

Please note that the conditions and limitations included with an exemption may not be

based on specific regulations, but are the FAA’s means of ensuring an equivalent level of
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safety. This may necessitate limitations that go beyond the established regulations because

the proposed operation is, by its need for an exemption, outside the normal regulatory

structure. In addition, the FAA may, when necessary, revise the conditions and limitations 

or require corrective action in order to adequately mitigate safety concerns and risk factors 

as they become known.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 6802, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Commemorative Air Force (CAF) an 

exemption from §§ 91.9, 91.315, 91.319(a), 119.5(g), and 119.21(a) of Title 14, Code of 

Federal Regulations (14 CFR) to allow CAF to operate certain aircraft for the purpose of 

carrying passengers for compensation or hire for living history flight experiences (LHFE), 

subject to the following conditions and limitations.

Note: The conditions and limitations of this exemption differ from those of Exemption No. 

6802M. The conditions and limitations have been modified by changing the assigned Flight 

Standards District Office (FSDO) to the North Texas FSDO. This is an administrative change 

only, and was initiated by the FAA in April of 2016 as oversight of CAF was transferred from 

the Lubbock FSDO to the North Texas FSDO. All references to the Lubbock FSDO have

been removed.

Additionally on July 21, 2015, the FAA published the “Policy Regarding Living History 

Flight Experience Exemptions for Passenger Carrying Operations Conducted for 

Compensation and Hire in Other Than Standard Category Aircraft (FAA Policy).” [FR Doc. 

2015-17966 Filed 7-20-2015]. The FAA has determined that the FAA Policy will require 

substantial efforts on the part of existing LHFE holders and the FAA. As such, the FAA will 

consider renewal petitions absent any substantial changes for existing LHFE holders until July 

31, 2017. New LHFE entrants or requests to add aircraft to existing LHFE petitions will be 

required to demonstrate they meet the requirements stated within the FAA Policy. After July 

31, 2017, all LHFE petitioners must be able to demonstrate existence of the requirements 

stated within the FAA Policy for consideration of renewal, additions, or new entry.

Conditions and Limitations

1. This exemption applies only to the aircraft listed below:

a. Beech C-45, N4207;

b. Boeing B-29, N529B;

c. Boeing B-17, N9323Z and N7227C;
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d. Boeing PT-17, N1387V;

e. Consolidated B-24, N24927;

f. Curtiss SB2C, N92879;

g. Curtis C-46, N53594;

h. Douglas A-26, N626SH, N9682C, and N240P;

i. Douglas SBD, N82GA;

j. Grumman TBM, N5264V;

k. North American B-25, N9643C, N27493, N345TH, N5865V, N25YR, and 

N125AZ; 

l. North American P-51, N5428V, N10601, N61429, and N44727; and

m. North American T-28, N70743.

2. CAF must maintain its limited category aircraft in accordance with the:

a. Maintenance requirements as specified in the aircraft type specification sheet, 

as amended;

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(a) and (b) or § 91.409(e), (f) (4), and (g), as appropriate; and

c. Most current technical manuals for airframe, powerplant, and systems used 

operationally by the U.S. military or the technical guidance provided under the 

Military Assistance Program (MAP), thereafter.

3. CAF must maintain its experimental aircraft in accordance with the:

a. Maintenance requirements as specified in the aircraft’s FAA-issued operating 

limitations, as amended; 

b. When applicable, maintenance requirements as specified in the aircraft type 

specification sheet, as amended, when a limited category version of the aircraft 

exists;

c. FAA-approved maintenance inspection program that meets the scope and 

content of § 91.409(a) and (b); and
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d. Most current technical manuals for airframe, powerplant, and systems used 

operationally by the US military or the technical guidance provided under the 

Military Assistance Program (MAP), thereafter.

4. The pilot-in-command (PIC) for the B-17, B-25, and A-26 must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft 

multiengine land rating, an airplane instrument rating, and the appropriate 

unrestricted type rating;

b. Have completed within the previous 12 calendar months, CAF’s 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, CAF’s 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 passenger-carrying 

operations.

5. The PIC for the B-29 and B-24 must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane 

multiengine land rating, an airplane instrument rating, and the appropriate 

unrestricted experimental aircraft authorization;

b. Have completed within the previous 12 calendar months, CAF’s 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, CAF’s PIC 

proficiency check in each aircraft 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 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 passenger-carrying 

operations.

6. The PIC for the Grumman-TBM (G-TBM) must:

a. Hold at least an unrestricted commercial pilot certificate with an aircraft singleengine land rating, an airplane instrument rating, and an unrestricted G-TBM 

type rating;

b. Have completed within the previous 12 calendar months, CAF’s PIC 

qualification and recurrent flight and ground training program in the G-TBM;

c. Have completed within the previous 12 calendar months, CAF’s PIC 

proficiency check in the G-TBM; 

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 G-TBM; or have at least a total of 1,000 hours of aeronautical 

flight experience, 200 hours of aeronautical flight experience in a single-engine 

land airplane, and 100 hours and 50 takeoffs and 50 landings in the G-TBM; 

and

e. Have accomplished within the previous 90 days, three takeoffs and three 

landings to a full stop in the G-TBM. For initial PIC qualification in the GTBM or if the pilot has allowed his/her takeoff and landing currency to lapse in 

the G-TBM, the takeoff and landing currency may not be accomplished during 

passenger-carrying operations.

7. The PIC for all other aircraft must:

a. Hold at least an unrestricted commercial pilot certificate with an appropriate 

category and class rating; an aircraft instrument rating; and the appropriate 
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unrestricted experimental aircraft authorization if required by the FAA-issued 

operating limitations;

b. Have completed within the previous 12 calendar months, CAF’s PIC 

qualification and recurrent flight and ground training program in the specific 

aircraft;

c. Have completed within the previous 12 calendar months, CAF’s PIC 

proficiency check in the specific aircraft;

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 passenger-carrying 

operations.

8. The second in command (SIC) for the B-17, B-24, or B-25, A-26, and B-29 must:

a. Hold at least an unrestricted commercial pilot certificate with an airplane 

multiengine land rating and an airplane instrument rating;

b. Have completed within the previous 12 calendar months, CAF’s SIC 

qualification and recurrent flight and ground training program in each aircraft 

for which SIC privileges are sought;

c. Have completed within the previous 12 calendar months, CAF’s 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 multiengine land airplanes; or have at least 

a total of 500 hours of aeronautical flight experience; 100 hours of aeronautical 

flight experience in 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 
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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 

and landing currency may not be accomplished during passenger-carrying 

operations.

9. CAF must develop and maintain written multiengine airplane specific qualification 

and recurrent ground training programs for its PICs and SICs in each specific airplane 

that cover the training subjects listed below. Each PIC and SIC 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 

specific multiengine aircraft:

Note: All limitations in the applicable technical guidance (i.e., FAA flight 

manual limitations), must be adhered to. If any conflict arises between the 

limitations in the applicable technical guidance and the FAA-issued operating 

limitations, the North Texas FSDO must be contacted for additional guidance.

10. CAF must develop and maintain a written single-engine airplane qualification and 

recurrent ground training program for its PICs in each single-engine airplane that 

covers the training subjects listed below. Each PIC 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 position in the specific single-engine airplane:

REQUIRED TRAINING TASKS

a. General information and description of the aircraft;

b. Aircraft limitations;

c. Aircraft servicing;

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 ground and flight crewmembers;
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(ii) Individual instruction in the location, function, and operation of 

emergency equipment, includingA. 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, includingA. 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; and

o. Aircraft’s checklist.

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the North 

Texas FSDO must be contacted for additional guidance.

11. CAF must develop and maintain written multiengine airplane qualification and 

recurrent flight training programs for its PICs in the specific airplane that cover the 

areas of operations and tasks, as listed in the following below. Each PIC in 

multiengine airplanes must successfully accomplish this training before being assigned 

PIC responsibilities and duties. Each PIC in multiengine airplanes 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 each specific multiengine airplane for CAF:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including-

(i) Airplane exam (oral or written); and

(ii) Airplane performance & limitations (oral or written);

b. Ground Operations, including-

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures;

(iv) Taxiing; and

(v) Pre-takeoff checks;
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c. Takeoffs & Departures, including-

(i) Normal & crosswind takeoffs;

(ii) Simulated powerplant failure; and

(iii) Rejected takeoffs;

d. In-flight Maneuvers, including-

(i) Steep turns;

(ii) Approach to stalls;

(iii) Simulated powerplant failure (actual shutdown and re-start 

procedure for initial PIC qualification, all other powerplant 

failure training may be simulated); and 

(iv) Specific flight characteristics;

e. Landings & Approaches to Landing, including-

(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; including-

(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, and related systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti-ice & deice system; and 

(xi) Airplane & personal emergency equipment;

g. Emergency Procedures, including-

(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. Post flight Procedures, including-

(i) After landing procedures; and

(ii) Parking and securing airplane.

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 
10

applicable technical guidance and the FAA-issued operating limitations, the North 

Texas FSDO must be contacted for additional guidance.

12. CAF must develop and maintain a written G-TBM qualification and recurrent flight 

training program for its PICs in the G-TBM that covers the areas of operations and 

tasks, as listed in the following table of training tasks. Each PIC in the G-TBM must 

successfully accomplish this training before being assigned PIC responsibilities and 

duties. Each PIC in the G-TBM 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 GTBM:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including-

(i) Aircraft exam (oral or written); and

(ii) Aircraft performance & limitations (oral or written);

b. Ground Operations, including-

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures; 

(iv) Taxiing; and

(v) Pretakeoff checks;

c. Takeoffs & Departures, including-

(i) Normal & crosswind takeoffs;

(ii) Simulated powerplant failure; and

(iii) Rejected takeoffs;

d. In-flight Maneuvers, including-

(i) Steep turns;

(ii) Approach to stalls;

(iii) Simulated powerplant failure; and

(iv) Specific flight characteristics;

e. Landings & Approaches to Landing; including-

(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, including-

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;

(iv) Hydraulic system;

(v) Environmental system (as appropriate and if equipped);

(vi) Fire detection & extinguishing system;

(vii) Navigation & avionics system;
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(viii) Automatic flight control system, electronic flight instrument 

system, & related systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti0ice & deice system; and

(xi) Aircraft & personal emergency equipment;

g. Emergency Procedures, including-

(i) In-flight fire & smoke removal;

(ii) Emergency descent;

(iii) Ditching; and

(iv) Emergency evacuation;

h. Postflight Procedures, including-

(i) After landing procedures; and

(ii) Parking and securing aircraft.

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the North 

Texas FSDO must be contacted for additional guidance.

13. CAF must develop and maintain a written single-engine airplane qualification and 

recurrent flight training program for its PICs in each single-engine airplane that covers 

the areas of operations and tasks, as listed in the following table of training tasks. 

Each PIC in single-engine airplanes must successfully accomplish this training before 

being assigned PIC responsibilities and duties. Each PIC in the single-engine 

airplanes 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 single-engine airplane:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including-

(i) Aircraft exam (oral or written); and

(ii) Aircraft performance & limitations (oral or written);

b. Ground Operations, including-

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures; 

(iv) Taxiing; and

(v) Pretakeoff checks

c. Takeoffs & Departures, including-

(i) Normal & crosswind takeoffs;

(ii) Simulated powerplant failure; and
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(iii) Rejected takeoffs;

d. In-flight Maneuvers, including-

(i) Steep turns;

(ii) Approach to stalls;

(iii) Simulated powerplant failure; and

(iv) Specific flight characteristics;

e. Landings & Approaches to Landing; including-

(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, including-

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;

(iv) Hydraulic system;

(v) Environmental 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) Anti0ice & deice system; and

(xi) Aircraft & personal emergency equipment;

g. Emergency Procedures, including-

(i) In-flight fire & smoke removal;

(ii) Emergency descent;

(iii) Ditching; and

(iv) Emergency evacuation;

h. Postflight Procedures, including-

(i) After landing procedures; and

(ii) Parking and securing aircraft.

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the North 

Texas FSDO must be contacted for additional guidance.

14. CAF must develop and maintain written qualification and recurrent flight training 

programs for its SICs in the airplanes requiring SIC by type certificate or operating 

rule that cover the areas of operations and tasks, as listed in the following table of 

training tasks. Each SIC must successfully accomplish this training before being 

assigned SIC responsibilities and duties. Each SIC must receive and successfully 

accomplish the following training within the previous 12 calendar months and be 
13

found to be competent and proficient in these areas prior to serving in an SIC position 

for CAF:

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 a sole manipulator of the 

flight controls;

e. Powerplant failure procedures and maneuvering with a simulated powerplant 

failure while executing the duties of PIC;

f. Crew resource management training; and

g. Familiarization with the aircraft flight manual, placards, and markings.

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations) must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the North 

Texas FSDO must be contacted for additional guidance.

15. CAF 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 North Texas 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.

16. 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 proceeding 12 calendar months may be 

substituted for recurrent flight training.

17. CAF must notify the North Texas FSDO at least 5 working days (Mondays through 

Fridays) before conducting any PIC or SIC initial or recurrent qualification training 

and ay PIC or SIC initial or recurrent proficiency checks required to be conducted 

under the terms of this grant exemption.
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18. CAF must document and record all ground and flight training and/or testing required 

by this grant of exemption in a manner acceptable to the North Texas 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;

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.

19. When requested, CAF 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 North Texas FSDO.

20. CAF 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.
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21. CAF 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 CAF authorizes to conduct flight 

operations in its aircraft under the terms of this exemption;

b. Copies of each PIC’s and SIC’s pilot certificate, medical certificate, 

qualifications, and initial and recurrent training and testing documentation; and

c. Records of maintenance performed and maintenance inspection records as 

appropriate. Maintenance and inspection records must meet the requirements 

of §§ 43.9, 43.11, 91.405.

22. Before permitting a person to be carried on board its aircraft for the purposes 

authorized under this exemption, CAF will inform that person that its aircraft hold 

only a limited or experimental 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 §§ 91.9(a), 91.315, 91.319, 119.5(g), and 119.21(a). The explanation of the 

significance of a limited airworthiness certificate, or 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, standard category 

airworthiness certificated aircraft are manufactured to FAA-approved 

standards, including standards addressing the design of the aircraft and lifelimited parts;

b. Limited category airworthiness certificated aircraft are issued when the FA 

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. 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 
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maintenance of exhibition flight proficiency, including (for persons exhibiting 

the aircraft) flying to and from such airshows and productions;

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.

23. CAF must notify the North Texas FSDO 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.

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 malfunction, 

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;

b. 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; and

(ii) Each failure of the propeller governing systems or feathering 

systems; 
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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.

24. 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 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;

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

the aircraft.

26. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., 

formation flying) is prohibited.

27. 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).

28. No persons other than the assigned flight crewmembers may be permitted on the pilot 

station of the aircraft during flight operations.

29. No persons other than the assigned flight crewmembers may be permitted to 

manipulate the flight controls during flight operations.

30. 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 aircraft.

31. All aircraft must have the equipment listed in §§ 91.205(b) and 91.207 and that 

equipment must be in an operable condition during flight.

32. CAF 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 a 

§§ 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code.

33. No later than 72 hours prior to commencing flight operations under the terms of this 

grant of exemption, CAF 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.

34. CAF 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.

35. This exemption is not valid for operations outside of the United States. 

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. 6802, as amended.
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The Effect of Our Decision

This exemption terminates on November 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service