Exemption No. 10028

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

HISTORICAL FLIGHT Regulatory Docket No. FAA-2009-0382 FOUNDATION, INC.

for an exemption from §§ 91.146, 91.147, 119.5(g), 119.23(a), and 125.1 of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated March 27, 2009, Mr. Roger Jarman of Historical Flight Foundation, Inc., (HFF), 3500 NW. 119 th Street, Miami, FL 33167, petitioned the Federal Aviation Administration (FAA) on behalf of HFF for an exemption from §§ 91.146, 91.147, 119.5(g), 119.23(a), and 125.1 of Title 14, Code of Federa l Regulations (14 CFR). The proposed exemption, if granted, would allow HFF to opera te historical aircraft carrying passengers on local educational flights for compensation or hire.

The petitioner requests relief from the following regulations:

The Historical Flight Foundation (HFF) is requesting an exemption from the following regulations in Title 14 Code of Federal Regulations (CFR):

§ 91.146, which prescribes, in part, requirements for operators conducting passengercarrying flights for the benefit of a charitable, nonprofit, or community event.

§ 91.147, which prescribes, in part, requirements for operators conducting passengercarrying flights for compensation or hire.

§119.5 (g) prescribes, in part, requirements for certifications, authorizations, and prohibitions. Subsection (g) states that no person may operate as a direct air carrier or as a commercial operator without, or in violation of, an appropriate certificate and appropriate operations specifications. No person may operate as a direct air carrier or

AFS-09-219-E2

as a commercial operator in violation of any deviation or exemption authority, if issued to that person or that person's representative.

§119.23(a), prescribes, in part, requirements for operators engaged in passengercarrying operations, cargo operations, or both with airplanes when common carriage is not involved. Subsection (a) states, each person who conducts operations when common carriage is not involved with airplanes having a passenger-seat configuration of 20 seats or more, excluding each crewmember seat, or a payload capacity of 6,000 pounds or more, shall, unless deviation authority is issued—

(1) Comply with the certification and operations specifications requirements of part 125 of this chapter;

(2) Conduct its operations with those airplanes in accordance with the requirements of part 125 of this chapter; and

(3) Be issued operations specifications in accordance with those requirements.

§ 125.1, prescribes, in part, requirements for part 125 applicability. Section (1) prescribes rules governing the operations of U.S.-registered civil airplanes which have a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more when common carriage is not involved.

The petitioner requests an exemption to part 125, with the exceptions of part 125 Subpart D - Airplane Requirements, Subpart H - Airman and Crewmember Requirements and Subpart I - Flight Crewmember Requirements.

The petitioner supports its request with the following information:

The petitioner requests authority to conduct all operations in accordance with 14 CFR part 91 in conjunction with FAA policy regarding requests for exemption from the rules governing the operation of aircraft for the purpose of ca rrying passengers on living history flights in return for compensation. The FAA previously provided a position related to such flights in FAA Docket Number FAA-2006-24260. And as published in the Federal Register on October 9, 2007 (72 FR 57196), the FAA stat ed, “Aircraft holding any category of airworthiness certificate issued under 14 CFR part 21 may be considered for an exemption to provide living history flight experiences.”

A summary of the petition was published in the Federal Register on December 22, 2009 (74 FR 68092). The FAA received seven comments in support of the petition.

The FAA's analysis is as follows:3

The FAA has fully considered the petitioner’s request and supporting information. The FAA finds that a grant of exemption would be in the public interest and would provide an equivalent level of safety to that provided by the current regulation.

The HFF is unique in that its Douglas Aircraft Co. DC-7B aircraft represents the only U.S.- based, 4-engine, passenger propliner in operation today. With the advent of jet aircraft, most of the DC-7 aircraft disappeared from commercial airline service by the early 1970s. The majority of DC-7 airframes were simply scrapped as they were seen as being un-economical to operate. In this unique case, the aircraft being operated by HFF was still in its original passenger configuration as delivered to Eastern Air Lines in January 1958. Of the 112 DC-7 aircraft produced, this is the only surviving passenger configuration aircraft.

In considering the public interest, by granting this petition, the petitioner would be allowed to collect compensation to help cover expenses associated with maintaining and operating the aircraft. Without these contributions, the cost of maintaining the aircraft would be cost prohibitive. The petitioner states that replacement parts and the specific gasoline will eventually be in short supply and may substantially reduce the aircraft performance capability or require the airplane to be grounded. Therefore, the petitioner would like the FAA to allow such flights to be conducted while conditions allow for such operations.

The FAA must ensure the petitioner can maintain an equivalent level of safety when deviating from a regulation. The petitioner has submitted, and the FAA concurs, that the conditions and limitations cited below provide for an equivalent level of safety and therefore require the following to be accomplished when conducting flights under the provisions set forth in this exemption.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, under the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Historical Flight F oundation, Inc. is granted an exemption from 14 CFR §§ 91.146, 91.147, 119.5(g), 119.23(a), and 125.1 to the extent necessary to allow HFF to operate historical aircraft carryi ng passengers on local educational flights for compensation or hire, subject to the conditions and limits described below relating to aircraft type and certification.

Conditions and Limitations

1. This exemption is limited to aircraft regi stration: N836D, a Douglas Aircraft Co. DC7B. Serial # 45345. The date of manufacture is January 13, 1958. Douglas Aircraft issued type certificate TC4A10 on May 25, 1955, under a Standard Airworthiness
Certificate.

2. HFF must maintain 501(c)(3) tax exempt status. The IRS certified HFF as a 501(c)(3) organization. HFF’s federal tax identifi cation number is 45-0594791. Its certification4

provides the following information for HFF: Historical Flight Foundation, Inc., 3500 NW 119 Street, Miami Florida, 33167. Tel: 305-883-2012. Contact Roger Jarman, Secretary.

3. This transport category aircraft must maintain a standard airworthiness certificate as issued in January 1958.

4. The petitioner must meet the passenger briefing requirements of § 125.327 and passengers must acknowledge in writing that the flight is operating under an exemption from the FAA and that the aircraft does not meet the normal standards for the carriage of passengers.

5. The petitioner must maintain the aircraft in accordance with part 125 subpart G.

6. All passenger seats on the DC-7 must be FAA approved and installed per Douglas Report SM-14762 or other FAA-approved basis. The aircraft may have a non-standard seating arrangement to maintain its historical accuracy.

7. The pilot in command (PIC) shall hold an FAA airline transport pilot certificate with DC-6/DC-7 type rating. The second in command (SIC) must hold a minimum of a FAA commercial pilot certificate with instrument and multi-engine ratings. The flight engineer (FE) shall hold an FAA FE certifi cate with reciprocating engine rating. All required flight crew members shall hold at least a 2 class medical certificate. HFF crews must comply with the requirements of 14 CFR part 125 subpart H and subpart I. nd

a. Minimum flight experience for PIC mustinclude the following requirementsi. Completion, within the previous 12 calendar months, of HFF PIC qualification flight and ground training for DC-7 aircraft.

ii. Completion, within the 12 previous calendar months, of an HFF PIC proficiency check in DC-7B aircraft. The proficiency check will consist of the appropriate maneuvers and procedures currently required for the issuance of a DC-6/DC-7 type rating.

iii. Completion of at least 2,500 hours of aeronautical flight experience, 1000 hours of aeronautical flight experience in multi-engine land airplanes, and 25 hours in DC-6/DC-7 series aircraft, or have at least 1000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in a multi-engine land airplane and 100 hours and 50 takeoffs and 50 landings in DC-6/DC-7 series aircraft.

b. Minimum flight experience for SICi. Completion, within the previous 12 calendar months, of HFF SIC qualification flight and ground training DC-6/DC-7 aircraft.

ii. Completion of at least 1,500 hours of aeronautical flight experience, 250 hours of aeronautical flight experience in a multi-engine land5

airplane, or at least a total of 500 hours of aeronautical flightexperience, 100 hours of aeronautical flight experience in a multiengine land airplane, and 25 hours and 10 takeoffs and 10 landings in DC-6/DC-7 series aircraft; or at least 250 hours of aeronautical flight experience, 50 hours in multi-engine aircraft, and 50 hours, 20 takeoffs and 20 landings in DC-6/DC-7 series aircraft.

c. Flight engineers must meet the requirements of 14 CFR § 125.265.

8. Initial and recurrent training for the PIC must be performed to current ATP Practical Test Standards for this type of aircraft. Th e SIC must meet the standards prescribed in 14 CFR § 61.55.

9. HFF must develop and maintain a written DC-7 qualification and re-current ground training program for its PICs, SICs and FEs that covers the training subjects listed below. The training will include all information, procedures, and limitations of a DC-7B. Each crew member must receive the following training within the previous 12 calendar months and must be found competent and proficient in these areas as crew members in PIC, SIC or FE positions in the DC-7B prior to carrying passengers.

REQUIRED TRAINING TASKS a. General information and description of the airplane; b. Aircraft limitations; c. Aircraft servicing; d. Normal operating procedures; 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; m. Weight and balance; n. Performance planning; and o. Crew resource management practices.

10. A current ground training program must be developed and used by the HFF for use by all pilots on an annual cycle.

11. HFF must conduct annual proficiency checks and, if necessary, flight training.

12. A qualified FAA inspector or designee rated in the DC-6/7aircraft will conduct all flight checks6

13. HFF must maintain crewmember training records in accordance with part 125 subpart L.

14. Flight crewmembers must meet the recent flight experience requirements of 14 CFR § 125.285.

15. Flight attendants must meet the requirements of 14 CFR § 125.269.

16. HFF must report all National Transportation Safety Board 830 reportable incidents to the geographical FSDO.

17. The aircraft must be registered in the name of Historical Flight Foundation, Inc.

18. Passenger-carrying operations for compensation may be conducted at distances greater than 25 nautical miles of the departure airport up to 50 nautical 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.

This exemption terminates on March 30, 2012, unless sooner superseded or rescinded.

Issued in Washington, DC, on March 22, 2010.

/s/
John W. McGraw Acting Director, Flight Standards
Service