02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 01 

JAMES E UPSHAW 

TOMMIE S. WI\.LlAMS 

MARC A. BIGGERS 

GLENN F BECKHAM 

f. EWIN HENSON IN 

I.ONME 0. BML£Y 

ROBERT S UPSHAW 

CLINTON MGUSNTHiR 

RICHARD C. WiaiAMS, JR. 

BICMAftO L. KIMMEt 

W, HIK5HG1LL0N 

UPSHAW, WILLIAMS, BIGGERS & BECKHAM L.L.P. 

ATTORNEYS AT U^W 

POST OFFICE BOX 8230 

GREENWOOD, MISSISSIPPI 38935-8230 

PHYSICAL ADDRESS: 

309 FULTON STREET 

GREENWOOD. MISSISSIPPI 36930 

TELEPHONE (662)455-1613 

FACSIMILE (662)'53-92'd5 

PATRICK M.TATUM 

J. U, WILSON IV 

STEVEN C. C00K9TON' 

PETER L. CORSON 

HARRIS F. POWUERS Hl-^ 

CHARLES C. AUERSWALD 

RYAN R. ROSERTSON 

TOMMIE WILLIAMS, JR. 

WILLIAM L. MORTON, III 

• iHJD AOMTTR) tH NRWAQiS 

-ALSO AWrrt A IN TEM>«UE 

January 14,2010 

Certified Mall, Return Receipt Requested 

OF COUNSEL: 

OTHA E. WILLIAMS, M.D., J.D. 

JACKSON OFFICE 

713 5. Pmr Orcham Re«a, $ul(« 10; 

RIOGSLANO. MISSISSIPPI 3B1S7 

P. o. aoisii? 

JiKttaon, MS 392se 

TELEPHONE (SOI 1970-1996 

FACSIMILE (601) S70.iai9 

Mr. John W, McGraw 

Acting Director, Flight Standards Service 

U.S. Department of Transportation 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

cu 

Re: Commemorative Air Force, inc. 

Exemption No. 6802G 

Regulatory Docket No. FAA-2002-11285 

o> 

Dear Mr. IVIcGraw: 

This letter will advise you that the Commemorative Air Foni^e, Inc (OAF) has contacted our 

office and requested that we assist it in Petitioning for Reconsideration of the FAA's denial to add a 

Lockheed T-33A to their current Exemption No. 6802G. 

t have reviewed your letter of October 13,2009 and specifically, your concerns for the 

safety of passengers since the Lockheed T-33 while in the U.S. Military Service required the 

installation of an ejection seat. It is our opinion thai the specific Lockheed T-33, N91242, which the 

CAF has requested to be added to the Exemption, meets the equivalent level of safety required by 

the FAA for the following reasons: 

1. Ejection seats were optional in the military for the Locl<heed T-33. This specific 

T-33, N9124Z, is no longer equipped with an ejection seat. The Locl<heed 

manuals for the T-33 provide specific egress instructions for aircraft with nonejection seats. Safety pins have been installed to secure the tandem seats and 

there is no linkage between the canopy and seat remover 

2. Pattern speeds and aircraft weight are comparable to reciprocating-powered 

aircraft which are included in the 6802G exemption program. 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 02 

UPSHAW, WILLIAMS , BIOGERS & BECKHA M LLP 

January 14,2010 

Page 2 

3. Clear, non-ejection seat egress instmctions are published for the T-33 by the 

manufacturer. These instaictions are also published in Navy and Air Force 

Operations manuals for the T-33/TV-2. These procedures have been successfully 

demonstrated using these published procedures. (See Exs. A and B). 

4, The T-33 is of comparable weight to most all corporate jets which have neither 

ejection seats nor easy egress. We feel that this fact reinforces our belief that the 

operation of this specific T-33, N9124Z, poses no greater danger to the general 

public than other similar aircraft in the GA fleet. 

Finally, it is our opinion that the most persuasive evidence for the T-33's safety and 

perfbrniance record is the fact that this specific T-33, N9124Z, has qualified under previous CAF 

6802 exemptions; as evidenced by the attached CAF 6802D program letter dated 12/01/2004, FAA 

docket No. FAA2002-11285. In this exemption letter, this specific T-33, N9124Z, was approved to 

be operated under that exemption and has flovim many successful flights without incident. (See 

Ex. C). 

On behalf of the CAF we respectfully request an infomnal conference to discuss 

additional issues, which, in our opinion, will insure an equivalent level of safety for this specific T-33 

to be included under Exemption No. 6802G. I would appreciate your contacting my office to 

discuss a reasonable date and time where we may provide additional information vi/hich we are 

confident will satisfy your concerns. 

Thank you for attention and anticipated cooperation in this matter and I look 

forward to talking with you soon. 

Sincerely, 

UPSHAW, 

&BEC 

?ichand L. Kimmel 

RLK/jmj 

Enclosure 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 03 

T.o. rr-33A-i 

AIR FORCE, l/ninnil Prntg. Co. SL LOUIB, MO. 30 imie4SO-5560O (Lockheed A/C) 30 April 1969 
02/22/2010 13:09 2822675075 OFFICE OF RULEMAKING PAGE 04 

T.O. 1T.33A-1 Section III 

1. THROTTLE—MINIMUM PRACTICABLE POWER. 

(Maintain highest power possible until naching minimum ejecdoQ aldtode. Check fire, smoke, low of con-

(xolj;, ocplosions, and engine instmments.) 

2. IF FIRE 1$ CONRRMED—EJia NOT LOWER 

THAN MINIMUM EJECTION ALTITUDE. 

3. If fire cannot be cooficmec^^Use minimum potver 

and land. 

COCKPIT FOG REMOVAL. 

During ceitain atmospheric conditions, the air cooler 

wUI create a vapor condition in the cockpit re»mbling 

smoke. This cm usually be eliminated by temporarily 

positioning the cabin temperature control to full HOT. 

COCKPIT SMOKE REMOVAL. A 

Smoke in the cockpit may be caused by oil that was 

spilled during the postflighc or during maintenance, or 

it may result from the oil filler cap coming off. This 

type <rf smoke is generally light gtey or white and is no 

cause for immediate alarm. If there is smoke in the 

codcpit, proceed as follows: 

Not« 

• On airplanes equipped with the electrically 

operated air shutoff valve, remember that once 

the cabin pressure dump switch has been placed 

in the DUMP position, cabin pttssuriaation 

will Qo longer be available until the air shut, 

off valve in the speed brake area is manually 

reset to the OPEN posidon. Thus, rapid accumvladon of frost can be expected. 

• The electrically operated air shutoff valve cannot be actuated with the battery and generator 

switches in the OFF posirion. 

7. Cabin temperature sdecror—COLD. 

». Speed brakes—DOWN. Extension of the speed 

brakes will facilitate ct>ckpit smoke removal because the 

cockpit pressure dnmp vaWe empties into the speed 

brake area. 

9- Cockpit ram air ventilaeor—OPEN. 

10- Canopy—^Jetdson if necessary. If smoke is caused 

by a short in the electrical wiiing follow the procedures 

foe High Loadmeter Reading. 

I 

^. OXYGEN REGULATOR DILUTER LEVER^100% 

OXYGEN. 

2. Chedc for presence of fire. 

3. Battery and Generator switches - OFF (only 

lor an electrical fire). 

WARNINO 

Fuel pumps will be inopetativ« when 

batteiy and generator switches are 

off, leaving only useable fuel from 

the fuselage tank and wing tip tanks. 

NOTE 

If smoke is censed by a short in the 

electrical system, follow the procedures for High Loadmeter Reading. 

4. Front and rear cockpit pressurinti'on grilles and 

ducts—CLOSED. 

5. Defroster—OFF. 

<5. Cabin pressure—DUMP if neccssaty. 

EJECTION. A 

Escape from the aircraft has been successfully accomplished with and without the ejecrion seat. If sufficient 

altitude is available the crew members should ejea in 

preference of ditching or crash landing. A forced landing may be preferable to ejecnon if a suitable field is 

available. The procedure is the same for both codtpits. 

The occupant of the aft cockpit will always be ejected 

first because of the ejecdon sequendng system, whether 

or not the tear scat safety pins am installed^ 

WARNINO •] 

If escape is made at high aldtude, remain connected to the airplane oxygen system while 

all other preparations for escape are being 

made. Just before leaving the airplane, place 

the ^ e H-2 emergency oxygen cylinder into 

operation by pulling the cable of the oxygen 

cylinder (the caution tag and pin assembly 

having been removed prior to takeoff), then 

disconnect the oxygen hose. If practicable, 

descend to about 14,000 feet MSL before leaving the airplane. 

Chonge 1 3-11 

^ 

^ 

^ 

^ 

^ 

^ 

^ 

4 
02/22/2010 13:09 2022575075 OFFICE OF RULEMAKING PAGE 05 

Stelinni" T.O. U-33A-1 

BEFORE EJECTION. 

If ejection becomes necessary, the airplane is still under 

comrol, and sufficient altitude remains, the following 

should be accomplished (as applicable) to minimiu the 

danger of physical injuty, thereby increasing the chances 

of successful escape. 

1. Advise otiier occupant of decision to eject. 

2. IFF/SIF selector switch—EMERGENCY; (Mode 

3, Code 77) transmit MAYDAY and give position 

repoct3. Loiwer helmet visor. 

4. Reduce airspeed. 

5. Actuate bailout bottle. 

EJECTION PROCEIXURE (With Eieetien Se«tsK 

If the dedsion has been made to abandon the airplane 

in flight, escape should be made with the ejection seat 

The basic ptotedure is shown in f^r e 3-3. Connection 

requirements for the zero-delay parachute lanyard ate 

presented elsewhere in this Section. 

1. ORDER CREWIMEMBER TO EJECT. 

2. RAISE BOTH ARM RESTS. The right arm test 

jettisons the caoopy; the left arm teat locks the 

shoulder harness. . 

WARNING 1 

If the canopy does not jettison when the righthand arm rest is raised pull the "T ' handle. 

If this fails^ attempt to release the canopy 

electrically or manually. If all anempts to release the caoopy fail, it is possible to eject 

through the canopy. Adjust the seat to the 

full bottom position before ejeaing through 

canopy. 

3. SQUEEZE TRIGGER IN RIGHT-HAN D GRIP TO 

EJECT SEAT. 

Note 

If the tiigget is squeezed while raising the 

armrest, die seat may not fire. If this occurs, 

insure the armrest is fully raised, release 

Che nigger and squeeze again. 

BAILOUT PROCEDURE (Ejection Seat Inoperable). 

If an emergency occurs necessitating a bailout'without 

the use of the ejection seat, proceed as follows: 

3-12 Change 3 

1. Lap belt, shoulder harness, oxygen and radio con-

' - -Release: necaon: 

2. Canopy—^Jettison. 

3. Bail out. 

Nor* 

If the airplane is controllable, trim foil nosedt>wn and pull stidc back to slow the airplane. 

Roll into an inverted position. Keep a positive 

G-toad until inverted; then abruptly release 

stidk and push free. 

4. Parachute arming lanyard or ripcord handle— 

Pull (as applicable). 

Note 

Without the automatic patachute, pull the ripcord handle when the estimated altitude is 

14,000 feet, or immediately after clearing the 

airplane if below 14,000 feet. 

EJECTING CONDITIONS. 

The following inforonadon should be considered when 

ejection is imminent. -''"' 

A. UNDtk l£VEL fUOHT CONDtTtONS, EJECT AT 

IfASr 2000 FEfT ABOVE THE TERRAIN. 

ft. UNDEH SPIN Oft DIVE CONDHIONS, EJECT AT 

LEAST 10,000 FEET ABOVE THE TERRAIN WHENEVER 

POSSIBLE. 

WARNING ] 

Do not delay ejection below 2000 feet in a 

fwdle attempt to stan the engine or for other 

reasons that may commit you to an unsafe 

ejecdon or a flameout landing under adverse 

conditions. Acddentstatinio emphatically show 

a progressive decrease in successful ejections 

as ejection altitude is decreased below 2000 

feet. 

Low-Aiiilud* Ejection. 

During any low altimde ejection the chances for successful ejection can be greatly increased by zooming 

the airplane (if airspeed permits) to exchange airspeed 

for altioide. Ejection should be accomplished while the 

airplane is in a positive climb and airspeed is above 120 

knots. ITiis will result in a more nearly vertical trajectory 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 06 

'^liiM^i^ii m. 

:«i1#m 

'.it-^:^^ ' fr^s" '^ . .';>^),v',,.il^^^,()i^|4j|^ 

«S''^ti.aKf.*'^''^''^'^'--•• 'v' f •• ••••'••• 

aK'S ^ ••••••'••" •' • • •"'•• • 

^ " fJAVY MODEL 

AIRCRAFT 

O 

TV-2 

PUBIISHEO UNDER AUTHORITY OF 

THE 5ECSETARV Of THE AIR FOPCS 

ANO THE CHlEf Of THt ftUREAU OF 

AtRONAUTICS. 

NOTICE: ^TKi* (lotiinicnT contatn-s infofmalion ;iffectinx (lie «.i<inii:il dcfcnx of (he 

I'nii*\1 Stii«'« wiilun ilu' mcnnini; t>f fl>c 

K>piorla|;r t^v- . T irl.; 1«. t'.S.d . f>rKiiim 

- " M .Tn<J "') • It« ri-,Liii,fnr>^ci>n or tin rrvila , 

nnn of i:j iftnicHK^ >» in*- mMnnvr f" .-^n rrn-

.'.-' • ••,.• ;'%^'«rs:^.;.- • 

." ^ 

;•• "^^^-^^ ^ 

30 SEPTEMBER, 1951 

REVISED 30 NOVEMBER 1953 
02/22/2010 13:09 2022675075 

Section ( 

OFFICE OF RULEMAKING PAGE 07 

AN 0K7SFJC-1 

CANOPY LOCK HANDLK. A canopy locking handle 

:|l5Si Agure 1-3 and 19, figure 1-4) is provided on the 

n^std e of each cockpit to lock the canopy closed during flSjght. The handle is pulled aft to lock and pushed 

feawtad to unlock. The canopy must be unlocked befinK opening but should not be unlocked before jettisonrfWWMW*»«MMMM^<^« 

I CAUTION 

• 

If the canopy lock handle ix not in the fully unlocked position the entire canopy electrical system may be inoperative. 

CANOPY JETTISON LEVER. Mechanically interconnected canopy jettison levers (25, figure 1-4 and 2, 

Jig;are 1-7) arc located on the right side of each cockpit. 

As cither of the levers is pulled aft, a diagonal safety 

jwn in pulled from (Ke explnsive canopy remover head, 

tlie canopy is unlatched, and the explosive canopy reoK»'ef is fired. As the canopy moves from the full 

«jpen to the breakaway position, a lever is tripped and 

cjUes attached to the lever pull the safety pins from 

r i die backs cf the ejection scats (on early** airplanes 

I vely). The canopy can only be jettisoned from the closed 

position. 

EXTERNAL JETTISON HANDLE. A handle attached 

to « coiled cable (figttrc 3-2) is stowed in the exterior 

-wen on the right side of the airplane to permit jettison 

of the canopy from the outside when the airplane is 

OB the ground. The oible is provided to permit operation from a safe distance. 

CANOPY UNLATCHED WARNING LIGHT. A red 

light on each insttument panel (12, figure 1-3 and 1<S, 

figure 1-4) glows when the canopy is unlocked, and is 

off when the canopj' is locked. 

$€ATS 

NON-EjECnON SEATS.* 

The seats (figure 1-1S) are conventional, non-ejection, 

bucket type seats equipped with a safety belt ind an 

inertia reel type shoulder harness. Seat height may be 

adjusted by means of the lever on the right side. 

EJECTION SEATS.f 

The ejection type seats (figure I-I9) are equipped with 

safet)- belts .ind inertia reel type shoulder harnesses. A 

multiple unit quick-disconnect fitting is provided on 

she left side of the scats to automatically disconnect 

oxygen, radio iind G suit lines when the seats arc ejected. 

One safety pin is installetl (figure 1-19) in each seat 

1. SHOULDER HARNESS 

7. SEAT HEIGHT ADJUSTMENT LEVER 

3. SEAT BELT 

4. SHOULDER HARNESS INERTIA REEL 

LOCKING LEVER 

figure 1-J8 — Non-cfcction Seot Controls* 

to prevent inadvertent ejection while on the ground. 

These pins must be removed prior to Highc. On early** 

airplanes an interlock mechanism between the canopy 

and seac ejection .systems is installed to prevent the seats 

from being ejected before the canopy has been jettisoned. 

On laterft airplanes the seat catapult is fired through 

an initiator on the right side of the scat (figure 1-19). 

The ejection controls and procedure are unchanged but 

(here is no linkage between the canopy and seat remover, 

* AF Serials 4B-357 thru 51«4039 

•* AF Sarrok 51-4040 thru 51-9035 

t A F Serials S1>4040 ond sub$*c|w«nt 

i f AF Serials 51'>9036 and subsMjuent 

38 Revised 30 November 1953 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 08 

Sectidfi III 

PREPARATION. 

AN OI^SFK-I 

CAUTION I 

If biiil-oui is made at high altitude, remain connected to (he airpLnc wajgen s)s(cm while all 

other preparations for leaving (he airplane ate 

being nude. Just before leaving the airplane, 

disconnect o^eygen tubing at tec near mask 

and plMce the type H-2 emergency oxygen cylinder into operation, by pulling the rip cord 

cable of the oxygen cylinder (the caution lag 

and pin assembly having been removed prit>r 

to take-oif). 

1. Inform the student as far in advance as possible 

that it will be necessiry to bail our and chock that he 

knows what to do. 

2. If the airplane is will controllable, reduce speed 

to lowest speed possible to maintain straight and level 

(tight. 

3. Turn IFF selector switch to EMERGENCY. 

BAIL-OUT PROCEDURE (WITH EJFCTION 

SEATS) 

HIGH ALTITUDE. 

Refer to figure 3-3. 

LOW ALTITUDE. 

A review of scatisrirs on ejection scat hail-outs shsows a 

low percentage of soccc^fol bail-ouis attempted below 

2000 feet altitude. 'litis is attribuied to insufficieiU time 

ondcr stress of an emergency to acctMnplish release from 

the seal andelTcct parachuee deplo)fnem, and the natural 

lendency to pull the rip cord before releasing the h p belt 

and kicking free of the seat. Parachutes are unlikely co 

deploy when the rip cord i> pulled while you are still 

strapped in rhe seat. Ponding avail.ihi1ity of an automatic opening type lap belt, the following procedure is 

recommended fnr low altitude bail-oui except where 

negative "G" forces or vi(»lent maneuvers arc applied 

which would force the body away from the seat: 

FOR BAIL-OUl'S BELOW 2000 FEET, IF 

PROPl^R POSITION ON THE SFAT CAN 

BE MAINTAINED FOR EJECH-ION, UNFASTEN I'HE LAP BELT BEFORE PRO> 

CEEDING WITH THE EJECTION SEQUENCH SHOWN ON FIGURE 3-3-

PROCEDURE (WITHOIH' EJECTION SEATS). 

1. Jettison the canopy fey pulling back en the jettison 

le*a in either cockpit. 

2. Release the safety belt shoulder harness and tsKlio 

connection. 

3. Dive o^'cr the trailing edge of the wing from either 

side or roll the airplane on its back and push clear. 

AUtCRAFT SYSTEMS. 

ITJEL SYSTEM. 

If the engine fails for no apparent reason, it is probable 

ihat the fu.M:l4gc tank has run dry or that one of the 

c»((inr furl ^)<ifcrv> units has failed. If th« normal system 

is iit fault, the engine \hould run on the emergency fuel 

system (figure 3-4) after a normal air start, tf the 

fuselage tank has run dry, torn fuselage unk switd) to 

BY-PASS and turn on wing and leading edge tank 

switches. 

BOOSTER PUMP FAILURE. Tf a wing or leading edge 

tank booster pump fails, fuel cannot be drawn from 

that tank by the engine-driven pump. However, fuel will 

be fed normally from the corresponding tank on the 

opposite side of the airplane if its booster pomp is operating. Fuel m,iy be drawn out of the fuselage tank by the 

engine-driven pump without the aid of the booster pump 

at a rate in excess of that necessary to priyvidc 100% 

rpm up to an altitude of at lease BvOOO feec 

LEAKING FUEL TANKS. If a serious fuel leak is 

susfKcied. use the fuel from' the leaking tank as rapidly 

as possible (by turning alt other tank switches off). 

If ihe leak is in the fuselage tank, fitsc turn the wing 

tank and leading edge tank switches off and consume 

the fuel in the tip tanks and the fuselage uok. Then 

turn the fuselage tank switch to BYPASS and the wing 

tank and the leading edge tank switches On> 

TIP TANKS FUEL SYSTEM MALFIWCTION. 

Due to matfuiKtioo of the wing tip tank fuel system, it b 

possibk for one tip tank to empty and one tank to remain 

full or panially full. This condition results in mng 

heaviness, affecting the wing on which the full tank b 

installed. Wing heaviness from this cause becomes more 

apparent as airspeed is reducet) end below 130 knots IAS 

(IJO mph) with 230 gallon tip tanks, 101 knots (116 

mph) with 169 gallon tip tanks, fdl aitetoo control 

will not hold the viogs level. Since several fatalities 

have resulted from attempting co land in chfa condition, 

compliance with the following instmctiona b maodatury whenevet abnormal wing heaviness is encountered 

:ind the tip tanks are installed, 

UNDERSLUNC (16$ gallon) TANKS. 

1. Jenison the tip tanks (over a deat area). 

2. In event landing with one heavy and one empty 

tip tank becomes absolutely necessary because the tanks 

ftevtsed 30 NovMnher t9$3 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 09 

^ 

USDeporfment 800 independence Ave,. S.W. 

(jfTrarHporlDlion washingion, D.c, 20591 

tti«ra\Maiaon 

AdmlnbtraHOn 

npr 0 1 ^0^* Exemption No. 6802D 

Regulatory Docket No. FAA-2002-11285 

Mr. Robert R.Kice 

President 

Conunemorative Air Force 

P.O. Box 62000 

Midland. TX 79711 

Dear Mr. Rice: 

This is in response to your March 5,2004, letter petitioning the Federal Aviation 

Administration (FAA) for reconsideration of the FAA's limited extension of Exemption 

No, 6802. On January 30,2004, the FAA determined that an extension was only wananted 

through November 30,2004. 

Exemption No. 6802, as amended, permits the Commemorative Air Force (CAF) to operate 

certain military aircraft for the puipose of canying passengers on local educational flights. 

This exemption was issued under a program whereby the FAA issues exenq^tions from 

§§ 91.319.119.5(g), and 119.25(b) of Title 14 of the Code of Federal Regulations (CFR) for 

certain former U.S. military, World War U oi; earlier vintage airplanes. Tteae exemptions are 

issued because these aircraft provide a unique educational experience that would not 

otherwise be available. 

In the petition that was the subject of the FAA's January 2004 detennination, CAF requested 

that Exemption No. 6802 be extended until January 31,2006. This request was denied 

because tiie FAA had identified several concerns with regard to the previous exemptions for 

vintage military aircraft. As noted in our denial, these concerns led the FAA to reexamine and 

refine its policy regarding excitations for vintage military aircraft. However, the FAA also 

recognizol that a blanket denial of all extension requests could impose a sizeable hardship on 

exemption holders who had not received advance notice of the FAA's change in general 

policy. Accordingly, ttie FAA limited extension of Exemption No. 6802 for the North 

American P-51, Lockheed P-38, and Lockheed T-33 to November 30,2004, which roughly 

corresponds with the end of the 2004 airshow season. 

AFS-O4.344-E 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 10 

As noted above, CAF has asked the FAA to reconsider its January 2004 decision and to 

extend Exemption No. 6802. The FAA has decided to further extend Exemption No. j6802 

until November 30,2005. The FAA has made this decision because it intends to issue within 

the next year a policy statement or other guidelines that will outline the conditions under 

which the agency wUl grant or renew exen^tions to 14 CFR §§ 91.319,119.5(g), and 

119.25(b) former military aircraft used for tiie purpose of carrying passengers on local 

educational flights. 

In consideration of the foregoing, I find thai a one^year extension to Exemption No. 6802 is in 

the public interest. Additionally, tiie FAA has determined that good cause exists for not 

publishing a summary of the petition in the Federal Register because any delay in acting on 

your request for reconsideration would be detrimental to CAF and because this action is 

merely an extension that will be superseded by the FAA's policy statement or guidance, 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, Exemption No. 6802, as amended, is further amended by extending 

its November 30,2004, termination date for the North American P-51, Lockheed P-38, and 

Lockheed T-33 to November 30,2005, unless sooner superseded or rescinded. Operations 

under this exemption are subject to the revised conditions and limitations: 

1. CAF must maintain its airplanes (those listed in Condition No. 24), in accordance with 

tiie— 

a. Maintenance retjpirements as specified in the specific foimer U.S. military airplane 

(those listed in Condition No. 24) type specification sheet, as amended; 

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

§91,409(£)(4)and(g);and 

c. Appropriate former U.S. nuUtaiy airplane's military technical manuals (those listed in 

Condition No. 24). 

2. The pilot in command (PIC) must— 

a. Hold at least a commercial pilot certificate vnth a multiengine airplane rating, an 

airplane instrument rating, and the i^jpropriate type rating in the specific former U.S. 

military airplane (those listed m Condition No. 24); 

b. Have completed witiiin the previous 12 calendar months, CAPs PIC qualification and 

recurrent fli^t and ground training program in the appropriate airplane of the specific 

former U.S. military airplane (those listed in Condition No. 24) for which PIC privileges 

are sought; 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 11 

c. Have completed within the previous 12 calendar months, CAF's PIC proficiency check 

3 in the appropriate airplane of tiie specific former U.S. military airplane (those listed in 

j Condition No. 24) for which PIC privileges are sought; 

I d. Have at least a total of 2,500 hours of aeronautical flight experience, 1,000 hours of 

I aeronautical flight experience in multiengine airplanes, and 25 hours in tiie s^ropriate 

I airplane of the specific former U.S. military airplane (those listed in Condition No, 24); 

I orhaveatleastatotalof 1,000 hours ofaeronautical flight experience, 200 hours of 

aeronautical flight experience in multiengine airplanes, and 100 hours and 50 takeofEs 

I and 50 landings in the appropriate airplane of the specific former U.S. militaiy airplane 

(those listed in Condition No. 24); and 

i e. Have accomplished within tiie previous 90 days, three takeoffe and three landings to a 

i full stop in the appropriate airplane of the specific former U.S. military airplane (those 

listed in Condition No. 24) for v^^ich PIC privileges are sou^ . For initial PIC 

I qualification in the appropriate airplane of the specific former U. S. military airplane 

I (those listed in Condition No. 24) or if the pilot has allowed his/her takeoff and landing 

currency to lapse in the appropriate airplane of the specific former U.S. military airplane 

(those listed in Condition No. 24), the takeoff and landing currency may not be 

accomplished during passenger-carrying operations. 

j 3. The second in command (SIC) must— 

I a. Hold at least a commercial pilot certificate with a multiengine airplane rating and an 

airplane instrument rating; 

b. Have completed within the previous 12 calendar months, CAF's SIC qualification and 

I recmreiit flight arid grourid training program in the appropriate airplane of the specific 

! former U.S. military airplane (those listed in Condition No. 24) for vAdch SIC privileges 

are sought; 

i 

c. Have completed within the previous 12 calendar months, CAF's SIC proficiency check 

I in the appropriate airplane of the specific former U.S. military airplane (those listed in 

I Condition No. 24) for which SIC privileges are sought; 

d. Have at least a total of 1,500 hours ofaeronautical flight experience, 250 hours of 

aeronautical flight experience in multiengine airplanes, or have at least a total of 

500 hours of aeronautical flight experience, 100 hours of aeronautical flight experience 

I in multiengine airplanes, and 25 hours and 10 takeoffs and 10 landings in the 

appropriate airplane of the specific former U.S. military airplane (those listed in 

CknnditionNo. 24); and 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 12 

4. 

e. Have accomplished within the previous 90 days, three takeo£fs and tiiree landings to a 

full stop in the appropriate airplane of the specific former U.S. military airplane (those 

listed in Condition No. 24) for which SIC privileges are sought. For mitial SIC 

qualification in the appropriate airplane of the specific former U.S. military airplane 

(those listed in Condition No. 24) or if the pilot has allowed his/her takeo£F and landing 

curren<^ to lapse in the appropriate airplane of the specific former U.S. military airplane 

(those listed in Condition No. 24), the takeoff and landing currency may not be 

accomplished during passenger-carrying operations. 

CAF must develop and maintain a writtcai qualification and recurrent ground txaiiung 

program in the appropriate airplane of the specific former U.S. militaiy airplane (those 

listed in Condition No. 24) for its "PlCs and SlCs that covers the training subjects listed 

below. Each PIC and SIC must receive the following training and iterations of training 

within the previous 12 calendar months prior to serving in a PIC or SIC position in the 

appropriate airplane of the specific former U.S. military airplane (those hsted in Condition 

No. 24) for CAF: 

REQUIRED TRAINING TASKS 

a. General information and description of flie airplane; 

b. Aircraft limitations; 

c. Aircraft servicing; 

d. Airspeeds; 

e. Fuel system; 

f. Electrical system; 

R. Hydraulic system; 

1 h. Engines; 

i. Instruments and avionics; 

j . Landing gear, brakes, controls, and flaps systems; 

k. Propeller, 

1. Emergency procedures, includins— 

(i) Instruction in emergency assignments and procedures, including 

coordination among crewmonbers; 

(ii) Individual instruction in the location, function, and operation of 

emergency equipment, includmg-^ 

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; 

ITERATIONS 

1 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 13 

m. Weight and balance; 

n. PerformaDce planning; and 

o. Airplane's checklist. 1 

5. CAF must develop and maintain a written qualification and recurrent flight training 

program for the appropriate airplane of the specific former U.S. military airplane (those 

listed in Condition No. 24) for its PIC!s that covers the areas of operations, tasks, and 

iterations as listed in the following table of training tasks. Each PIC must successfiilly 

accomplish this training before being assigned PIC responsibilities and duties. Each PIC 

must receive and successfully accomplish the following training and iterations of training 

within the previous 12 calendar months prior to serving in a PIC position in the 

appropriate airplane of the specific former U.S. military airplane (those listed in Condition 

No. 24) for CAF: 

REQUIRED TRAINING TASKS 

a. Prefligbt Preparation 

(i) Aircraft exam (oral or written) 

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

b. Ground Operations 

(i) Preflight inspection 

(ii) Cockpit resource management 

(iii) Powerplant start procedures 

(iv) Taxiing 

(v) Pre-takeoff checks 

c, Takeoffs & Departures 

(i) Normal & crosswind takeoffs 

(ii) Powerplant failure 

(iii) Rejected takeoffs 

d. Inflight Maneuvers 

(i) Steep turns 

(li) Approach to stalls 

fiii) Powerplant failure 

(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 

1 (iv) Landing ftom a no flap or a nonstandard flap approach 

f. Normal & Abnormal Procedures 

Ci) Powerplant 

(ii) Fuel system 

ITERATIONS 

1 

1 

1 

4 

4 

4 

4 

4 

4 

3 

3 wititin the previous 90 days 

3 

3 

4 

4 

4 

4 

4 

3 

3 within the previous 90 days 

3 

3 

3 

3 

3 

3 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 14 

(iii) Electrical system 

(iv) Hydraulic system 

(v) Environmental & pressurization system (as appropriate and 

if equipped) 

(\i) Fire detection & extinguishing system 

(vii) Navigation & avionics system yvMXj A^avMiya.tj.\^j.M. %Kt> <M.TXVAAXVIJ ojjv^gjj . 

(viii) Automatic flight control system, electronic flight 

instrument system, & related systems (as ^propriate and if 

equipped) 

(ix) Flight Control System 

(x) Anti'ice & de-ice System 

(xi) Aircraft & personal emergency equipment 

g. Emergency Procedures 

(i) Inflight fire & smoke removal 

(ii) Rapid decompression (as appropriate and if equipped with 

a pressurization system) 

(iii) Emergency descent 

(iv) Ditching 

(v) Emergency Evacuation 

h. Postflifiht Procedines 

(i) After landing procedures 

(ii) Parking and securing air 

6. CAF must develop and maintEiin a written qualification and recunent flight training 

program for the q)propriate airplane of tiie specific former U,S. military airplane (those 

listed in Condition No, 24) for its SICs that covers the areas of operations, tasks, and 

iterations as listed in the following table of training tasks. Each SIC must successfully 

accomplish this training before being assigned SIC reqjonsibilities and duties. Each SIC 

must receive and successfully accomplish the following training and iterations of training 

within the previous 12 calendar months prior to serving in an SIC position in the 

appropriate airplane of the specific former U.S. military airplane (tiiose listed in Condition 

No. 24) 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 takeoff and three landings to a fiill stop as the sole 

manipulator of flie flight controls. 

e. Engine-out procedures and maneuvering with an engine out 

while executing the duties of PIC. 

ITERATIONS 

1 

1 

1 

3 in the previous 90 days 

1 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 15 

f. Crew resource management trainii^. 

g. Familiarization with the airCTaft flight manual, placards, and 

markings. 

1 

1 

Each PIC must successfully accomplish a proficiency practical test upon completion of the 

initial qualification training program and upon completion of the recurrent training program 

(every 12 calendar months after completion of the initial and recurrent qualification 

training program). The proficiency practical test must cover the areas of operations and 

tasks listed below in tiie following "REQUIRED TESTING TASKS" table. Each PIC must 

be found competent and proficient by the Lubbock Flight Standards District Ofifice (FSDO) 

(ASW FSDO 13) (or by a procedure tiiat has been approved by the ASW FSDO 13) on 

those areas of operation and tasks before being assigned PIC duties and responsibilities in 

the appropriate airplane of the specific former U.S. military airplane (those hsted in 

Condition No, 24) for CAF: 

REQUIRED TESTING TASKS ITERATIONS 

a. Prefligbt Preparation 

(i) Aircraft exam (oral or written) 

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

b. Ground Operations_ 

(i) Preflight inspection 

(ii) Cockpit resource management 

(iii) Powerplant start procedures 

(iv) Taxiing 

(v) Pre-takeoff checks 

c. Takeoffe & Departures 

(i) Normal & crosswind takeoffs 

(ii) Powerplant failure 

(iii) Rejected takeoffs 

d. Inflight Maneuvers 

(i) Steep turns 

(ii) Approach to stalls 

(iii) Powerplant failure 

(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 

(iv) Landing fioro a no flap or a nonstandard flap approach 

f. Normal & Abnormal Procedures 

(i) Powerplant 

(ii) Fuel system 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 16 

(iii) Electrical system 

(iv) Hydraulic system 

(v) Environmental & pressurization system (as appropriate and if equipped) 

(vi) Fire detection & extingmshing system 

(vii) Navigation & avionics system 

(viii) Automatic flight control system, electronic flight instrument system, 

A related systems (as appropriate and if equipped) 

(ix) Flight Control System 

(x) Anti-ice & de-ice System 

(xi) Aircraft & personal emergency equipment 

g. Emergency Procedures 

(i) Inflight fire & smoke removal 

(ii) Rapid decompression (as appropriate and if equipped with a 

pressurization system) 

(iii) Emergency descent 

(iv) Ditching 

(v) Emergency Evacuation 

h. Postflight Procedures 

(i) After landing procedures 

(ii) Parking and securing aircraft 

8. Bach SIC must accomplish a proficiency practical test upon completion of the initial 

qualification trainmg program and upon completion of the recunent training program 

(every 12 calendar months after completion of the initial and recurrent qualification 

training program). The proficiency practical test must cover the areas of operations and 

tasks listed in die following "REQUIRED TESTING TASKS" table. Each SIC must be 

found competent and proficient by the ASW FSDO 13 (or by a procedure that has been 

approved by the ASW FSDO 13) on those areas of operation and tasks before being 

assigned SIC duties and responsibilities in the appropriate airplane of the specific former 

U.S. militaiy airplane (those listed in Condition No. 24) for CAF: 

1 REQUIRED TESTING TASKS 

a Operational procedures applicable to the powerplant, equipment, and 

systems. 

b. Performance specifications and limitations. 

c. Normal, abnormal, and emergency operating procedures. 

1 d. Three takeoffs and three landings to a full stop as the sole manipulator of 

the flight controls. 

1 e. Engine-out procedures and maneuvering with an engine out while executing 

tiic duties of PIC 

f Crew resource management training. 

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

ITERATIONS 

1 

1 

1 

1 1 

1 

1 

1 1 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 17 

9. 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 FAA's Lubbock FSDO SWl 3. 

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 sessioii of ground and flight training given. 

d. The amount of time of each session of ground and flighttesting given. 

e. Location v/hece 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 in. 

h. The airplane identification number in which each flight testing session was received in. 

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. Tliat pilot's 

signature will serve as an verification of having received each session of training. 

1. The signature and printed name of the pilot who received the training. That pilot's 

signature will serve as an verification of having received each session of testing. 

10. When requested, tiie CAF's PIC and SIC qualification and recurrent ground- and 

flight-training programs and/or records listed in Condition Nos. 4, 5,6, and 9, must be 

made available to the Lubbock Flight Standards District Office (ASW FSDO 13), mail 

address: Route 3, Box 51; Lubbock Inteznational Airport, South End, Old Terminal 

Building, Lubbock, TX 79401-9712; (806) 740-3800. 

11. CAF roust 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. 

12. 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 

airplanes imder tiie terms of this exemption; 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 18 

10 

b. Copies of each PIC's and SICs pilot certificate, medical certificate, qualifications, and 

initial and recurrent training and testing documentation to comply with (Condition 

Nos. 2,3,7,8, and 9; and 

c. Records of maintenance performed and maintenance inspection records to comply with 

Condition No. 1. 

13. CAF shaU notify ASW FSDO 13 within 24 hours of any of the following occurrences by 

written report, by electronic mail, or by fiacshnile: 

a. Each in flight fire in at^y system or area that requires activation of any fire suppression 

system or discharge of a portable fire extinguisher. 

b. Each exhaust system comporient fkilure, including the tuibocharger components, that 

causes damage to any engine, structure, cowlings or components. 

c. Each airplane component or system that causes, during flight, accumulation or 

circulation of noxious ftimes, smoke, or vapor in any portion of the cabin or crew area. 

d. Except for traiiung, each occurrence of engine shutdown or propeller feathering and the 

reason for such shutdown or feathering. 

e. Each fiiilure of the propeller govemmg 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 malfimction of the wheel brake systems that cause 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 tiie course of any flight. 

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. 

14, Before permitting a person to be carried on board its airplane for the purposes authorized 

under this exemption, CAF will inform that person that its airplanes bold only a limited 

airworthiness certificate; the significance of the airworthiness certificate as compared to a 
02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 19 

11 

Standard airworthiness certificate; and that the FAA has authorized this flight under a 

grant of exemption fixMn the requirements of §§ 91.315,91.319(a), 119.5(g), and 

11921(a). TTie explanation of tiie significance of a limited airworthiness certificate and 

experimental aiiwartbiness certificate compared to a standard airworthiness certificate 

must include at least the following infoimation: 

a. The FAA has not established nor has it approved limited category airworthiness 

certificated aircraft manufacturing standards. In contrast, standard category 

airworthiness certificated ahxraft are manufactured to FAA-approved standards, 

including standards addressing the design of the aircraft and Ufe-limited parts. 

b. Limited category airworthiness certificated aircraft 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 conditiorL 

c. An aircraft may be issued an experimental airworthiness certificate vrixen the— 

(i) Builder of the airplane submits a statement that sets forth the purpose for which the 

aircraft is to be used; 

(ii) Builder of the airplane submits enough data to identu^ the aircraft; 

(iii) Builder of tiie airplane subnuts information found necessary to safeguard the 

pubHc; and 

(iv) FAA finds the fabrication and assembling of the airplane complies with acceptable 

aeronautical standards and practices. 

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. All flight operations must be conducted— 

a. At a minimum operating altitude of not less than 1,000 feet above ground level (AGL); 
j 02/22/2010 13:09 2022675075 OFFICE OF RULEMAKING PAGE 20 

, 12 

b. Between the hours of official sunrise and sunset, as established in the American Air 

Almanac, as converted to local time; 

c. With a minimum flight visibility of not less than 5 stamtc miles; 

d. With a minimum ceiling of not less than 2,000 fiset AGL; 

e. Within a 50-nautical mile radius of the departure airport with landing only permitted at 

that departure airport; and 

f. At an airport that has a fire station or fire-fighting services available or within close 

proximity of tiie airport. 

I 

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

deck of the airplane during fli^t operations. 

17. Except for essential crewmembers, 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 airplane. 

18. Except for an emergency locator transmitter, CAF's airplanes (those listed in Condition 

No. 24) miist have the equipment listed in § 91.205(b) and that equipment must be in an 

operable condition diiring tiie flight. 

19. If the airplane is to be operated over water and beyond the power^off gliding distance 

from shore, CAF's airplanes (those listed in Condition No. 24) must have the equipment 

listed in § 91.205(bX12) and that equipment must be in an operable condition during the 

flight. 

20. 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 

§§ 509(aXl) and 170(b)(l)(A)(vi) of flie Internal Revenue Code. 

21. CAF must notify ASW FSDO 13 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, CAP 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.