AFS

- 1 6

- 5051

- E

March 9 , 2016

Exemption No. 10012 D Regulatory Docket No. FAA

- 20 01

- 11090

Mr. John E. Gillick, Esq. Counsel for Army Aviation Heritage Foundation
Zuckert Scoutt & Rasenber ger, LLP
888 Seventeenth Street , NW , Suite 700 Washington, DC 20006

Dear Mr. Gillick :

This letter is to inform you that we have granted your petition to extend and has amended Exemption No. 10012, as amended. It explains the basis for our decision, des cribes its effect,
and lists its revised conditions and limitations.

T h e Basis f

or O u r D ec is i on

B y letter d a ted November 2 5 , 201 5

, y ou p e t i t i on e d the F e d e r a l Aviation Adm i nis t r a t i on ( F A A ) on be h a lf of A r my Avi a t i on H e rita g e F ound a t i on ( A A HF ) for a n exten sion t o E x e mp t i o n No. 10012 as amended . Th a t e x e mp t ion f r om §§ 91.319, 119.5 ( g ), a nd 119.25 ( b)
of Title 14, Code of F e d e r a l R e g ulations ( 14 C F R) a l l ow s A A HF to ope ra te its B e ll U H

- 1 a nd

B e ll A H

- 1 a ir c r a ft f

or the pu r pose of ca r r y ing p a ssen g e rs f or c ompens a t i on or hire on loc a l

fli g hts for e du ca t i on a l and histo r ic a l purpos e s . Additionally, t he FAA has amende d

E xemption No. 100 1 2

, to add § 91.9(a), which was inadvertently left from the list of applicable regulations subject to relief provided by this exempti on

.

I n y our pe t i t i on, y ou ind i ca te th a t t h e re h a s be e n no c h a n g e in t he c ondi t ions and rea sons

r e lative to publ i c in t e r e st and s a f e ty that w e re the b a sis f

or g r a nt i ng the o r i g inal e x e mp t ion.2

The F AA h a s det e rmin e d that g ood ca use e x is t s for not pub l ish i n g a summa r y of the p e t i t i on in t he Fe d e r a l R e g i s ter b eca use the re qu e sted extension t o the e x e mp t ion would not set a

p rece d e nt, and a ny d e lay in a c t i ng on th i s petition would be d e triment a l t o AAH F

.

Our Decision

Please note that the conditions and limitat ions included with an exemption may not be based on specific regulations, but are the FAA’s means of ensuring an equivalent level of safety. This may necessitate limitations that go beyond the established regulations because the proposed operation is, by i ts 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.

The FAA has amended the exemption to add 14 CFR § 91.9(a), which was inadvertently left from the list of applicable regulations subject to relief provided by this exemption. Although the petitioner has requested relief from 14 CFR §§ 91.319(a)(2)

, 119.5(g), and

119.2 5 ( b ) to operate certain aircraft for the purpose of carrying passengers for compensation or hire on Living History Flight Experience Exemptions ( LHFE ) flights, the

FAA has determined that certain condition s and limitations may preclude AAHF from conducting operations pursuant to this exemption. Those conditions and limitations are prescribed as part of the special airworthiness certificate issued for experimental or limited category aircraft. Adherence to those conditions and limitati ons is required by pertinent parts of 14 CFR § 91.9(a) which prescribe that:

“No person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, o r as otherwise prescribed by the certificating authority of the country of registry.”

Generally, the FAA issues a limitation that states that no person may operate the aircraft carrying persons or property for compensation or hire (see aircraft

- specific o perating limitations). This one limitation issued with the airworthiness certificate is the only limitation which the exemption from § 91.9 (a) is applied to. Therefore, the FAA finds that

it is appropriate to exempt the AAHF from § 91.9(a) to the extent n ecessary to conduct operations pursuant to this exemption.

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

100 1 2C . Unlike aircraft carrying standard airworthiness certificates, experimental aircraft are issued operatin g limitations exclusive to their respective hull serial numbers (s/n)

. Condition/ Limitation No. 1 was changed by adding the reference to each aircraft and their respective serial numbers. The FAA will be making this change to all LHFE exemptions as they ar e amended or extended.3

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 P olicy ” ). [FR Doc. 2015

- 17966

Filed 7

- 20

- 2015]. The FAA notes the petitioner’s addition of an appendix “D” to its petition containing a s afety and r isk management document, and the addition of a responsible party

. These few items note an enhanced commitment towards safety

, and are some, but not all

, of the required elements specified in t he FAA P olicy.

T he FAA has determined that this FAA P olicy will require substantial efforts on the part of existing LHFE holders and the FAA

. A s 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 FAAP olicy. Afte r July 31, 2017 all LHFE petitioners must be able to demonstrate existence of the requirements stated

within the FAA P olicy for consideration of renewal, additions, or new entry.

The F AA h a s det e rmin e d that the justific a t i on f o r the is s u a n c e of E x e mp t ion No. 10012

r e mains v a l i d with r e spe c t t o th i s e x e mp t ion and is in the public inte re st. The re fo re , und e r the a uthority pro v ided by 49 U.S. C . §§ 106(f), 40113, a nd 44701, whi c h the F AA

Admin i str a tor h a s del e g a t e d to m e , I g r a nt A r my Avi a t i on H e rita g e F ound a t i on’s (AAHV) an extension of its exemption from §§ 91.319, 119.5 ( g ), a nd 119.25 ( b) of Title 14, Code of Federal Regulations (14 CFR) to ope ra te B e ll U H

- 1 a nd B e ll A H

- 1 a ir c r a ft f or the pu rpose of ca r r y ing p a ssen g e rs f

or c ompens a t i on or hire on loc a l fli g ht s for e du ca t i on a l and

histo r ic a l purpos e s , subj ec t t o the f ol l owing c on d i t ions and lim i tations.

Conditions and Limitations

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

a. Bell UH

- 1, N104HF

, s/n 68

- 16104 ;

b. Bell UH

- 1, N354HF , s/n 69

- 15354 ;

c. Bell UH

- 1, N426HF , s/n 7016426 ;

d. Bell UH

- 1, N624HF , s/n 66

- 16624 ;

e. Bell AH

- 1, N826 HF , s/n 67

- 15826 ;

f. Bell AH

- 1, N766 HF , s/n 67

- 15766 ;

g. Bell AH

- 1, N998HF , s/n 71

- 20998 ;

h. Bell AH

- 1, N589HF , s/n 67

- 15589 ;

i. Bell AH

- 1, N233LE , s/n 79

- 23233 ; and

j. Bell AH

- 1, N830HF , s/n 66

- 152 83

.4

2. A pilot that is qualified in both the Bell UH

- 1 and Bell AH

- 1 aircraft must maintain all applicable training and cu rrency in each specific aircraft prior to carrying passengers for compensation or hire in accordance with this exemption.

3. AAHF must main tain its Bell UH

- 1 and Bell AH

- 1 in accordance with the:

a. Maintenance requirements as specified in its Bell UH

- 1 and Bell AH

- 1 operating limitations, as amended;

b. FAA

- approved maintenance inspection program that meets the requirements of

§ 91.409(a) and (b) , and

c. Bell UH

- 1 and Bell AH

- 1 military technical manuals

.

4. The pilot in command (PIC) for the Bell UH

- 1 and Bell AH

- 1 must:

a. Hold at least a commercial pilot certificate with a rotorcraft helicopter rating;

b. Have completed within the previous 12 calendar mon ths, AAHF's PIC qualification and recurrent flight and ground training program in the Bell UH

- 1 and/or Bell AH

- 1;

c. Have completed within the previous 12 calendar months, AAHF's PIC proficiency
check in the Bell UH

- 1 and/or Bell AH

- 1;

d. Have at least a total o f:

i. 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical flight experience in helicopters, and 25 hours in the Bell UH

- 1 and/or Bell

AH

- 1,

ii. 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in h elicopters, and 100 hours and 50 takeoffs and 50 landings in the
Bell UH

- 1 and/or Bell AH

- 1.

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the Bell UH

- 1 and/or Bell AH

- 1. For initial PIC qualification in the Bell

UH

- 1 and/or Bell AH

- 1or if the pilot has allowed his/her takeoff and landing currency to lapse in the Bell UH

- 1 and/or Bell AH

- 1, the takeoff and landing currency may not be accomplished during passenger

- carrying operations.

5. AAHF must develop an d maintain a written Bell UH

- 1 and Bell AH

- 1 qualification and recurrent ground training program for its PIC in the Bell UH

- 1 and Bell AH

- 1 that covers the training subjects listed below. Each PIC in the Bell UH

- 1 and Bell AH

- 1must receive the following t raining 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 Bell UH

- 1
and Bell AH

- 1:

REQUIRED TRAINING TASKS5

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. Engine

i. Instruments and avionics j. Flight control system

k. Rotors l. Emergency procedures, including (i) Instruction in e mergency assignments and procedures, including coordination among
crewmembers (ii) Individual instruction in the location, function, and operation of emergency equipment, including A. First aid equipment and its proper use; and B. Portable fire extinguis hers, 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 eq uipment and related circuit breakers found in cabin areas; and B. Illness, injury, or other abnormal situations involving passengers or crewmembers m. Weight and balance n. Performance planning o. Airplane's checklist p. Differences in type

6. AAHF must develop and maintain a written Bell UH

- 1 and Bell AH

- 1qualification and recurrent flight training program for its PIC in the Bell UH

- 1 and Bell AH

- 1 that covers the areas of operations and tasks, as listed in the following table of training tasks. Each

P IC in the Bell UH

- 1 and Bell AH

- 1 must successfully accomplish this training before being assigned PIC responsibilities and duties. Each PIC in the Bell UH

- 1 and Bell AH

- 1 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 Bell UH

- 1 or Bell AH

- 1:

REQUIRED TRAINING TASKS: a. Preflight Preparation (i) Aircraft exam (oral or written) (ii) Aircraft performa nce & limitations (oral or written) b. Ground Operations (i) Preflight inspection6

(ii) Cockpit resource management (iii) Powerplant start procedures (iv) Hover Taxiing (v) Pre

- takeoff checks c. Takeoffs & Departures (i) Normal & crosswind takeoffs (ii) Powerplant failure (iii) Rejected takeoffs

d. In

- flight Maneuvers (i) Steep turns (ii) Powerplant failure (iii) Specific flight characteristics e. Landings & Approaches to Landing (i) Normal & crosswind approaches & landing (ii) Steep Approaches (ii i) Rejected landing (iv) Autorotations

f. Normal & Abnormal Procedures (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) Anti

- ice & de

- ice System (xi) Aircraft & personal emergency equipme nt g. Emergency Procedures (i) In

- flight fire & smoke removal (ii) Emergency descent (iii) Ditching (iv) Emergency Evacuation h. Post flight Procedures (i) After landing procedures (ii) Parking and securing aircraft

7. AAHF may not use a pilot nor may a ny 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 competenc e in practical skills and techniques in the appropriate aircraft. The competency check will consist of the appropriate maneuvers and procedures7

currently required for the original issuance of the commercial pilot certificate. The FAA's Atlanta Flight Sta ndards District Office (FSDO) will determine what maneuvers and procedures are critical, such as preflight preparation, ground operations, takeoffs and departures, and normal procedures, etc., and maneuvers and procedures that may be unsafe for a particula r aircraft.

8. Recurrent flight training for pilots must include, at least, flight training in the maneuvers and procedures in this exemption. However, satisfactory completion of the check required by this exemption within the preceding 12 calendar months m ay be substituted for recurrent flight training.

9. AAHF 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 Atlanta FSDO. That
documentation and records must contain the following information:

a. Date of e ach training session;

b. Date of each testing session;

c. The amount of time of each session of g round and flight training given;

d. The amount of time of each session of ground and flight testing given;

e. Location where each se ssion of ground and flight training was given;

f. Location where each session of grou nd and flight testing was given;

g. The aircraft identification number in which each fligh t training session was received;

h. The aircraft identification number in which each flig h t testing session was received;

i. The name and certificate number of the pilot who pr ovided each session of training;

j. The name and certificate number of the pilot who p rovided each session of testing;

k. The signature and printed name of the pilot who received the training. That pilot's signature will serve as a verification of having re ceived each session of training; and

l. The signature and printed name of the pilot who received the testing. That pilot's signature will serve as a verification of having receive d each session of testing.

9. When requested, the AAHF's pilot qualification and recurrent ground

- and flight

- training programs and/or records listed in these C onditions /L imitations must be made available to the Atlanta FSDO, 1701 Columbia Avenue, College Pa rk, GA 30336, ( 404 ) 305

- 7200.

10. AAHF 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.8

11. AAHF wi ll 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 AAHF authorizes to conduct flight operations in its aircraft under the terms of this exemption;

b. Copies of each PIC's and second in commands (SIC's) pilot certificate, medical certificate, qualifications, and initial and recurrent training and testing documentation to comply with the conditions and limitations of this exemption; and

c. Records of mainten ance performed and maintenance inspection records to comply with the conditions and limitations in this exemption, as appropriate. Maintenance and inspection records must meet the requirements of §§ 91.405, 43.9, and 43.11.

12. Before permitting a person to b e carried on board its aircraft for the purposes authorized under this exemption, AAHF will inform that person that its aircraft hold only an experimental airworthiness certificate

, the significance of the airworthiness certificate as compared to a standar d airworthiness certificate

, and that the FAA has authorized this flight under a grant of exemption from the requirements of §§ 91.315, 91.319, 119.5(g), and 119.21(a). The explanation of the significance of an experimental airworthiness, compared to a st andard airworthiness certificate must include at least the following
information:

a. 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

c apabilities, performance, or unusual characteristics at airshows, motion picture, television, and similar productions and the maintenance of exhibition flight proficiency, including (for persons exhibiting the aircraft) flying to and from such
airshows and productions.

b. 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 i nspection and maintenance requirements are in compliance with the applicable Federal Aviation Regulations.

13. AAHF must notify the Atlanta FSDO within 24 hours of any of the following occurrences by written report, by electronic mail, or by facsimile:

a. Each i n

- flight fire in any system or area that requires activation of any fire suppression system or discharge of a portable fire extinguisher;

b. Each exhaust system component failure that causes damage to any engine, st ructure, cowling, or components;9

c. Each airpla ne component or system that causes, during flight, accumulation or circulation of noxious fumes, smoke, or vapor in any po rtion of the cabin or crew

area;

d. Except for training, each occurrence of engine shutdown and the reason for such
shutdown or featherin g;

e. Any landing gear system or component f ailures or malfunctions;

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

corr osion, and the method of repair;

g. Each failure or malfunction, of the fuel system, tanks, pumps, or valve s;

h. Each malfunction, failure, or defect in any system or component that requires taking emergency action of any type during the course of any flight; or

i. For the purpose of this section, "during flight" means the period from the moment
the aircraft leaves t he surface of the earth on takeoff until it touches down on landing.

14. 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 establ ished 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 flig ht visibility of not less than 3 statute miles and a minimum

c eiling of not less than 1,500 feet AGL;

e. The landing zone ( LZ ) manager (who must be a certificated helicopter pilot) will continually monitor current and forecast weather conditions using FAA approved
sources and local observations to ensure that the actual and forecast weather remains above the requirement s of this paragraph;

f. Prior to conducting operations out of sight of the airport, the LZ Manager will identify and brief pilots as to the location of alternate landing sites to be used in the
event of unfor ecast weather conditions ;

g. Pilots conducting operations under the terms of this exemption will be required to land at the nearest alternate LZ or any suitable landing site if the weather
deteriorates below the minimu ms prescribed in this paragraph;

h. Passenge r

- 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. The10

operator must provide information pertaining to the proposed route of flight, which will avoid densely populated areas or congested airways in accordance with 14 CFR § 91.319(c) for aircraft certif icated 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;

i. For passenger

- carrying flights greater t han 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 statut e miles visibility and cloud ceilings no less than 2,000 feet AGL. Passenger

- carrying operations shall be terminated if ceiling and visibility become less than the minimum required by these conditions and limitations. Weather forecasts listing discrimina tors such as probability (PROB), becoming (BECOMG) or temporarily (TEMPO) shall be limiting; and

j. The aircraft may only be operated from an airport that has a fire station or fire

fighting services available or within close proximity of the airport.

15. No pe rsons other than the assigned flight crewmembers may be permitted on the pilot station of the aircraft during flight operations.

16. All operations must carry no more than the maximum number of passengers permitted by the airplane’s weight and balance limitat ions and number of approved seats in the airplane.

17. All aircraft must have the equipment listed in §§ 91.205(b) and 91.207, and that equipment must be in an operable condition during the flight.

18. AAHF must hold and continue to hold a determination from the U.S. Internal Revenue Service that it is a § 501(c)(3) nonprofit, tax

- exempt, charitable organization under §§ 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code.

19. AAHF must notify the Atlanta FSDO at least 5 working days (Mondays through F ridays) 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.

20. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, AAHF 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.

21. The PIC is prohibited from performing aerobatic flight while passengers are onboard the
aircraft.11

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

23. Prior to flight, the PIC must ensure that a passen ger briefing meeting the scope and content of § 135.117 has been provided to the passenger(s).

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

25. AAHF must develop a continuo us analysis and management program f or all aircraft subject to this exemption that ensures compliance with its inspection program, training program, and conditions and limitations of this exemption.

26. This exemption is not valid for operation outside the Un ited 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 this exemption.

The Effect of Our Decision

This exemption terminates on March 31, 201 8 unle ss sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy, Director, Flight Standards Service