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April 23, 2014 Exemption No. 10517B Regulatory

Docket No. FAA

- 2009

- 1169 Mr. Kermit Weeks President World’s Greatest Aircraft Collection 1400 Broadway

Boulevard SE

. Polk City , FL 33686 Dear Mr. Weeks : This letter is to inform you that we have granted your petition to extend Exemption No. 10517

. Itexplains the basis for our decision , describes its effect, and lists the conditions and limitations. **The Basis for Our Decision**  By letter dated February

19 , 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf of World’s Greatest Aircraft Collection, Inc. ( WGAC ) for an extension of Exemption No. 10517, as amended

. That exemption from §§ 91.315, 119 .5(g), and 119.21 of Title 14, Code of Federal Regulations allows WGAC to operate i ts P

- 51D (N921 Serial No. 45

- 115 07) for the purpose of carrying passengers on local flights for educational and historical purposes for compensation or hire

. Inyour petiti on, 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 the exemption would not set a precedent, and any

delay in acting on this petition would be detrimental to WGAC

. **Our Decision** The FAA has modified the conditions and limitations of Exempti on No. 10517A as follows:2

 Li mitation 1 was changed to include the aircraft’s serial number.

 Li mitation 2 was changed to include more detailed references to the applicable civil and military

operational, maintenance, and inspection guidance applicable to the aircraft, to include a reference to the current applicable limited ty pe certificate (LTC

11)

.

 A note was added to L imitation 4 and Limitation 5 to provide for a pr ocess should any conflict arises between the limitations in the applicable technical guidance and the FAA

- issued operating limitations.

 A change was made to Limitation 5 Required Training Tasks table, tasks (c) (ii) and (d) (iii) because, as previously drafted, it may

lead the reader to the incorrect impression that an actual shutdown of a powerplant was required. This clarification is necessary to be consistent with the term “simulated powerplant failure” used in task (e) (ii) Landings and Approaches to Landings.

 Li mitation 14 (e) was expanded to clarify that o perators utilizing airc raft certificated in the limited category

are not bound by

the restriction regarding the avoidance of densely populated areas or congested airway s.

 Li mitation 2 7 was added to clarify that this exemption is not valid for operations outside of the United St ates. The FAA will be making these changes to all LHFE (Living History Flight Experience ) exemption as they

are amended or extended. Please note that the conditions and limitations included with an exemption are not 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 due to the fact that the proposed operation is, by its need for an exemption, outside the normal regulatory structure. The FAA has determined that the justification for the issuance of Exemption No. 10517 , as amended, remains valid 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 d elegated to me, I grant WGAC relief from sections §§ 91.315, 119.5(g), and 119.21 (a) of Title 14, Code of Federal Regulations (14 CFR) to allow WGAC to operate a North American P

- 51D (N 921, Serial No. 4 5

- 11507 ) for the purpose of carrying passengers on lo cal educational and historical flights for compensation or hire.

**Conditions and Limitations** 1. This exemption applies only to the following airplane : North American P

- 51, N921 , Serial No. 45

- 11507

.3

2. The exemption holder must maintain its l imited c ategory ai rplane in accordance with the:
a. Maintenance requirements as specified in the P

- 51 li mited ty pe specification sheet L imited Ty

pe certificate LTC

- 11, as amended ; b. FAA

- approved maintenance inspection program that meets the requirements of § 91.409 (e) , (f)(4), and (g) ; and
c. Most current military

technical manuals for airframe, powerplant, and systems used operationally

by the US military

and/or the technical guidance provided under the Military Assistance Program (MAP) , as appropriate

. 3. The pilot in comman d ( PI C ) for the P

- 51 must:
a. Hold at least a commercial pilot certificate with an airplane s ingle

- engine land rating, an airplane instrument rating, and the aircraft authorization; b. Have completed within the previous 12 calendar months, the exemption holder's PI C qualification and recurrent flight and ground training program in the airplane for which PI C privileges are sought;
c. Have completed within the previous 12 calendar months, the exemption holder's PI C proficiency

check in the airplane for which PI C privi leges are sought; d. Have at least a total of 2,500 hours of aeronautical flight experience, 1,000 hours of aeronauti cal flight experience in single

- engine land airplanes, and 25 hours in the airplane; 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 airplane; and
e. Have accomplished within the previous 90 day s, three takeoffs and three landings to a full stop in the airplane for which PI C privileges are sought. For initial PI C qualification in the specific airplane or if the pilot has allowed his/her takeoff and landing currency

to lapse in the airplane , the takeoff and landing currency may not be accompl ished during passenger

- carrying operations. 4. The exemption holder must develop and maintain written P

- 51 qualification and recurrent ground training programs for its PI Cs in the P

- 51 that cover the training subjects listed below. Each PI C in the P

- 51 must receive the following training within the previous 12 calendar months and be found to be competent and knowledgeable in these areas prior to serving in a PI C position in the P

- 51: REQUIRED TRAI

NI NG TASKS a. General information and description of the airp lane; b. Airplane limitations; c. Airplane servicing; d. Airspeeds; e. Fuel sy stem; f. Electrical sy stem;4

g. Hydraulic sy stem; h. Engines; i. Instruments and avionics; j. L anding gear, brakes, controls, and flaps sy stems; k. Propeller; l. Emerge ncy

procedures, including: (i) Instruction in emergency 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 extinguishers, with emphasis on the ty pe 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 smok e control procedures with emphasis on electrical equipment and related circuit breakers found in cabin areas; and B. I llness, injury , or other abnormal situations involving passengers or crewmembers; m. Weight and balance; n. Performance planning; o. Ai rplane's checklist; and p. Differences in ty

pe. Note: All limitations in the applicable technical guidance (i.e., FAA flight manual limitations) must be adhered to. I f any conflict arises between the limitations in the applicable technical guidance and the FAA

- issued operating limitations, the FSDO must mist be contacted for additional guidance. 5. WGAC must develop and maintain a written P

- 51 qualification and recurrent flight training program for its PI C in the P

- 51 that covers the areas of operations and tasks, as listed in the following table of training tasks. Each PI C in the P

- 51 must successfully accomplish this training before being assigned PI C responsibilities and duties. Each PI C in the P

- 51 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 PI C position in the P

- 51 for the exemption holder: REQUIRED TRAI

NI NG TASKS a. Preflight Preparation, including: (i) Airplan e exam (oral or written); and (ii) Airplane performance & limitations (oral or written). b. Ground Operations, including: (i) Preflight inspection; (ii) Cockpit resource management;5

(iii) Powerplant start procedures; (iv) Taxiing; and (v) Pre

- takeoff chec ks. c. Takeoffs & Departures, including: (i) Normal & crosswind takeoffs; (ii) Powerplant failure; and (iii) Rejected takeoffs. d. In - flight Maneuvers, including: (i) Steep turns; (ii) Approach to stalls; (iii) Powerplant failure; and (iv) Specific f

light characteristics. e. Landings & Approaches to Landing, including: (i) Normal & crosswind approaches & landing; (ii) Power off landings; (iii) Rejected landing; and (iv) L anding from a no flap or a nonstandard flap approach. f. Normal & Abnormal Proc edures, including: (i) Powerplant; (ii) Fuel sy stem; (iii) Electrical sy stem; (iv) Hydraulic sy stem; (v) Environmental & pressurization sy stem (as appropriate and if equipped); (vi) Fire detection & extinguishing sy stem; (vii) Navigation & avionics sy stem; (viii) Automatic flight control sy stem, electronic flight instrument system, & related

sy stems (as appropriate and if equipped); (ix) Flight control sy stem; (x) Anti

- ice & de

- ice sy stem; and (xi) Airplane & personal emergency equipment. g. Emergency

Pro cedures, 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. I f any conflict arises between the limitations in the6

applicable tec hnical guidance and the FAA

- issued operating limitations, the FSDO mist be contacted for additional guidance 6. The exemption holder may not use a pilot nor may

any pilot serve as a pilot in any airplane 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 airplane to determine the pilot's competence in practical skills and techniques in the appropriate airplane. The competency check will co nsist of the appropriate maneuvers and procedures currently required for the original issuance of the commercial pilot certificate. The FAA's local jurisdictional Flight Standards District Office (FSDO) where the aircraft is permanently

based will determi ne 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 airplane. 7. 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 may be substituted for recurrent flight train ing. 8. The exemption holder 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 local jurisdictional FSDO where the aircraft is permanently based. 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 session of ground and flight training given; d. The amount of time of each session of ground and flight testing given;
e. Lo cation where each session of groun d and flight training was given; f. Lo cation where each session of ground and flight testing was given; g. The airplane identification number in which each flight training session was received; h. The airplane identification numb er in which each flight testing session was received; 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 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 r eceived each session of testing.7

9. When requested, the exemption holder’s pilot qualification and recurrent ground

- and flight

- training programs and/or records listed in conditions above must be made available to the FAA's local jurisdictiona l FSDO where the aircraft is permanently based. 10. The exemption holder 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 insp ections and repairs. 11. The exemption holder 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 the exemption holder authorizes to conduct flight op erations in its airplane under the terms of this exemption; b. Copies of each PI C's pilot certificate, medical certificate, qualifications, and initial and recurrent training and testing documentation to comply with the conditions listed above; and
c. Records of maintenance performed and maintenance inspection records to comply with the conditions above, as appropriate. Maintenance and inspection records must meet the requirements of §§ 43.9, 43.11 , and 91.405

. 12. Before permitting a person to be carried on board it s airplane for the purposes authorized under this exemption, the exemption holder will inform that person that its airplane hold s only a limited airworthiness certificate; the significance of the airworthiness certificate as compared to a standard airworth iness 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 a limited airworthiness certificate compared to a standar d airworthiness certificate must include at least the following information:
a. The FAA has not established nor has it approved limited category airworthiness certificated airplane manufacturing standards. In contrast, standard category airworthiness certifi cated airplanes are manufactured to FAA

- approved standards, including standards addressing the design of the airplane and life

- limited parts; b. Li mited category

airworthiness certificated airplanes are issued when the FAA finds the airplane

— i. Has been previo usly

issued a limited category ty pe certificate and the airplane conforms to that ty

pe certificate; and ii. To be in a good state of preservation and repair and is in a safe operating condition;
c. Standard category

airworthiness certificates are issued for an airplane when the FAA finds the

— i. Airplane has been built and maintained in accordance with that airplane's ty pe certification standards as established by the FAA; and8 ii. Airplane's inspection and maintenance requirements are in compliance with the applicabl e Federal Aviation Regulations. 13. The exemption holder must notify the FAA's local jurisdictional FSDO where the aircraft is permanently

based within 24 hours of any of the following occurrences by written report, by electronic mail, or by

facsimile:
a. Each in

- flight fire in any sy stem or area that requires activation of any fire suppression sy stem or discharge of a portable fire extinguisher; b. Each exhaust sy stem component failure including the turbocharger components that causes damage to any

engine, structure , cowling, or components;
c. Each airplane component or sy stem 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 or prope ller feathering and the reason for such shutdown or feathering;
e. Each failure of the propeller governin g sy stems or feathering sy stems; f. Any landing gear sy stem or component failures or malfunctions, which require use of emergen cy

or standby

extension sy stem s; g. Each failure or malfunction of the wheel brake sy stems 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 m ethod of repair; i. Each failure or malfunction of the fuel sy stem, tanks, pumps, or valves; j. Each malfunction, failure, or defect in any sy stem or component that requires taking emergency

action of any

ty pe during the course of any flight; and k. For the p urpose of this section, “ during flight ” means the peri od from the moment the airplane leaves the 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 o f 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 l ess than 3 statute miles and a minimum ceiling of not less than 1,500 feet AGL ; e. For p assenger - carrying operations for compensation of distances greater than 25 statute miles of the departure airport up to 50 statute miles must have concurrence of9

the FAA F SDO having geographic responsibility for the aviation event. For such flights, landings are only

per mitted at the departure airport. Those operators utilizing aircraft certificated in the limited category are not bound by

the restriction regarding the avo idance of densely

populated areas or congested airway s ; f. For passenger

- carrying flights greater than 25 statute miles from the departure airport and up to 50 statute miles, the PI C 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 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 discriminators such as probability (PROB), becoming (BECOMG) , or temporarily (TEMPO) shall be limiting; and g. The airplane may

only be operated from an airport that has a f ire station or fire

fighting services available or within close proximity of the airport. 15. No persons other than the assigned flight crewmembers may be permitted on the pilot station of the airplane during flight operations. 16. All flight operations must carr y 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

. 17. WGAC’s P

- 51 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. WGAC 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. WGAC must notify

the FAA's local jurisdictional FSDO where the aircraft is permanently based at least 5 working day s (Monday s through Friday s) before conducting any PI C initial or recurrent qualification training and any PI C initial or recur

rent 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, the exemption holder must notify the jurisdictional FAA FS DO where it intends to conduct the flight operations and shall provide a copy of this exemption to that jurisdictional FAA FSDO. 21. This grant of exemption pertains to the operation of the WGAC North American P

- 51 , N9 21 , certificated in the limited category

. 22. The PI C is prohibited from performing aerobatic flight while passengers are onboard the aircraft. 23. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., formation flying) is prohibited.10

24. Prior to flight, the PI C must e nsure that a passenger briefing meeting the scope and content of § 135.117 has been provided to the passenger(s). 25. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls during flight operations. 26. WGAC must d evelop a continuous analy sis 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. 27. This exemption is not valid for operatio ns 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 yo ur exemption, as amended.
**The Effect of Our Decision** Our decision ext ends the termination date of Exemption No. 10517 , as amended, to May 31, 2016, unless sooner superseded or rescinded. Sincerely ,

//s// John Barbagallo Acting Deputy

Director, Flight Standards Service