AFS-15-642-E

June 26, 2015

 Exemption No. 10407B

 Regulatory Docket No. FAA-2011-1032

Mr. Noel Rude

President

Flying Fireman, Inc.

26117 34th Avenue East

Spanaway, WA 98387

Dear Mr. Rude:

This letter is to inform you that we have granted your petition to extend and amend Exemption

No. 10407, as amended. It explains the basis for our decision, describes its effect, and lists 

the revised conditions and limitations.

The Basis for Our Decision

By letter dated February 17, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Flying Fireman, Inc. (FF) for an extension and amendment to Exemption 

No. 10407, as amended. That exemption from §§ 91.313(a) and (e) of Title 14, Code of 

Federal Regulations (14 CFR) allows FF to operation of a restricted category aircraft in 

airshows or publicly recognized and Government/industry-sponsored events. Additionally, 

the extension allows FF to reposition N85U to and from airshows or publicly recognized and 

Government/industry-sponsored events over densely populated areas, in a congested airway, 

or near busy airports where passenger transport operations are conducted. 

The amendment you request will involve flying N85U from FF designated base of operations 

or contract base to select film locations. This event will consist of static display, filming 

inside the aircraft while on the ground and selected fly-by and landing to facilitate filming. 

Cameras may be placed in the aircraft to record flight activity; however the cameras will be 

fixed and only the essential crew will be on board the aircraft during flight. 

The petitioner requires relief from the following regulation[s]:

Section 91.313(a) prescribes, in pertinent part, that (a) No person may operate a

restricted category civil aircraft – (1) for other than the special purpose for which it is 
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certificated; or (2) in an operation other than one necessary to accomplish the work 

activity directly associated with that special purpose.

Section 91.313(e) prescribes, in pertinent part, that (e) Except when operating in 

accordance with the terms and conditions of a certificate of waiver or special operating 

limitations issued by the Administrator, no person may operate a restricted category 

civil aircraft within the United States— (1) Over a densely populated area; (2) In a 

congested airway; or (3) Near a busy airport where passenger transport operations are

conducted.

The petitioner supports its request with the following information:

The petitioner states that the PBY aircraft is an important part of aviation history and played a 

significant role in World War II, adding that participation in the filming process of a World 

War II movie will add credibility to the story being told and honor veterans.

The petitioner states that there will be no impact on safety, as the only proposed change to the 

conditions and limitations is to allow for filming.

The FAA’s analysis is as follows:

The FAA agrees that the public interest is maintained for the purposes of filming. During 

analysis of similar grants for experimental category civil aircraft, the FAA found that 

preserving historic military airplanes is in the public interest in the same manner as preserving 

historic buildings, landmarks, and neighborhoods. The FAA noted that while aviation history 

can be represented with static displays in museums, similar to the way historic landmarks can 

be represented in museums, the public has shown a willingness to support the preservation 

and operation of vintage airplanes at airshows or publicly recognized and 

Government/industry-sponsored events. Preservation via filming is one other method of 

serving this public interest.

Given the associated conditions and limitations, the FAA agrees that allowing filming 

operations under this exemption does not change the FAA’s original finding regarding no 

adverse impact on safety. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to FF.

Our Decision

The FAA has further amended the conditions and limitations of Exemption 10407 to clarify 

our original intent and standardize the relief with similarly granted exemptions.
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Conditions and Limitations numbers 2, 3, 9, and 10 have been amended to allow for 

participation in the production of movies. 

Conditions and Limitations number 11, Manipulation of Controls, is added to more closely 

align with similar exemptions.

Conditions and Limitations number 12, International Operations, is added to more closely 

align with similar exemptions.

The FAA has determined that the justification for the issuance of Exemption No. 10407, as 

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

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

Administrator has delegated to me, I grant Flying Fireman, Inc. relief to operation of a 

restricted category aircraft in airshows or publicly recognized and Government/industrysponsored events and the production of movies which may include static display, filming 

inside the aircraft while on the ground and selected fly-by and landing to facilitate filming. 

Cameras may be placed in the aircraft to record flight activity; however the cameras will be 

fixed and only the essential crew will be on board the aircraft during flight, subject to the 

following conditions and limitations.

Conditions and Limitations

1. This exemption applies only to General Dynamics (Convair), PBY-6A, registration 

number N85U, serial number 64041.

2. This exemption allows FF to operate a restricted category aircraft (N85U) for the 

special purpose of participation in airshows, publicly recognized and 

Government/industry-sponsored events and the production of movies.

3. This exemption allows FF to reposition N85U to and from airshows, publicly 

recognized and Government/industry-sponsored events, or the contract base or select 

film location. During repositioning FF must avoid, when practical, the following areas 

while doing so: Over densely populated areas, in congested airways, or near busy 

airports where passenger transport operations are conducted.

4. FF must maintain N85U in accordance with § 91.409(f) (4) and (g). This inspection 

program is the FAA AAIP that must be submitted and approved by the local FAA 

FSDO having jurisdiction over the area in which the aircraft is based.

5. N85U must have, at a minimum, the equipment listed in §§ 91.205(b); Visual-flight 

rules (day), and 91.207; Emergency locator transmitters, and that equipment must be in

an operable condition during the flight. Flight during any other conditions, such as, 

visual-flight rules (night), instrument flight rules, etc., must also be conducted with the 

appropriate minimum equipment listed in pertinent parts of § 91.205.
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6. This exemption must be carried aboard N85U when exercising the privileges of this 

exemption. Additionally, this exemption must be presented for inspection, when 

requested, by the FAA Administrator.

7. Carriage of persons or property for compensation or hire is not permitted.

8. Carriage of any non-essential crew is not permitted.

9. The pilot in command (PIC) must hold the appropriate type rating for this aircraft, 

with the appropriate medical certificate and currency requirements of § 61.58 to 

operate this aircraft during operations related to flight for the special purpose of 

participating in airshows or publically recognized and Government/industry-sponsored 

events and the production of movies. This also includes any flights conducted while 

repositioning N85U to or from airshows, publicly recognized and 

Government/industry-sponsored events, or the contract base or select film location.

10. In accordance with § 91.531, this aircraft must be operated with a second in command 

(SIC) pilot appropriately rated for this category and class of aircraft, with the 

appropriate medical certificate and currency requirements of § 61.55 to operate this 

aircraft during operations related to flight for the special purpose of participating in 

airshows or special events. This also includes any flights conducted while 

repositioning N85U to or from airshows or publically recognized and 

Government/industry-sponsored events, or the contract base or select film location.

11. No person other than a qualified, pilot-in-command or second-in-command (SIC), may 

occupy any pilot station, or manipulate the flight controls.

12. This aircraft does not meet the airworthiness requirements specified in Annex 8 to the 

Convention on International Civil Aviation. Operations in civil airspace outside of the 

United States will require the written permission of the applicable civil aviation 

authorities (CAA). That written permission must be carried aboard the aircraft together 

with the U.S. airworthiness certificate and, upon request, be made available to an FAA 

inspector or the CAA in the country of operation. Operations may be further restricted 

by the foreign CAA. This may include not allowing use of an airport, requiring 

specific routing, and restricting flight over specific areas. The operator must comply 

with any additional limitation prescribed by the CAA when operating in its airspace.

13. Aerobatic flight is not permitted.

14. Formation flight is not permitted.

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

exemption, FF must notify the jurisdictional FAA FSDO where it intends to conduct 
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the flight operations and shall provide a copy of this exemption to that jurisdictional 

FAA FSDO.

16. Failure to comply with any of these 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 June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service