AFS

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June 26, 2015

Exemption No. 10407B Regulatory Docket No. FAA

- 2011

- 1032

Mr. Noel Rude

President Flying Fireman, Inc

. 26117 34 th Avenue East Spanaway, WA 98387

De ar Mr. Rude :

This letter is to inform you that we have g ranted 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 allow s 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 fr om 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 pa rt, that (a) No person may operate a restricted category civil aircraft

– (1) for other than the special purpose for which it is2

certificated; or (2) in an operation other than one necessary to accomplish the work activity directly associated with that spe cial 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 rest ricted 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 in formation:

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 m aintained 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, land marks, 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 cha nge 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 becaus e 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.3

Condition s and Limitation s number s 2 , 3, 9, and 10 ha ve been amended to allow for participation in the production of movies.

Conditions and Limitations number 11, Manipulation of Contr ols, is added to more closely align with similar exemptions.

Conditions and Limitations number 1 2 , International Operations

, is added to more closely align with similar exemptions.

The FAA has determined that the justification for the issuance of Exempt ion 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 delegat ed to me, I grant Flying Fireman , Inc. relief to operation of a restricted category aircraft in airshows or publicly recognized and Government/industry

sponsored events and the production of movies which may include static display, filming inside the aircraft while on the ground and sele cted 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 purpos e 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 t he 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 m inimum, 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 (n ight), instrument flight rules, etc., must also be conducted with the appropriate minimum equipment listed in pertinent parts of § 91.205.4

6. This exemption must be carried aboard N85U when exercising the privileges of this exemption. Additionally, this exe mption 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 a ppropriate 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 recogniz ed 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 f ilm 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 airw orthiness 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 pe rmission 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 permitt ed.

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 conduct5

the flight operations and shall provide a copy o f 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 exem ption terminates on June 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service