AFS-15-3924-E

September 29, 2015

 Exemption No. 10872A

 Regulatory Docket No. FAA-2013-0506

Mr. Larry D. Kelley

Director

Delaware Aviation Museum Foundation

21871 Aviation Ave

Georgetown, DE 19947

Dear Mr. Kelley:

This letter is to inform you that we have granted your petition to extend Exemption No. 

10872, as amended. It transmits our decision, explains its basis, and gives you the conditions 

and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter posted September 11, 2015, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Delaware Aviation Museum Foundation (DAMF) for an extension of 

Exemption No. 10872, as amended. That exemption from § 91.315 of Title 14, Code of 

Federal Regulations (14 CFR) allows DAMF to provide pilot training flights in its limited 

category North American B-25 (N9079Z) aircraft for hire.

In your petition, 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 DAMF.

Our Decision

The FAA has made nonsubstantial editorial changes to the conditions and limitations, 

including a change to Condition/Limitation No. 7 to allow the flight hour requirements for the 

DAMF instructor to have been obtained in any B-25 aircraft, not specifically N9079Z. 

The FAA has determined that the justification for the issuance of Exemption No. 10872, 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 
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Administrator has delegated to me, I grant Delaware Aviation Museum Foundation, an 

exemption from 14 CFR § 91.315 to the extent necessary to allow the Delaware Aviation 

Museum Foundation (DAMF) pilot training flights in its limited category North American B25 aircraft for hire, subject to the conditions and limitations described below. 

Conditions and Limitations

1. This exemption applies only to the aircraft DAMF North American B-25 aircraft,

N9079Z. This aircraft, when used for flight instruction under this exemption, must be 

in the operational control of DAMF.

2. The privileges of this exemption are limited to flight training intended for the purpose 

of recurrent pilot training, proficiency, or training for an FAA certificate, rating, or 

authorization.

3. Persons receiving flight training under this exemption must hold at least a private pilot 

certificate with applicable category and class ratings. Persons receiving flight 

instruction in the B-25 must meet the second-in-command (SIC) requirements of 

§ 61.55. 

4. The privileges of this exemption may only be exercised under the auspices of a 

training manual that identifies specific syllabi for all ground and flight training 

conducted in the aircraft. The exemption holder must provide all students with a copy 

of the appropriate syllabi prior to conducting training. The training manual must also 

contain the following information:

a. A syllabus of each training activity conducted under this exemption for the aircraft. 

b. A description of operational limitations for the aircraft used for flight training 

under this exemption.

c. A requirement that pilots receiving instruction under this exemption must log the 

flight time in a pilot logbook or training record. Each entry must cite the 

appropriate DAMF syllabus and lesson taught during that flight.

d. The training manual must identify the name and contact information for the 

individual acting as chief instructor for DAMF operations under this exemption. 

The individual named as chief instructor must meet all the following 

qualifications:

i. Hold a commercial pilot certificate or airline transport pilot certificate with 

instrument, category, and class rating for the aircraft operated under this 

exemption. 

ii. Hold a certificated flight instructor (CFI) certificate with appropriate 

category and class ratings.

5. Before DAMF may exercise the privileges of this exemption, it must provide the 

following documents to the Flight Standards District Office (FSDO) with geographic 
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responsibility for the airport where flight training will be conducted, and must be 

provided to any representative of the FAA Administrator upon request:

a. A copy of the current exemption;

b. A copy of the current DAMF training manual, and;

c. The qualifications of each instructor conducting training under the terms of the 

exemption. 

6. DAMF must maintain its B-25 in accordance with the:

a. Maintenance requirements as specified in its B-25 operating limitations, as 

amended;

b. FAA-approved maintenance inspection program that meets the scope and content 

of § 91.409(e), (f)(4), and (g); and

c. B-25 military technical manuals.

7. The person providing instruction in the B-25 must:

a. Hold at least a commercial pilot certificate with an airplane multiengine land

rating, an airplane instrument rating, the appropriate type rating, and CFI certificate 

with airplane multiengine rating;

b. Have at least a total of 1,500 hours of aeronautical flight experience, including 25 

hours as pilot-in-command in any B-25; 25 takeoffs and 25 landings in any B-25;

and

c. Have accomplished within the previous 90 days, three takeoffs and three landings

to a full stop in any B-25. 

8. The exemption holder must inform anyone receiving flight instruction under this 

exemption that its aircraft holds only a limited airworthiness certificate, the 

significance of the airworthiness certificate as compared to a standard airworthiness 

certificate, and that the FAA has authorized this flight under a grant of exemption from 

the requirements of § 91.315. The explanation of the significance of a limited 

airworthiness certificate compared to a standard airworthiness certificate must include 

at least the following information:

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

certificated aircraft manufacturing standards. In contrast, standard category 

airworthiness certificated aircraft are manufactured to FAA approved standards, 

including standards addressing the design of the aircraft and life-limited parts;

b. Limited category airworthiness certificated aircraft are issued when the FAA finds 

the aircraft—

i. Has been previously issued a limited category type certificate and the 

aircraft conforms to that type certificate; and
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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 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.

9. DAMF must notify the jurisdictional FSDO by written report, electronic mail, or 

facsimile, of any of the following occurrences within 24 hours. For the purpose of this 

section, “during flight” or “in-flight” means the period from the moment the aircraft 

leaves the surface of the earth on takeoff until it touches down on landing. 

a. Any of the following in-flight occurrences:

i. Each in-flight fire in any system or area that requires activation of any fire 

suppression system or discharge of a portable fire extinguisher;

ii. Each aircraft component or system that causes, during flight, accumulation or 

circulation of noxious fumes, smoke, or vapor in any portion of the cabin or 

crew area;

iii. Except for training, each occurrence of in-flight engine shutdown or propeller 

feathering and the reason for such shutdown or feathering;

iv. Any landing gear system or component failures or malfunctions, which 

require use of emergency or standby extension systems; and

v. Each malfunction, failure, or defect in any system or component that requires 

taking emergency action of any type during the course of any flight.

b. Any of the following in-flight or ground occurrences:

i. Each exhaust system component failure, including the turbocharger or 

supercharger components, that causes damage to any engine, structure, 

cowling, or components;

ii. Each failure of the propeller governing systems or feathering systems; and

iii. Each failure or malfunction of the fuel system, tanks, pumps, or valves.

c. Each failure or malfunction of the wheel brake system that causes any loss of brake 

control on the ground; and,

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

corrosion and the method of repair.

10. All flight operations must be conducted with a minimum flight visibility of not less 

than three statute miles and a minimum ceiling of not less than 1,500 feet above 
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ground level (AGL), unless the flight is conducted under instrument flight rules (IFR) 

or special visual flight rules (SVFR).

11. No other persons may be permitted aboard the aircraft during flight operations, except 

for the following:

a. The person acting as flight instructor;

b. The person who possesses at least a private pilot certificate with appropriate 

category and class ratings receiving flight instruction; and

c. Up to two additional people acting as pilot-trainees who meet the requirements of 

Condition/Limitation No. 11(b). These individuals may be either a trainee (who is 

also enrolled in a course identified in the training manual for the same aircraft) or 

an employee of DAMF performing an official function such as instructional 

oversight. 

12. The aircraft must have the equipment listed in § 91.205 (as applicable to the operation 

being conducted) and § 91.207, and that equipment must be in an operable condition 

during the flight.

13. 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 September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

//s//

John Duncan

Director, Flight Standards Service