Exemption No. 9931

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

PACIFIC PROWLER, LLC Regulatory Docket No. FAA-2008-1313

for an exemption from §§ 91.315, 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations

PARTIAL GRANT OF EXEMPTION

By letter dated December 3, 2008, Mr. Brett Hobson, President, Pacific Prowler, LLC (PP), 1412 Greenwood Road, Weatherford, Texas 76088, petitioned the Federal Aviation Administration (FAA) on behalf of PP for an exemption from §§ 91.315, 119.5(g), and 119.21(a) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow PP to conduct living hist ory flight experiences (LHFE) operations in
its North American B-25.

The petitioner requests relief from the following regulations:

Section 91.315: Limited category civil aircraft: Operating limitations: prescribes that no person may operate a limited category civil aircraft carrying persons or property for compensation or hire.

Section 119.5(g) prescribes, in pertinent part, that no person may operate as a direct air carrier or as a commercial operator without, or in violation of, an appropriate certificate and appropriate operations specifications. No person may operate as a direct air carrier or as a commercial operator in violation of any deviation or exemption authority, if issued to that person or that person's representative.

Section 119.21(a): Commercial operators engaged in intrastate common carriage and direct
air carriers:

AFS-09-084-E2

(a) Each person who conducts airplane operations as a commercial operator engaged in intrastate common carriage of persons or property for compensation or hire in air commerce, or as a direct air carrier, shall comply with the certification and operations specifications requirements in subpart C of this part, and shall conduct its:
(1) Domestic operations in accordance with the applicable requirements of part 121 of this chapter, and shall be issued operations specifications for those operations in accordance with those requirements. However, based on a showing of safety in air commerce, the Administrator may permit persons who conduct domestic operations between any point located within any of the following Alaskan islands and any point in the State of Alaska to comply with the requirements applicable to flag operations contained in subpart U of part 121 of this chapter:

(i) The Aleutian Islands.

(ii) The Pribilof Islands.

(iii) The Shumagin Islands.

The petitioner supports its request with the following information:

The petitioner states the main purpose of PP is to preserve “The Greatest Generation Aircraft,” consisting of a B-25 Mitchell Bo mber (N1042B) and a C-47(N87745) from World
War II.

The petitioner states that an exemption is in the best interest of the public because PP provides a more personal and unique encounter with American history, by providing historic flights in these airplanes. The petitioner states it is not a part 121, 125, or 135 carrier and not approved to carry passengers for compensation or in common carriage.

The petitioner states that in order to operate and maintain these airplanes in a safe manner, it must charge the visitor for the experience and cannot do so without the requested exemptions. PP proposes to offer rides in the airplanes at different venues around the United States, which would be confined to the local area of the airport of departure.

The petitioner states that the exemption request would not inhibit its rigorous maintenance program based on the FAA type certificate data sheets, B-25 and military technical manuals and an FAA-approved maintenance program that meets the requirements of § 91.409(e), (f)(4), and (g).

The FAA's analysis is as follows:

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Federal Register because the requested exemption would not set a precedent. The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9902 (copy enclosed), the FAA found3

that preserving historic U.S. aircraft is in the public interest, in the same manner that preserving historic buildings, landmarks, and neighborhoods has been determined to be in the public interest, as stated in the FAA’s “Exemptions for Passenger Carrying Operations Conducted for Compensation and Hire in Ot her Than Standard Category Aircraft” (72 FR 57196) policy published on October 9, 2007. While the aviation history can be represented with static displays in museums in the same manner that historic landmarks can be represented in museums, the public has shown a willingness to support the preservation and operation of historic aircraft and a desire to experience flights in them.

PP has included an aircraft that does not meet the requirements for an exemption. The FAA policy only permits the issuance of an LHFE exemption when the aircraft’s certification prohibits compliance with the app licable parts of the CFR. The Douglas C-47 (DC-3) is a standard category aircraft and, th erefore, can and must conduct for-hire flight operations in full compliance with the regulations. Based on the certification of the C-47 (DC-3), the PP exemption is a partial grant for only the North American B-25. In order to conduct for hire operations with its C-47 (DC-3), PP must contact the Fort Worth Flight Standards District Office (FSDO), 13601 No rth Freeway, Suite 100, Fort Worth, Texas 76177, phone: (817) 491-5000, in order to comply with all appropriate regulations.

The FAA’s Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Pacific Prowler, LLC an exemption from 14 CFR §§ 91.315, 119.5(g), and 119.21(a) to the extent necessary to allow PP to operate its aircraft as listed below in condition No. 1, which has been issued a limited airworthiness certificate, to carry passengers on local flights in return for donations, subject to the conditions and
limitations described below.

Conditions and Limitations

1. This exemption applies only to PP’s North American B-25, N1042B.

2. PP must maintain its limited category airplanes in accordance with the:

a. Maintenance requirements as specified in the appropriate type certificate data sheet, as amended;

b. FAA-approved maintenance inspection program that meets the requirements of § 91.409(e), (f)(4), and (g); and

c. The appropriate military technical manuals.

3. The pilot in command (PIC) for the B-25 must:

a. Hold at least a commercial pilot certificate with an airplane multiengine land rating, an airplane instrument rating, and the appropriate type rating;4

b. Have completed within the previous 12 calendar months, PP's PIC qualification and recurrent flight and ground trai ning program in each specific airplane for
which PIC privileges are sought;

c. Have completed within the previous 12 calendar months, PP's PIC proficiency check in each specific airplane for which PIC privileges are sought;

d. Have at least a total of 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical flight experience in multiengine land airplanes, and 25 hours in each specific airplane; or have at least a total of 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight experience in a multiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in each specific airplane;
and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in each specific airplane for which PIC privileges are sought. For initial PIC qualification in the specific airplane or if the pilot has allowed his/her takeoff and landing currency to lapse in each specific airplane, the takeoff and landing currency may not be accomplished during passenger-carrying operations.

4. The second in command (SIC) for the B-25 must:

a. Hold at least a commercial pilot certificate with an airplane multiengine land rating and an airplane instrument rating;

b. Have completed within the previous 12 calendar months, PP's SIC qualification and recurrent flight and ground trai ning program in each specific airplane for
which SIC privileges are sought;

c. Have completed within the previous 12 calendar months, PP's SIC proficiency check in each specific airplane for which SIC privileges are sought;

d. Have at least a total of 1,500 hours of aeronautical flight experience, 250 hours of aeronautical flight experience in a multiengine land airplane; or have at least a total of 500 hours of aeronautical flight experience, 100 hours of aeronautical flight experience in a multiengine land airplane, and 25 hours and 10 takeoffs and 10 landings in each specific airplane for which SIC privileges are sought; and

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the airplane for which SIC privileges are sought. For initial SIC qualification in each specific airplane or if the pilot has allowed his/her takeoff and landing currency to lapse in the specific airplane, the takeoff and landing currency may not be accomplished during passenger-carrying operations.5

5. PP must develop and maintain written B-25 qualification and recurrent ground training programs for its PICs and SICs in the B-25 that covers the training subjects listed below.
Each PIC and SIC in the B-25 must recei ve the following training within the previous 12 calendar months and be found to be competent and knowlegeble in these areas prior to serving in a PIC or SIC position in the B-25:

REQUIRED TRAINING TASKS a. General information and description of the airplane; b. Airplane limitations; c. Airplane servicing; d. Airspeeds; e. Fuel system; f. Electrical system; g. Hydraulic system; h. Engines; i. Instruments and avionics; j. Landing gear, brakes, controls, and flaps systems; k. Propeller; l. Emergency 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 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 equipment 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; and p. Differences in type.6

6. PP must develop and maintain a written B-25 qualification and recurrent flight training program for its PIC in the B-25 that covers the areas of operations and tasks, as listed in
the following table of training tasks. Each PIC in the B-25 must successfully accomplish this training before being assigned PIC responsibilities and duties. Each PIC in the B-25 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 B-25 for PP:

REQUIRED TRAINING TASKS a. Preflight Preparation, including— (i) Airplane exam (oral or written); and (ii) Airplane performance & limitations (oral or written); b. Ground Operations, including— (i) Preflight inspection; (ii) Cockpit resource management; (iii) Powerplant start procedures; (iv) Taxiing; and (v) Pre-takeoff checks; 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 flight characteristics; e. Landings & Approaches to Landing, including— (i) Normal & crosswind approaches & landing; (ii) Maneuvering to a landing with a simulated powerplant failure; (iii) Rejected landing; and (iv) Landing from a no flap or a nonstandard flap approach; f. Normal & Abnormal Procedures, including— (i) Powerplant; (ii) Fuel system; (iii) Electrical system; (iv) Hydraulic system; (v) Environmental & pressurization system (as appropriate and if equipped); (vi) Fire detection & extinguishing system; (vii) Navigation & avionics system;7

(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; and (xi) Airplane & personal emergency equipment; g. Emergency Procedures, 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.

7. PP must develop and maintain a written B-25 qualif ication and recurrent flight training programs for its SIC in the B-25 that covers the areas of operations and tasks, as listed in the following table of training tasks. Each SIC in the B-25 must successfully accomplish this training before being assigned SIC responsibilities and duties. Each SIC in the B-25 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 an SIC position in the B-25 for PP:

REQUIRED TRAINING TASKS: a. Operational procedures applicable to the powerplant, equipment, and systems; b. Performance specifications and limitations; c. Normal, abnormal, and emergency operating procedures; d. Three takeoffs and three landings to a full stop as the sole manipulator of the flight controls; e. Engine-out procedures and maneuvering with an engine out while executing the duties of PIC; f. Crew resource management training; and g. Familiarization with the airplane flight manual, placards, and markings.

8. PP 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 consist of the appropriate maneuvers and procedures currently required for the original issuance of the commercial pilot certificate. The FAA's Fort Worth FSDO will determine what maneuvers and procedures are critical, such as preflight preparation, ground operations, ta keoffs and departures, and normal procedures,8

etc., and maneuvers and procedures that may be unsafe for a particular airplane.

9. 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 training.

10. PP 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 Fort Worth FSDO. 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. Location where each session of ground and flight training was given;

f. Location 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 number 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 provided 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 verificati on of having received 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 received each session of testing.

11. When requested, the PP's pilot qualification and recurrent ground- and flight-training programs and/or records listed in conditions above must be made available to the
Fort Worth FSDO.

12. PP 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.9

13. PP 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 PP authorizes to conduct flight operations in its airplanes under the terms of this exemption;

b. Copies of each PIC's and SIC's pilot certif icate, 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.

14. Before permitting a person to be carried on board its airplane for the purposes authorized under this exemption, PP will inform that person that its airplanes hold 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, 91.319, 119.5(g), and 119.21(a). 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 airplane manufacturing standards. In contrast, standard category airworthiness certificated airplanes are manufactured to FAA-approved standards, including standards addressing the design of the airplane and life-limited parts;

b. Limited category airworthiness certificated airplanes are issued when the FAA finds the airplane—

i. Has been previously issued a limited category type certificate and the airplane conforms to that type 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 type certification standards as established by the FAA; and

ii. Airplane's inspection and maintenance requirements are in compliance
with the applicable Federal Aviation Regulations.10

15. PP must notify the Fort Worth FSDO 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 system or area that requires activation of any fire suppression system or discharge of a portable fire extinguisher;

b. Each exhaust system component failure, including the turbocharger component, that causes damage to any engine, structure, cowling, or components;

c. Each airplane 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;

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

e. Each failure of the propeller governing systems or feathering systems;

f. Any landing gear system or component failures or malfunctions, which require use of emergency or standby extension systems;

g. Each failure or malfunction of the wheel brake system that causes loss of brake control on the ground;

h. Each airplane structure that requires major repair due to damage, deformation, or corrosion and the method of repair;

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

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

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

16. 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 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 less than 3 statute miles and a minimum ceiling of not less than 1,500 feet AGL;

e. Passenger-carrying operations for compensation may be conducted at distances greater than 25 statute miles of the departure airport up to 50 statute miles with11

concurrence of the FAA FSDO having geographic responsibility for the aviation event. For such flights, landings are only permitted at the departure airport;

f. For passenger-carrying flights greater than 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 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 fire station or firefighting services available or within close proximity of the airport.

17. No persons other than the assigned flight crewmembers may be permitted on the pilot station of the airplane during flight operations.

18. Except for essential crewmembers, all flight operations must carry no more than the maximum number of passengers permitted by the airplane's weight and balance limitations and number of approved seats in the airplane.

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

20. PP 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.

21. PP must notify the Fort Worth FSDO at least 5 working days (Mondays through Fridays) before conducting any PIC or SIC initia l 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.

22. No later than 72 hours prior to commencing flight operations under the terms of this grant of exemption, PP 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.12

23. 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 the exemption.

This exemption terminates on August 31, 2011, unless sooner superseded or rescinded.

Issued in Washington, D.C., on September 10, 2009.

/s/ Chester D. Dalbey Acting Director, Flight Standards
Service