AFS-12-174-E 

March 21, 2012 

 Exemption No. 10012A 

 Regulatory Docket No. FAA-2001-11090 

John E. Gillick, Esq. 

Counsel for Army Aviation Heritage Foundation 

Zuckert Scoutt & Rasenberger, LLP 

888 Seventeenth Street, NW., Suite 700 

Washington, DC 20006 

Dear Mr. Gillick: 

This letter is to inform you that we have granted your request for extension. It transmits our 

decision, explains its basis, lists the conditions and limitations of the exemption, and includes 

the expiration date for the exemption. 

The Basis for our Decision 

On January 18, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of 

Army Aviation Heritage Foundation (AAHF) for extension to Exemption No. 10012. That 

exemption from §§ 91.319, 119.5(g), and 119.25(b) of Title 14, Code of Federal Regulations 

(14 CFR) allowed AAHF to operate its Bell UH-1 and Bell AH-1 aircraft for the purpose of 

carrying passengers for compensation or hire on local flights for educational and historical 

purposes. 

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 AAHF. 
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Our Decision 

The FAA has modified and/or added to the conditions and limitations of Exemption 

No. 10012 to correct for mis-numbering and to address several issues raised by another 

exemption holder. These changes are to clarify the original content and further define the 

intent and provide consistency of the safety-related aspects of the conditions and limitations. 

The FAA will be making these changes to all living history flight experience (LHFE) 

exemptions 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. 

Limitation No. 16 had previously given the incorrect impression that the aircraft could be 

operated at weights greater than permitted by operating limitations. The wording was revised 

to clarify that the aircraft must be operated within the weight and balance limitations 

prescribed at all times. 

Limitation No. 21 was moved to the end of the numbered limitations and is no longer 

assigned a limitation number. The text of that statement remains unchanged: 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. 

 

Limitation No. 21 has been added to ensure that the intent of the exemption is clear. 

Passengers wishing to experience aerobatics can obtain rides in aircraft type certificated for 

aerobatics. The LHFE exemptions are designed to provide for experiences not otherwise 

available to the public. Therefore, this limitation will be added to all LHFE exemptions in 

order to clarify the intent of the exemptions. 

Limitation No. 22 prohibits formation flight. Formation flight is already prohibited by 

§ 91.111(b), but this is added to ensure that the exemption holders have a clear understanding 

of this restriction. This limitation will be added to all LHFE exemptions to clarify the intent 

of the exemptions. 

Limitation No. 23 requires a preflight briefing but permits a crewmember other than the pilot 

in command (PIC) to provide the necessary preflight briefing; however, AAHF is reminded 

that in accordance with § 91.107(a)(2), the briefing remains a PIC responsibility. This 

requirement will be added to all LHFE exemptions. 

 

Limitation No. 24 is added to clarify the issue of manipulating the flight controls. The LHFE 

exemptions have never permitted the passengers to manipulate the flight controls. Only 

trained crewmembers may manipulate the flight controls. This clarification will be added to 

all LHFE exemptions. 
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Limitation No. 25 is added to require that operators of LHFE develop a continuous analysis 

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. This requirement will be added to all LHFE exemptions. 

The FAA has determined that the justification for the issuance of Exemption No. 10012, 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. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the following conditions 

and limitations. 

Conditions and Limitations 

1. This exemption applies only to the aircraft listed below: 

a. Bell UH-1, N104HF 

b. Bell UH-1, N354HF 

c. Bell UH-1, N426HF 

d. Bell UH-1, N624HF 

e. Bell AH-1, N197HF 

f. Bell AH-1, N737HF 

g. Bell AH-1, N998HF 

h. Bell AH-1, N589HF 

2. AAHF must maintain its Bell UH-1 and Bell AH-1 in accordance with the: 

a. Maintenance requirements as specified in its Bell UH-1 and Bell AH-1 operating 

limitations, as amended; 

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(a) and (b), and 

c. Bell UH-1 and Bell AH-1 military technical manuals 

3. The pilot in command (PIC) for the Bell UH-1 and/or Bell AH-1 must: 

a. Hold at least a commercial pilot certificate with a rotorcraft helicopter rating; 

b. Have completed within the previous 12 calendar months, AAHF's PIC qualification 

and recurrent flight and ground training program in the Bell UH-1 and/or Bell AH-1; 

c. Have completed within the previous 12 calendar months, AAHF's PIC proficiency 

check in the Bell UH-1 and/or Bell AH-1; 
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d. Have at least a total of: 

i. 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical 

flight experience in helicopters, and 25 hours in the Bell UH-1 and/or Bell 

AH-1, 

ii. 1,000 hours of aeronautical flight experience, 200 hours of aeronautical flight 

experience in helicopters, and 100 hours and 50 takeoffs and 50 landings in 

the Bell UH-1 and/or Bell AH-1. 

e. Have accomplished within the previous 90 days, three takeoffs and three landings to a 

full stop in the Bell UH-1 and/or Bell AH-1. For initial PIC qualification in the Bell 

UH-1 and/or Bell AH-1or if the pilot has allowed his/her takeoff and landing 

currency to lapse in the Bell UH-1 and/or Bell AH-1, the takeoff and landing 

currency may not be accomplished during passenger-carrying operations. 

4. AAHF must develop and maintain a written Bell UH-1 and Bell AH-1 qualification and 

recurrent ground training program for its PIC in the Bell UH-1 and Bell AH-1 that covers 

the training subjects listed below. Each PIC in the Bell UH-1 and Bell AH-1must receive 

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 Bell UH1 and Bell AH-1: 

REQUIRED TRAINING TASKS

a. General information and description of the aircraft 

b. Aircraft limitations 

c. Aircraft servicing 

d. Airspeeds 

e. Fuel system 

f. Electrical system 

g. Hydraulic system 

h. Engine 

i. Instruments and avionics 

j. Flight control system 

k. Rotors 

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 
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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 

p. Differences in type 

5. AAHF must develop and maintain a written Bell UH-1 and Bell AH-1qualification and 

recurrent flight training program for its PIC in the Bell UH-1 and Bell AH-1 that covers 

the areas of operations and tasks, as listed in the following table of training tasks. Each 

PIC in the Bell UH-1 and Bell AH-1 must successfully accomplish this training before 

being assigned PIC responsibilities and duties. Each PIC in the Bell UH-1 and Bell AH1 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 Bell UH-1 or Bell AH-1: 

REQUIRED TRAINING TASKS:

a. Preflight Preparation 

(i) Aircraft exam (oral or written) 

(ii) Aircraft performance & limitations (oral or written) 

b. Ground Operations 

(i) Preflight inspection 

(ii) Cockpit resource management 

(iii) Powerplant start procedures 

(iv) Hover Taxiing 

(v) Pre-takeoff checks 

c. Takeoffs & Departures 

(i) Normal & crosswind takeoffs 

(ii) Powerplant failure 

(iii) Rejected takeoffs 

d. In-flight Maneuvers 

(i) Steep turns 

(ii) Powerplant failure 

(iii) Specific flight characteristics 

e. Landings & Approaches to Landing 

(i) Normal & crosswind approaches & landing 

(ii) Steep Approaches 

(iii) Rejected landing 

(iv) Autorotations 

f. Normal & Abnormal Procedures 

(i) Powerplant 

(ii) Fuel system 

(iii) Electrical system 

(iv) Hydraulic system 
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(v) Environmental system (as appropriate and if equipped) 

(vi) Fire detection & extinguishing system 

(vii) Navigation & avionics system 

(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 

(xi) Aircraft & personal emergency equipment 

g. Emergency Procedures 

(i) In-flight fire & smoke removal 

(ii) Emergency descent 

(iii) Ditching 

(iv) Emergency Evacuation 

h. Post flight Procedures 

(i) After landing procedures 

(ii) Parking and securing aircraft 

6. AAHF may not use a pilot nor may any pilot serve as a pilot in any aircraft 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 aircraft to 

determine the pilot's competence in practical skills and techniques in the appropriate 

aircraft. 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 Atlanta Flight Standards District Office (FSDO) will determine 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 aircraft. 

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 training. 

8. AAHF 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 Atlanta 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. 
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f. Location where each session of ground and flight testing was given. 

g. The aircraft identification number in which each flight training session was received. 

h. The aircraft 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 verification of having received each session of training. 

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. 

9. When requested, the AAHF's pilot qualification and recurrent ground- and flight-training 

programs and/or records listed in these conditions and limitations must be made available 

to the Atlanta FSDO, 1701 Columbia Avenue, College Park, GA 30336, 404-305-7200. 

10. AAHF 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. 

11. AAHF 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 AAHF authorizes to conduct flight operations 

in its aircraft under the terms of this exemption; 

b. Copies of each PIC's and second in commands (SIC's) pilot certificate, medical 

certificate, qualifications, and initial and recurrent training and testing 

documentation to comply with the conditions and limitations of this exemption; and 

c. Records of maintenance performed and maintenance inspection records to comply 

with the conditions and limitations in this exemption, as appropriate. Maintenance 

and inspection records must meet the requirements of §§ 91.405, 43.9, and 43.11. 

12. Before permitting a person to be carried on board its aircraft for the purposes authorized 

under this exemption, AAHF will inform that person that its aircraft hold only an 

experimental 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 an experimental airworthiness, 

compared to a standard airworthiness certificate must include at least the following 

information: 

a. An aircraft may be issued an experimental airworthiness certificate for the purpose 

of exhibition when the aircraft is intended only for exhibition of the aircraft's flight 
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capabilities, performance, or unusual characteristics at airshows, motion picture, 

television, and similar productions and the maintenance of exhibition flight 

proficiency, including (for persons exhibiting the aircraft) flying to and from such 

airshows and productions. 

b. 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. 

13. AAHF must notify the Atlanta 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 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 and the reason for such 

shutdown or feathering. 

e. Any landing gear system or component failures or malfunctions. 

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

corrosion, and the method of repair. 

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

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

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

i. For the purpose of this section, "during flight" means the period from the moment 

the aircraft 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 of official sunrise and sunset, as established in the American Air 

Almanac, as converted to local time; 
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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. The LZ manager (who must be a certificated helicopter pilot) will continually 

monitor current and forecast weather conditions using FAA approved sources and 

his/her local observations to ensure that the actual and forecast weather remains 

above the requirements of this paragraph. 

f. Prior to conducting operations out of sight of the airport, the LZ Manager will 

identify and brief pilots as to the location of alternate landing sites to be used in the 

event of unforecast weather conditions. 

g. Pilots conducting operations under the terms of this exemption will be required to 

land at the nearest alternate LZ or any suitable landing site if the weather 

deteriorates below the minimums prescribed in this paragraph 

h. Passenger-carrying operations for compensation may be conducted at distances 

greater than 25 statute miles of the departure airport up to 50 statute miles with 

concurrence of the FAA FSDO having geographic responsibility for the aviation 

event. For such flights, landings are only permitted at the departure airport. The 

operator must provide information pertaining to the proposed route of flight, which 

will avoid densely populated areas or congested airways in accordance with 14 

CFR § 91.319(c) for aircraft certificated in the experimental category. Those 

operators utilizing aircraft certificated in the limited category are not bound by the 

restriction regarding the avoidance of densely populated areas or congested 

airways; 

i. 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 

j. The aircraft may only be operated from an airport that has a fire station or firefighting 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 aircraft during flight operations. 

16. All 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. 
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17. All aircraft 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. AAHF 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. AAHF must notify the Atlanta FSDO at least 5 working days (Mondays through Fridays) 

before conducting any PIC or SIC initial 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. 

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

of exemption, AAHF 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. 

21. The PIC is prohibited from performing aerobatic flight while passengers are onboard the 

aircraft. 

22. For all aircraft subject to this exemption, flight within 500 feet of another aircraft 

(i.e., formation flying) is prohibited. 

23. Prior to flight, the PIC must ensure that a passenger briefing meeting the scope and 

content of § 135.117 has been provided to the passenger(s). 

24. No persons other than the assigned flight crewmembers may be permitted to manipulate 

the flight controls during flight operations. 

25. AAHF must develop a continuous analysis 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. 

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 

Our decision extends the termination date of Exemption No. 10012, as amended, to 

March 31, 2014 unless sooner superseded or rescinded. 
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Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service