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 Adm inistration (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.2

Our Decision

The FAA has m odified 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 inco rrect 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 obt ain 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.3

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;4

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 becompetent 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 on5

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 PI C 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 beforebeing 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 system6

(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 prefli ght 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.7

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 qualificati on 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-certifi cated 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 si gnificance 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 signifi cance 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 flight8

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;9

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 pertaini ng 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.10

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 term ination date of Exemption No. 10012, as amended, to March 31, 2014 unless sooner superseded or rescinded.11

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service