AFS-14-046-E

March 26, 2014

 Exemption No. 10021B

Regulatory Docket No. FAA-2009-1187

Ms. Rebecca Lynn Luther

Director

WarBird Museum of Virginia, Inc.

P.O. Box 671

Chesterfield, VA 23832

Dear Ms. Luther:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 10021, as amended. It explains the basis for our decision, describes its effect, and lists its 

revised conditions and limitations.

The Basis for Our Decision

By letter dated November 19, 2013, you petitioned the Federal Aviation Administration 

(FAA) on behalf of WarBird Museum of Virginia, Inc. (WMOV), for an extension of 

Exemption No. 10021, as amended. That exemption from §§ 91.319, 119.5(g), and 119.21(a) 

of Title 14, Code of Federal Regulations (14 CFR) allows WMOV to operate its North 

American T-28B Trojan (T-28B), which has been issued an experimental airworthiness 

certificate, to carry passengers on local flights in return for donations.

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 WMOV.

Our Decision

In reviewing the history of this exemption, we have determined that references to §§ 91.305 

and 91.315 were in error and have been removed. Section 91.305 refers to flight test areas a 
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topic unrelated to this exemption, and § 91.315 applies to limited category aircraft. The 

exemption provides relief for the petitioner’s T-28B aircraft which has an experimental 

certificate under § 91.319. We have replaced any reference to “limited” category with 

“experimental” category, as appropriate.

In limitation No. 2, we have removed the requirement to maintain the T-28B aircraft in 

accordance with the type certificate data sheet (TCDS). The T-28B aircraft is an experimental 

category aircraft and as such does not have a TCDS. However, we have clarified the 

maintenance requirements for the T-28B aircraft. While § 91.409(c)(1) excludes experimental 

aircraft from either the 100-hour inspection or the requirement for an FAA-approved 

maintenance program, a maintenance program is required to operate the T-28B aircraft under 

this exemption. We have clarified the maintenance requirements to reinforce the importance 

of ensuring an equivalent level of safety during operations under this exemption.

Finally, limitation No. 5, Required Training Tasks table, tasks (c), (d), and (e) as previously

drafted could lead the reader to an incorrect impression that an actual shutdown of a 

powerplant was required during task (c) Takeoffs & Departures and task (d) Inflight 

Maneuvers. We have corrected tasks (c) and (d) to include the word “simulated.” 

The conditions and limitations of an exemption may not be based on specific regulations; they

serve as the FAA’s means to ensure an equivalent level of safety. Conditions and limitations 

may go beyond the established regulations because the proposed operation is, by its need for 

an exemption, outside the normal regulatory structure.

The FAA has determined that the justification for the issuance of Exemption No. 10021, 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 delegated to me, I hereby grant WarBird Museum of Virginia, Inc. an

extension to its exemption from §§ 91.319, 119.5(g), and 119.21(a) of Title 14, Code of 

Federal Regulations (14 CFR) to operate its North American T-28B Trojan (T-28B), which

has been issued an experimental airworthiness certificate, to carry passengers on local flights 

in return for donations, subject to the following conditions and limitations.

Conditions and Limitations 

1. This exemption applies only to the North American T-28B Trojan (N65491).

2. WMOV must maintain its experimental category airplane in accordance with the: 

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

content of those requirements specified in § 91.409(e), (f)(4), and (g); and

b. The appropriate military technical manuals.
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3. Pilot in command (PIC) for the single-engine airplane must:

a. Hold at least a commercial pilot certificate with an airplane single-engine land 

 rating and airplane instrument rating;

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

 qualification and recurrent flight and ground training program in the airplane;

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

 check for the airplane; 

d. Have at least a total of:

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

experience in single-engine land airplane, and 25 hours in the airplane; or

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

 of aeronautical flight experience in a single-engine land airplane, and 100 

 hours and 50 takeoffs and 50 landings in the airplane; and

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

 to a full stop in the airplane. For initial PIC qualification in the specific 

 airplane or if the pilot has allowed his/her takeoff and landing currency to lapse in 

 the airplane, the takeoff and landing currency may not be accomplished 

 during passenger-carrying operations. 

4. WMOV must develop and maintain written qualification and recurrent ground training 

 programs for its PIC in the airplane that cover the training subjects listed below. 

 Each PIC must 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 airplane:

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;
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 (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; and

o. Airplane's checklist.

5. WMOV must develop and maintain a written qualification and recurrent ground training 

 program for its PIC in the single-engine airplane that covers the areas of operations

 and tasks, as listed in the following table of training tasks. Each PIC must successfully

 accomplish this airplane specific training before being assigned PIC responsibilities

 and duties. Each PIC must receive and 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 single-engine airplane:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including—

(i) Airplane exam (oral or written); and

 (ii) Airplane performance and 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 and Departures, including—

(i) Normal and crosswind takeoffs; 

(ii) Simulated powerplant failure; and

 (iii) Rejected takeoffs.

d. In-flight Maneuvers, including—

(i) Steep turns;

(ii) Approach to stalls;

(iii) Simulated powerplant failure; and

 (iv) Specific flight characteristics.

e. Landings and Approaches to Landing, including—
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(i) Normal and crosswind approaches and 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 and Abnormal Procedures, including—

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;

(iv) Hydraulic system;

(v) Environmental and pressurization system (as appropriate and if equipped);

(vi) Fire detection and extinguishing system;

(vii) Navigation and avionics system;

(viii) Automatic flight control system, electronic flight instrument system, and

 related systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti-ice and de-ice system; and

 (xi) Airplane and personal emergency equipment.

g. Emergency Procedures, including—

(i) In-flight fire and 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.

6. WMOV 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 Richmond 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 airplane.

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.
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8. WMOV 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 Richmond 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 verification 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.

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

 programs and/or records listed in conditions above must be made available to the 

 Richmond FSDO, 5707 Hunstman Road, Richmond, Virginia 23250, (804) 222-7494.

 

10. WMOV 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. WMOV 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 WMOV authorizes to conduct flight 

operations in its airplane under the terms of this exemption;

b. Copies of each PIC's pilot certificate, 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 
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 meet the requirements of §§ 43.9, 43.11, and 91.405.

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

 under this exemption, WMOV will inform that person that its airplane holds 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 §§ 91.319, 119.5(g), and 

 119.21(a). The explanation of the significance of an experimental 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 experimental 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. An airplane may be issued an experimental airworthiness certificate for the purpose 

 of exhibition when the airplane is intended only for exhibition of the airplane's 

 flight 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 airplane) flying to and from such 

 airshows and productions; and

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.

13. WMOV must notify the Richmond 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 components,

 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, 
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 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 failure or malfunction that requires 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.

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;

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 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 

 § 91.319(c) for aircraft certificated in the experimental category;

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 
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 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 fire-

 fighting 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 airplane during flight operations.

16. 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.

17. 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.

18. WMOV 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. WMOV must notify the Richmond FSDO at least 5 working days (Mondays through 

Fridays) before conducting any PIC initial or recurrent qualification training and any PIC 

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, WMOV 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. 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).

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

aircraft. 

23. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., 

formation flying) is prohibited.

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

the flight controls during flight operations.
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25. The exemption holder 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.

26. This exemption is not valid for operation outside the United States. 

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.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10021, as amended, to March 31, 

2016, unless sooner superseded or rescinded. 

Sincerely,

//s//

John S. Duncan

Director, Flight Standards, Service