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March 26, 2014 Exemption No. 10021B Regulatory

Docket No. FAA

- 2009

- 1187
Ms. Rebecca Ly

nn L uther Director WarBird Museum of Virginia, I nc. P.O. Box 671 Chesterfie ld, VA 23832
Dear Ms. L uther : This letter is to inform y ou that we have g ranted y our petition to extend Exemption No. 10021 , as amended . I t expl ains the basis for our decision, describes its effect, and lists its revised conditions and limitations.
**T he Basis for Our Decision**  By letter d ated November 19, 2013 , y ou petitioned the Federal Aviation Administration (FAA) on behalf of WarBird Museum of Virginia, I nc. ( 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 d onations.
In y our petition, y ou 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 pub lishing a summary of the petition in the Federal Register beca use 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 exem ption, 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 a2

topic unrelated to this exemption, and § 91.315 applies to limited category aircraft. The exemption provid es 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 ty

pe 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 aircra ft. 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 clarifie d 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) I nflight Maneuvers. We have corrected tasks (c) and (d) to include the word “simulated.” The conditions and l imitations 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 bey ond 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 th e authority

provided b y 49 U.S.C. §§ 106(f), 40113 , and 44701, which the FAA Administrator has delega ted to me, I hereby grant WarBird Museum of Virginia, I nc. an extension to its exemption from §§ 91.319, 119.5(g), and 119.21(a) of Title 14, Code of Feder al 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 c ategory 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.3

3. Pilot in command ( PI C ) for the single

- engine airplane must: a. Hold at least a commercial pilot certificate with an air plane single

- engine land rating and airplane instrument rating; b. Have completed within the previous 12 calendar months, WMOV 's PI C qualification and recurrent flight and ground training program in the airplane; c. Have completed within the previous 12 calendar months, WMOV 's PI C 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 acc omplished within the previous 90 day s, three takeoffs and three landings to a full stop in the airplane. For initial PI C qualification in the specific airplane or if the pilot has allowed his/her takeoff and landing currency to lapse in t he airplane , the takeoff and landing currency may not be accomplished during passenger

- carry ing operations.
4. WMOV must develop and maintain written qualification and recurrent ground training programs for its PI C in the airplane that cover the training subjects listed below. Each PI C 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 PI C position in the airplane: REQUI RED TRAI

NI NG TASKS a. General information and description of the airplane; b. Airplane limitations; c. Airplane servicing; d. Airspeeds; e. Fuel sy stem; f. Electrical sy stem; g. Hy draulic sy stem; h. Engines; i. I nstruments and avionics; j. L anding gear, brakes, controls, and flaps sy stems; k. Propeller; l. Emergency

procedures, including

— (i) I nstruction in emergency assignments and procedures, including coordination among crewmembers;4

(ii) I ndividual 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 e mphasis on the ty pe of extinguisher to be used on different classes of fires; (iii) I nstruction in the handling of emergency situations, including

— A. Fire in flight or on the surface and smoke co ntr ol procedures with emphasis on electrical equipment and related circuit breakers found in cabin areas; and B. I llness, injury , or other abnormal situ ations involving passengers or crewme mbers; 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 PI C in the single

- engine airplane that covers the are as of operations and tasks, as listed in the following table of training tasks. Each PI C must successfully accomplish this airplane specific training before being assigned PI C responsibilities and duties. Each PI C must receive and accomplis h 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 PI C position in the single

- engine airplane:
REQUI RED TRAI

NI NG TASKS a. Preflight Preparation, inc luding

— (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 p owerplant failure; and (iii) Rejected takeoffs. d. I n - flight Maneuvers, including

— (i) Stee p turns; (ii) Approach to stalls; (iii) Simulated p owerplant failure; and (iv) Specific flight characteristics. e. Landings and Approaches to Landing, including

—5

(i) Normal and crosswind approaches and landing; (ii) Maneuvering t o a landing with a simulated powerplant failure; (iii) Rejected landing; and (iv) L anding from a no flap or a nonstandard flap approach. f. Normal and Abnormal Procedures, including

— (i) Powerplant; (ii) Fuel sy stem; (iii) Electr ical sy stem; (iv) Hy draulic sy stem; (v) Environmental and pressurization sy stem (as appropriate and if equipped); (vi) Fire detection and extinguishing sy stem; (vii) Navigation and avionics sy stem; (viii) Automatic flight control sy stem, electronic fl ight instrument sy stem, and related sy stems (as appropriate and if equipped); (ix) Flight control sy stem; (x) Anti

- ice and de

- ice sy stem; and (xi) Airplane and personal emergency equipment. g. Emergency

Procedures, including

— (i) I n - flight fire and smoke removal; (ii) Rapid decompression (as appropriate and if equipped with a pressurization sy stem); (iii) Emergency

descent; (iv) Ditching; and (v) Emergency

evacuation. h. Post

- flight Procedures, including

— (i) A fter 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 p ilot 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 th e 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 m aneuvers 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.6

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. L ocation 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 flig ht 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 a s 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 r equired 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 co nduct flight operations in its airplane under the terms of this exemption; b. Copies of each PI C's pilot certificate, medical certificate, qualifications, and initial and recurrent training and testing documentation to comply with the conditi ons listed above; and c. Records of maintenance performed and maintenance inspection records to comply with the conditions above, as appropriate. Maintenance and inspection records must7 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 hold s only a n 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 fro m 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 airworthi ness certificated airplane manufacturing standards. I n contrast, standard category airworthiness certificated airplanes are manufactured to FAA

- approved standards, including standards addressing the design of the a irplane and life

- limited parts; b . An a irplane 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) fly ing to and from such airshows and productions ; and
c . Standard category

airworthiness ce rtificates are issued for an airplane when the FAA finds the

— i. Airplane has been built and maintained in accordance with that airplane's ty pe certification standards as established by the FAA; and ii. Airplane's inspection and maintenance re quirements 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

- fl ight fire in any sy stem or area that requires activation of any fire suppression sy stem or discharge of a portable fire extinguisher; b. Each exhaust sy stem component failure , including the turbocharger components , that causes damage to any eng ine, structure, cowling, or components; c. Each airplane component or sy stem 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 occu rrence of engine shutdown or propeller feathering,8 and the reason for such shutdown or feathering; e. Each failure of the propeller governing sy stems or feathering sy stems; f. Any landing g ear sy stem or component failure or malfunction that req uires use of emergency

or standby

extension sy stems; g. Each failure or malfun ction of the wheel brake sy stem that cause s 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 sy stem, tanks, pumps, or valves; j. Each malfunction, failure, or defect in any sy stem or component that requires taking emergency

action of any

ty pe during the c ourse 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 con ducted: 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

- m ile 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

- carry ing oper ations 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 flight s, 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 airway s in accordance with § 91.319(c) for a ircraft certificated in the experimental category ; f. For passenger

- carry ing flights greater than 25 statute miles from the departure airport and up to 50 statute miles, the PI C must obtain weather reports and forecasts prior to flight and val id 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

- carry ing operations shall be terminated if ceiling and visibility

become less than the minimum required by these conditions9 and limitations. Weather forecasts listing discriminators such as probability (PROB), becoming (BECOMG) , or temporarily (TEMPO) shall be limiting; and g. The airplane may

o nly 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 airp lane during flight operations.
16. A ll 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 th e 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. I nternal Revenue Service that it is a § 501(c)(3) n onprofit, tax

- exempt, charitable organization under §§ 509(a)(1) and 170(b)(1)(A)(vi) of the I nternal Revenue Code.
19. WMOV must notify

the Richmond FSDO at least 5 working day s (Monday s through Friday s) before conducting any PI C initial or rec urrent qualification training and any PI C 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 PI C must ensure that a pass enger briefing meeting the scope and content of § 135.117 has been provided to the passenger(s).
22. The PI C is prohibited from performing aerobatic flight while passengers are onboard the aircraft.
23. For all aircraft subject to this exemption, flight withi n 500 feet of another aircraft (i.e., formation fly ing) is prohibited.
24. No persons other than the assigned flight crewmembers may be permitted to manipulate the flight controls during flight operations.10

25. The exemption holder must develop a continuous analy sis 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 Sta tes. 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, 201 6 , unless so oner superseded or rescinded. Sincerely , //s// John S. Duncan Director, Flight Standards, Service