AFS-13-528-E 

December 31, 2013 

 Exemption No. 10407A 

 Regulatory Docket No. FAA-2011-1032 

Mr. Noel Rude 

Flying Fireman, Inc. 

26117 34th Avenue East 

Spanaway, WA 98387 

Dear Mr. Rude: 

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

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated August 28, 2013, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Flying Fireman, Inc. (FF) for an exemption from § 91.313(a) and(e) of Title 14, 

Code of Federal Regulations (14 CFR) to the extent necessary to allow FF operation of a 

restricted category aircraft in airshows or publicly recognized and Government/industrysponsored events. Additionally, the proposed exemption, if granted, would allow FF to 

reposition N85U to and from airshows or publicly recognized and Government/industrysponsored events over densely populated areas, in a congested airway, or near busy airports 

where passenger transport operations are conducted. 

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 amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to FF. 

Our Decision 
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The FAA has determined that the justification for the issuance of Exemption No. 10407 

remains valid with respect to this exemption and is in the public interest. Therefore, under 

the authority contained in 49 U.S.C. 106(f), 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 General Dynamics (Convair), PBY-6A, registration 

number N85U, serial number 64041. 

2. This exemption allows FF to operate a restricted category aircraft (N85U) for the special 

purpose of participation in airshows or publicly recognized and Government/industrysponsored events. 

3. This exemption allows FF to reposition N85U to and from airshows or publicly 

recognized and Government/industry-sponsored events and operate in the following areas 

while doing so: Over densely populated areas, in congested airways, or near busy 

airports where passenger transport operations are conducted. FF will avoid these areas 

when practical. 

4. FF must maintain N85U in accordance with § 91.409(f)(4) and (g). This inspection 

program is the FAA AAIP that must be submitted and approved by the local FAA FSDO 

having jurisdiction over the area in which the aircraft is based. 

5. N85U must have, at a minimum, the equipment listed in §§ 91.205(b); Visual-flight rules 

(day), and 91.207; Emergency locator transmitters, and that equipment must be in an 

operable condition during the flight. Flight during any other conditions, such as, visualflight rules (night), instrument flight rules, etc., must also be conducted with the 

appropriate minimum equipment listed in pertinent parts of § 91.205. 

6. This exemption must be carried aboard N85U when exercising the privileges of this 

exemption. Additionally, this exemption must be presented for inspection, when 

requested, by the FAA Administrator. 

7. Carriage of persons or property for compensation or hire is not permitted. 

8. Carriage of any non-essential crew is not permitted. 

 
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9. The pilot in command (PIC) must hold the appropriate type rating for this aircraft, with 

the appropriate medical certificate and currency requirements of § 61.58 to operate this 

aircraft during operations related to flight for the special purpose of participating in 

airshows or publically recognized and Government/industry-sponsored events. This also 

includes any flights conducted while repositioning N85U to or from airshows or publicly 

recognized and Government/industry-sponsored events. 

10. In accordance with § 91.531, this aircraft must be operated with a second in command 

(SIC) pilot appropriately rated for this category and class of aircraft, with the appropriate 

medical certificate and currency requirements of § 61.55 to operate this aircraft during 

operations related to flight for the special purpose of participating in airshows or special 

events. This also includes any flights conducted while repositioning N85U to or from 

airshows or publically recognized and Government/industry-sponsored events. 

11. This exemption is only valid for operation inside the U.S. airspace system. For those 

operations outside the U.S. airspace system, the operator is required to gain authorization 

from the State who has control of that airspace. To fly through Canadian airspace, 

authorization must be obtained from Transport Canada. For operations in international 

airspace, the operator must adhere to all International Civil Aviation Organization (ICAO) 

standards listed in Annex 6, Part II. If flying at night, ICAO-required IFR equipment 

must be onboard and operational. 

12. Aerobatic flight is not permitted. 

13. Formation flight is not permitted. 

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

exemption, FF 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. 

15. Failure to comply with any of these conditions and limitations of this grant of exemption 

will be grounds for the immediate suspension or revocation of this exemption. 

This exemption terminates on December 31, 2015, unless sooner superseded or rescinded. 

Issued in Washington, D.C. 

/s/ 

John S. Duncan 

Director, Flight Standards Service