AFS

- 15

- 189

- E Exemption No. 11201

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

COMMEMORATIVE Reg ulatory Docket No. FAA

- 2014

- 099 2
AIR FORCE

for an exemption from § 91.319(c) of Title 14, Code of Federal Regulations

PARTIAL GRANT OF EXEMPTION

By letter received November 25 , 2014

, and supplemental request on February 26, 2015

, Mr. Robert Stenevik, Vice President of Safety, Operations and Maintenance

, Commemorative Air Force (CAF)

, 109 San Medina Lane, Joshua, TX 76058 petitioned

t he Federal Aviation Administration (FAA) on behalf of CAF for an exemption from § 91.319(c) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would permit, P

- 39 s , P

- 40s, P

- 47s, P

- 63s, FG

- 1Ds, FM

- 2s, F4Us, F6Fs, F8Fs

, SB 2Cs and an F

. 18 Spitfire single

- en gine e xperimental a ircraft to operate over densely populated areas.

To obtain the desired relief, t he petitioner requires exemption from the following regulation:

Section 91.319(c) prescribes, in pertinent part, that un less otherwise authorized by the Administrator in special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway. The Administrator may issue special operating li mitations for particular aircraft to permit takeoffs and landings to be conducted over a densely populated area or in a congested airway, in accordance with terms and conditions specified in the authorization in the interest of safety in air commerce.

Sec tion 91.9(a) prescribes

, in pertinent part, that no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by t he certificating authority of the country of registry.2

The petitioner supports its request with the following information:

The petitioner contends that the described flights in the flyover of the National Mall and other similar events celebrating the 7 0th A nniversary of Victory in Europe (VE) Day are in the public interest

. The makes and models of aircraft for which the petitioner has requested relief include: the P

- 39, P

- 40, P

- 47, P

- 63, FG

- 1D, FM

- 2, F4U, F6F, F8F,
SB2C

, and F

. 18 Spitfire

. Included

, a s part of its petition

, was a letter from nine congressional representatives to Administrator Huerta. This letter states that they “believe it is critical to use this anniversary as a time to remember and educate our nation's
citizens about the sacrifices of so many Americans to protect our way of life and the extraordinary efforts undertaken to preserve freedom here and abroad. It is our belief that a flyover by World War II (WWII) aircraft over the National Mall in Washington on May 8, and other similar f lyovers around the country in 2015, will be in the public interest as a way to commemorate our national achievements and sacrifice during WW II.”

In addition to this petition for exemption, the CAF submitted two similar petitions for other exper imental aircraft: o ne for four

- engine WWII era bomber airplanes (Docket No.

FAA

- 2014

- 0482) and one for a P

- 38 two

- engine WWII aircraft (Docket No. FAA

- 2014

- 093 3 ). The CAF’s exemption request is to operate in the VE D ay event the exp erimental
aircraft detailed in these three petitions

, and other WWII aircraft that hold limited or
restricted airworthiness certificates

.

The petitioner submitted a defined r oute of f light and the following information, which it
states would pr ovide an equivalent level of safety for the requested operations:

1. The period of overflight and time to egress is extremely limited:

The petitioner states that t hanks to the cooperation of the interagency working group and participation of the Gene ral Aviation Operations Branch in the Flight Standards Service ( AFS

- 830 ) in selecting this route, the total distance of densely populated area overflight is only three miles and the period of overflight for each airplane is only 60

- 90 seconds. This very li mited overflight is an overwhelming mitigation of potential risk associated with mechanical problems. It is extremely rare for any mechanical malfunction to progress to significant failure in a minute and a half. Moreover, at the most distant point during the flyover (approximately Independence Avenue and 3rd St.) the egress to the outbound river route is only

one mile, or about 20

- 30 seconds.

2. Similar aircraft operate with limited certificates:

The petitioner believes that t he various s ingle

- e ngine e xp erimental a ircraft

, subject of this request, are of comparable make, construction, and materials as the WW II era fighters certificated in the limited category. The window for requesting the limited certification was relatively brief in relation to when th e thrust to preserve them gained momentum and more importantly, the significance of the restrictions on experimental aircraft w ere not anticipated in the era immediately
after the war. The petitioner states that these aircraft were certificated in the3

expe rimental category because the owners did not make appropriate applications,
not because the aircraft were less safe and less reliable than those aircraft that were certificated in the limited category.

3. The petitioner states that p articipating p ilots ha ve specific FAA authorizations to operate these aircraft:

The pilots must receive specific training , and a re examined in the specific model and receive a type rating or authorization to operate these aircraft.

According to the petitioner

, t hese addition al FAA requirements insure the pilots operating these aircraft are fully trained and q ualified.

4. The petitioner states that t he p ilots will be formation qualified in accordance with ( IAW ) n ational s tandards: The pilots will be qualified and holders of current Formation and Safety Team ( FAST ) credentials

- the FAA recognized formation credential for operations in “ waivered ” airspace.

5. The petitioner states that t he aircraft are maintained and inspected IAW FAA required

programs and that t he aircraft are maintained by FAA

- credentialed mechanics.

6. The petitioner believes that t he Washington Flight Standards District Office ( FSDO ) will be performing ramp inspections of these aircraft within two days of them participating in the flyover to verify airworthiness and compliance with Federal requirements.

On February 26, 2015

, the petitioner requested to add a British F.18 Spitfire to its petition
for relief

. The petitioner sta te s that t he mitigations of risk in the exemption request also

app ly to the Spitfire and establish the equivalent level of safety.

A summary of the petition was published in the Federal Register on February 11 , 2015

, ( 80 FR 7674 ). No comments were received.

The FAA’s analysis is as follows:

Historically, the FAA has denied broad petitions for exemption from § 91.319(c) on the basis that a grant of exemption would not be in the public interest. However, the FAA finds the event described in this petition to be a unique

, one time occurrence. On May 8, 2015, the celebrat ion of the 70th A nniversary of VE Day denotes a day of significance in
the demonstrated strength of American democracy and the spirit and sacrifice of the American people both at home and abroad

. As such, it is being commemorated in a unique way. Several m embers of Congress, in in a letter to FAA Administrator Hu e rta, stated they believe it is critical to use this anniversary as a time to remember and educate our nation's citizens about the sacrifices of so many Americans to protect our way of life
and the extraordinary efforts undertaken to preserve freedom here and abroad. It is their belief that a flyover by WW II aircraft over the National Mall in Washington , D.C. on May 8

, will be in the public interest. The FAA finds that the public interest is served by4

the educational and historic value of this single signature event in commemorating this significant milestone in history.

Additionally, given the nature of this public interest, this Grant of Exemption is limited to aircraft designed and ma nufactured to a U.S. government specification for operation during WW II, and to those aircraft originally designed, manufactured

, and accepted for use by the military services of the U.S.

The FAA finds merit with the petitioner’s request including simila r aircraft of the same vintage and equipment that have been certified in the limited category (issued in
accordance with Civil Air Regulation, Part 9 ( CAR 9 ) )

. Section 9

. 10(a), Requirements for Issuance, states, in pertinent part, “ a [limited ] type certifi cate will be issued if the Administrator finds (a) the aircraft is of a make and model whi ch was originally designed
and h as been manufacture d for, and accepted for use and by, the military services of the
United States for combat or other specialized purp oses. ” On February 26, 2015, the petitioner requested to add a British F.18 Spitfire to the list of aircraft to be included in the petition. Since the Spitfire was manufactured by a British company, it would not have qualified for the issuance of a limited category certificate under CAR 9. The mitigating
factor that aircraft of the same vintage have been certified in the limited category does not apply to the F.18 Spitfire. Consequently, the F

- 18 Spitfire cannot be considered using the supporting safety bas is the petitioner used as it relates to limited category aircraft and therefore is not subject to the relief provided in this grant of exemption. If the petitioner wishes to provide other documents or data that would support an equivalent level of safety finding , the petitioner may petition for an amendment to this decision

.

The FAA notes that not all former military aircraft require experimental airworthiness
certificates or have the same level of risk. The fact that an aircraft has an experimental
exhib ition or limited airworthiness certificate does not mean that the risk level is equivalent for each aircraft holding these types of certificates

. The FAA evaluates each petition on its own merit to ensure that an appropriate level of safety is maintained

r elative to the proposed operation(s)

.

The proposed VE Day flyover of Washington, DC , is in remembrance and recognition of a significant historical event, and as such, the proposed route of flight over the National Mall and adjacent to the National World W ar II M emorial cannot be recreated elsewhere

. This exemption to allow this flyover require s a n extensive level of coordination and oversight

, well above that normally required for a flyover or other aviation event or air show

. Specifically

, issues related to specif ied a irports, routes, minimum safe altitudes, holding restrictions, verifiable aircraft performance data, and specified pilot training,
must be pre

- coordinate d in order to prevent conflicts at later points in the planning for
this event. In additi on, the aircraft must be maintained and inspected in accordance with any FAA type certificate if issued for the model of air craft, and as required by the Operating Limitations associated with each aircraft’s airworthiness certificate

. Therefore, meetings w ith key stakeholders have been accomplished or planned in order to minimize the potential or future problems, properly address safety issues, and establish a specific
mandated r oute s tructure

.5

F ormative meeting s were held between the FAA and event organi zers on Nov ember 4 and 13, 2014

, to ensure that the requirements of all the various regulatory agencies and
FAA offices were coordinated

. These meetings addressed i ssues such as (1) if regulatory agencies would permit this event, (2) the appropriate level of oversight, (3) the FAA FSDO level of involvement, oversight of crew members, and aircraft (4) FAA attendance

at the crew briefing ; (5 ) l aw e nforcement o fficer (LEO ) requirements for verification and inspection of crew and aircraft

, (6) the addition of a dditional a ircraft types ; and ( 7 ) air traffic control ( ATC ) coo rdination, for the specific route of flight, minimum altitude, time of day, and the need for a route proving flight.

The attendees at the meetings included :

 FAA A ir Traffic Organization (A TO ) , Potomac TRACON, and DCA Tower;  FAA Security;  National Capitol Security;  FAA Flight Standards H eadquarters (AFS

- 800);  FAA FSDO (Washington and Baltimore);  Commemorative Air Force (petitioner)

A progress meeti ng was held on December 10, 2014

, and included discussions centered on TSA and security waivers progress. Additional coordination meetings will follow on a monthly basis

.

The major component in establishing an equ al level of safety for these proposed flig hts is

t he route of flight. Limiting exposure of overflights of experimental aircraft to the

persons on the surface is critical because these aircraft do not meet the same airworthiness standards as standard category aircraft. Consequently, this exemptio n will only be valid until May 31

, 2015

, for a one

- time flyover using the specified and agreed
upon route. The FAA has determined that a one

- time overflight c an be accomplished with an equal level of safety, includ ing a short overflight of densely populate d areas subject to
the following considerations :

• Designated and approved route of flight to include verifiable performance based
minimum safe altitudes over the Potomac and Anacostia rivers, and the area surrounding the National Mall.

• T he approved route of flight will specify minimum altitudes and minimize time

over or near densely populated areas to less than two minutes, with further risk mitigations during this period as outlined below.

• Incorporation of and compliance with the pilot, crew, and aircra ft requirements, experimental airplane airworthiness standards

, and those additional conditions
and limitations imposed as a condition of this exemption.

• Incorporation of and compliance with the risk mitigat ion strategies

, and
conditions and limitations described in this document.6

• Accepted emergency routes and procedures to allow aircraft to egress to sparsely populated area

.

The petitioner requested relief to allow specific single engine experimental aircraft to
operate over the National Mall in Was hington on May 8, and in other similar flyovers around the country in 2015

. Since the FAA determined that each event must be analyzed on its own merit, this exemption applies only to the VE Day flyover event

. Additionally, as explained above, the requested addition of the F.18 Spitfire cannot not be considered without additional information from the petitioner

. Consequently, this is a partial grant of exemption.

T he findings, determinations, and risk mitigating strategies discussed and presented in
this pa rtial grant of exemption are only applicable to this specific CAF petition and are
based on the petitioners supporting statements , including but not limited to the geography of the area, the specific aircraft model , series, specific verifiable performance metrics, the nature of the intended flight, and the scope and detail of the safety review that was conducted to support this event

.

The FAA’s Decision:

In consideration of the foregoing, I find that a partial g rant of exemption would be in the public i nterest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, delegated to me by the Administrator, the Commemorative Air Force is granted an exemption from 14 CFR § § 91.319(c) and 91.9(a) to the extent necessary to

c onduct the proposed flyover subject to the following conditions and limitations below.

Conditions and Limitations:

1. This e xemption applies only to makes/models P

- 39, P

- 40, P

- 47, P

- 63, FG

- 1D,

FM

- 2, F4U, F6F, F8F and SB2C s ingle

- e ngine e xperimental a irc raft and pilots that meet and comply with the all conditions and limitations expressed here in this
Partial Grant of Exemption

.

2. This exemption is valid only for those s ingle

- engine e xperimental a ircraft that

were originally designed

, manufactured for , and accepted for use

, by the military
services of the United States

.

3. T he aircraft must be maintained and inspected in accordance with any FAA type
certificate

, if issued for the model of aircraft

, and as required by the o perating

l imitations associa ted with each aircraft’s airworthiness certificate

.

4. At least 30 days in advance of the proposed event, t he CAF must provide the Washington FSDO and AFS

- 800 with the following information for review and

concurrence:

a. A list of the experimental aircra ft , including aircraft registration number, participating in the event.
b. A map or other acceptable depiction(s) of the proposed route.7

c. A list of participating pilots

, including certificate type and number

.

5. All aircraft receiving relief under th is exemption must remain over sparsely populated or open water areas during ingress and egress to the portion of the approved route that includes densely populated areas

.

6. All operations under this exemption require r oute of f light and m inimum a ltitud e acceptance from the General Aviation and Commercial Division of the Flight Standards Services ( AFS

- 8 0 0 ) , Air Traffic Control and the Washington FSDO. The minimum altitude for the proposed operations must be the greater of:

a. 1000 feet above the highe st obstacle within 2000 feet (minimum horizontal separation may be waived at the discretion of the jurisdictional

FSDO ; minimum height above obstacles may not be waived), or ; b. The minimum altitude from which the aircraft c ould glide clear of densely

po pulated area s to a sparsely populated area for an emergency landing in the event of a powerplant failure

, including a 90

- degree change of heading. For each participating aircraft receiving relief, the petitioner must
calculate aircraft glide performance us ing U

. S

. military flight manual or certified flight test data. The petitioner must provide t his data to the Washington FSDO and/or AFS

- 800 up on request.

7. Weather minima required: Participating aircraft must observe at least a 2

, 000

- foot ceiling and 5 s tatute miles flight visibility at all points on the route. If at any time the weather deteriorates below this level, flight over the densely populated area of the route is prohibited until weather conditions allow.

8. Day operations only.

9. No person o ther than those listed as and qualified as p ilot

- in

- command or s econd

in

- command (SIC) (for those aircraft that require an SIC) , as listed in the organizer ’ s security wavier and submitted to the FSDO

, may occupy any pilot
station

, or manipulate the flight controls at any time during the event

.

10. All participating pilots must hold at least a valid FAA Commercial Pilot
Certificate

, in addition to any specific aircraft authorizations and ratings required.

11. All participating pilots must hold, at a minimum, a valid FAA second

- class
medical certificate.

12. Within the 90 days preceding the event, all pilots must have completed at least three takeoffs and landings , to a full stop, in the specific type aircraft they will be operating under this exemption.

13. All par ticipating pilots must be qualified in accordance with any terms and conditions imposed by the organizer and any Certificate(s) of Waiver issued in conjunction with this event.8

14. All participating pilots must be listed on and adhere to any standard and special provision s of any 7711

- 1 Certificate of Waiver that may be issued in conjunction
with this event.

15. All participating pilots ’ train ing

, qualifications , and currency , as required by regulation or this exemption, must be verified b y th e organizer prior to the eve nt

.

16. Except in an emergency

, aerobatic operations are prohibited.

17. Formation flight is limited to a maximum of eight aircraft. All formation pilots
must hold a current formation flight authority

.

18. Formation flight under this exemption is limited to only those aircraft where it is
verified by the petitioner or organizer, in advance

, that all participating pilots in
th e formation have completed formation training, are current in accordance with industry standards , and hold an approved formation card.

19. All participating pilot records (electronic copies are acceptable) must b e maintained by the organizer , retained for at least 10 days following the event, and made available to the Washington FSDO for inspection upon request

.

20. For a ll participating aircraft , t he petitioner must present t he m aintenance records for all preventative and scheduled maintenance perfor med in the last two (2) years from the date of the scheduled flyover to the organizer

. These records must be retained for at least 10 days following the event and made available to the Washington FSDO upon request

. These records must include :

a. Maintenance program type and signoffs to validate the airworthiness
of the aircraft for the last two ( 2 ) years. b. Listing of Airworthiness D irectives with compliance method and
dates.

c. Aircraft o perating limitations maintenance program requirements.
d. Records of all major repairs and alterations performed on and still
utilized by the aircraft.

e. Listing of all owner produced parts with records of installations.
f. Qualifications and list of mechanics performing maintenance on the aircraft showing compliance with Title 14 CFR p ar t 65.

21. Bomb bay doors must remain closed over densely populated areas

.

22. Except in an emergency, fuel transfer and tank selection during the densely populated area overflight portion of the route is prohibited.

23. Any aircraft that experiences an abnormal condition or indication along the planned route of flight must immediately notify ATC and instead proceed along a route avoiding densely populated areas until landing.9

24. This exemption is valid only for the one

- time VE Day event. This exemptio n terminates immediately following the event , notwithstanding any rescheduling of
the event due to weather

.

This exemption issued in Washington, D.C., on March 10, 2015

, terminates on May 31

, 201 5

.

//s//
John Barbagallo Acting Deputy Director, Flight Standards Service