AFS

- 13

- 405

- E September 30, 2013

Exemption No. 10872 Regulatory Docket No. FAA

- 2013

- 0506

Mr. Larry D. Kelley
Delaware Aviation Museum Foundation
21513 Rudder Lane Georgetown, Delaware 19947

Dear Mr. Kelley

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 June 5, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of Delaware Aviation Museum Foundation for an exemption fr om § 91.315 of
Title 14, Code of Federal Regulations (14 CFR)

. That exemption, if granted, would allow Delaware Aviation Museum Foundation to provide pilot training flights in its Limited Category North American B

- 25 (N9079Z) aircraft for compensation or hire.

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Delaware Aviation Museum
Foundation.

In Grant of Exemption No. 6811 (copy enclosed) t he FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. T he FAA
has found that flight training is the corner stone for safe flight operations. The FAA promotes training as evidenced by th e requirements for the flight review, the FAA sponsored pilot proficiency award program, and the many FAA

- sponsored safety seminars provided by the safety program managers found in all Flight Standards District Offices (FSDOs) located throughout the United States. The FAA, therefore, found a grant of exemption to The Stallion2

51 Corporation would provide a segment of the aviation community with flight instruction that might not otherwise be available.

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 6 811 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption
No. 6 811 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113

, and 44701, which the FAA Administrator has delegated to me, I hereby grant Delaware Aviation Museum Foundation , an exemption from 14 CFR § 91.315 to the extent necessary to allow the Delaware Aviation
Museum Foundation to provide initial and recurre nt training in its B

- 25 Mitchell air craft certificated as limited category civil aircraft, subject to the conditions and limitations
described below.

Conditions and Limitations

1. This exemption applies only to the aircraft Delaware Aviation Museum
Foundation Limited Category North American B

- 25

, N9079Z

. This aircraft, when used for flight instruction under this exemption, must be in the operational control
of the Delaware Aviation Museum Foundation

.

2. The privileges of this exemption are limited to flight training intended for the purpose of recurrent pilot training

, proficiency, or training for an FAA certificate

, rating , or authorization

.

3. P ersons receiving flight training under this exemption must hold at least a private pilot certificate with applicable category and class ratings. Persons receiving flight
instruction in the B

- 25 must meet the second

- in

- command (SIC) requirements of § 61.55

.

4. The privileges of this exemption may only be exercised under the auspices of a training manual that identifies specific syllabi for all ground and flight training
activities conducted for the aircraft. The exemption holder must provide all
students wi th a copy of the appropriate syllabi prior to conducting training. The training manual must also contain the following information:

a. A syllabus of each training activity conducted under this exemption for the
aircraft.

b. A description of operational limita tions for the aircraft used for flight training under this exemption.3

c. A requirement that p ilots receiving instruction conducted under this exemption must log the flight time in a pilot logbook or training record . Each entry must cite the appropriate Delaw are Aviation Museum Foundation syllabus and lesson taught during that flight.

d. The t raining manual must identify the name and contact information for the
individual acting as chief instructor for Delaware Aviation Museum
Foundation operations under this exe mption. The individual named as chief instructor must meet all the following qualifications:

i. Hold a commercial pilot certificate or airline transport pilot certificate with instrument, category, and class rating for the aircraft operated under this exemption.

ii. Hold a certificated flight instructor ( CFI ) certificate with appropriate category and class rating s

.

5. The following documents must be provided by the exemption holder to the Flight
Standards District Office ( FSDO ) with geographic responsibility for the airport where flight training will be conducted, and must be provided to any representative of the FAA Administrator upon request:

a. A copy of the current exemption;

b. A copy of the Delaware Aviation Museum Foundation tr aining manual, and;

c. The qualifications of each instructor conducting training under the terms of the exemption.

6. Delaware Aviation Museum Foundation must maintain its B

- 25 in accordance
with the:

a. Maintenance requirements as specified in its B

- 25 operating limitations, as amended;

b. FAA

- approved maintenance inspection program that meets the scope and
content of § 91.409(e), (f)(4), and (g) ; and

c. B

- 2 5 military technical manuals.

7. The person providing instruction in the B

- 25 must:

a. Hold at least a commercial pilo t certificate with an aircraft multiengine land rating, an airplane instrument rating, the appropriate type rating , and CFI certificate with airplane multiengine rating ;

b. Have at least a total of 1 ,500 hours of aeronautical flight experience, including
25 hours as pilot

- in

- command in the type aircraft; 25 takeoffs and 25 landings
in the type aircraft; and4

c. Have accomplished within the previous 90 days, three takeoffs and three landings to a full stop in the B

- 25

.

8. The exemption holder must inform anyone receiving flight instruction under this exemption that its aircraft hold s only a limited airworthiness certificate

, the significance of the airworthiness certificate as compared to a standard
airworthiness certificate

, and that the FAA h as authorized this flight under a grant of exemption from the requirements of § 91.315. The explanation of the significance of a limited airworthiness certificate compared to a standard airworthiness certificate must include at least the following informa tion:

a. The FAA has not established nor has it approved limited category airworthiness certificated aircraft manufacturing standards. In contrast, standard category airworthiness certificated aircraft are manufactured to FAA approved standards, including st andards addressing the design of the aircraft
and life

- limited parts;

b. Limited category airworthiness certificated aircraft are issued when the FAA
finds the aircraft

—
i. Has been previously issued a limited category type certificate and the
aircraft conforms to that type certificate; and

ii. To be in a good state of preservation and repair and i s in a safe operating condition.

c. Standard category airworthiness certificates are issued for an aircraft when the
FAA finds the

—
i. Aircraft has been built and maintained in a ccordance 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

.

9. The exemption holder must notify the jurisdic tional FSDO by written report, electronic mail, or facsimile, of any of the following occurrences within 24 hours. For the purpose of this section, “during flight” or “in

- flight” means the period
from the moment the aircraft leaves the surface of the eart h on takeoff until it touches down on landing.

a. Any of the following in

- flight occurrences:

i. Each in

- flight fire in any system or area that requires activation of any fire suppression system or discharge of a portable fire extinguisher;

ii. Each aircraft 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;5

iii. Except for training, each occurrence of in

- flight engine shutdown or propeller feathering and the reason for such shutdown or feathering;

iv. Any landing gear system or component failures or malfunctions, which require use of emergency or standby extension systems; and

v. Each malfunction, failure, or defect in any system or component that requires taking emergency action of any type during the course of any flight

. b. Any of the following in

- flight or ground occurrences:

i. Each exhaust system component fail ure, including the turbocharger or supercharger components, that causes damage to any engine, structure, cowling, o r components;

ii. Each failure of the propeller governing systems or feathering systems;
and

iii. Each failure or malfunction of the fuel system, tanks, pumps, or valves

.

c. Each failure or malfunction of the wheel brake system that causes loss of brake
control on the ground; and,

d. Each aircraft structure that requires major repair due to damage, deformation,

or corrosion and the method of repair.

10. All flight operations must be conducted with a minimum flight visibility of not
less than three statute miles and a minimu m ceiling of not less than 1,500 feet above ground level (AGL), unless the flight is conducted under instrument flight
rule s (IFR) or special visual flight rule s (VFR).

11. No other persons may be permitted aboard the aircraft during flight operations

, except for the following:

a. T he person acting as flight instructor;

b. The person who possesses at least a private pilot certificate with appropriate category and class ratings receiving flight instruction; and

c. Up to two additional people acting as pilot

- trainees who meet the requirements
of Condition No. 11 (b). Observers may be either a trainee (who is also enrolled in a course identified in the training manual for the same aircraft) or an employee of the exemp tion holder performing an official function such as instructional oversight.

12. The aircraft must have the equipment listed in § 91.205 (as applicable to the operation being conducted) and § 91.207

, and that equipment must be in an operable condition during the flight.6

13. 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

This exemption terminates on September 30, 2015

, unless sooner superseded or rescinded.

Sincerely,

/s/
John S. Duncan Director, Flight Standards Service

Enclosure