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 from § 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) the FAA has issued a grant of exemption in 

circumstances similar in all material respects to those presented in your petition. The FAA 

has found that flight training is the cornerstone for safe flight operations. The FAA promotes 

training as evidenced by the 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 Stallion 
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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. 6811; 

• the reasons stated by the FAA for granting the enclosed Grant of Exemption 

No. 6811 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 recurrent training in its B-25 Mitchell aircraft

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. Persons 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 with 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 limitations for the aircraft used for flight training 

under this exemption.
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c. A requirement that pilots receiving instruction conducted under this exemption 

must log the flight time in a pilot logbook or training record. Each entry must 

cite the appropriate Delaware Aviation Museum Foundation syllabus and 

lesson taught during that flight.

d. The training manual must identify the name and contact information for the 

individual acting as chief instructor for Delaware Aviation Museum 

Foundation operations under this exemption. 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 ratings.

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 training 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-25 military technical manuals.

7. The person providing instruction in the B-25 must:

a. Hold at least a commercial pilot 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; and
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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 holds only a limited 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 § 91.315. The explanation of the 

significance of a limited 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 limited category 

airworthiness certificated aircraft manufacturing standards. In contrast, 

standard category airworthiness certificated aircraft are manufactured to FAA

approved standards, including standards 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 is 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 accordance 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 jurisdictional 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 earth 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;
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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 failure, including the turbocharger or 

supercharger components, that causes damage to any engine, structure, 

cowling, or 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 minimum ceiling of not less than 1,500 feet 

above ground level (AGL), unless the flight is conducted under instrument flight 

rules (IFR) or special visual flight rules (VFR).

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

except for the following:

a. The 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 exemption 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.
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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