I'm no expert, but this sounds like a solution looking for a problem to me. Get your simulated warbird dogfight rides while you can, I guess.


FAA Considering Your Next Warbird Flight
By Glenn Pew, AvWeb Contributing Editor, Video Editor

The FAA is now taking comments prior to developing rules that would regulate your ability to fly in (or to fly) certain historic aircraft as a paying passenger, and the deadline to submit comments is nearing. Since the mid-1990s, the FAA has used its Living History Flight Experience (LHFE) policy to address the issue. That policy provides a channel for owner/operators of historic aircraft to conduct certain passenger flights for compensation. But the FAA says some proposed business models, like hands-on simulated aerial combat flights in vintage jet aircraft, fall outside the original scope and intent of LHFE policy. It is now evaluating its policy regarding those and other operations and is seeking public input.

Under LHFE, operators can apply for exemption from regulations that would otherwise prohibit certain passenger flights on certain vingage aircraft. But LHFE exemptions are limited by parameters that include the age, type and origin of the vintage aircraft and the type of operations to be conducted. The FAA would need to make regulatory changes to expand the range of operations allowed. That expansion could address whether non-flight crew paying passengers will be permitted on the pilot station during flight operations of these historic aircraft. It could also address whether aerobatic operations should be allowed, and with what altitude and weather limitations. Equipment requirements, pilot qualifications, maintenance and other factors are also potential areas where changes may be applied. Comments will be accepted before June 18.



Source:
http://www.avweb.com/avwebflash/news/faa_historic_aircraft_flight_compensation_rules_206768-1.html

Federal Register Notice:
https://www.federalregister.gov/articles/2012/05/22/2012-12383/living-history-flight-experience-lhfe-exemptions-for-passenger-carrying-operations-conducted-for#h-8

I have never been a fan or proponent of the FAA or any other government agency implementing further regulation on our flying activities. However, "we" (certain warbird operators) have pretty much done this to ourselves.

The LHFE was originally authorized by the FAA to allow museums to receive compensation in order to fly give rides to the paying in historic aircraft that were not certificated in the standard airworthiness category (experimental, experimental-exhibition, etc). For years there were no issues and it greatly benefited many museum, as well as the public who got to fly in Mustangs, B-17s, etc.

The problem started when operators started importing L-29s, L-39s, Mig, YAKs, AN-2s and the like, and started selling rides masked as "dual instruction". The acquisition costs were intially low, so a lot of those types of aircraft were impoprted and flying in the U.S. Unfortunately, the last 10 years have seen several mishaps in particluar with the L-29/L-39 series, many due to judgement or pilot error. The demographics of mishap pilots range from ultra experienced ex-fighter pilots, to Bonanza guys with big checkbooks that should never have been flying a jet, straight wing or otherwise.

In the actual instructions from our FSDO at least, the FAA specifically mentions that the LHFE is intended for WWII and similiar aircraft "not to include recently imported ex-Soviet Bloc aircraft, as they are not considered pertinent historic aircraft."

So I hate to say it, but we were given some leeway, we crashed a bunch of jets, killed folks, made very public high speed passes over heavily populated piers, and now it's going to affect everyone who's trying to get some sort of revenue from their warbirds.

Mike-