AIR-11-003-E January 31, 2011 Exemption No. 5019K Regulatory Docket No. FAA-2000-8177

Mr. Randy Hansen

Government Relations Director Experimental Aircraft Association

P.O. Box 3086 Oshkosh, WI 54903

Dear Mr. Hansen:

This letter is to inform you that we have granted your petition to extend Exemption No. 5019, as amended. This letter also explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated October 4, 2010, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of Experimental Aircraft Associ ation (EAA) and the Commemorative Air Force (CAF) for an extension of Exemption No. 5019, as amended. That exemption from §§ 45.25 and 45.29 of Title 14, Code of Federal Regulations allows members of the EAA and the CAF to operate historic military aircraft with registration marks that are smaller than those required by the regulations.

In your petition, you indicate 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 extension of the exemption would not set a precedent. Any delay in acting on this petition may be detrimental to EAA.

You asked to add § 45.22(b)(2) to this current extension of exemption. Having reviewed your request for an exemption from § 45.22(b)(2), your request is denied because an exemption is not necessary. It is the FAA’s position that Exemption No. 5019 allows for the use of an authentic military paint scheme on vintage military aircraft. Exemption No. 5019 states that “the petitioners shall maintain updated records for each member utilizing the exemption, including, for each aircraft, a photograph showing the historic paint scheme, the aircraft2

model and serial number, and the civil registration number (N-number).” Under Exemption No. 5019 “the petitioner shall provide for evaluation of each application to ensure that the aircraft utilizing the exemption have what they determine to be authentic military paint

schemes.”

Our Decision

The FAA has determ ined the justification for the issuance of Exemption No. 5019, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition.

In addition, the FAA has modified the conditions and limitations of Exemption 5019, as amended. This change is made to clarify the original content, further define the intent, and provide consistency to the safety-related aspects of the conditions and limitations. The

amended conditions and limitations are as follows:

1. For the exemption to be applicable to a particular aircraft the owner must be a member of CAF or EAA and qualified to use the exemption according to the procedures that CAF and EAA establishes to implement this exemption.

2. A copy of the exemption and the documentation provided by CAF and EAA organizations to each member who requests use of the exemption shall be kept in the aircraft and provided to the FAA upon request by the operator of the aircraft.

3. CAF and EAA shall maintain updated records for each member utilizing the exemption, including, for each aircraft, a photograph showing the historic paint scheme, the aircraft model and serial number, and the civil registration number (N-number.) CAF and EAA shall provide a duplicate of this information for each aircraft, and a certification that, in the opinion of CAF and EAA, the aircraft is painted with an authentic military paint scheme to, the FAA Airmen and Aircraft Registry office, Aircraft Regist ration Branch, AAC-250, P.O. Box 25082, Oklahoma City, Oklahoma 73125. The exemption shall not be valid for a particular aircraft until the information is received by the FAA.

4. The records established by CAF and EAA shall provide for evaluation of each application to ensure that the aircraft utilizing the exemption have what CAF and EAA determine to be authentic military paint schemes. Each aircraft covered by the exemption must be a make and model actually used by the military, or the civilian model, that is 20 years or older, painted in the military scheme.

5. CAF and EAAs records shall provide for re-application and qualification in the event of transfer of aircraft title or change to the military paint scheme; it shall also provide for notifying the FAA of any persons who have abused the exemption or3

failed to comply with its provisions, so that the FAA may act to terminate the exemption with respect to that person.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 5019, as amended, to February 28, 2015, unless sooner superseded or rescinded.

This letter must be attached to, and is a part of, Exemption No. 5019, as amended.

Sincerely,

/s/

Frank P. Paskiewicz Acting Director, Aircraft Certification Service