P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

October 4, 2010

DOT Docket Management System

400 7th Street, SW, Room PL 401

Washington, DC 20591

Dear Sirs:

Reference: Small “N” Numbers, FAA-2000-8177, Exemption No. 5019

EAA (Experimental Aircraft Association) is the world leader in recreational aviation. With an 

international membership of 170,000 people in more than 112 nations, EAA brings together 

aviation enthusiasts, pilots and aircraft owners who are dedicated to the continued growth of 

aviation, the preservation of its history and a commitment to aviation’s future. EAA programs, 

activities and events are known throughout the world for Preserving the heritage of aviation, 

Promoting access to flight, Protecting the right to fly, Preparing the future of aviation, and of our 

Passion for aviation safety and education.

This petition for exemption request is being submitted for two reasons:

1. To renew the current exemption, No. 5019, for another three-year term. The conditions 

and reasons regarding public interest and safety, presented in the original petition dated 

October 28, 1988, and the most recent renewal request dated August 16, 2000, November 

22, 2002, October 29, 2004 and August 15, 2006 remain unchanged. EAA understands 

this renewal request is being submitted one year early and if granted, the new three-year 

termination date would be February 28, 2014.

2. EAA seeks to add §45.22(b)(2) to this exemption.

Several vintage military aircraft use a numbering system on the vertical tail of the aircraft 

to identify either the aircraft designation and/or the unit identification number. 

Examples, as shown in the below pictures, include the Navy N3N-3, the Navy N2S-5, the 

Navy N3N, and several other aircraft.

a. The existing exemption, No. 5019, allows operators/owners to restore these 

vintage aircraft to their original authentic marking configurations by which each 

aircraft was know during their military days. 

b. This effort to restore aircraft to their original marking configurations is being 

hampered by §45.22(b)(2) “It displays no other mark that begins with the letter 

“N” anywhere on the aircraft.”

c. EAA is seeking to have Exemption No. 5019 modified to include an exemption 

to §45.22(b)(2). This addition would allow aircraft to be restored to their original 

military marking configuration, including the “N” aircraft designation or unit 

identification number on the vertical tail surfaces.

d. This request to modify the existing Exemption is in the same public interest and 

safety as presented by this association in the original petition dated October 28, 
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

1988 through the most recent renewal request dated August 16, 2006, and in 

paragraph 1, above.

e. Navy N3N-3. Example of a “N” type of authentic marking configuration.

f. Navy N2S-5. Example of an “N” type of authentic marking configuration.
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

g. Navy N3N. Example of an “N” type of authentic marking configuration.

 

h. The other primary concern is that for several years the U.S. Navy has only been 

marking their aircraft with the word “Navy.” This is a singular word that begins 

with the letter “N” that is marked on the fuselage of the aircraft. 

i. UH-1N Huey Helicopter. Example of an “N” type of authentic marking 

configuration.
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

ii. TH-47 Helicopter. Example of an “N” type of authentic marking 

configuration.

iii. T-28 airplane. Example of an “N” type of authentic marking 

configuration.
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

iv. T-45 airplane. Example of an “N” type of authentic marking 

configuration

v. T-44 King Air airplane. Example of an “N” type of authentic 

marking configuration
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

As shown above there are several examples that clearly show authentic aircraft markings that 

begin with the letter “N”. Therefore, EAA requests the following two actions be taken involving 

FAA Exemption No. 5019, DOT Docket No. FAA-2000-8177:

1. This exemption be changed to allow the use of unique aircraft markings that begin with 

the letter “N” if it is applicable to that particular aircrafts’ military heritage (Exemption 

from §45.22(b)(2)).

2. This exemption be renewed for an additional three years, with a new expiration date of 

February 28, 2014. 

This exemption continues to be in the public interest and safety.

For questions concerning this renewal request, contact Bill Fischer, EAA Executive Director 

Warbirds of America 920-426-4874, bfischer@eaa.org or the undersigned at 920-426-6522, 

rhansen@eaa.org

Sincerely,

Randy Hansen

EAA Government Relations Director