AFS

- 13

- 011

- E March 20, 2014

Exemption No. 10959 Regulatory Docket No. FAA

- 20 11

- 0656

Mr. Randy Hansen
Government Relations Director Experimental Aircraft Association
P.O. Box 3086 Oshkosh, W I 54903

- 3086

Dear Mr. Hansen:

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 Ba sis for Our Decision
By letter dated June 17, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of Experimental Aircraft Associatio n (EAA) for an exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) to the e xtent n ecessary to allow initial type

rating flight training for compensation and hire in EAA’s Boeing B

- 17, N5017N, and Boeing
B

- 25, N10V, both limited category civil aircraft. Exemption No. 10356 expired on September 30, 2013. Therefore, we will treat your request as a new petition.

In your petition, you indicate that 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 c ause 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 EAA.

The FAA has issued a grant of exemption in ci rcumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10205 (copy enclosed), the FAA2

found that the aircraft operated by Texas Aviation Hall of Fame (TAHF) are certificated to the standards required fo r the limited category.

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. 10205;

• the reasons stated by the FAA for grantin g the enclosed Grant of Exemption
No. 10205 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision
The FAA has modified and supplemented the conditions and limitations of EAA’s previous Exemption No. 1035 6 to better define the intent and add more oversight functions. Please note that the conditions and limitations included with an exemption are not based on specific regulations

, but are the FAA’s means of ensuring an equivalent level of safety. This may necessitate limitations that go beyond the established regulations due to the fact that the proposed operation is, by its need for an exemption, outside the normal regulatory structure.

Limitation No. 1 was added to describe which specific aircraft are co vered by the exemption.

Limitation Nos. 2 and 3 were added to define the activity permitted under this exemption, and to define requirements for persons receiving flight instruction in the aircraft identified in
Limitation No. 1.

The training syllabus an d chief instructor requirements identified in Limitation Nos. 4 and 5 will allow the FAA to be aware of the scope of the training activity under the exemption, and will add some assurances about the qualifications of the chief instructor employed by EAA.

Limitation Nos. 6 through 1 3 originates with the FAA’s findings through similar grants of exemptions, for certain educational and historical flights operated for compensation or hire. The exemption addressed pilot qualifications, airworthiness standards fo r the B

- 17 and B

- 25 and operational guidelines. We find that these limitations should also apply to the relief we are granting in this exemption.

Under the auth ority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has deleg ated to me, I hereby grant Experimental Aircraft Association an exemption from 14 CFR § 91.315 to the extent necessary to allow initial type

- rating flight training for compensation and hire in EAA’s Boeing B

- 17, N5017N, and Boeing B

- 25, N10V, subject to th e conditions and limitations described below.3

Conditions and Limitations

1. This exemption applies only to the aircraft listed belo w. All of these aircraft, when used for flight instruction under this exemption, must be in the operational control of
EAA

.

a. B

- 1 7

, N5017N ; and

b. B

- 25 N10V

.

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

- 17 or B

- 25 must meet the second

- in

- command (SIC) requirements
of § 61.55.

4. The privileges of thi s 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 each aircraft. The exemption holder must provide all students with a copy of the appropr iate syllabi prior to conducting training. The training manual must also contain the following information:

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

b. A description of operational limitations for each aircraft used for flight training under this exemption.

c. A requirement that p ilots receiving instruction under this exemption must log
the flight time in a pilot logbook or training record . Each entry must cite the appropriate EAA syllabus and lesson taught during that flig ht.

d. The t raining manual must identify the name and contact information for the
individual acting as chief instructor for EAA operations under this exemption. The individual named as chief instructor must meet all the following qualifications:

i. Hold a comme rcial pilot certificate or airline transport pilot certificate with instrument, category, and class ratings for all 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 where4

flight training will be conducted, and must be provided to any representative of the
FA A Administrator upon request:

a. A copy of the current exemption;

b. A copy of the EAA training manual, and

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

6. EAA must maintain its B

- 17 in accordance with the:

a. Maintenanc e requirements as specified in the B

- 17 type specification sheet, as amended;

b. FAA

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

c. B

- 17 military technical manuals.

7. EAA must maintain its B

- 2 5 in accor dance with the:

a. Maintenance requirements as specified in its B

- 2 5 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.

8. The pe rson providing instruction in the B

- 17 and B

- 2 5 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. H ave 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

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

- 17 or B

- 25, as applicable

.

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

, the significance of the airworthin ess 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 compa red to a standard airworthiness certificate must include at least the following information:5

a. The FAA has not established nor has it approved limited category airworthiness certificated aircraft manufacturing standards. In contrast, standard category airwo rthiness 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. Ha s 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 iss ued 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

.

10. 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
fir e 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;

iii. Except for training, ea ch 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 malfunct ion, 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:6

i. Each exhaust system component fail ure, 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;

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

or corrosion and the method of repair; and

11. All flight operations must be conducted w ith 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 instrumental flight rule (IFR) or special visual flight rule (VFR).

12. 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 receivi ng flight instruction; and

c. Up to two additional people acting as pilot

- trainees who meet the requirements
of Condition No. 1 2 (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.

13. All 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 a n operable condition during the flight.7

14. 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 e xemption

.

The Effect of Our Decision

This e x e mp t ion t e r min a tes on March 31 , 201 6 , unless soon e r sup e rs e d e d or re s c inded.

Sincerely,

/s/

John Barbagallo Acting Deputy Director, Flight Standards Service