AFS-13-011-E

March 20, 2014

 Exemption No. 10959

 Regulatory Docket No. FAA-2011-0656

Mr. Randy Hansen

Government Relations Director 

Experimental Aircraft Association 

P.O. Box 3086

Oshkosh, WI 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 Basis for Our Decision

By letter dated June 17, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Experimental Aircraft Association (EAA) for an exemption from § 91.315 of 

Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow initial typerating 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 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 EAA.

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10205 (copy enclosed), the FAA 
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found that the aircraft operated by Texas Aviation Hall of Fame (TAHF) are certificated to the 

standards required for 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 granting 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. 10356 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 covered 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 and 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 13 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 for 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 authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA 

Administrator has delegated 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 the conditions and limitations described below.
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Conditions and Limitations

1. This exemption applies only to the aircraft listed below. All of these aircraft, when 

used for flight instruction under this exemption, must be in the operational control of 

EAA.

a. B-17, 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. 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-17 or 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 each 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 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 pilots 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 flight.

d. The training 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 commercial 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 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 
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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 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. Maintenance 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-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.

8. The person providing instruction in the B-17 and 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

c. Have accomplished within the previous 90 days, three takeoffs and three 

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 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:
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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.

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 

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;

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:
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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; 

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 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 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. 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. 12(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 an operable condition 

during the flight.
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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 exemption.

The Effect of Our Decision

This exemption terminates on March 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service