April 10, 2012

TO: US Department of Transportation

The Docket Management System, Room PL 401

400 7th Street, SW

Washington, DC 20591-0001

PETITION FOR EXEMPTION FROM THE FEDERAL AVIATION REGULATION 

PART 91.531 TO PERMIT OPERATION OF LARGE AIRCRAFT DESIGNED 

WITH ONE PILOT STATION AND CERTIFICATED WITH AN EXPERIMENTAL 

– EXHIBITION AIRWORTHINESS CERTIFICATE

PETITIONER: 

Bill Fischer 

Executive Director

EAA Warbirds of America (WOA) 

P.O. Box 3086 

Oshkosh, WI 54903-3086 

920-426-4874

bfischer@eaa.org

Alternate Petition Contact:

Randy Hansen 

Government Relations Director

Experimental Aircraft Association, Inc. (EAA) 

P.O. Box 3086 

Oshkosh, WI 54903-3086

920-426-6103

rhansen@eaa.org
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Exemption Petition

April 10, 2012 

PETITION SUMMARY

This petition seeks an exemption from the Federal Aviation Regulations 

(FARs) 91.531 to permit the operation of large aircraft designed for one pilot 

station and possessing an Experimental – Exhibition airworthiness certificate

without a pilot who is designated as second in command of that airplane. 

REASON FOR PETITION

EAA and its members have been at the forefront of aeronautical 

advancements, preservation, and presentation since the organization was 

founded in 1953. EAA requests an exemption from Title 14, Code of Federal 

Regulations (14 CFR) 91.531 to permit operation of aircraft over 12,500 pounds 

gross weight, designed for one pilot station and possessing an Experimental –

Exhibition airworthiness certificate. These aircraft are designed and flown with 

only one pilot, at one pilot station. While some aircraft are designed to 

accommodate additional non-pilot crewmembers, several designs are single seat 

aircraft and have no provisions for any additional crewmembers. Because these 

aircraft are not designed for, operated with, or equipped with provisions for an 

additional pilot, the requirements of 14 CFR Part 91 Section 531 (91.531) cannot 

be met.
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Exemption Petition

April 10, 2012 

Granting this exemption will allow continued operation of these rare and 

unique aircraft. All are national treasures. These aircraft are typically operated 

under the provisions of an Experimental – Exhibition Airworthiness Certificate

and issued Operating Limitations. They do not require a traditional standard 

category aircraft type rating. These aircraft promote aviation and military history. 

They provide the general public an opportunity to see the aircraft associated with 

some of our nation’s historic moments. These aircraft educate the public, and 

serve to honor the sacrifices of so many of our nation’s finest.

Clearly, when considering the educational and historical goals in operating 

these vintage aircraft, as well as the high level of crew experience and aircraft 

maintenance involved, the concerns of FAR 91.531, are not an issue and this 

exemption should be approved.

INTEREST OF THE PETITIONER

Warbirds of America (WOA), a 501(c)(3) non-profit association, has an 

association goal of promoting and encouraging the preservation and safe 

operation of ex-military aircraft, better known as Warbirds. These wonderful 

aircraft are an important part of our aviation heritage. Please join us in our efforts 

to “Keep ‘Em Flying!”. WOA , is particularly concerned regarding the impact of 

this regulation to its members. Examples of affected aircraft are the Douglas AD1 Skyraider, the Grumman OV-1 Mohawk, the MiG-15/17, and the North 
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Exemption Petition

April 10, 2012 

American F-86. This list is not all inclusive. This exemption would affect those 

aircraft weighing over 12,500 pounds issued an airworthiness certificate in 

Experimental - Exhibition category. WOA members are passionate about 

preserving, as well as presenting, the rich aviation heritage these unique aircraft 

possess.

EAA, a 501(c)(3) non-profit association, is the world leader in recreational 

aviation. With an international membership of 176,000 individuals, 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. These efforts are made possible through massive 

volunteer involvement in support of the organization, as well as EAA's global 

network of nearly 1,000 local Chapters and EAA’s specialized Vintage Aircraft

Association (VAA), Warbirds of America (WOA), and International Aerobatic Club 

(IAC) divisions.

SAFETY ISSUES

The safety of its pilots, members and the general public is a fundamental 

concern of EAA and its pilot members as they prepare for flight operations. EAA 
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April 10, 2012 

recognizes that the FAA, EAA members, and the general public must be 

confident that a level of safety, equivalent to what would be expected in an 

aircraft certified in the Standard Category, is applied in the operation of large, 

Experimental – Exhibition aircraft. These aircraft are maintained and inspected 

in accordance with FAA Experimental – Exhibition Operating Limitations, issued 

by the FSDO in the operator’s area of operation. These aircraft are operated in 

accordance with the respective aircraft manufacturer’s operator’s manual, their 

respective Operating Limitations, and sound safety practices, therefore ensuring 

that an equivalent level of safety is maintained.

PUBLIC INTEREST ISSUES

The FAA has continually permitted and has actively encouraged the 

operation of these large, Experimental – Exhibition aircraft for the purpose of 

demonstrating their unique flight and historic characteristics to the public. FAR 

91.531, per a recent interpretation by the FAA, prevents these rare aircraft from 

being flown and presented to the public. Therefore, the public is not afforded the 

opportunity to witness and learn about our rich aviation heritage. The public 

loses an opportunity to learn of the sacrifices of so many of this nation’s military 

aviators.
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April 10, 2012 

DESCRIPTION OF THE EXEMPTION RELIEF SOUGHT

This petition seeks an exemption from the Federal Aviation Regulations 

(FAR) to permit the operation of large aircraft designed for one pilot station and 

possessing an Experimental – Exhibition airworthiness certificate without a pilot 

who is designated as second in command of that airplane. WOA is requesting an 

exemption to the following FAR’s:

• 14 CFR 91.531(b): 

• Paragraph (b) definition “... if that aircraft is designed for and 

type certificated with only one pilot station...” 

 The exemption will allow the existing 91.531(b) definition 

to read: “... if that aircraft is designed for or type 

certificated with only one pilot station...”

The immediate approval of this petition for exemption will permit the 

continued operation, preservation, and presentation of these historic aircraft –

these national treasures.

Dated: April 10, 2012

Petitioner:

Bill Fischer

Executive Director

EAA Warbirds of America
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Exemption Petition

April 10, 2012 

PO Box 3086

Oshkosh, WI 54903-3086

(920) 426-4874, bfischer@eaa.org

Alternate petition contact:

Randy Hansen

Government Relations Director

Experimental Aircraft Association (EAA)

P.O. Box 3086

Oshkosh, WI 54903-3086

(920) 426-6103, rhansen@eaa.org