April 1 0 , 2012 TO: US Department of Transportation The Docket Management System, Room PL 401 400 7 th Street, SW Washington, DC 20591

- 0001

PETITION FOR EXEMPTION FROM THE FEDERAL A VIATION REGULATION
PART 91.531 TO PERMIT OPERATION OF LARGE AIRCRAFT DESIGNED
WITH ONE PILOT STATION AND CERTIFICATED WITH AN EXPERIMENTAL

– EXHIBITION AIRWORTHINESS CERTIFICATE

PETIT IONER :
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.orgFAR 91.531 Page 2 of 7 E xemption Petition April 1 0 , 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 a n Experimental

– Exhib ition airworthiness certificate without a pilot who is desig nated as second in command of that airplane.

REASON FOR PETITION

EAA and its members have been at the forefront of aeronautical
advancements , preservation, a nd presentation since the organization was
founded in 1953. EAA requests a n exemption from Tit le 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 a re designed and flown with only one pilot , at one pilot station. While some aircraft a re designed to
accommodate additional non

- pilot crewmembers , several designs a re single seat
aircraft and ha ve no provisions for any additional crewmembers. Because thes e
aircraft are not designed for , operated with, or equipped with provision s for a n additional pilot, the requirements of 14 CFR Part 91 Section 531 (91.531) cannot
be met

.FAR 91.531 Page 3 of 7 E xemption Petition April 1 0 , 2012

Granting this exemption will allow continued operation of these rare and unique aircraft. All are n ational 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 air craft promote avi ation and military history. They p rovide 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

exemp tion should be approved.

INTEREST OF THE PETITIONER

Warbirds of America (WOA) , a 501(c)(3) non

- profit association, has a n association goal of promot ing and encourag ing 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 regulatio n to its members. Examples of affected aircraft are the Douglas AD

1 Skyraider, the Grumman OV

- 1 Mohawk, the MiG

- 15/17, and the NorthFAR 91.531 Page 4 of 7 E xemption Petition April 1 0 , 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) n on - 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 Vin tage 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. EAAFAR 91.531 Page 5 of 7 E xemption Petition April 1 0 , 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 appl ied in the operation of large , Experimental

– Exhibition aircraft . The se aircraft are maintained and inspected
in acco rdance with FAA Experimental

– Exhibition Operating Limitations , iss ued by the FSDO in the operator’s area of operation

. T hese aircraft are operated in
accordance wi th the respective aircraft manufacturer’s operator’s manual, their respective Operating Limitati ons, and sound safety practices, therefore ensuring
that an equivalent level of safety is maintained.

PUBLIC INTEREST I SS UES

The FAA has continually permitte d 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 th ese rare aircraft fr om 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
l oses an opportunity to learn of the sacrif ices of so many of this nat ion’s military
aviators.FAR 91.531 Page 6 of 7 E xemption Petition April 1 0 , 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) de finition “ ... if that aircraft is designed for and type certificated with only one pilot station

.. . ”
 The exemptio n 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 approv al 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 AmericaFAR 91.531 Page 7 of 7 E xemption Petition April 1 0 , 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

- 6 103, rhansen@eaa.org