Exemption No. 10341 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

ROBERT E. HART Regulatory Docket No. FAA-2011-0494

 

for an exemption from 

§ 61.35(a)(2)(iii) of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION 

 By letter dated May 5, 2011, Mr. Robert E. Hart, 3019 North Ringwood Road, McHenry, 

Illinois 60050, petitioned the Federal Aviation Administration (FAA) on behalf of Megan 

Hart and Kaylin Hart for an exemption from § 61.35 of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would allow his daughters, ages 10 and 14, to 

be exempt from the minimum age requirement to take the knowledge test for a private pilot 

certificate. 

The petitioner requests relief from the following regulation:

Section 61.35(a)(2)(iii) prescribes, in pertinent part, that an applicant for a knowledge 

test must have a date of birth that shows the applicant meets or will meet the age 

requirement of this part for the certificate sought before the expiration date of the 

airman knowledge test report. 

The petitioner supports its request with the following information:

The petitioner states he has been encouraging his daughters’ interest in aviation by 

studying the material to gain the knowledge required to pass a private pilot knowledge 

test. Mr. Hart believes that this would be an incentive for his daughters to continue 

studying aviation material for their development of leadership skills, confidence, and 

discipline. 

AFS-11-302-E 
2

 A summary of the petition was published in the Federal Register on June 9, 2011 

(76 FR 33807). Seven comments were received. All seven of the comments were in 

support of Megan and Kaylin taking the knowledge test, even though the knowledge 

test would expire prior to their eligibility to take the practical test. 

The FAA’s analysis is as follows: 

The FAA finds that the applicant is required per the regulation to have a date of birth 

that shows the applicant meets or will meet the age requirements of this part for the 

certificate sought before the expiration date of the airman knowledge test. To be 

eligible to take the private pilot knowledge test would require the applicant to have 

reached her 14th birthday for a glider or balloon rating or her 15th birthday for a rating 

other than glider or balloon. This means that Megan Hart is eligible to take the 

knowledge test for a rating other than a glider or balloon on her next birthday. 

Kaylin Hart is not eligible for any knowledge test until her 14th birthday. 

The petitioner states that he and his daughters fully recognize the written results will 

expire prior to utilizing them with the practical test. This is, however, an 

accomplishment both have endeavored to complete as a team at a young age and 

lessons learned have far surpassed just aviation and provided them an opportunity to 

experience the rewards for hard work, diligence, and focus. 

Section 11.81 requires that a petitioner seeking an exemption must provide the reasons 

why granting the exemption would be in the public interest (14 CFR § 11.81). While 

Megan and Kaylin are to be commended for their hard work, diligence, and focus, the 

petitioner has not demonstrated that a grant of exemption would be in the public 

interest; that is, how it would benefit the public as a whole. 

The FAA’s Decision: 

 In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 40113 and 44701, 

delegated to me by the Administrator, the petition of Mr. Robert E. Hart for an exemption 

from 14 CFR § 61.35(a)(2)(iii) is hereby denied. 

Issued in Washington, D.C., on August 29, 2011. 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service .