Exem ption 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 Ad m inistration (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-E2

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 ba lloon 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 exem ption 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 .