AFS-15-3341-E 

September 16, 2015 

 Exemption No. 6541O 

 Regulatory Docket No. FAA-2001-10876 

Mr. Mackenzie Dickson 

Government Advocacy Specialist 

Experimental Aircraft Association 

P.O. Box 3086 

Oshkosh, WI 54903-3086 

Dear Mr. Dickson: 

This letter is to inform you that we have extended Exemption No. 6541, as amended. It 

explains the basis for our decision, describes its effect, and lists the conditions and 

limitations, including the date it ends. 

The Basis for Our Decision 

By letter dated June 25, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Experimental Aircraft Association (EAA) for an extension of Exemption 

No. 6541N. That exemption from §§ 91.315, 91.319(a)(2), 119.5(g), and 119.21(a) of 

Title 14, Code of Federal Regulations (14 CFR) allows EAA to operate certain aircraft for the 

purpose of carrying passengers for compensation or hire for living history flight experiences 

(LHFE). 

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 extension of, and amendment to, the exemption 

would not set a precedent, and any delay in acting on this petition would be detrimental to 

EAA. 
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Please note that the conditions and limitations included with an exemption may not be 

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 because 

the proposed operation is, by its need for an exemption, outside the normal regulatory 

structure. In addition, the FAA may, when necessary, revise the conditions and limitations 

or require corrective action in order to adequately mitigate safety concerns and risk factors 

as they become known. 

The FAA is amending the exemption to include § 91.9(a) in Condition and Limitation No. 

19. Although the petitioner requested relief from 14 CFR §§ 91.319(a)(2), 91.315, 

119.5(g), and 119.21(a), to operate certain aircraft for the purpose of carrying passengers 

for compensation or hire on LHFE flights, the FAA has determined that certain conditions 

and limitations, as prescribed as part of the special airworthiness certificate issued for 

experimental or limited category aircraft, may preclude EAA from conducting operations 

pursuant to this exemption. Generally, the FAA issues a limitation that states that no 

person may operate the aircraft carrying persons or property for compensation or hire (see 

aircraft-specific operating limitations). This one limitation issued with the airworthiness 

certificate is the only limitation which the exemption from § 91.9(a) is applied. 

Therefore, the FAA finds that it is appropriate to exempt EAA from § 91.9(a) to the extent 

necessary to conduct operations pursuant to this exemption. Adherence to those conditions 

and limitations is required by pertinent parts of § 91.9(a) which prescribe that no person 

may operate a civil aircraft without complying with the operating limitations specified in 

the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise 

prescribed by the certificating authority of the country of registry. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 6541, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the 

FAA Administrator has delegated to me, I hereby grant Experimental Aircraft Association 

(EAA) an exemption from §§ 91.9(a), 91.315, 91.319(a)(2), 119.5(g), and 119.21(a) of 

Title 14, Code of Federal Regulations (14 CFR), to allow EAA to operate certain aircraft for 

the purpose of carrying passengers for compensation or hire for living history flight 

experiences (LHFE), subject to the following conditions and limitations. 

Conditions and Limitations 

1. This exemption applies only to the aircraft listed below: 

a. Boeing B-17, N5017N; and 

b. The EAA Spirit of St. Louis replica Ryan NYP. 
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2. 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(a) and (b) or § 91.409(e), (f) (4), and (g), as appropriate; and 

c. Most current technical manuals for airframe, powerplant, and systems used 

operationally by the US military or the technical guidance provided under the 

Military Assistance Program (MAP), thereafter. 

3. EAA must maintain its Spirit of St. Louis replica in accordance with the: 

a. Maintenance requirements as specified in the aircraft’s FAA-issued operating 

limitations, as amended; 

b. When applicable, maintenance requirements as specified in the aircraft type 

specification sheet, as amended, when a limited category version of the aircraft 

exists; 

c. FAA-approved maintenance inspection program that meets the scope and 

content of § 91.409(a) and (b); and 

4. The pilot-in-command (PIC) for the B-17 must: 

a. Hold at least an unrestricted commercial pilot certificate with an aircraft 

multiengine land rating, an airplane instrument rating, and the appropriate 

unrestricted type rating; 

b. Have completed within the previous 12 calendar months, EAA’s PIC 

qualification and recurrent flight and ground training program in the B-17 for 

which PIC privileges are sought; 

c. Have completed within the previous 12 calendar months, EAA’s PIC 

proficiency check in each aircraft for which PIC privileges are sought; 

d. Have at least a total of 2,500 hours of aeronautical flight experience, 1,000 

hours of aeronautical flight experience in multiengine land airplanes, and 25 

hours in the specific aircraft; or have at least a total of 1,000 hours of 

aeronautical flight experience, 200 hours of aeronautical flight experience in a 

multiengine land airplane, and 100 hours and 50 takeoffs and 50 landings in 

the specific aircraft; and 
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e. Have accomplished within the previous 90 days, three takeoffs and three 

landings to a full stop in each aircraft for which PIC privileges are sought. For 

initial PIC qualification in the specific aircraft or if the pilot has allowed 

his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff 

and landing currency may not be accomplished during passenger-carrying 

operations. 

5. The PIC for the Spirit of St. Louis must: 

a. Hold at least an unrestricted commercial pilot certificate with an aircraft 

single-engine land rating, an airplane instrument rating; 

b. Have completed within the previous 12 calendar months, EAA’s PIC 

qualification and recurrent flight and ground training program in the Spirit of 

St. Louis for which PIC privileges are sought; 

c. Have completed within the previous 12 calendar months, EAA’s PIC 

proficiency check in the Spirit of St. Louis for which PIC privileges are 

sought; 

d. Have at least a total of 2,500 hours of aeronautical flight experience, 1,000 

hours of aeronautical flight experience in single-engine land airplanes, and 25 

hours in the Spirit of St. Louis; or have at least a total of 1,000 hours of 

aeronautical flight experience, 200 hours of aeronautical flight experience in a 

single-engine land airplane, and 100 hours and 50 takeoffs and 50 landings in 

the Spirit of St. Louis; and 

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

landings to a full stop in the Spirit of St. Louis. For initial PIC qualification in 

the Spirit of St. Louis or if the pilot has allowed his/her takeoff and landing 

currency to lapse in the Spirit of St. Louis, the takeoff and landing currency 

may not be accomplished during passenger-carrying operations. 

6. The second in command (SIC) for the B-17 must: 

a. Hold at least an unrestricted commercial pilot certificate with an airplane 

multiengine land rating and an airplane instrument rating; 

b. Have completed within the previous 12 calendar months, EAA’s SIC 

qualification and recurrent flight and ground training program in each aircraft 

for which SIC privileges are sought; 
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c. Have completed within the previous 12 calendar months, EAA’s SIC 

proficiency check in each aircraft for which SIC privileges are sought; 

d. Have at least a total of 1,500 hours of aeronautical flight experience, 250 hours 

of aeronautical flight experience in multiengine land airplanes; or have at least 

a total of 500 hours of aeronautical flight experience; 100 hours of aeronautical 

flight experience in multiengine land airplanes, and 25 hours and 10 takeoffs 

and 10 landings in each aircraft for which SIC privileges are sought; and 

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

landings to a full stop in the aircraft for which SIC privileges are sought. For 

initial SIC qualification in the specific aircraft or if the pilot has allowed 

his/her takeoff and landing currency to lapse in the specific aircraft, the takeoff 

and landing currency may not be accomplished during passenger-carrying 

operations. 

7. EAA must develop and maintain written B-17 qualification and recurrent ground 

training programs for its PICs and SICs in each specific airplane that cover the 

training subjects listed below. Each PIC and SIC must receive the following training 

within the previous 12 calendar months and be found to be competent and proficient in 

these areas prior to serving in a PIC or SIC position in the B-17: 

Note: All limitations in the applicable technical guidance (i.e., FAA flight 

manual limitations), must be adhered to. If any conflict arises between the 

limitations in the applicable technical guidance and the FAA-issued operating 

limitations, the FSDO must be contacted for additional guidance. 

8. EAA must develop and maintain a written Spirit of St. Louis qualification and 

recurrent ground training program for its PICs in the Spirit of St. Louis that covers the 

training subjects listed below. Each PIC in the Spirit of St. Louis must receive the 

following training within the previous 12 calendar months and be found to be 

competent and proficient in these areas prior to serving in a PIC position in the Spirit 

of St. Louis: 

REQUIRED TRAINING TASKS 

a. General information and description of the aircraft; 

b. Aircraft limitations; 

c. Aircraft servicing; 

d. Airspeeds; 

e. Fuel system; 

f. Electrical system; 

g. Hydraulic system; 

h. Engines; 
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i. Instruments and avionics; 

j. Landing gear, brakes, controls, and flaps systems; 

k. Propeller; 

l. Emergency procedures, including – 

(i) Instruction in emergency assignments and procedures, including 

coordination among ground and flight crewmembers; 

(ii) Individual instruction in the location, function, and operation of 

emergency equipment, includingA. First aid equipment and its proper use; and 

B. Portable fire extinguishers, with emphasis on the type of 

extinguisher to be used on different classes of fires; 

(iii) Instruction in the handling of emergency situations, includingA. Fire in flight or on the surface and smoke control 

procedures with emphasis on electrical equipment and 

related circuit breakers found in cabin areas; and 

B. Illness, injury, or other abnormal situations involving 

passengers or crewmembers; 

m. Weight and balance; 

n. Performance planning; and 

o. Aircraft’s checklist. 

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the FSDO 

must be contacted for additional guidance. 

9. EAA must develop and maintain written multiengine airplane qualification and 

recurrent flight training programs for its PICs in the B-17 that covers the areas of 

operations and tasks, as listed in the following below. Each PIC in the B-17 must 

successfully accomplish this training before being assigned PIC responsibilities and 

duties. Each PIC in the B-17 must receive and successfully accomplish the following 

training within the previous 12 calendar months and be found to be competent and 

proficient in these areas prior to serving in a PIC position in the B-17 for EAA: 

REQUIRED TRAINING TASKS 

a. Preflight Preparation, including- 

(i) Airplane exam (oral or written); and 

(ii) Airplane performance & limitations (oral or written); 

b. Ground Operations, including- 

(i) Preflight inspection; 
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(ii) Cockpit resource management; 

(iii) Powerplant start procedures; 

(iv) Taxiing; and 

(v) Pre-takeoff checks; 

c. Takeoffs & Departures, including- 

(i) Normal & crosswind takeoffs; 

(ii) Simulated powerplant failure; and 

(iii) Rejected takeoffs; 

d. In-flight Maneuvers, including- 

(i) Steep turns; 

(ii) Approach to stalls; 

(iii) Simulated powerplant failure (actual shutdown and re-start 

procedure for initial PIC qualification, all other powerplant 

failure training may be simulated); and 

(iv) Specific flight characteristics; 

e. Landings & Approaches to Landing, including- 

(i) Normal & crosswind approaches & landing; 

(ii) Maneuvering to a landing with a simulated powerplant failure; 

(iii) Rejected landing; and 

(iv) Landing from a no flap or a nonstandard flap approach; 

f. Normal & Abnormal Procedures; including- 

(i) Powerplant; 

(ii) Fuel system; 

(iii) Electrical system; 

(iv) Hydraulic system; 

(v) Environmental & pressurization system (as appropriate and if 

equipped); 

(vi) Fire detection & extinguishing system; 

(vii) Navigation & avionics system; 

(viii) Automatic flight control system, electronic flight instrument 

system, and related systems (as appropriate and if equipped); 

(ix) Flight control system; 

(x) Anti-ice & deice system; and 

(xi) Airplane & personal emergency equipment; 

g. Emergency Procedures, including- 

(i) In-flight fire & smoke removal; 

(ii) Rapid decompression (as appropriate and if equipped with a 

pressurization system); 

(iii) Emergency descent; 

(iv) Ditching; and 

(v) Emergency evacuation; 

h. Post flight Procedures, including- 

(i) After landing procedures; and 

(ii) Parking and securing airplane. 
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Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the FSDO 

must be contacted for additional guidance. 

10. EAA must develop and maintain a written Spirit of St. Louis qualification and 

recurrent flight training program for its PICs in the Spirit of St. Louis that covers the 

areas of operations and tasks, as listed in the following table of training tasks. Each 

PIC in the Spirit of St. Louis must successfully accomplish this training before being 

assigned PIC responsibilities and duties. Each PIC in the Spirit of St. Louis must 

receive and successfully accomplish the following training within the previous 12 

calendar months and be found to be competent and proficient in these areas prior to 

serving in a PIC position in the Spirit of St. Louis: 

REQUIRED TRAINING TASKS 

a. Preflight Preparation, including- 

(i) Aircraft exam (oral or written); and 

(ii) Aircraft performance & limitations (oral or written); 

b. Ground Operations, including- 

(i) Preflight inspection; 

(ii) Cockpit resource management; 

(iii) Powerplant start procedures; 

(iv) Taxiing; and 

(v) Pretakeoff checks 

c. Takeoffs & Departures, including- 

(i) Normal & crosswind takeoffs; 

(ii) Simulated powerplant failure; and 

(iii) Rejected takeoffs; 

d. In-flight Maneuvers, including- 

(i) Steep turns; 

(ii) Approach to stalls; 

(iii) Simulated powerplant failure; and 

(iv) Specific flight characteristics; 

e. Landings & Approaches to Landing; including- 

(i) Normal & crosswind approaches & landing; 

(ii) Maneuvering to a landing with a simulated powerplant failure; 

(iii) Rejected landing; and 

(iv) Landing from a no flap or a nonstandard flap approach; 

f. Normal & Abnormal Procedures, including- 

(i) Powerplant; 

(ii) Fuel system; 

(iii) Electrical system; 

(iv) Hydraulic system; 
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(v) Environmental system (as appropriate and if equipped); 

(vi) Fire detection & extinguishing system; 

(vii) Navigation & avionics system; 

(viii) Automatic flight control system, electronic flight instrument 

system, & related systems (as appropriate and if equipped); 

(ix) Flight control system; 

(x) Anti0ice & deice system; and 

(xi) Aircraft & personal emergency equipment; 

g. Emergency Procedures, including- 

(i) In-flight fire & smoke removal; 

(ii) Emergency descent; 

(iii) Ditching; and 

(iv) Emergency evacuation; 

h. Postflight Procedures, including- 

(i) After landing procedures; and 

(ii) Parking and securing aircraft. 

Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the FSDO 

must be contacted for additional guidance. 

11. EAA must develop and maintain written B-17 qualification and recurrent flight 

training programs for its SICs in the B-17 that cover the areas of operations and tasks, 

as listed in the following table of training tasks. Each SIC in the B-17 must 

successfully accomplish this training before being assigned SIC responsibilities and 

duties. Each SIC in the B-17 must receive and successfully accomplish the following 

training within the previous 12 calendar months and be found to be competent and 

proficient in these areas prior to serving in an SIC position in the B-17 for EAA: 

REQUIRED TRAINING TASKS 

a. Operational procedures applicable to the powerplant, equipment, and systems; 

b. Performance specifications and limitations; 

c. Normal, abnormal, and emergency operating procedures; 

d. Three takeoffs and three landings to a full stop as a sole manipulator of the 

flight controls; 

e. Powerplant failure procedures and maneuvering with a simulated powerplant 

failure while executing the duties of PIC; 

f. Crew resource management training; and 

g. Familiarization with the aircraft flight manual, placards, and markings. 
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Note: All limitations in the applicable technical guidance (i.e., FAA flight manual 

limitations), must be adhered to. If any conflict arises between the limitations in the 

applicable technical guidance and the FAA-issued operating limitations, the FSDO 

must be contacted for additional guidance. 

12. EAA may not use a pilot nor may any pilot serve as a pilot in any aircraft unless, since 

the beginning of the 12th calendar month before that service, that pilot has passed a 

competency check given by the FAA or an authorized check pilot in that aircraft to 

determine the pilot’s competence in practical skills and techniques in the appropriate 

aircraft. The competency check will consist of the appropriate maneuvers and 

procedures currently required for the original issuance of the commercial pilot 

certificate. The FAA’s Milwaukee, Wisconsin, Flight Standards District Office 

(FSDO) will determine what maneuvers and procedures are critical, such as preflight 

preparation, ground operations takeoffs and departures, and normal procedures, etc., 

and maneuvers and procedures that may be unsafe for a particular aircraft. 

13. Recurrent flight training for pilots must include, at least, flight training in the 

maneuvers and procedures in this exemption. However, satisfactory completion of the 

check required by this exemption within the proceeding 12 calendar months may be 

substituted for recurrent flight training. 

14. EAA must notify the Milwaukee FSDO at least 5 working days (Mondays through 

Fridays) before conducting any PIC or SIC initial or recurrent qualification training 

and ay PIC or SIC initial or recurrent proficiency checks required to be conducted 

under the terms of this grant exemption. 

15. EAA must document and record all ground and flight training and/or testing required 

by this grant of exemption in a manner acceptable to the FAA’s Milwaukee FSDO. 

That documentation and records must contain the following information: 

a. Date of each training session; 

b. Date of each testing session; 

c. Amount of time of each session of ground and flight training given; 

d. Amount of time of each session of ground and flight testing given; 

e. Results of each session of ground and flight testing given; 

f. Location where each session of ground and flight training was given; 

g. Location where each session of ground and flight testing was given; 

h. Aircraft identification number in which each flight training session was 

received; 
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i. Aircraft identification number in which each flight testing session was 

received; 

j. Name and certificate number of the pilot who provided each session of 

training; 

k. Name and certificate number of the pilot who provided each session of testing; 

l. Signature and printed name of the pilot who received the training. That pilot’s 

signature will serve as a verification of having received each session of 

training; and 

m. Signature and printed name of the pilot who received the testing. That pilot’s 

signature will serve as a verification of having received each session of testing. 

16. When requested, EAA pilot qualification and recurrent ground and flight training 

programs and/or records listed under the conditions of this exemption must be made 

available to the Milwaukee FSDO. 

17. EAA must have the services of an FAA-certificated airframe and powerplant 

mechanic or an appropriately rated repair station available at all stopovers to perform 

all required maintenance inspections and repairs. 

18. EAA will maintain the following information and records and will make those records 

available for review to the FAA when requested: 

a. The name of each pilot crewmember EAA authorizes to conduct flight 

operations in its aircraft under the terms of this exemption; 

b. Copies of each PIC’s and SIC’s pilot certificate, medical certificate, 

qualifications, and initial and recurrent training and testing documentation; and 

c. Records of maintenance performed and maintenance inspection records as 

appropriate. Maintenance and inspection records must meet the requirements 

of §§ 43.9, 43.11, 91.405. 

19. Before permitting a person to be carried on board its aircraft for the purposes 

authorized under this exemption, EAA will inform that person that its aircraft hold 

only a limited or experimental 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 §§ 91.9(a), 91.315, 91.319, 119.5(g), and 119.21(a). The explanation of the 

significance of a limited airworthiness certificate, or experimental airworthiness 
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certificate, compared to a standard airworthiness certificate must include at least the 

following information: 

a. The FAA has not established nor has it approved limited category 

airworthiness certificated aircraft manufacturing standards. The FAA has not 

established nor has it approved experimental 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 lifelimited parts; 

b. Limited category airworthiness certificated aircraft are issued when the FA 

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. An aircraft may be issued an experimental airworthiness certificate for the 

purpose of exhibition when the aircraft is intended only for exhibition of the 

aircraft’s flight capabilities, performance, or unusual characteristics at 

airshows, motion picture, television, and similar productions and the 

maintenance of exhibition flight proficiency, including (for persons exhibiting 

the aircraft) flying to and from such airshows and productions; 

d. 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. 

20. EAA must notify the FSDO with oversight of the specific aircraft within 24 hours of 

any of the occurrences listed below by written report, electronic mail, or facsimile. 

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: 
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(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 malfunction, 

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 and/or ground occurrences: 

(i) Each exhaust system component failure, including the 

turbocharger (supercharger) components, that causes damage to 

any engine, structure, cowling, or components; 

(ii) Each failure of the propeller governing systems or feathering 

systems; 

c. Each failure or malfunction of the wheel brake system that causes loss of brake 

control on the ground; and 

d. Each aircraft structure that requires major repair due to damage, deformation, 

or corrosion and the method of repair. 

21. All flight operations must be conducted: 

a. At a minimum operating altitude of not less than 1,000 feet above ground level 

(AGL); 

b. Between the hours of official sunrise and sunset, as established in the 

American Air Almanac, as converted to local time; 

c. Within a 25-statute-mile radius of the departure airport with landings only 

permitted at the departure airport; 

d. With a minimum flight visibility of not less than 3 statute miles and a 

minimum ceiling of not less than 1,500 feet AGL; 
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e. Passenger-carrying operations for compensation may be conducted at distances 

greater than 25 statute miles of the departure airport up to 50 statute miles with 

concurrence of the FAA FSDO having geographic responsibility for the 

aviation event. For such flights, landings are only permitted at the departure 

airport. The operator must provide information pertaining to the proposed 

route of flight, which must avoid densely populated areas or congested airways 

in accordance with § 91.319(c) for aircraft certificated in the experimental 

category. Those operators utilizing aircraft certificated in the limited category 

are not bound by the restriction regarding the avoidance of densely populated 

areas or congested airways; 

f. For passenger-carrying flights greater than 25 statute miles from the departure 

airport and up to 50 statute miles, the PIC must obtain weather reports and 

forecasts prior to flight and valid for the duration of the proposed operation 

that indicate that the weather would be no less than 5 statute miles visibility 

and cloud ceilings no less than 1,000 feet AGL. Passenger-carrying operations 

shall be terminated if ceiling and visibility become less than the minimum 

required by these conditions and limitations. Weather forecasts listing 

discriminators such as probability (PROB), becoming (BECOMG), or 

temporarily (TEMPO) shall be limiting; and 

g. The aircraft may only be operated from an airport that has a fire station or 

firefighting services available or within close proximity of the airport. 

22. The PIC is prohibited from performing aerobatic flight while passengers are onboard 

the aircraft. 

23. For all aircraft subject to this exemption, flight within 500 feet of another aircraft (i.e., 

formation flying) is prohibited. 

24. Prior to flight, the PIC must ensure that a passenger briefing meeting the scope and 

content of § 135.117 has been provided to the passenger(s). 

25. No persons other than the assigned flight crewmembers may be permitted on the pilot 

station of the aircraft during flight operations. 

26. No persons other than the assigned flight crewmembers may be permitted to 

manipulate the flight controls during flight operations. 

27. All flight operations must carry no more than the maximum number of passengers 

permitted by the aircraft’s weight and balance limitations and number of approved 

seats in the aircraft. 
 15

28. All aircraft must have the equipment listed in §§ 91.205(b) and 91.207 and that 

equipment must be in an operable condition during flight. 

29. EAA must hold and continue to hold a determination from the U.S. Internal Revenue 

Service that it is a § 501(c)(3) nonprofit, tax-exempt, charitable organization under a 

§§ 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. 

30. No later than 72 hours prior to commencing flight operations under the terms of this 

grant of exemption, EAA must notify the jurisdictional FAA FSDO where it intends to 

conduct the flight operations and shall provide a copy of this exemption to that 

jurisdictional FAA FSDO. 

31. EAA must develop a continuous analysis and management program for all aircraft 

subject to this exemption that ensures compliance with its inspection program, training 

program, and conditions and limitations of this exemption. 

32. This exemption is not valid for operations outside of the United States. 

 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 Exemption No. 6541, as amended. 

The Effect of Our Decision 

This exemption terminates on November 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

//s// 

John Barbagallo 

Deputy Director, Flight Standards Service