April 17, 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 REGULATIONS 

§91.319(a)(2); §61.101(a)(2); §61.101(e)(3) and (4); §61.113(a); §61.113(b); §61.113(c);

§61.315(b); §61.315(c)(1) and (2); §120.105(a) and (g); and §120.215(1) and (7) TO PERMIT 

VOLUNTEER PILOTS FLYING YOUTHS AND ADULTS FOR FREE AT EAA 

(EXPERIMENTAL AIRCRAFT ASSOCIATION, INC.) EAGLE FLIGHTS AND YOUNG 

EAGLES EVENTS TO BE REIMBURSED, IN THE FORM OF FREE AVIATION FUEL, 

FOR THEIR ACTUAL FUEL EXPENSE INCURRED WHEN PROVIDING FREE FLIGHT 

EXPERIENCES TO EVENT PARTICIANTS WHEN VOLUNTEERING AT THESE EVENTS 

FOR EAA, A NONPROFIT ORGANIZATION, IN ACCORDANCE SECTION 6, 

PARAGRAPH (6)(A) OF THE VOLUNTEER PROTECTION ACT OF 1997 (PUBLIC LAW 

105-19). 

PETITIONER: EXPERIMENTAL AIRCRAFT ASSOCIATION, INC. 

PO Box 3086

Oshkosh, Wisconsin, 54903-3086
2

PETITION SUMMARY

This petition for exemption is being submitted to ease the burden on EAA members who 

volunteer their aircraft and personal time to conduct Eagle Flights and Young Eagle free 

introductory/orientation flights. Since 1990 the price of 100LL aviation gasoline has 

skyrocketed 250%1 and the cost of an annual condition inspection has skyrocketed 200%2

. The

burdens of these huge increases in the basic aircraft operating costs have been placed squarely on 

the shoulders (and wallet) of the EAA volunteer pilots who provide the free flights. The impact 

of this volunteer cost burden has had a direct and negative impact on the Young Eagle program –

in 2000 when avgas was $2.58 per gallon volunteer pilots flew 99,501 youths; but in 2012 when 

avgas was $6.25 per gallon these same volunteer pilots only flew 74,790 youths; a 25% 

reduction3

Therefore, in accordance with Section, 6, paragraph (6)(A) of the Volunteer Protection Act of 

1997 (Public Law 105-19), EAA is seeking an exemption from Federal Aviation Regulations 

(FAR), Parts §91.319(a)(2); §61.101(a)(2); §61.101(e)(3) and (4); §61.113(a) and (b); 

§61.113(c); §61.315(b); §61.315(c)(1) and (2); §120.105(a) and (g); and §120.215(1) and (7) to 

permit volunteer pilots holding sport, recreation, or private pilot certificates flying youths and 

adults in their light-sport, experimental, and standard category aircraft for free at EAA

(Experimental Aircraft Association, Inc.) Young Eagles and EAA Eagle Flights events to be 

reimbursed, in the form of free aviation fuel, for their actual fuel expense incurred when 

providing free flight experiences to event participants when volunteering at these events for 

EAA, a nonprofit organization. The free fuel would be provided by individual donors, EAA 

in the number of youths exposed to the rich heritage of aviation. 

 1 Refer to table in Reason for Petition section of this document 

2 Refer to table in Reason for Petition section of this document

3 Refer to table in Reason for Petition section of this document
3

chapters, EAA, airport sponsors through use of Federal Airport Improvement Program (AIP) 

marketing funds, local and state government agencies, and corporate supporters. 

Further, EAA is requesting the FAA allow EAA to utilize the conditions and limitation of the 

existing EAA Young Eagles program as noted in the Safety Issues section of this petition for 

exemption as the conditions and limitations for this exemption. But, also allow EAA to change 

those conditions and limitations based on observed safety needs in order to keep the EAA Eagle 

Flight and EAA Young Eagles safety program a living program that can react to any critical 

issue that should arise. 

This reimbursement of actual expenses is not commercial activity compensation.

Specifically, EAA is requesting an exemption from the above regulations for these reasons:

1. The receipt of free fuel would exceed the pro rata share of operating expenses for Sport, 

Recreation, and Private pilots limitation in §61.101(a)(2); §61.113(c); and §61.315(b). 

This exemption seeks relief from the limits of the pro rata rule for Sport, Recreational, 

and Private pilots who receive this fuel while volunteering their aircraft and personal time 

conducting free EAA Eagle Flights and Young Eagles flights. The pro rata sharing of 

expenses is normally born by passengers on a given flight, while in this case of volunteer 

pilots flying free Young Eagles and Eagle Flights orientation flights all flight expenses 

are borne solely by the volunteer pilot, the youth and adult participants are not charged 

anything in exchange for these flights which simply an introduction into the wonderful 

world and possibilities of aviation. The free fuel relief provided in this petition for 

exemption would be provided by someone or an entity other than the passenger. 

2. The receipt of free fuel would be considered compensation per the September 19, 2000 

letter to EAA from Mr. Mike Henry, Manager, FAA General Aviation and Commercial 
4

Division, AFS-800. The letter stated “...the FAA’s Office of Chief Counsel has 

consistently held that it is not the source of compensation, but its receipt, that is 

prohibited under Federal Regulations believed applicable in this matter. This legal 

opinion affects flight time gained in conducting such operations by sport, recreation, and 

private pilot certificate holders as being a form of compensation, even though the amount 

of time may be insignificant...” This exemption seeks relief from the Sport, Recreation, 

and Private pilot compensation limitations as specified in §61.101(e)(3) and (4); 

§61.113(a) and (b); and §61.315(c)(1) and (2) to allow volunteer pilots volunteering their 

aircraft and personal time conducting free EAA Eagle Flights and Young Eagles flights, 

who receive the free fuel, to be able to fly their aircraft and log the insignificant amount 

of flight time this activity will generate while conducting free EAA Eagle Flights and 

Young Eagles flights without said flights being considered compensation, either 

commercial or for hire, flights. 

3. As noted in item 2, above, the logging of flight time is considered compensation, 

therefore this exemption seeks relief from the experimental aircraft compensation 

limitation as specified in §91.319(a)(2) to allow volunteer pilots volunteering their 

experimental aircraft and personal time conducting free EAA Eagle Flights and Young 

Eagles flights, who receive the free fuel, to be able to log the insignificant amount of 

flight time this activity will generate while conducting free EAA Eagle Flights and 

Young Eagles flights.

4. Other than the receipt of free aviation fuel and the resulting logging of insignificant 

amounts of flight time while conducting free EAA Eagle Flights and Young Eagles

flights, these free youth and adult flights are not being conducted for commercial 
5

compensation or hire; they are not raising funds for a non-profit, charitable, or 

community organization or event; they are not sightseeing flights; and they are not §119, 

121, or 135 commercial operations. But, because of the above noted 2000 FAA policy 

that stated the logging of insignificant amounts of flight time is considered to be a 

commercial compensation activity and safety-sensitive positions (volunteer pilots and 

volunteer ground support screeners/ground guides) are being used, this exemption is 

seeking an exemption from the FAA drug and alcohol testing requirements in 

§120.105(a) and (g) and §120.215(1) and (7) for pilots flying free EAA Eagle Flights and 

Young Eagles flights. 

EAA contends that this petition for exemption fully complies with Section 6, paragraph 

(6)(a) of the Volunteer Act of 1997, Public Law 105-19, in that EAA Eagle Flights and Young 

Eagle pilot who are volunteering their time and aviation expertise to a nonprofit organization, 

EAA, by providing free flights are federally authorized to be reasonably reimbursed for expenses 

actually incurred.

With this petition for exemption, EAA is asking the FAA to recognize the facts provided in 

this petition and provide for relief, in the form of free fuel, to the volunteer Sport, Recreational 

and Private certificated pilots who donate flight time in their light-sport, experimental, and typecertificated (standard category) aircraft. 

This petition is also asking the FAA recognize the importance of the EAA Eagle Flights and 

Young Eagles free youth and adult flight events toward the current and future growth of the U.S. 

pilot population. 
6

REASON FOR PETITION

Aviation is at one of the most critical points in its 108-year history – the pilot shortage is 

quickly reaching a point where, unless positive action is taken, it will not be able to sustain the 

continued viability of transporting persons or cargo to the high level to which the American 

public has become accustomed. The critical nature of the looming pilot shortage is shown in the 

following table:

Key Pilot Population Numbers4

1990 2001 2010

Student 128,663 86,731 119,119*, **

Private, airplane

(SEL)

299,111 243,823 202,020

Total Pilots 692,095 627,588 612,274

Average age 42.8 46.0 48.5

*In July 2010, the FAA issued a rule that increased the duration of validity for student pilot certificates for pilots under the age 

of 40 from 36 to 60 months. This resulted in an increase in active student pilots to 119,119 from 72,280 at the end of 2009. 

The 2010 student pilot number of 119,119 is an artificially inflated number directly related to the regulatory change; over the 

past 10 years the number of active student pilots has averaged 84,000 per year.

**The Flight Training Experience, an AOPA survey of students, pilots, and instructors, October 2010, page 2, shows that the 

overall dropout rate for student pilots is between 70% - 80%. Using the 2010 student pilot number of 119,119 would indicate 

23,824 individuals advanced and received a pilot certificate. However, using the data from the FAA’s original airmen 

certificates issued statistics web page the actual number of original certificates issued was 15,532 (combined Private, 

Recreation, and Sport). Which means the actual student pilot dropout rate is much worse - 82%. 

The loss of 97,091 private SEL pilots between 1990 and 2010 shows the critical nature of 

what the Department of Transportation and the general aviation community is facing. 

But that’s not the entire story about the critical nature of the looming pilot shortage. Boeing 

recently completed a study5

 4 FAA US Civil Airmen Statistics (www.faa.gov)

to determine the number of commercial pilots needed in the U.S. 
7

and globally. The study indicates the commercial airline fleet will double by 2030 and the 

corresponding need for commercial pilots in 2030 will be 470,400. Using the above chart data 

indicates there were a total of 612,274 pilots in 2010, subtracting just the private pilots leave a 

total of 410,254 total pilots in all categories; commercial. rotorcraft, sport and recreation, glider, 

and lighter-than-air. Further compounding the looming critical pilot shortage is noted by the 

very high loss rate of private pilots between 2001 – 2010 = 41,803. This is the very pilot pool 

where future commercial pilots are from. 

As this trend continues to worsen we, the total aviation community including the FAA, will 

not be able to meet the future general and commercial transportation and commerce demands6

• The advancing age of the Korean War and Vietnam War military pilots, and the 

aging baby boomer generation has caused tens of thousands of pilots to stop flying. 

These pilots are retiring from commercial aviation activities on a daily basis, as 

noted by the continuing downward trend of active pilots. 

our national economy will be placing on it. There are several factors that have led to the critical 

nature of the active pilot numbers: 

• The FAA has stopped promoting civilian aviation careers, especially pilot growth. 

In the following FAA long-term planning and guidance documents, the FAA lists 

several key performance targets, strategies, and initiatives to meet the mission 

statement to provide the safest, most efficient aviation system in the world. While 

this mission statement is critical to improving aircraft performance, airport 

operations, and internal personnel training objectives, there is no mention in any of 

these documents regarding key performance targets, strategies, and initiatives to 

 5

 http://www.boeing.com/commercial/cmo/pilot_technician_outlook.html 6

 FAA Flight Plan (www.faa.gov)
8

maintain and increase the commercial and/or general aviation pilot population in the 

U.S. The pilot population and its necessary growth is the true linchpin that has to 

be the catalyst for all the other long-term goals established by the FAA. Without a 

pilot population to match the aggressive forecasted growth data in these FAA 

documents, these plans are doomed to failure.

o FAA Destination 20257

o FAA Aerospace Forecast Fiscal Years 2011-2031

- Confirms the FAA mission is to provide the safest, 

most efficient aviation system in the world. It sets the FAA’s long-term 

aspirations of: Move to the next level of safety; Create our workplace of the 

future; Deliver aviation access through innovation; Sustain our future; and 

Advance global collaboration. This document does not address steps needed 

to either sustain or increase the pilot population. 

8

 Commercial aircraft will grow from 7,096 to 10,523 aircraft in 2031; 

- In this document the 

FAA projects the number of: 

 General aviation aircraft will grow from 224,172 to 270,920 aircraft in 

2031; 

 Commercial pilots will increase from 123,705 to 136,300 in 2031; 

 Private pilots will increase from 202,020 to 214,500 in 2031; and

 Student pilots will increase from 119,119 to 120,600 in 2031. 

o FAA Flight Plan, 2009-20139

 7 FAA Flight Plan (www.faa.gov)

- Defines the agencies strategy to navigate 

through this time period, yet does not address strategy needed to either sustain 

or increase the pilot population.

8 FAA Aerospace Forecast (www.faa.gov)
9

Because of the FAA’s lack of national strategic or tactical guidance or policy on growing the 

pilot population, the full burden of this task has been placed on private industry. Since the 

inception of the EAA Young Eagles program in 1992, EAA has become the national leader in 

reaching the youth of America and building their desire to become pilots. Yet, the continued 

ability for volunteer EAA members to provide free Eagle Flights and Young Eagles orientation 

flights is in jeopardy today due to the absolute increase in the following aircraft operating costs:

• The basic cost for a pilot to participate in flying. With every dollar increase in 

the base cost of flying expenses, the cumulative result is that fewer pilots are 

flying. 

o Cost of aviation fuel10

Historical Prices of 100LL Aviation Gasoline

. Over the past twenty years the price of aviation 

fuel has more than doubled. 

1990 2000 2010 December 2011

Price per 

gallon

$2.50 $2.58 $6.25 $5.59

o Cost of aviation maintenance11

Historical Prices of Annual Condition Inspections*

. Over the past twenty years the cost of 

conducting a required annual condition inspection on a typical general 

aviation aircraft has doubled.

1990 2000 2010 December 2011

C172 $500.00 $700.00 $800.00 $1,000.00+

*The key cost factor driving this increase in cost is labor. In 1990 the 

average per hour labor cost was $35.00; in 2011 it is between $70.00 

(rural/small airports) and $110.00 (large airports & repair stations).

 9 FAA 2009-2013 Flight Plan (www.faa.gov) 10 Basler Flight Services (FBO), Wittman Regional airport (KOSH), historical fuel price data 11 NewView Technologies, Wittman Regional airport (KOSH) and Beaver Aviation, Dodge County airport 

(KUNU), historical maintenance cost data.
10

EAA strongly believes that it is inherently wrong and self defeating for the Young Eagles or 

Eagle Flights programs to charge the youths and adults receiving the free flight experiences onehalf of the “trip expenses” under the authorized pro-rata compensation rules. The goal of the 

program is to introduce as many individuals to the wonders of aviation, not frighten them off 

with artificially established initial or add-on fees. 

Instead, the success of these programs is the fact that EAA members freely volunteer their 

time and aircraft (including all operating expenses), exchanging only their aviation knowledge, 

experience and desire to the youths and adults participating in these free introductory flight 

programs, where each free flight experience typically lasts approximately 15 – 30 minutes. For 

these same reasons EAA does not charge the parents of youths receiving free flights for any 

reimbursement for event costs, doing so would have a large adverse affect on the number of 

youths that could be flown. 

The major goal of the EAA Eagle Flights and Young Eagles free flight programs is to extend 

the joys of flying to this and our next generation. In the truest sense of the definition, these 

events are not flown for commercial compensation – they are free flight experiences where 

participants or their parents are not charged anything for the experience. When approved, this 

exemption will allow the base of EAA Eagle Flights and Young Eagles free flight experience 

supporters to be expanded which, in turn will allow more youths and adults to be exposed to the 

world of aviation. 

With every dollar increase in direct operating expenses, the number of pilots who are 

able to financially support their local volunteer Young Eagles and Eagles Flight programs
11

participation drops dramatically, which directly relates to the number of youths and adults 

that can be flown . 

With this petition for exemption EAA is asking the FAA to recognize this fact and provide 

for relief to the volunteer Sport, Recreational and Private pilots who donate flight time in their 

light-sport, experimental, and type-certificated aircraft. Without that relief, the FAA itself is 

jeopardizing the continued success of the EAA Eagle Flights and Young Eagles free flight 

experiences and the future growth of the U.S. pilot population. 

In 2002 EAA requested a similar exemption from the FAA, which was granted on July 2, 

2002 as exemption No. 7830, DOT docket No. FAA-2002-11986. EAA did not use this petition 

because it would have destroyed the root benefits of the EAA Young Eagles flight program. 

• In exemption No. 7830 the FAA imposed commercial §91.146 

charitable/community/non-profit fund raising event conditions and limitations to 

the Young Eagles free flight operations. As stated earlier, FAA documents 

clearly stated that EAA Young Eagles youth and EAA Eagle Flight adult free 

flight programs are just that – free events to all members of the public. The 

Historical Prices of 100LL Aviation Gasoline

1990 2000 2010 December 2011

Price per 

gallon

$2.50 $2.58 $6.25 $5.59

C172 annual 

inspection

$500.00 $700.00 $800.00 $1,000.00+

Number of 

Young 

Eagles flown

38,320* 99,501 74,790 76,000

*EAA Young Eagles program’s first full year was in 1993. The 38,320 

number reflects the number of kids flown in 1993. 
12

public is not asked for any donations to participate in the free flights, or to 

support either program. Therefore, imposing the §91.146 

charitable/community/non-profit fund raising event conditions and limitations to 

the Young Eagles free flight operations created an unworkable burden on the 

program. 

o In order to receive free fuel in exemption No. 7830 the FAA limited 

volunteer pilots to hold a minimum of a private pilot certificate, have a 

minimum of 500 hours of total flight time, have a minimum of 200 

hours in the category of aircraft to be flown, and 50 hours in the class of 

aircraft to be flown. These conditions/limitations would have cut the 

number of general aviation pilots who met these requirements these 

limitations available for Young Eagles flights in half. EAA’s 

established Eagle Flight and Young Eagles programs flight operating 

safety procedures have allowed all levels of FAA-certificated pilots to 

conduct the free flight programs to the highest safety level possible. 

EAA’s established Young Eagles ground and flight safety procedures 

and limitations have produced an exceptional flight safety record. EAA 

strongly believes that Sport Pilots (§61.315(c)(4)), Recreational Pilots 

(§61.101(a)(1)), and Private Pilots (§61, subpart E) have proven the 

equivalent level of safety standard has been met many times over and 

therefore these pilots should be able to conduct the Eagle Flight and 

Young Eagles free flights while operating under the full passenger 

carrying authority granted by their FAA-issued pilot certificate. The 
13

FAA imposed pilot certificate and operating hour requirements in 

exemption No. 7830 created an extreme hardship on this program; did 

not improve flight safety; and did not improve the safety of the public 

(the youth and adult participants) to a higher standard than the existing 

EAA program safety requirements.

o In this earlier exemption the FAA limited the use of the exemption to 

only aircraft with a standard category airworthiness certificate – as noted 

in the following table, using this condition/limitation would have cut the 

number of usable aircraft available in half, a devastating impact on the 

program. 

It is critical that this exemption allow for the continued use of experimental and light-sport 

aircraft to be flown under the terms of the exemption. Experimental and light-sport aircraft are 

major participants in these free flight programs. Not allowing them to be used under this 

exemption will cause the continued reduction of pilots offering free flights which directly results 

in a large decrease in the number of participants being able to take advantage of the free flight 

opportunity. The following chart shows how critical these aircraft are to the Eagle Flights and 

Young Eagles programs. 
14

EAA Young Eagles Flown in Types of Aircraft

Type-certificated make 

and models of aircraft

Experimental and LightSport Aircraft make and 

models of aircraft

Total (1/3/2012)*

Number of 

make and 

models of 

aircraft

452 328 780

Number of 

Young Eagles

flown

900,240 777,360 1, 677,600

*www.youngeagles.org

In a July 28, 1999 letter to EAA from FAA Headquarters, AFS-1 determined that EAA 

Young Eagles flights were not sightseeing flights per FAR 135.1(c), and therefore the 

commercial compensation, certification, operating and drug testing requirements of FAR 61, 

119, 121, and 135 were not applicable to the EAA’s Young Eagles free flight experience 

program. This decision was based on the long established history of the free EAA Young Eagles

flight experience program in which no fee has ever been charged or asked from the youth 

participants receiving the free flight experience.

This petition only seeks the authorization to allow the Eagle Flights and Young Eagles

volunteer pilots to receive free aviation fuel while donating their time and flying their aircraft for 

these free flight experiences in an exemption to the compensation and drug testing requirements 

stated in the Petition Summary section of this petition without the added severe operating 

limitations imposed by FAA Exemption 7830. This petition for exemption is applicable to Sport, 

Recreation, and Private pilot certificate holders; and the experimental, light-sport and typecertificated aircraft they fly. 
15

In order to receive the free aviation fuel EAA will not ask the volunteer pilots to “top off” 

their fuel tanks after initial arrival at the airport where the events are incurring. Instead, we will 

depend on the integrity of the volunteer pilots to only request the amount of aviation fuel actually 

consumed. 

• Flight safety is based on many factors, paramount of these is aircraft performance 

limitations in regards to the airport used (length of runway, etc.), density altitude 

effects on aircraft performance, and weight and balance. To require volunteer pilots 

to “top off” their aircraft would be, in effect, breaking long-established FAA and 

industry safety chains developed from lessons learned from past general aviation 

accident studies.

• Pilot integrity is one of the key long-established FAA and industry safety chain 

links. Congress has charged the FAA with providing the safest, most efficient 

aviation system in the world, which they have very successfully met by establishing 

living, ever-evolving pilot, aircraft, and airport regulations, policies and guidance. 

But these FAA safety regulations, policies, and guidance are only effective based 

on the absolute integrity or trust the FAA has placed on all U.S. certificated pilots, 

mechanics, and airport operators to hold up their end of the safety chain. The end 

result is that the U.S. does in fact have the safest, most efficient aviation system in 

the world and it has met that standard in large part directly due to the integrity of 

the American public who operate within the aviation system. It is that longestablished integrity that EAA will depend on to ensure that requested free fuel is in 

fact fuel that was actually consumed during the EAA Eagle Flights and Young 

Eagles free flight events.
16

BACKGROUND

EAA Young Eagles

Launched in 1992, the EAA Young Eagles program (http://www.youngeagles.org/) is a 

youth-oriented, worldwide aviation outreach program of EAA, a 501(c)(3) tax-exempt 

organization. The original EAA Young Eagles program goal was to provide 1 million youths, 

between the ages of 8 and 17, the experience of flight by December 17, 2003, the centennial of 

flight. That original goal was met and surpassed, as to date; more than 1,680,000 participants 

have experienced the joy of their first flight through this program, in type-certificated, lightsport, or experimental aircraft.

EAA Young Eagles flights are conducted without charge to the participants and flown by 

licensed and experienced volunteer pilots whose lives have been enhanced by aviation and have 

the desire to pass on their love of aviation, through a free flight experience to others. EAA 

Young Eagles flights may be conducted at an air show or other community aviation event for 

which an admission charge is made, however, even in those circumstances no fee is charged to 

the participants of the program. While every youth who participates in the EAA Young Eagles 

program or adult participant in the Eagle Flights program is not expected to become a pilot, the 

experience of flight is guaranteed to give each participant a new perspective on becoming a 

general aviation or commercial pilot and explore the potential careers in many other aspects of 

the aviation community. 

EAA encourages the FAA to examine real-world examples of the success of the Young 

Eagles programs by reviewing the following program yearbooks:

2010 – http://www.youngeagles.org/volunteers/resources/content/Young%20Eagles%20Yearbook%202010.pdf

2009 – http://www.youngeagles.org/volunteers/resources/content/Young%20Eagles%20Yearbook%202009.pdf

2008 – http://www.youngeagles.org/volunteers/resources/content/Young%20Eagles%20Yearbook%202008.pdf
17

EAA Eagle Flights

The EAA Eagle Flights program is an adult-oriented, worldwide aviation outreach program 

of EAA, a 501(c)(3) tax-exempt organization. Currently under final development with a launch 

scheduled for summer 2012, it leverages the highly successful and safe model used in the EAA 

Young Eagles program. EAA is taking on the challenge of growing participation in aviation

with our stated goal of creating the next generation of aviators. By providing those interested in 

aviation with a free orientation flight with an enthusiastic volunteer EAA pilot within the EAA 

community environment, we will be providing the best opportunity for that person to become 

interested and more importantly, active in aviation. 

EAA Eagle Flights will be available to interested participants over the age of 18 and will be 

conducted without charge to the participants and flown by a licensed volunteer pilot. Our 

volunteers have the desire to pass on their love of aviation, through a free flight experience to 

others. The EAA Eagle Flights program will hopefully spark the idea of becoming a pilot in 

many or, at the least, make a friend of aviation.

Combined Effect

As noted earlier, the EAA Young Eagles free flight program is the most successful 

introductory aviation program in the nation, with over 1,680,000 youth participants flown to 

date.

In a joint EAA/FAA Airmen Branch survey, nearly 20,000 Young Eagles participants were 

identified as using their initial free flight experience as their personal catalyst to become a 

certificated pilot. Of this group 11,966 of them were listed on the FAA airmen registry as 

“active pilots,” holding both an airmen certificate and an FAA medical certificate. The joint 
18

survey shows that EAA Young Eagles free flight participants who are now between 15 and 34 

years old are 5.4 times more likely to earn a pilot certificate than those of the same age who have 

not had a Young Eagles flight. 

EAA is acutely aware that an individual’s normal life-cycle, e.g., college, marriage, children

followed by their college expenses, often interrupt their ability to financially pursue their desire 

to become a pilot. EAA’s goal with the Eagle Flights program is to capture these individuals 

near the beginning of their empty-nesting phase of life by offering free introductory flights to 

them. EAA anticipates that the Eagle Flights program will generate a significantly greater 

number of pilots than our successful Young Eagles program. 

General

The future sustained growth and success of both the Eagle Flights and Young Eagles free 

flight programs is dependent on the FAA granting this exemption by allowing volunteer Sport, 

Recreation, and Private pilots flying their type-certificated, experimental, and light-sport aircraft 

to receive free fuel. All other operating expenses will be borne by the EAA volunteer pilot.

Because of the success of the program and its profound effect on airport community relations 

and generating new pilots, many fixed base operators (FBOs), airport authorities, local 

community (government) leaders, charitable organizations and corporations have offered to 

provide free aviation fuel to the EAA Eagle Flights and Young Eagles events in order to help 

offset the actual direct aircraft operating expenses incurred by the volunteers during the event. 

These offers have all been turned down due to regulatory restrictions. This petition for 

exemption seeks relief from those restrictions. 

This petition for exemption is critical to the continued success of the EAA Young Eagles and 

the Eagle Flights free introductory flight program, and are not intended to provide what is 
19

traditionally considered as compensation or a donation to a non-profit organization under the 

FARs, but instead are intended solely to extend the Eagle Flights and Young Eagles free flight 

experience program to a greater number of youth and adult participants.

INTEREST OF THE PETITIONER

EAA is the world leader in recreational aviation. With an international membership of over 

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 supporting aviation safety and promoting personal enjoyment and responsibility within 

an aviation lifestyle. 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, Warbirds of America, and International Aerobatic Club 

divisions.

EAA, as a 501(c)(3) non-profit membership association, provides aeronautical education and 

experiences to both members of the organization, and to the public. The free EAA Eagle Flights 

and Young Eagles flight experience programs, held at various community aviation events around 

the country, furthers the goal of providing flight experiences and aviation education youth and 

adult participants. Many of the Eagle Flights and Young Eagles program events are coordinated 

through and provided by not-for-profit EAA Chapters.
20

EAA, and we hope the FAA, recognize that the future of aviation and its related industries 

depends on introducing the youths and adults of America to the world of aviation through the 

joys of flight. 

SAFETY ISSUES

The safety of all participants in the EAA Eagle Flights and Young Eagles free flight 

experience programs is a fundamental concern of the EAA. Over the years, the EAA Young 

Eagles flight experience program has produced an outstanding flight safety record. The EAA 

Young Eagles flight safety program record is indicative of the overall safety culture inherent 

within the entire EAA organization. 

EAA recognizes the relationship between compliance with regulations, and the ability to 

function safely within the existing regulatory framework. The EAA Young Eagles flight 

established safety program will retain its high standards with this exemption. The Eagle Flights 

program will operate under the same safety program requirements.

The EAA Eagle Flights and Young Eagles safety program requirements12

• All pilots and aircraft to be current per FAR 21, 43, 61, and 91, as appropriate; 

include the 

requirements that:

• All volunteers (pilots and ground marshalling personnel) and airport personnel 

receive a flight and ground safety briefing prior to the start of the event; 

• Youth participants and their parents, and adult participants are not allowed near 

the airplanes without a safety escort; 

 12 www.youngeagles.org
21

• Youth participants and their parents, and adult participants are given a ground and 

flight safety briefing prior to going to their assigned aircraft; 

• The loading or unloading of youths and adults while the aircraft engine is running 

is not allowed; 

• All flights are flown only during day VFR conditions (minimum 1,000 foot 

ceilings and 3 miles visibility); 

• Aerobatic, formation, or unusual attitude flying is not allowed; 

• Aircraft passenger liability insurance is required for the type-certificated, lightsport, or experimental aircraft used (owned, borrowed, or rented); 

• A detailed debrief is conducted to ensure all safety procedures were followed to 

establish better safety procedures for the next event; and, 

• Volunteer Young Eagles and Eagle Flight pilots are not limited to the number of 

free EAA Young Eagles and Eagle Flight events they participate in on a yearly 

basis, nor are they limited in the number of participants (youths or adults) they 

may fly at each event. 

• An Eagle Flights and Young Eagles “event” is defined as any flight conducted by 

an EAA member, either in a group setting or singularly, as long as the EAA Eagle 

Flight and Young Eagles safety, operating and reporting requirements are 

complied with. 

EAA strongly advocates that the more experience a pilot has in the EAA Young Eagles or 

Eagle Flights flight experience program, the safer the entire EAA Eagle Flights and Young 

Eagles program will be for all participants. 
22

Safety is EAAs Paramount Mission – For most youths, their parents, and adult participants 

the Eagle Flights and Young Eagles programs may be the first time they have been exposed to a 

general aviation airplane and pilot, and it may be the first time they have ever been to an airport. 

Because of that, volunteer Eagle Flights and Young Eagles ground safety support personnel and 

pilots take the time to act as ambassadors for general aviation and EAA. As ambassadors, they 

take the time to explain what takes place at an airport, the importance of the airport to the 

community, and the reasons why following the rules is the most important safety component in 

all aviation careers. As the participants are escorted to the aircraft, the volunteers stress ramp 

safety, emphasizing caution around propellers and moving aircraft. 

Safety is EAAs Paramount Mission ! 

Since the EAA Young Eagles free flight program was launched in 1992 we have flown over 

1, 680,000 youth. Our overall flight safety record has been absolutely superlative. With each 

child receiving a +/- 20 minute flight that equates to over 33,600,000 minutes or 560,000 flight 

hours flown. During that entire time we experienced only three major aviation accidents: 

1. NTSB ID: FTW98FA394, 9/12/1998, Grumman American, flown by a pilot with a 

commercial certificate with 1,135 hours total flight time, fatal to pilot and passenger;

2. NTSB ID: SEA06FA007, 10/15/2005, PA-28-140, flown by a pilot with a private 

pilot certificate with 315 hours total flight time, fatal to pilot and passengers (2);

3. NTSB ID: WPR09LA169, 3/28/2009, PA-28-235, flown by a pilot with a private 

pilot certificate with 847 hours total flight time, non-fatal accident.

The point is that the EAA established pilot, aircraft, weather, flight maneuver, and support 

personnel conditions and limitations for Young Eagle flight operations have created an 

operational safety program successes that have far exceeded the FAA’s most stringent equivalent 
23

level of safety requirements. The conditions and limitations imposed by FAA exemption 7830 

could not hope to equal or exceed these safety levels; however those conditions and limitations 

would severely harm the effectiveness of the Eagle Flight and Young Eagles to reach out to the 

next generation of America’s pilots. 

The EAA Young Eagles program was launched in 1992 or 20 years ago. There are three 

ways to look at EAAs overall flight safety record: 

1. As noted above, the program has flown approximately 560,000 flight hours. This 

equates to a program wide fatal accident rate of 0.357 per 100,000 flight hours; which 

is significantly below the national general aviation fatal accident rate that is generally 

between 1.19 (FY06) to 1.17 (FY09) per 100,000 flight hours. 

2. Another comparison can be made by noting that between FY 92 (when the YE 

program was launched) and FY 11 there were a total of 7,115 fatal general aviation 

accidents vs. only two in the same time period that occurred during Young Eagles 

events. 

3. The final way to compare the EAA flight safety record is to look at the total risk or 

exposure that each event has. Every single Young Eagle flight, and there were 

1,680,000 of them, exposes the passengers, the pilot, and the aircraft to the 

recognized high risk of operating in the vicinity of an airport (potential mid-air); and 

the takeoffs and landings. Using those single flight parameters, these 1,680,000 

individual flights with only two fatalities would show a fatal accident rate of 0.118 

per 100,000 Young Eagles flown.
24

EAAs established Young Eagles safety program do work and should be adopted, as 

requested, as the conditions and limitations of this exemption if approved. 

PUBLIC INTEREST ISSUES

The hundreds of general aviation pilots who volunteer their time, aircraft and expertise for 

the sole purpose of providing Eagle Flights and Young Eagles free flight experiences and 

aviation education to potential future pilots are the very soul of the industry’s pilot promotion 

program. Because these volunteer pilots are currently being forced to absorb all costs associated 

with providing these free flights to Eagle Flights and Young Eagles participants we must 

recognize their sacrifice by repeating a quote from Sir Winston Churchill13

The Young Eagles and Eagle Flight programs strive to achieve a number of objectives; 

including:

- “Never in the field 

of human conflict was so much owed by so many to so few” While that quote refers to the war 

time efforts of the Royal Air Force in protecting Britain, the peace time efforts of volunteer 

Eagle Flights and Young Eagles pilots to fight further reductions in the U.S. pilot population

must also be recognized as a herculean effort. In this petition for exemption EAA and the 

volunteer pilots are not asking the FAA to allow all operating expenses to be covered, we are

simply asking the FAA to recognize their herculean commitment and efforts, and allow them to 

be reimbursed for the fuel they directly consume during the EAA Eagle Flights and Young 

Eagles events, and not to reduce this fighting force by limiting the compensation aspect (e.g., 

logging of insignificant amounts of flight time) of this volunteer effort to private pilots and typecertificated aircraft only. 

 13 British Prime Minister Sir Winston Churchill speech, August 20, 1940, regarding the aerial Battle of 

Britain
25

• From the beginning of the human race the natural interest and desire has been to 

soar with the birds. These programs promote that basic human desire by using 

the free flight experiences to encourage youths and adults to become active 

participants and/or enthusiasts in the aviation community;

• Providing them with the opportunity to see their world from a different 

perspective; 

• Raising awareness of aviation careers and recreational possibilities; 

• Helping the youths and adults of America understand the basic knowledge 

needed to become pilots; 

• Responding to the nations’ shrinking pool of available pilots; and 

• Help foster positive support for aviation and local airports, underscoring the 

importance, value, and economic impact of those airports to their community and 

the nation.

Partnerships have also been formed from the Young Eagles program. As an example, the 

Chicago Chapter of the Tuskegee Airmen, who work with the Young Eagles Program and 

Chicago area pilots, provide a monthly free flight experience for the youth of inner-city Chicago. 

Aside from the airplane flight, the Tuskegee Airmen use this opportunity to emphasize positive 

values and role models to the youths in attendance. Many of these youths would never have such 

opportunities if it were not for the dedication of local EAA and Tuskegee Airmen volunteers and 

the support of the Young Eagles Program. 

Another such partnership has developed in the Louisville, KY area. A program has been 

established by Cardinal Wings, a local FBO, to encourage participation by young women in 

aviation activities. In Las Vegas an aviation charter school was established after school 
26

administrators saw the enthusiasm in students generated after a Young Eagles experience. 

Schools officials are quick to credit to the Young Eagles Program as the spark that got the 

program off the ground. Through the free EAA Young Eagles flight experience program, 

hundreds of Make-A-Wish youths have received their desired dream event. EAA anticipates 

many more partnerships and outreach programs to develop as the Young Eagles Program 

continues to expand.

The Young Eagles Program has already provided some success stories. Former Young 

Eagles are attending aviation universities, have been accepted into the military academies, are 

now flying military aircraft, and have been hired by commercial passenger/cargo air carriers. 

Others have gone on to become general aviation and corporate pilots and have returned to fly the 

next generation of Young Eagles. Many of these EAA Young Eagles had no thought of 

pursuing aviation as a career before they were given this unique opportunity, and now they are 

the future of aviation.

The success of the EAA Young Eagles flight experience program also allowed EAA, in 

partnership with the aviation industry, to offer additional programs and incentives to assist 

enthusiastic Young Eagles in their pursuit of a pilot certificate. The EAA Young Eagles Flight 

Plan provides all interested youth with a free EAA student membership and a free student 

membership with the Academy of Model Aeronautics. The Flight Plan also includes free access 

to an online pilot training course from Sporty’s Pilot Shops, a recognized leader in aviation 

training products. The training program provides all the knowledge needed to pass the FAA 

written and oral flight tests. The Flight Plan provides several milestone rewards to encourage 

Young Eagles to complete their training. These include an opportunity to earn a free first flight 

lesson with the Flight Instructor of their choice; reimbursement for the cost of passing the FAA 
27

written test and a series of scholarships and flight awards to help with the cost of flight training. 

The majority of the Flight Plan is supported through philanthropic efforts of the aviation 

industry. 

The success of the EAA Young Eagles free flight experience has also fostered many aviation 

related youth educational programs, including: 

• Air Academy: a weeklong summer residence program in Oshkosh, Wisconsin, 

that allows young people ages 12-18 to discover and explore aviation with likeminded youth from around the world.

• Women Soar You Soar: A program connected to the annual EAA AirVenture 

Oshkosh fly-in that invites high-school age girls to discover the possibilities with 

aviation, aerospace, and other science-based careers.

A vital commercial program directly linked to the Young Eagles program is:

• Sporty’s Complete Flight Training Course. EAA has partnered with Sporty’s Inc. 

and is offering this flight training course as a free benefit to all who complete a 

Young Eagles free flight. Upon completion of this course the Young Eagle is 

presented with a FAA Private Pilot written test endorsement that can be used 

upon meeting FAA written test age requirements. This partnership has proven to 

be the ideal stepping stone between the Young Eagles free flight and the ultimate 

goal of starting formal flight training to become a certificated pilot. 

Further expansion of the Eagle Flights and Young Eagles program will allow these 

educational and aeronautical opportunity objectives to be provided to many more people, in 

many more communities around the country. The granting of this exemption will continue to 
28

provide a safety benefit to all of society, by introducing a greater number of the world’s youth 

and adults to the aviation experience.

DESCRIPTION OF THE RELIEF SOUGHT

Therefore, in accordance with Section, 6, paragraph (6)(A) of the Volunteer Protection Act of 

1997 (Public Law 105-19), EAA is seeking an exemption from Federal Aviation Regulations 

(FAR), Parts §91.319(a)(2); §61.101(a)(2); §61.101(e)(3) and (4); §61.113(a) and (b); 

§61.113(c); §61.315(b); §61.315(c)(1) and (2); §120.105(a) and (g); and §120.215(1) and (7) to 

permit volunteer pilots holding sport, recreation, or private pilot certificates flying youths and 

adults in their light-sport, experimental, and standard category aircraft for free at EAA

(Experimental Aircraft Association, Inc.) Young Eagles and EAA Eagle Flights events to be 

reimbursed, in the form of free aviation fuel, for their actual fuel expense incurred when 

providing free flight experiences to event participants when volunteering at these events for 

EAA, a nonprofit organization. The free fuel would be provided by individual donors, EAA 

chapters, EAA, airport sponsors through use of Federal Airport Improvement Program (AIP) 

marketing funds, local and state government agencies, and corporate supporters. 

Further, EAA is requesting the FAA allow EAA to utilize the conditions and limitation of the 

existing EAA Young Eagles program as noted in the Safety Issues section of this petition for 

exemption as the conditions and limitations for this exemption. But, also allow EAA to change 

those conditions and limitations based on observed safety needs in order to keep the EAA Eagle 

Flight and EAA Young Eagles safety program a living program that can react to any critical 

issue that should arise. 
29

This reimbursement of actual expenses is not commercial activity compensation.

Specifically, EAA is requesting an exemption from the above regulations for these reasons:

1. The receipt of free fuel would exceed the pro rata share of operating expenses for Sport, 

Recreation, and Private pilots limitation in §61.101(a)(2); §61.113(c); and §61.315(b). 

This exemption seeks relief from the limits of the pro rata rule for Sport, Recreational, 

and Private pilots who receive this fuel while volunteering their aircraft and personal time 

conducting free EAA Eagle Flights and Young Eagles flights. The pro rata sharing of 

expenses is normally born by passengers on a given flight, while in this case of volunteer 

pilots flying free Young Eagles and Eagle Flights orientation flights all flight expenses 

are borne solely by the volunteer pilot, the youth and adult participants are not charged 

anything in exchange for these flights which simply an introduction into the wonderful 

world and possibilities of aviation. The free fuel relief provided in this petition for 

exemption would be provided by someone or an entity other than the passenger. 

2. The receipt of free fuel would be considered compensation per the September 19, 2000 

letter to EAA from Mr. Mike Henry, Manager, FAA General Aviation and Commercial 

Division, AFS-800. The letter stated “...the FAA’s Office of Chief Counsel has 

consistently held that it is not the source of compensation, but its receipt, that is 

prohibited under Federal Regulations believed applicable in this matter. This legal 

opinion affects flight time gained in conducting such operations by sport, recreation, and 

private pilot certificate holders as being a form of compensation, even though the amount 

of time may be insignificant...” This exemption seeks relief from the Sport, Recreation, 

and Private pilot compensation limitations as specified in §61.101(e)(3) and (4); 

§61.113(a) and (b); and §61.315(c)(1) and (2) to allow volunteer pilots volunteering their 
30

aircraft and personal time conducting free EAA Eagle Flights and Young Eagles flights, 

who receive the free fuel, to be able to fly their aircraft and log the insignificant amount 

of flight time this activity will generate while conducting free EAA Eagle Flights and 

Young Eagles flights without said flights being considered compensation, either 

commercial or for hire, flights. 

3. As noted in item 2, above, the logging of flight time is considered compensation, 

therefore this exemption seeks relief from the experimental aircraft compensation 

limitation as specified in §91.319(a)(2) to allow volunteer pilots volunteering their 

experimental aircraft and personal time conducting free EAA Eagle Flights and Young 

Eagles flights, who receive the free fuel, to be able to log the insignificant amount of 

flight time this activity will generate while conducting free EAA Eagle Flights and 

Young Eagles flights.

4. Other than the receipt of free aviation fuel and the resulting logging of insignificant 

amounts of flight time while conducting free EAA Eagle Flights and Young Eagles 

flights, these free youth and adult flights are not being conducted for commercial 

compensation or hire; they are not raising funds for a non-profit, charitable, or 

community organization or event; they are not sightseeing flights; and they are not §119, 

121, or 135 commercial operations. But, because of the above noted 2000 FAA policy 

that stated the logging of insignificant amounts of flight time is considered to be a 

commercial compensation activity and safety-sensitive positions (volunteer pilots and 

volunteer ground support screeners/ground guides) are being used, this exemption is 

seeking an exemption from the FAA drug and alcohol testing requirements in 
31

§120.105(a) and (g) and §120.215(1) and (7) for pilots flying free EAA Eagle Flights and 

Young Eagles flights. 

 EAA contends that this petition for exemption fully complies with Section 6, paragraph 

(6)(a) of the Volunteer Act of 1997, Public Law 105-19, in that EAA Eagle Flights and Young 

Eagle pilot who are volunteering their time and aviation expertise to a nonprofit organization, 

EAA, by providing free flights are federally authorized to be reasonably reimbursed for expenses 

actually incurred. 

With this petition for exemption, EAA is asking the FAA to recognize the facts provided in 

this petition and provide for relief, in the form of free fuel, to the volunteer Sport, Recreational 

and Private certificated pilots who donate flight time in their light-sport, experimental, and typecertificated (standard category) aircraft. 

This petition is also asking the FAA recognize the importance of the EAA Eagle Flights and 

Young Eagles free youth and adult flight events toward the current and future growth of the U.S. 

pilot population. 

Dated: April 17, 2012

 

Randy Hansen

Government Relations Director

Experimental Aircraft Association (EAA)

PO Box 3086

Oshkosh, WI 54903-3086

(920) 426-6103

rhansen@eaa.org
32

In addition to Randy Hansen, the primary points of contact for this petition for exemption are:

Sean Elliott, (920) 426-6537, selliott@eaa.org , VP Advocacy & Safety

Jeff Skiles, (920) 426-4829, jskiles@eaa.org, VP Chapters & Youth Education

Brian O’Lena, (920) 426-6297, bolena@eaa.org, Manager, Youth & Young Eagles Programs

Trevor Janz, (920) 426-6809/5914, tjanz@eaa.org, Manager, Chapters & Eagle Flights Programs