April 17, 2012

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

- 0001

PETITION FOR EXEMPTION FROM THE FEDERAL 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 FU EL , FOR THEIR ACTUAL FUEL EXPENSE INCURRED WH EN 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

- 30862 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 the se 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%
reduction 3 Therefore, in accordance with Section, 6, paragraph (6)(A) of the Volunteer Pro tection 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 ( E xperimental A ircraft A ssociation , 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 i ndividual 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 document3 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 EA A 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 ex penses 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,
R ecreation, and P rivate 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 volunteer ing 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 Flight s orientation flights all flight expense s 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, Manag er, FAA General Aviation and Commercial4 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 applic able 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 exemp tion 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 witho ut 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
limi tation 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 i nsignificant 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 commercial5 compensation or hire ; they are not raising funds for a non

- profit, charitable, o r 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 § 1 20. 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

- 1 9, 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 S port, R ecreational and P rivate certificated pilots who donate flight time in their light

- sport, experimental, and type

certificated (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

con tinued viability of transporting perso ns 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 Numbers 4
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 ; o ver 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 certif icate. 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 P rivate, R ecreation, and S port). Which means the actual student pilot dropout rate is much worse

- 82%.

The loss of 97,091 private SEL pilots between 1990 and 201 0 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 study 5

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 t he 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 p ilots 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 demands 6

**•** The advancing age of the Korean War and Vietnam War military pilot s , and the agi ng 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 th e critical nature of the active pilot numbers :

**•** The FAA has stopped promoting civ ilian 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, str ategies, 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 2025 7

o FAA Aerospace Forecast Fiscal Years 2011

- 2031 - Confirms the FAA mission is to provide the safest, most efficient aviatio n 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 p rojects 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

- 2013 9

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 Amer ica 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 c osts:

**•** 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 fuel 10

Historical Prices of 100LL Aviation Gasoline . Over the past t wenty years the price of aviation
f uel has more than doubled.

1990 2000 20 1 0 December 2011 Price per

gallon $2.50 $ 2

. 58 $6.25 $5.59

o Cost of aviation maintenance 11

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 20 1 0 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 airport s & 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 t he youths and adults receiving the free flight experiences one half 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.
I nstead, 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 appro ximately 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 goa l of the EAA Eagle Flights and Young Eagles free flight program s is to extend the joys of flying to this and our next generation. In the truest sense of the definition, t hese events are not flown for commercial compensation

– they are free flight experien ces where participants or their parents are not charged anything for the experience. When approved, t his 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 yo uths 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 program s11 participation drops dr amatically, 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 S port, R ecreational and P rivate 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 §91.14 6 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 jus t 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 a nd limitations to the Young Eagles free flight operations created an unworkable burden on the
program.

o In order to receive free fuel i n exemption No. 7830 the FAA limited volunteer pilots to hold a minimum of a private pilot certificate, have a minimum o f 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 requi rements 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 pa ssenger carrying authority granted by their FAA

- issued pilot certificate. The13 FAA imposed pilot certificate and operating hour requirements in exemption No. 7830 created an extreme hardship on this program ; did
not i mprov e flight safety ; and did not impro ve 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 airworthines s 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. E xperimental and light

- sport aircraft are major participants in these free flight program s. Not allowing them to be used under this exemption will cause the continued redu ction 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 Light

Sport Aircraft make and models of aircraft Total (1/3/2012) *

Number of make and models of aircraft 452 328 7 80

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
prog ram . 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 t he 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 requireme nts 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 S port,
R ecreation, and P rivate pilot certificate holders ; and the experi mental, light

- sport and type

certificated 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 w ill 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 run way, 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 provid ing 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 tr ust 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 tha t standard in large part directly due to the integrity of the American public who operate within the aviation system. It is that long

established integrity that EAA will depend on to ensure that requested free fuel is in fact fuel that was actually consum ed during the EAA Eagle Flights and Young Eagles free flight events.16 BACKGROUND
EAA Young Eagles Launched in 1992, t he 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

. Tha t original goal was met and surpassed, as to date; more than 1,6 80 ,000 participants have experienced the joy of their first flight through this program, in type

- certificated, light

sport, 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 experie nce 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 commer cial 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.pdf17 EAA Eagle Flights The EAA Eagle Flights program is a n 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 avia tion with our stated goal of creat ing 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 op portunity 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 vol unteer pilot. Our volunteers have the desire to pass on their love of aviation, through a free flight experience to

o thers. The EAA Eagle Flights program will hopefully spark the idea of becoming a pilot in many or, at the leas t, make a friend of aviati on. Combined Effect As noted earlier, the EAA Young Eagles free flight program is the most successful introductory aviation program in the nation, with over 1,6 80 , 0 00 youth participants flown to date. In a joint EAA/FAA Airmen Branch survey, nearly 20,000 Young Eagles participants were identified as using th eir initial free flight experience as their personal catalyst to become a certi ficated 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 me dical certificate. The joint18 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 g oal 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 wil l 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, char itable 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 offe rs 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 introductor y flight program, and are not intended to provide what is19 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 experienc e 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
17 6 ,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, provide s aeronautical education and experiences to both members of the organization, and to the public. The free EAA Eagle Flights and Young Eagles flight experience program s , held at various community aviation events around the country, further s the goal of providing flight experiences and aviation education youth and adult participants. Many of the Eagle Flights and Y oung 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 a n 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 safe ty program requirements. The EAA Eagle Flights and Young Eagles safety program requirements 12

**•** A ll pilots and aircraft to be current per FAR 21, 43, 61, and 91, as appropriate; include the requirement s that :

**•** A ll volunteers (pilots and ground marshalling per sonnel) and airport personnel receive a flight and ground safety briefing prior to the start of the event;

**•** Y outh participants and their parents , and adult participants are not allowed near the airplanes without a safety escort;

12 www.youngeagles.org21 **•** Y outh participants and their parents , and adult participants are given a ground and flight safety briefing prior to going to their assigned aircraft;

**•** T he loading or unloading of youths and adults while the aircraft engine is running is not allowed;

**•** A ll flights are flown only d uring day VFR conditions ( minimum 1,000 foot ceilings and 3 miles visibility);

**•** A erobatic , formation , or unusual attitude flying is not allowed;

**•** Aircraft passenger liability insurance is required for the type

- certificated, light

sport, or experimental ai rcraft 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 p ilots are not limited to the n umber 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 E agle Flight s 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 ambassador s 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 followi ng 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 Missio n ! 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 33,6 00,000 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 wi th 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 s tringent equivalent23 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 Eag le 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 ha s 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 duri ng 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 air craft to the recognized high risk of operating in the vicinity of an airport (potential mid

- air); and the takeoff s and landings. Using those single flight parameters, th e se 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 avi ation pilots who volunteer their time, aircraft and expertise for the sole purpose of providing Eagle Flights and Young Eagles free flight experience s and aviation education to potential future pilots are the very soul of the industr y’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 Churchill 13

The Young Eagles and Eagle Flight p rogram s 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 compe nsation aspect (e.g., logging of insignificant amounts of flight time) of this volunteer effort to private pilots and type

certificated aircraft only.

13 British Prime Minister Sir Winston Churchill speech, August 20, 1940, regarding the aerial Battle of Britain25 **•** From the beginning of the human race the natural interest and desire has been to soar with the birds . T hese programs promote that basic human desire by using the free flight experiences to encourage youths and adults to beco me active participants and/or e nthusiasts in the aviation community ;

**•** P roviding them with the opportunity to see their world from a different perspective;

**•** R aising awareness of aviation careers and recreational possibilities;

**•** H elping the youth s and adults of America understand the basic knowledge needed to become pilots;

**•** R esponding to the nations ’ shrinking pool of available pilots ; and

**•** H elp foster positive support for aviation and local airports, underscor ing the importance, value , and economic impact of those airports to their com munity 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 attendan ce. 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 school26 administrators saw the enthusiasm in students generated af ter 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 t heir 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 aviat ion universities , have been accepted into the military academies , are now flying military aircraft, and have been hired by commercial passenger/cargo air carrier s . Others have gone on to become general aviation and corporate pilots and have returned to fl y 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 expe rience 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 y outh 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 p roducts. 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 FAA27 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 s upported 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 i n Oshkosh, Wisconsin, that allows young people ages 12

- 18 to discover and explore aviation with like

minded 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 girl s to discover the possibilities with aviation, aerospace, and other science

- based careers. A vital c ommercial 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 complet e 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 a nd Young Eagles p rogram 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 to28 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 Protectio n 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 ( E xperimental A ircraft A ssociation , Inc. ) Yo ung 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 organiza tion. 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 reque sting 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 cha nge 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 i s 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,
R ecreation, and P rivate pilots limi tation 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, AF S

- 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 fli ght 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 Pr ivate 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 their30 aircraft and personal time conducting free EAA Eagle Flights and Young Eagles flights, wh o 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, eithe r 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 genera te 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 commerci al 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 sup port screeners/ground guides) are being used, this exemption is seeking an exemption from the FAA drug and alcohol testing requirements in31 § 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 certifi cated pilots who donate flight time in their light

- sport, experimental, and type

certificated (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 fligh t 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) 4 26

- 6103 rhansen@eaa.org32 In addition to Randy Hansen, the p rimary points of contact for this petition for exemption are: Sean Elliott, (920) 426

- 65 37 , 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 Program s Trevor Janz, (920) 426

- 6809/5914, tjanz@eaa.org , Manager, Chapters & Eagle Flights Progr ams