AFS-13-417-E

July 24, 2013

Exemption No. 6541N

 Regulatory Docket No. FAA-2001-10876

Mr. Jonathan Harger

Government Advocacy Specialist

Experimental Aircraft Association

P.O. Box 3086

Oshkosh, WI 54903

Dear Mr. Harger:

This letter is to inform you that we have granted your petition to extend 

Exemption No. 6541. It explains the basis for our decision, describes its effect, and lists the 

revised conditions and limitations.

The Basis for Our Decision

By letter dated June 11, 2013, you petitioned the Federal Aviation Administration (FAA) on 

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

No. 6541, as amended. That exemption from §§ 91.315, 91.319(a)(2), 119.5(g), and 

119.21(a) of Title 14, Code of Federal Regulations (14 CFR) allows EAA to operate its Spirit 

of St. Louis and B-17, N5017N, aircraft for the purpose of carrying passengers for 

compensation or hire on local flights for educational and historical purposes. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of and amendment to the exemption 

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

EAA.
2

Our Decision

The FAA has modified and added to the conditions and limitations of Exemption No. 6541. 

The first change corrects an incorrect reference to an airplane single-engine land rating 

required for EAA’s multi-engine B-17 aircraft. The other changes addressing consistent or 

incorrect terminology regarding training tasks and records. These changes clarify the original 

content, further define the intent, and provide consistency of the safety-related aspects of the 

conditions and limitations. The FAA will be making these terminology changes to all living 

history flight experience (LHFE) exemptions as they are amended or extended.

The conditions and limitations included with an exemption are not based on specific 

regulations, but are the FAA’s means of ensuring an equivalent level of safety is met. 

Determining the equivalent level of safety may necessitate limitations that go beyond the 

established regulations because the proposed operation is, by its need for an exemption, 

outside the normal regulatory structure.

Limitation No. 4, incorrectly required that the pilot in command (PIC) for the B-17 must hold 

at least a commercial pilot certificate with an airplane single-engine land rating and an 

airplane instrument rating. This is corrected by requiring that the PIC must hold at least a 

commercial pilot certificate with an airplane multi-engine land rating and an airplane 

instrument rating.

Limitation No. 9, Required Training Tasks table for PICs of the B-17, tasks (c), (d) and (e) as 

previously drafted lead the user to the incorrect impression that an actual shutdown of a 

powerplant was required during task (c); Takeoffs & Departures. This clarification is 

necessary since the term “simulated powerplant failure” was used in task (e); Landings and 

Approaches to Landings; however, tasks (c) and (d) did not use the word “simulated.” The 

wording is revised to clarify that the actual shutdown (and re-start) of a powerplant should 

only be demonstrated in task (d); Inflight Maneuvers. The revision also stipulates that an 

actual shutdown and re-start of a powerplant is only required for initial PIC qualification.

Limitation No. 10, Required Training Tasks table for PICs in the Spirit of St. Louis, tasks (c),

(d) and (e) as previously drafted lead the user to the incorrect impression that an actual 

shutdown of a powerplant was required during task (c); Takeoffs & Departures. This 

clarification is necessary since the term “simulated powerplant failure” was used in task (e); 

Landings and Approaches to Landings; however, tasks (c) and (d) did not use the word 

“simulated.” The wording is revised to clarify that all powerplant failures referenced in this 

table should be simulated.

 

Limitation No. 11, Required Training Tasks table for second in command (SIC) in the B-17, 

task (e) had previously used the terms “engine-out procedures” and “maneuvering with an 

engine-out” which is inconsistent with the terminology used in the PIC training table. The 

wording is revised to state the requirements are; “powerplant failure procedures” and 

“maneuvering with a simulated powerplant failure.”
3

Limitation No. 15, had previously referenced an incomplete list of records that must be made 

available, upon request, to the Milwaukee Flight Standards District Office (FSDO). The 

limitation previously stated “When requested by the FAA, the EAA’s pilot qualification and 

recurrent ground and flight training programs and/or records listed in condition Nos. 5, 6, 7, 

8, 9, 10, 11, 12, 13, and 14 must be made available to the Milwaukee FSDO...” The 

limitation is corrected to state that “When requested, EAA pilot qualification and recurrent 

ground and flight training programs and/or records listed under the conditions of this 

exemption must be made available to the Milwaukee FSDO...”

Limitation No. 17(b), had previously referenced an incomplete list of records that must be 

made available for FAA review, when requested. The limitation previously stated “EAA will 

maintain the following information and records and will make those records available for 

FAA review when requested: Copies of the PIC’s pilot certificate, medical certificate, 

qualifications, and initial and recurrent training and testing documentation to comply with 

condition Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14; and” The limitation is corrected to state 

that “EAA will maintain the following information and records and will make those records 

available for FAA review when requested: ...(b) Copies of the PIC’s pilot certificate, medical 

certificate, pilot qualification and recurrent ground and flight training programs and/or records 

listed under the conditions of this exemption; and”

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

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

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the conditions and 

limitations listed below.

Conditions and Limitations

1. This exemption applies only to the following aircraft:

a. B-17, N5017N; and

b. The EAA Spirit of St. Louis replica Ryan NYP.

2. EAA must maintain its B-17 in accordance with the—

a. Maintenance requirements as specified in the B-17 type specification sheet, as 

amended;

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(e), (f)(4), and (g); and

c. B-17 military technical manuals.

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

a. Maintenance requirements as specified in its Spirit of St. Louis operating 

limitations, as amended; and
4

b. FAA-approved maintenance inspection program that meets the requirements of 

§ 91.409(a) and (b).

4. The PIC for the B-17 must –

a. Hold at least a commercial pilot certificate with an airplane multi-engine land 

rating and an airplane instrument rating;

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

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

which PIC privileges are sought;

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

check in the B-17 for which PIC privileges are sought;

d. Have at least a total of:

i. 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical 

flight experience in multiengine land airplanes, and 25 hours in a B-17; or

ii. 1,000 hours of aeronautical flight experience, 200 hours of aeronautical 

flight experience in a multiengine land airplane, and 100 hours and 

50 takeoffs and 50 landings in a B-17; and

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

to a full stop in a B-17 for which PIC privileges are sought. For initial PIC 

qualification in a B-17 or if the pilot has allowed his/her takeoff and landing 

currency to lapse in a B-17, the takeoff and landing currency may not be 

accomplished during passenger-carrying operations.

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

a. Hold at least a commercial pilot certificate with an airplane single-engine land 

rating and an airplane instrument rating;

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

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

St. Louis for which PIC privileges are sought;

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

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

d. Have at least a total of:

i. 2,500 hours of aeronautical flight experience, 1,000 hours of aeronautical 

flight experience in single-engine land airplanes, and 25 hours in the Spirit 

of St. Louis;* or

[*NOTE: 12.5 hours of the aeronautical flight experience required to be 

performed in the Spirit of St. Louis may be performed in EAA’s 1929 

Travel Air E-4000.]
5

ii. 1,000 hours of aeronautical flight experience, 200 hours of aeronautical 

flight experience in a single-engine land airplane, and 100 hours and 

50 takeoffs and 50 landings in the Spirit of St. Louis; ** and

[**NOTE: 50 hours and 25 takeoffs and 25 landings of the aeronautical 

flight experience required to be performed in the Spirit of St. Louis may be 

performed in EAA’s 1929 Travel Air E-4000.]

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

to a full stop in the Spirit of St. Louis for which PIC privileges are sought. For 

initial PIC qualification in the Spirit of St. Louis or if the pilot has allowed his/her 

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

landing currency may not be accomplished during passenger-carrying operations.

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

a. Hold at least a commercial pilot certificate with an airplane multiengine land 

rating and an airplane instrument rating;

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

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

SIC privileges are sought;

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

check in a B-17 for which SIC privileges are sought;

d. Have at least a total of :

i. 1,500 hours of aeronautical flight experience, 250 hours of aeronautical 

flight experience in a multiengine land airplane; or

 

ii. 500 hours of aeronautical flight experience, 100 hours of aeronautical 

flight experience in a multiengine land airplane, and 25 hours and 10 

takeoffs and 10 landings in a B-17; and

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

to a full stop in a B-17 for which SIC privileges are sought. For initial SIC 

qualification in a B-17 or if the pilot has allowed his/her takeoff and landing 

currency to lapse in a B-17, the takeoff and landing currency may not be 

accomplished during passenger-carrying operations.

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

training program for its PICs and SICs in the B-17 that covers the training subjects 

listed below. Each PIC and SIC in the B-17 must receive the following training 

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

in these areas prior to serving in a PIC or SIC position in the B-17:
6

REQUIRED TRAINING TASKS

a. General information and description of the airplane;

b. Aircraft limitations;

c. Aircraft servicing; 

d. Airspeeds; 

e. Fuel system; 

f. Electrical system; 

g. Hydraulic system; 

h. Engines; 

i. Instruments and avionics; 

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

k. Propeller; 

l. Emergency procedures, including—

(i) Instruction in emergency assignments and procedures, including coordination among 

crewmembers;

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

equipment, including—

A. First aid equipment and its proper use; and

B. Portable fire extinguishers, with emphasis on the type of extinguisher to be used on 

different classes of fires;

(iii) Instruction in the handling of emergency situations, including—

A. Fire in flight or on the surface and smoke control procedures with emphasis on 

electrical equipment and related circuit breakers found in cabin areas; and

B. Illness, injury, or other abnormal situations involving passengers or crewmembers;

m. Weight and balance; 

n. Performance planning; and 

o. Airplane’s checklist.

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

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

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

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

competent and proficient in these areas prior to serving as PIC in the Spirit of 

St. Louis: 

REQUIRED TRAINING TASKS

a. General information and description of the airplane;

b. Aircraft limitations;

c. Aircraft servicing; 

d. Airspeeds; 

e. Fuel system; 

f. Electrical system; 

g. Hydraulic system; 
7

h. Engines;

i. Instruments and avionics; 

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

k. Propeller; 

l. Emergency procedures, including—

(i) Instruction in emergency assignments and procedures, including coordination among 

crewmembers;

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

equipment, including—

A. First aid equipment and its proper use; and

B. Portable fire extinguishers, with emphasis on the type of extinguisher to be used on 

different classes of fires;

(iii) Instruction in the handling of emergency situations, including—

A. Fire in flight or on the surface and smoke control procedures with emphasis on 

electrical equipment and related circuit breakers found in cabin areas; and

B. Illness, injury, or other abnormal situations involving passengers or crewmembers;

m. Weight and balance; 

n. Performance planning; and 

o. Airplane’s checklist.

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

 training program for its PICs in the B-17 that covers the areas of operations and 

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

 successfully accomplish this training before being assigned PIC responsibilities and 

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

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

 competent and proficient in these areas prior to serving in a PIC position in the B-17 

 for EAA:

REQUIRED TRAINING TASKS

a. Preflight Preparation, including—

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

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

b. Ground Operations, including—

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures;

(iv) Taxiing; and 

(v) Pre-takeoff checks.

c. Takeoffs & Departures, including—

(i) Normal & crosswind takeoffs;

(ii) Simulated powerplant failure; and 

(iii) Rejected takeoffs.
8

d. In-flight Maneuvers, including—

(i) Steep turns;

(ii) Approach to stalls;

(iii) Powerplant failure (actual shutdown and re-start procedure for initial PIC 

qualification, all other powerplant failure training may be simulated); and

(iv) Specific flight characteristics.

e. Landings & Approaches to Landing, including—

(i) Normal & crosswind approaches & landing;

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

(iii) Rejected landing; and

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

f. Normal & Abnormal Procedures, including—

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;

(iv) Hydraulic system;

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

(vi) Fire detection & extinguishing system;

(vii) Navigation & avionics system;

(viii) Automatic flight control system, electronic flight instrument system, & related 

systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti-ice & deice system; and 

(xi) Aircraft & personal emergency equipment.

g. Emergency Procedures, including—

(i) In-flight fire & smoke removal;

(ii) Emergency descent;

(iii) Ditching; and

(iv) Emergency evacuation.

h. Postflight Procedures, including—

(i) After landing procedures; and 

(ii) Parking and securing aircraft.

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

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

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

tasks. Each PIC in the Spirit of St. Louis must successfully accomplish this training 

before being assigned PIC responsibilities and duties. Each PIC in the Spirit of 

St. Louis must receive and successfully accomplish the following training within the 

previous 12 calendar months and be found to be competent and proficient in these 

areas prior to serving as PIC in the Spirit of St. Louis:
9

REQUIRED TRAINING TASKS

a. Preflight Preparation, including—

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

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

b. Ground Operations, including—

(i) Preflight inspection;

(ii) Cockpit resource management;

(iii) Powerplant start procedures;

(iv) Taxiing; and

(v) Pre-takeoff checks.

c. Takeoffs & Departures, including—

(i) Normal & crosswind takeoffs;

(ii) Simulated Powerplant failure; and

(iii) Rejected takeoffs.

d. In-flight Maneuvers, including—

(i) Steep turns;

(ii) Approach to stalls;

(iii) Simulated Powerplant failure; and

(iv) Specific flight characteristics.

e. Landings & Approaches to Landing, including—

(i) Normal & crosswind approaches & landing;

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

(iii) Rejected landing; and 

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

f. Normal & Abnormal Procedures, including—

(i) Powerplant;

(ii) Fuel system;

(iii) Electrical system;

(iv) Hydraulic system;

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

(vi) Fire detection & extinguishing system;

(vii) Navigation & avionics system;

(viii) Automatic flight control system, electronic flight instrument system, & related 

systems (as appropriate and if equipped);

(ix) Flight control system;

(x) Anti-ice & deice system; and

(xi) Aircraft & personal emergency equipment.

g. Emergency Procedures, including—

(i) In-flight fire & smoke removal;

(ii) Emergency descent;

(iii) Ditching; and 

(iv) Emergency evacuation.

h. Postflight Procedures, including—
10

(i) After landing procedures; and

(ii) Parking and securing aircraft.

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

training program for its SICs in the B-17 that covers areas of operations and tasks, as 

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

accomplish this training before being assigned SIC responsibilities and duties. Each 

SIC in the B-17 must receive and successfully accomplish the following training 

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

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

REQUIRED TRAINING TASKS:

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

b. Performance specifications and limitations;

c. Normal, abnormal, and emergency operating procedures;

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

controls;

e. Powerplant failure procedures and maneuvering with a simulated powerplant failure

while executing the duties of PIC;

f. Crew resource management training; and

g. Familiarization with the airplane flight manual, placards, and markings.

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

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

passed a competency check given by the FAA or an authorized check pilot in that 

aircraft to determine the pilot’s competence in practical skills and techniques in the 

appropriate aircraft. The competency check will consist of the appropriate 

maneuvers and procedures currently required for the original issuance of the 

commercial pilot certificate. The FAA’s Milwaukee Flight Standards District Office 

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

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

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

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

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

the check required by this exemption within the preceding 12 calendar months may 

be substituted for recurrent flight training. 

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

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

That documentation and records must contain the following information:

a. Date of each training session;

b. Date of each testing session;
11

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

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

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

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

g. The airplane identification number in which each flight training session was 

received;

h. The airplane identification number in which each flight testing session was 

received;

i. The name and certificate number of the pilot who provided each session of 

training;

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

testing;

k. The signature and printed name of the pilot who received the training. That 

pilot’s signature will serve as a verification of having received each session of 

training; and

l. The signature and printed name of the pilot who received the testing. That pilot’s 

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

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

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

available to the Milwaukee FSDO, 4915 South Howell Avenue, Milwaukee, 

Wisconsin 53207, (414) 486-2920.

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

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

all required maintenance inspections and repairs.

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

records available for FAA review when requested:

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

in its airplanes under the terms of this exemption;

b. Copies of the PIC’s pilot certificate, medical certificate, pilot qualification and 

recurrent ground and flight training programs and/or records listed under the 

conditions of this exemption; and

c. Records of maintenance performed and maintenance inspection records to comply 

with condition Nos. 2 and 3, as appropriate. Maintenance and inspection records 

must meet the requirements of §§ 43.9, 43.11, and 91.405.
12

18. Before permitting a person to be carried on board its airplane for the purposes 

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

only a limited airworthiness certificate; the significance of the airworthiness 

certificate as compared to a standard airworthiness certificate; and that the FAA has 

authorized this flight under a grant of exemption from the requirements of §§ 91.315, 

91.319, 119.5(g), and 119.21(a). The explanation of the significance of a limited 

airworthiness certificate, experimental airworthiness certificate compared to a 

standard airworthiness certificate must include at least the following information:

a. The FAA has not established nor has it approved limited-category-airworthinesscertificated aircraft manufacturing standards. The FAA has not established nor 

has it approved experimental-category-airworthiness-certificated aircraft 

manufacturing standards. In contrast, standard-category-airworthinesscertificated aircraft are manufactured to FAA-approved standards, including 

standards addressing the design of the aircraft and life-limited parts;

b. Limited-category-airworthiness-certificated aircraft are issued when the FAA 

finds the airplane—

i. Has been previously issued a limited-category type certificate and the 

aircraft conforms to that type certificate; and

ii. To be in a good state of preservation and repair and is in a safe operating 

condition;

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

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

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

motion picture, television, and similar productions and the maintenance of 

exhibition flight proficiency, including (for persons exhibiting the aircraft) flying 

to and from such airshows and productions; and

d. Standard-category airworthiness certificates are issued for an aircraft when the 

FAA finds the—

i. Aircraft has been built and maintained in accordance with that aircraft’s 

type certification standards as established by the FAA; and

ii. Aircraft’s inspection and maintenance requirements are in compliance 

with the applicable Federal Aviation Regulations.

19. EAA must notify the Milwaukee FSDO within 24 hours of any of the following 

occurrences by written report, by electronic mail, or by facsimile. For the purpose of 

this section, “during flight” means the period from the moment the airplane leaves the 

surface of the earth on takeoff until it touches down on landing.

a. Each in-flight fire in any system or area that requires activation of any fire 

suppression system or discharge of a portable fire extinguisher;
13

b. Each exhaust system component failure, including the turbocharger components, 

that causes damage to any engine, structure, cowling, or components;

c. Each airplane component or system that causes, during flight, accumulation or 

circulation of noxious fumes, smoke, or vapor in any portion of the cabin or crew 

area;

d. Except for training, each occurrence of engine shutdown or propeller feathering, 

and the reason for such shutdown or feathering;

e. Each failure of the propeller governing systems or feathering systems;

f. Any landing gear system or component failures or malfunctions, which require 

use of emergency or standby extension systems;

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

control on the ground;

h. Each airplane structure that requires major repair due to damage, deformation, or 

corrosion, and the method of repair;

i. Each failure or malfunction of the fuel system, tanks, pumps, or valves; and

j. Each malfunction, failure, or defect in any system or component that requires 

taking emergency action of any type during the course of any flight.

20. All flight operations must be conducted —

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

level (AGL);

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

Air Almanac, as converted to local time;

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

permitted at the departure airport;

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

ceiling of not less than 1,500 feet AGL; and

e. From an airport that has a fire station or fire-fighting services available or within 

close proximity of the airport.

21. Passenger-carrying operations for compensation may be conducted at distances 

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

concurrence of the FAA FSDO having geographic responsibility for the aviation 

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

operator must provide information pertaining to the proposed route of flight, which 

will avoid densely populated areas or congested airways in accordance with 14 CFR 

§ 91.319(c) for aircraft certificated in the experimental category. Those operators 

utilizing aircraft certificated in the limited category are not bound by the restriction 

regarding the avoidance of densely populated areas or congested airways.
14

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

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

flight and valid for the duration of the proposed operation that indicate that the 

weather would be no less than 5 statute miles visibility and cloud ceilings no less than 

2,000 feet AGL. Passenger-carrying operations shall be terminated if ceiling and 

visibility become less than the minimum required by these conditions and limitations. 

Weather forecasts listing discriminators such as probability (PROB), becoming 

(BECOMG), or temporarily (TEMPO) shall be limiting.

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

station of the airplane during flight operations. 

24. Except for essential crewmembers, all flight operations must carry no more than the 

maximum number of passengers permitted by the aircraft’s weight and balance 

limitations and number of approved seats in the airplane.

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

equipment must be in an operable condition during the flight.

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

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

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

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

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

PIC initial or recurrent proficiency checks required to be conducted under the terms 

of this grant of exemption.

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

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

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

jurisdictional FAA FSDO.

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

the aircraft. 

30. For all aircraft subject to this exemption, flight within 500 feet of another aircraft 

(i.e., formation flying) is prohibited.

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

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

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

manipulate the flight controls during flight operations.
15

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

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

training program, and conditions and limitations of this exemption.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or revocation of Exemption No. 6541, as amended.

The Effect of Our Decision

The termination date of Exemption No. 6541 is extended to November 30, 2015, unless 

sooner superseded or rescinded. 

Sincerely,

/s/

Michael J. Zenkovich

Acting Deputy Director, Flight Standards Service