IEt\A l\'l\R81RDS OF AMERICA A DIVISION OF EAA P.O. Box 3086 Oshkosh. WI 54903-3086

www.warbirds-eaa.org "Keep 'em li'Jying''


### March 10,2014

U.S. Department ofTransportation Docket Operations, M-30 West Building, ground floor Room W12-140 1200New Jersey Avenue, SE Washington D.C. 20590
DearDocket Operations,
Wewould like totakethis opportunityto request an extension ofExemption 10588 from 14 CFR (FAR Section

- Part: 91.531), issued to EAAWarbirds ofAmerica, permittingthe operation of large**airpl~nes** 

### that posses experimental certificates forthe purpose ofexhibition whichhave been designed with only one pilot station, tobe operated without a pilot who is designated as second.in.command 

### (SIC) ofthat airplane. Support for the exemptionremains essentially the same as' applied in oti'original.request. Also, the exemption continues tobe in the public's interest.

. · ·· ·. The exemption has been administered forthepasttwo years byEAAWarbirds ofAmericaunder docket numberFAA-2012-0406. There have been no problems or any degradation ofsafety sincethe implementation ofthis particularexemption.
In orderto continue operation ofthese aircraft underthe terms ofthe exemption and to allow for adding otherstothe list, it is imperative the exemption be extended for anothertwo years or longerperiod oftime as appropriate. EncloSed please find a copy ofthe original exemption. We lookforward toyour early replyto ourrequest.

# M~**~ill.F~scher, .Ex~utive**  

### Director EAAWarbirds ofAmerica 3000.PobereznyR9ad :·**~**

### .

. Oshkosh, WI 54903-3086 .(920) 426-4874

. .Exemption No. 10588
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASillNGTON, DC 20591

In the matter ofthe petition of


### EXPERIMENTALAIRCRAFT ASSOCIATION (EAA) WARBIRDS OFAMERICA (WOA)
for an exemption from§ 91.531(a)(1) ofTitle 14, Code of Federal Regulations 

### Regulatory Docket No. FAA-2012-0406

GRANT 

### OFEXEMPTION By-letter dated April 10, 2012, Mr. Bill Fischer, Executive Director, Experimental Aircraft Association (EAA), Warbirds ofAmerica (WOA), P.O. Box 3086, Oshkosh, Wisconsin 54903- 3086petitioned the Federal Aviation Administration (FAA) for an exemption from§ 91.531, of Title 14, Code ofFederal Regulations (14 CFR). The proposed exemption, ifgranted, would allow the operation oflarge airplanes thatpossess experimental certificates for the purpose of exhibition which have been designed with only one pilot station, to be operated without a pilot who is designated as second in command (SIC) ofthat airplane.


### The petitioner requests relieffrom the following regulation: Section 91.531(a)(l) prescribes, inpertinentpart, that except as provided inparagraph (b) and (d) ofthis section, no person may operate the following airplanes without a pilotwho is designated as second 

### in command ofthat airplane: (1) A large airplane, exceptthat a person may operate an airplane certificated under SFAR41 without a pilot who is designated as second in command ifthat airplane is certificated for operation with one pilot.

AFS-12-318-E

### 2 Section 91.531(b) specifies states that the Administrator may issue a letter ofauthorization for the operation ofan airplane without compliance with the requirements ofparagraph (a) ofthis section ifthat airplane is designed for and type certificated with only one pilot station. The authorization contains any conditions that the Administrator finds necessary for safe operation. 

### The petitioner supports its request with the following information: BAA WOA seeks an exemption to permit large aircraftpossessing experimental certificates for the purpose ofexhibition that have been designed with onepilot station, to operate without a pilot who is designated as SIC ofthat airplane. The petitionernotes that these aircraft were designed to be flown with only one pilot, at one pilot station. The petitioner notes that while some aircraft were designed to accommodate additional non-pilot crewmembers, several aircraft designs are single seat aircraft and have no provision for any additional crewmembers. The petitioner contends thatbecause these aircraft are not designed for, operated with, or equipped with provisions for an additional pilot, the requirements of 

### § 91.531 cannotbe met. The petitioner states that granting this exemption will allow continued operation ofthese rare and unique national treasures that are typically operated under the provisions ofan experimental certificate for the purpose ofexhibition. Thepetitionernotes that operation of these aircraft does notrequire that the pilot possess a traditional aircraft type rating as would be required ifthese aircraft were certificated inthe standard category. Thepetitioner also notes that operation ofthese aircraft promotes aviation and military history whileproviding the public with an opportunity to see aircraft associated with some ofournation's historic moments. The petitioner asserts thatthe operation ofthese aircraft educates the public and serves to honor the sacrifices ofournation. The petitioner is particularly concerned aboutthe impact ofthe regulation on its members and provides examples ofaffected aircraft which include the Douglas AD-I Skyraider, the Grumman OV-1 Mohawk, the MiG-15/17, and the NorthAmericanF-86. The petitioner states that the immediate approval ofthis petition for exemption will permit the continued operation, preservation, andpresentation ofthese rare andunique aircraft which are all historic aircraft and national treasures. The petitionernotes that the safety ofits pilots, members, and the generalpublic is a fundamental concern ofBAA and its pilotmembers as theyprepare for flight operations. The petitionerrecognizes that the FAA, BAA members, and the general public mustbe confident that a level ofsafety equivalenttothat which would be expected in an aircraft certified in the standard category is applied to the operation oflarge experimental aircraft certified for the purpose ofexhibition. These aircraft are maintained and inspected in accordance with operating limitations issued by the FAA and operated in accordance with theirrespective aircraft manufacturer's operator's manuals, operating limitations, and sound safetypractices.

# . \

3 The petitioner states that its request would benefit the public as a whole because the continued operation ofthese aircraft promotes aviation and military history. They provide the general public an opportunity to see aircraft associated with some ofour nation's historic moments. The petitionerreiterates that the operation ofthese aircraft educates the public, and serves to honor the sacrifices ofso many ofour nation's finest. The petitioner notes that the FAA has continually permitted and actively encouraged the operation ofthese aircraft for the purpose ofdemonstrating their unique flight and historic characteristics to the public. The petitioner further contends that the provisions of§ 91.531 prevents these rare aircraft from being flown and presented to the public. Therefore, the public is not afforded the opportunity to witness and learn about ourrich aviation heritage. The petitioner also notes that the public loses an opportunity to learn ofthe sacrifices ofso many ofthis nation's military aviators.
The FAA has determined that good cause exists for waiving the requirement for Federal Register publicationbecause any delay in acting on this petition would adversely affect the ability ofthe petitioner's members to conduct operations in the affected aircraft.
TheFAA's analysis is as follows: TheFAA has fully considered the petitioner's request and supporting information. The FAA finds that a grant ofexemption would be in the public interest and would provide a level of safety equivalent to thatprovided by the regulations.
Section 91.531 was originallypromulgated as§ 91.213 (37 FR 14758; July 25, 1972). In 1989 part 91 was reorganized and§ 91.213 was recodified as§ 91.531. Inthe preamble to the final rule establishing§ 91.213, the FAA stated that "to accommodate those airplanes having only one pilot station, such as former military airplanes certificated for special operations, § 91.213 as adopted permits an airplane having only one pilot station to be operated under an authorization from the Administrator" (37 FR 14762). Despite the actual provisions oftherule, the FAA notes that the preamble to the final rule did not distinguish between type certificated and nontype certificated airplanes as set forth in the rule. The FAA, however, does notbelieve that the rule's original intent was to preclude the Administrator from permitting those operations specified by the petitioner to be conducted without a second in command.
The FAA finds that a grant ofexemption is appropriate as these airplanes have been operated in military service without a pilot designated as second in command in a manner that has not adversely affected safety. Additionally, these airplanes are maintained, operated, and inspected in accordance with operating limitations issued by the FAA which set forth specific conditions for their safe operation. They have also been both designed and approved by various armed forces to be flown by a single pilot without an additional required flight crewmember. Pilots of these aircraft are also required to demonstrate proficiency through practical testing that includes oral and flight testing specific to the particular airplane operated.

# . \

The FAA finds that relieffrom the provisions of§ 91.531(a)(1) is necessary to provide the relief requested by the petitioner. The FAA notes, however, that the provisions of § 91.531(b) provide a regulatory means for operators ofairplanes designed for and type certificated with only one pilot station to obtain limited relieffrom the provisions of§ 91.531(a). As relieffrom § 91.531(a)(l) provides the necessary reliefrequired by the petitioner, relieffrom the provisions of§ 91.531(b) is notrequired. Although the petitioner noted in its submission that a revision to the language of§ 91.531(b) could potentially provide its members with appropriate relief, such reliefcannotbe provided under the provisions ofan exemption. Such reliefis more appropriately requested in a petition for ru1emaking. Additionally, even though the petitioner requested reliefto permit the operation oflarge aircraft, the provisions of§ 91.531(a) and (b) only apply to the operation oflarge airplanes. The FAA notes that the petitioner only requested reliefto permit the operation oflarge airplanes designed with only one pilot station without a second 

### in command. The FAA notes that many trainer versions oflarge aircraft that have two pilot stations were designed to be safely operated with only one pilot and that other aircraftnormally designed for operations with a pilot and a second non-pilot flight crewmember were also designed and approved for single pilot operation by the armed force which operated the aircraft. Accordingly, the FAA is also providing similar relieffor operators ofaircraft that were designed with more than one pilot station (or a single pilot station and a required flight crewmember station) but were authorized by an armed force that operated the aircraft to be operated with only one pilot and no additional flight crewmember. The FAA concurs with the petitioner that the continued operation ofthese airplanes promotes aviation and military history. These airplanes provide the general public with a unique opportunity to see airplanes associated with significant events in our nation's history and serve to educate the public about these events and honor the sacrifices ofthose who served. The FAA has continually permitted and has actively encouraged the operation ofthese airplanes for the purpose ofdemonstrating their historic significance and unique flight characteristics to the public. The FAA agrees that it is in the public interest to grant an exemption from the provisions of§ 91.53l(a)(l) in order to permit these aircraft to be flown and exhibited in a manner commensurate with their historical significance and provide the public an opportunity gain a greater appreciation ofour aviation heritage. 

### The FAA's Decision In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest. Therefore, pursuant to the authority contained in49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, the Experimental AircraftAssociation Warbirds ofAmerica is granted an exemption from 14 CFR § 91.531(a)(1) to the extent necessary to allow its members to operate large airplanes, that possess experimental certificates for the purpose ofexhibition, without a pilot who is designated as second in command provided those aircraft: (1) were originally designed with only one pilot station; or (2) were originally designed with more than one pilot station (or a single pilot station and a required flight crewmember station) and were authorized5 by an anned force that operated the aircraft to be operated with only one pilot and no additional flight crewmember. This exemption is subject to the following conditions and limitations. 

### Conditions and Limitations 1. BAA WOA must maintain a current list ofowners and operators conducting operations under the provisions ofthis exemption. The list must include the owner/operator's name and ' address and the manufacturer, model, serial number, and registration number ofthe airplane being operated. This list must be made available to the FAA upon request.
2. When exercising the privileges ofthis exemption, the pilot ofthe airplane must have in his or herpersonal possession documentation indicating that he or she is currently a member of BAA WOA. This documentation must be presented whenrequested by a representative of the Administrator.
3. A copy ofthis exemption must be carried aboard any airplane operated under the provisions ofthis exemption when such operations are conducted.
4. The operating limitations for the airplane must notrequire a second flight crewmember.
5. The pilot in command musthave demonstrated proficiencyto operate the aircraft as a single pilot.
6. The airplane must notbe 

### in a configuration for which a secondflight crewmember was required by an armed force that operated the aircraft.
7. Any operational limitations specified by the airplane's manufacturer orimposedby an armed force to permit the operation ofthese airplanes with a single flight crewmember (e.g. military technical order) must be complied with.
8. This exemption does notprovide relieffrom compliance with the provisions ofany operating limitation issued pursuant to the provisions of 14 CFR 

### § 91.319.
This exemption terminates onJuly 31,2014, unless soaRer superseded orrescinded.
Issued in Washington, D.C., onJuly 20, 2012. 

### Is/ Raymond Towles, Acting Director, Flight Standards

· Service