AFS-11-359-E September 9, 2011

Exemption No. 10356 Regulatory Docket No. FAA-2011-0656

Mr. Randy Hansen

Government Relations Director Experimental Aircraft Association

P.O. Box 3086 Oshkosh, WI 54903-3086

Dear Mr. Hansen:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated June 17, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Experimental Aircraft Associa tion (EAA) for an exemption from § 91.315 ofTitle 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow initial typerating flight training for compensation and hire in EAA’s Boeing B-17, N5017N, and Boeing B-25, N10V, both limited category civil aircraft.

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

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to EAA.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6811 (later amended to Exemption No. 8593) (copy enclosed), the FAA found that the aircraft operated by Stallion 51 are certificated to the standards required for the limited category. The FAA issues limited category airworthiness certificate to aircraft –

1. Previously issued a limited category type certificate;2

2. That conform to that type certificate or properly altered condition;

3. In a good state of preservation and repair; and

4. In a safe operating condition.

Additionally, the FAA imposes no additional conditions for the use of limited category aircraft when used in the certification practical test. The FAA found that flight training is the cornerstone for safe flight operations. The FAA promotes training as evidenced by the requirements for the biennial flight review , the FAA sponsored pilot proficiency award program, and the many FAA-sponsored safety seminars provided by the safety program managers found in all Flight Standards Dist rict Offices (FSDOs) located throughout the United States. The FAA, therefore, found a gran t of exemption to Stallion 51 would provide a segment of the aviation community with flight instruction that might not otherwise be

available.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 6811;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 6811 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Experimental Aircraft Association an exemption from 14 CFR § 91.315 to the extent necessary to allow initial type-rating flight training for compensation and hire in EAA’s Boeing B- 17, N5017N, and Boeing B-25, N10V, subject to

the conditions and limitations described below.

Conditions and Limitations

1. EAA must continue to maintain its B-25 and B-17 aircraft in an airworthy

condition in accordance with—

a. The maintenance requirements specified in the B-25 and B-17 aircraft type specification sheet, as amended;

b. An inspection program that meets the requirements of § 91.409; and

c. Appropriate military technical manuals for the B-25 and B-17 aircraft.

2. The pilot in command (PIC) must—3

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

b. Hold at least a second-class medical certificate;

c. Hold a certificated flight instructor certificate with an airplane multiengine rating;

d. Have completed B-25 or B-17 (as appropriate to the aircraft being used for training) qualification and recurrent flight and ground training within the previous 12 calendar months; and

e. Have accomplished three takeoffs and three landings to a full stop in a B-25 or B-17 (as appropriate to the aircraft being used for training) within the previous 90 days before serving as PIC.

This exemption terminates on September 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

David C. Gillion Acting Deputy Director, Flight Standards

Service

Enclosure