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 Association (EAA) for an exemption from § 91.315 of 

Title 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; 
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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 District Offices (FSDOs) located throughout the 

United States. The FAA, therefore, found a grant 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— 
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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