AFS-16-4059-E 

March 24, 2016 

 Exemption No. 10959A 

 Regulatory Docket No. FAA-2011-0656 

Mr. Mackenzie Dickson 

Government Advocacy Specialist 

Experimental Aircraft Association 

P.O. Box 3086 

Oshkosh, WI 54903-3086 

Dear Mr. Dickson: 

This letter is to inform you that we have granted your petition to extend Exemption No. 

10959, as amended. 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 December 21, 2015, you petitioned the Federal Aviation Administration 

(FAA) on behalf of the Experimental Aircraft Association (EAA) for an extension of 

Exemption No. 10959. That exemption from § 91.315 of Title 14, Code of Federal 

Regulations (14 CFR) allows initial type-rating flight training for compensation and hire in 

EAA’s Boeing B-17, N5017N, and Boeing B-25, N10V, both limited category civil aircraft. 

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 the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to EAA. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 10959, 

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

authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA Administrator has 
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delegated to me, I grant the Experimental Aircraft Association (EAA) an exemption from 14 

CFR § 91.315 to allow initial type-rating flight training for compensation and hire in EAA’s 

Boeing B-17, N5017N, and Boeing B-25, N10V, both limited category civil aircraft, subject 

to the following conditions and limitations. 

Conditions and Limitations 

1. This exemption applies only to the aircraft listed below. All of these aircraft, when 

used for flight instruction under this exemption, must be in the operational control of 

EAA. 

a. B-17, N5017N; and 

b. B-25 N10V. 

2. The privileges of this exemption are limited to flight training intended for the purpose 

of recurrent pilot training, proficiency, or training for an FAA certificate, rating, or 

authorization. 

3. Persons receiving flight training under this exemption must hold at least a private pilot 

certificate with applicable category and class ratings. Persons receiving flight 

instruction in the B-17 or B-25 must meet the second-in-command (SIC) requirements 

of § 61.55. 

4. The privileges of this exemption may only be exercised under the auspices of a 

training manual that identifies specific syllabi for all ground and flight training 

activities conducted for each aircraft. EAA must provide all students with a copy of 

the appropriate syllabi prior to conducting training. The training manual must also 

contain the following information: 

a. A syllabus of each training activity under this exemption for each aircraft. 

b. A description of operational limitations for each aircraft used for flight training 

under this exemption. 

c. A requirement that pilots receiving instruction under this exemption must log 

the flight time in a pilot logbook or training record. Each entry must cite the 

appropriate EAA syllabus and lesson taught during that flight. 

d. The training manual must identify the name and contact information for the 

individual acting as chief instructor for EAA operations under this exemption. 

The individual named as chief instructor must meet all the following 

qualifications: 

i. Hold a commercial pilot certificate or airline transport pilot certificate 

with instrument, category, and class ratings for all aircraft operated 

under this exemption. 

ii. Hold a certificated flight instructor (CFI) certificate with appropriate 

category and class ratings. 
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5. The following documents must be provided by EAA to the Flight Standards District 

Office (FSDO) with geographic responsibility for the airport where flight training will 

be conducted, and must be provided to any representative of the FAA Administrator 

upon request: 

a. A copy of the current exemption; 

b. A copy of the EAA training manual, and 

c. The qualifications of each instructor conducting training under the terms of the 

exemption. 

6. 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. 

7. EAA must maintain its B-25 in accordance with the: 

a. Maintenance requirements as specified in its B-25 operating limitations, as 

amended; 

b. FAA-approved maintenance inspection program that meets the scope and 

content of § 91.409(e), (f)(4), and (g); and 

c. B-25 military technical manuals. 

8. The person providing instruction in the B-17 and B-25 must: 

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

rating, an airplane instrument rating, the appropriate type rating, and CFI 

certificate with airplane multiengine rating; 

b. Have at least a total of 1,500 hours of aeronautical flight experience, including 

25 hours as pilot-in-command in the type aircraft; 25 takeoffs and 25 landings 

in the type aircraft; and 

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

landings to a full stop in the B-17 or B-25, as applicable. 

9. EAA must inform anyone receiving flight instruction under this exemption that its 

aircraft 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. The explanation of the significance of a limited airworthiness certificate 
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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 

airworthiness certificated aircraft manufacturing standards. In contrast, 

standard category airworthiness certificated 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 aircraft— 

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. 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. 

10. EAA must notify the jurisdictional FSDO by written report, electronic mail, or 

facsimile, of any of the following occurrences within 24 hours. For the purpose of 

this section, “during flight” or “in-flight” means the period from the moment the 

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

a. Any of the following in-flight occurrences: 

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

fire suppression system or discharge of a portable fire extinguisher; 

ii. Each aircraft 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; 

iii. Except for training, each occurrence of in-flight engine shutdown or 

propeller feathering and the reason for such shutdown or feathering; 

iv. Any landing gear system or component failures or malfunctions, which 

require use of emergency or standby extension systems; and 

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

requires taking emergency action of any type during the course of any 

flight. 

b. Any of the following in-flight or ground occurrences: 
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i. Each exhaust system component failure, including the turbocharger or 

supercharger components, that causes damage to any engine, structure, 

cowling, or components; 

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

and 

iii. Each failure or malfunction of the fuel system, tanks, pumps, or valves. 

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

control on the ground; 

d. Each aircraft structure that requires major repair due to damage, deformation, 

or corrosion and the method of repair; and 

11. All flight operations must be conducted with a minimum flight visibility of not less 

than three statute miles and a minimum ceiling of not less than 1,500 feet above 

ground level (AGL), unless the flight is conducted under instrumental flight rule (IFR) 

or special visual flight rule (VFR). 

12. No other persons may be permitted aboard the aircraft during flight operations, except 

for the following: 

a. The person acting as flight instructor; 

b. The person who possesses at least a private pilot certificate with appropriate 

category and class ratings receiving flight instruction; and 

c. Up to two additional people acting as pilot-trainees who meet the requirements 

of Condition/Limitation No. 12(b). Observers may be either a trainee (who is 

also enrolled in a course identified in the training manual for the same aircraft) 

or an employee of EAA performing an official function such as instructional 

oversight. 

13. All aircraft must have the equipment listed in § 91.205 (as applicable to the operation 

being conducted) and § 91.207, and that equipment must be in an operable condition 

during the flight. 

14. 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 this exemption. 
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The Effect of Our Decision 

This exemption terminates on March 31, 2018, unless sooner superseded or rescinded. 

Sincerely, 

//s// 

John Barbagallo 

Deputy Director, Flight Standards Service