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 Aircra ft Association (EAA) for an extension of Exemption No. 10959. That exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR) allows in itial type-rating flight training for compensation and hire in EAA’s Boeing B-17, N5017N, and Boeing B-25, N 10V, 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 justifica tion 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 has2

delegated to me, I grant the Experimental Airc raft Association (EAA) an exemption from 14 CFR § 91.315 to allow initial type-rating flight training for compensatio n 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 limite d 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 ex emption must hold at least a private pilot certificate with applicable category and cl ass 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 onl y be exercised under the auspices of a training manual that identifies specific sy llabi for all ground and flight training activities conducted for each aircraft. EAA must provide all students with a copy of the appropriate syllabi prio r to conducting training. Th e 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 fo r each aircraft used for flight training under this exemption.

c. A requirement that pilots receiving inst ruction under this exemption must log the flight time in a pilot logbook or trai ning record. Each entry must cite the appropriate EAA syllabus and le sson 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 inst ructor 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) certif icate with appropriate category and class ratings.3

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 progr am 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 instructi on in the B-17 and B-25 must:

a. Hold at least a commercial pilot certif icate 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 fli ght 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 airworthine ss 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 significan ce of a limited airwor thiness certificate4

compared to a standard airworthiness certi ficate must include at least the following information:

a. The FAA has not established nor has it approved limited category airworthiness certificated aircraft ma nufacturing standards. In contrast, standard category airworthin ess certificated aircraft are manufactured to FAA approved standards, including standards a ddressing the design of the aircraft and life-limited parts;

b. Limited category airworthine ss certificated aircraft are issued when the FAA finds the aircraft—

i. Has been previously issued a limite d category type certificate and the aircraft conforms to that type certificate; and

ii. To be in a good state of preservati on 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 maintena nce 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 occurren ces within 24 hours. For the purpose of this section, “during flight ” or “in-flight” means the period from the moment the aircraft leaves the surfac e of the earth on takeoff un til 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 discharg e 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 fo r such shutdown or feathering;

iv. Any landing gear system or compone nt failures or malfunctions, which require use of emergency or st andby extension systems; and

v. Each malfunction, failure, or defect in any system or component that requires taking emergency action of a ny type during the course of any flight.

b. Any of the following in-flightor ground occurrences:5

i. Each exhaust system component failur e, including the turbocharger or supercharger components, that causes damage to any engine, structure, cowling, or components;

ii. Each failure of the propeller govern ing 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 w ith 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 conduc ted under instrumental flight rule (IFR) or special visual flight rule (VFR).

12. No other persons may be permitted aboard th e 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 cer tificate 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). Observ ers 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 o fficial function such as instructional oversight.

13. All aircraft must have the equipment liste d in § 91.205 (as appli cable to the operation being conducted) and § 91.207, and that equipm ent 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 suspensi on or revocation of this exemption.6

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