Exemption No. 10588 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

EXPERIMENTAL AIRCRAFT Regulatory Docket No. FAA-2012-0406 

ASSOCIATION (EAA) 

WARBIRDS OF AMERICA 

(WOA) 

 

for an exemption from § 91.531(a)(1) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

 By letter dated April 10, 2012, Mr. Bill Fischer, Executive Director, Experimental Aircraft 

Association (EAA), Warbirds of America (WOA), P.O. Box 3086, Oshkosh, Wisconsin 54903-

3086 petitioned the Federal Aviation Administration (FAA) for an exemption from § 91.531, of 

Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would 

allow the operation of large airplanes that possess 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) of that airplane. 

The petitioner requests relief from the following regulation:

Section 91.531(a)(1) prescribes, in pertinent part, that except as provided in paragraph (b) 

and (d) of this section, no person may operate the following airplanes without a pilot who 

is designated as second in command of that airplane: 

(1) A large airplane, except that a person may operate an airplane certificated under 

SFAR 41 without a pilot who is designated as second in command if that 

airplane is certificated for operation with one pilot. 

AFS-12-318-E 
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Section 91.531(b) specifies states that the Administrator may issue a letter of authorization 

for the operation of an airplane without compliance with the requirements of paragraph (a) 

of this section if that 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: 

EAA WOA seeks an exemption to permit large aircraft possessing experimental certificates 

for the purpose of exhibition that have been designed with one pilot station, to operate 

without a pilot who is designated as SIC of that airplane. The petitioner notes 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 that because these aircraft are not designed 

for, operated with, or equipped with provisions for an additional pilot, the requirements of 

§ 91.531 cannot be met. 

The petitioner states that granting this exemption will allow continued operation of these rare 

and unique national treasures that are typically operated under the provisions of an 

experimental certificate for the purpose of exhibition. The petitioner notes that operation of 

these aircraft does not require that the pilot possess a traditional aircraft type rating as would 

be required if these aircraft were certificated in the standard category. The petitioner also 

notes that operation of these aircraft promotes aviation and military history while providing 

the public with an opportunity to see aircraft associated with some of our nation’s historic 

moments. The petitioner asserts that the operation of these aircraft educates the public and 

serves to honor the sacrifices of our nation. 

The petitioner is particularly concerned about the impact of the regulation on its members 

and provides examples of affected aircraft which include the Douglas AD-1 Skyraider, the 

Grumman OV-1 Mohawk, the MiG-15/17, and the North American F-86. The petitioner 

states that the immediate approval of this petition for exemption will permit the continued 

operation, preservation, and presentation of these rare and unique aircraft which are all 

historic aircraft and national treasures. 

The petitioner notes that the safety of its pilots, members, and the general public is a 

fundamental concern of EAA and its pilot members as they prepare for flight operations. 

The petitioner recognizes that the FAA, EAA members, and the general public must be 

confident that a level of safety equivalent to that which would be expected in an aircraft 

certified in the standard category is applied to the operation of large experimental aircraft 

certified for the purpose of exhibition. These aircraft are maintained and inspected in 

accordance with operating limitations issued by the FAA and operated in accordance with 

their respective aircraft manufacturer’s operator’s manuals, operating limitations, and sound 

safety practices. 
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The petitioner states that its request would benefit the public as a whole because the 

continued operation of these aircraft promotes aviation and military history. They provide 

the general public an opportunity to see aircraft associated with some of our nation’s historic 

moments. The petitioner reiterates that the operation of these aircraft educates the public, 

and serves to honor the sacrifices of so many of our nation’s finest. 

The petitioner notes that the FAA has continually permitted and actively encouraged the 

operation of these aircraft for the purpose of demonstrating 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 our rich aviation heritage. 

The petitioner also notes that the public loses an opportunity to learn of the sacrifices of so 

many of this nation’s military aviators. 

The FAA has determined that good cause exists for waiving the requirement for Federal Register

publication because any delay in acting on this petition would adversely affect the ability of the 

petitioner’s members to conduct operations in the affected aircraft. 

The FAA's analysis is as follows:

The FAA has fully considered the petitioner’s request and supporting information. The FAA 

finds that a grant of exemption would be in the public interest and would provide a level of 

safety equivalent to that provided by the regulations. 

Section 91.531 was originally promulgated as § 91.213 (37 FR 14758; July 25, 1972). In 1989 

part 91 was reorganized and § 91.213 was recodified as § 91.531. In the 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 of the rule, 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 not believe 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 of exemption 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. 
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The FAA finds that relief from 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 of airplanes designed for and type certificated with only one 

pilot station to obtain limited relief from the provisions of § 91.531(a). As relief from 

§ 91.531(a)(1) provides the necessary relief required by the petitioner, relief from the provisions 

of § 91.531(b) is not required. 

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 relief cannot be provided 

under the provisions of an exemption. Such relief is more appropriately requested in a petition 

for rulemaking. Additionally, even though the petitioner requested relief to permit the operation 

of large aircraft, the provisions of § 91.531(a) and (b) only apply to the operation of large 

airplanes. 

The FAA notes that the petitioner only requested relief to permit the operation of large airplanes 

designed with only one pilot station without a second in command. The FAA notes that many 

trainer versions of large aircraft that have two pilot stations were designed to be safely operated 

with only one pilot and that other aircraft normally 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 

relief for operators of aircraft 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 of these 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 of those who served. The FAA 

has continually permitted and has actively encouraged the operation of these airplanes for the 

purpose of demonstrating 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 § 91.531(a)(1) 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 of our aviation heritage. 

The FAA’s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me 

by the Administrator, the Experimental Aircraft Association Warbirds of America 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 of exhibition, 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 authorized 
5

by an armed 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. EAA WOA must maintain a current list of owners and operators conducting operations under 

the provisions of this exemption. The list must include the owner/operator’s name and 

address and the manufacturer, model, serial number, and registration number of the airplane 

being operated. This list must be made available to the FAA upon request. 

2. When exercising the privileges of this exemption, the pilot of the airplane must have in his or 

her personal possession documentation indicating that he or she is currently a member of 

EAA WOA. This documentation must be presented when requested by a representative of 

the Administrator. 

3. A copy of this exemption must be carried aboard any airplane operated under the provisions 

of this exemption when such operations are conducted. 

4. The operating limitations for the airplane must not require a second flight crewmember. 

5. The pilot in command must have demonstrated proficiency to operate the aircraft as a single 

pilot. 

6. The airplane must not be in a configuration for which a second flight crewmember was 

required by an armed force that operated the aircraft. 

7. Any operational limitations specified by the airplane’s manufacturer or imposed by an armed 

force to permit the operation of these airplanes with a single flight crewmember (e.g. military 

technical order) must be complied with. 

8. This exemption does not provide relief from compliance with the provisions of any operating 

limitation issued pursuant to the provisions of 14 CFR § 91.319. 

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on July 20, 2012. 

/s/ 

Raymond Towles, 

Acting Director, Flight Standards 

 Service