AFS-11-136-E Feb 15 2011

Exemption No. 4914K Regulatory Docket No. FAA-2002-11402

Mr. Randy Hansen Government Programs Director Experimental Aircraft Association 3000 Poberezny Road Oshkosh, WI 54901

Dear Mr. Hansen:

This letter is to inform you that we have granted your petition to extend Exemption No. 4941, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated January 13, 2011 and supplemental letter dated January 25, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Experimental Aircraft Association (EAA) for an extension of Exemption No. 4941, as amended. That exemption from §§ 61.58(a)(2) and 91.5 of Title 14, Code of Federal Regulations allows EAA members to complete an approved training course in lieu of a pilot proficiency check, in its B-25 and

C-47 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.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 4941, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition. All conditions and limitations with the exception of No. 7 of Exemption No. 4941, as amended, remain the same.

Conditions and Limitations

1. EAA must establish a ground and flight traini ng course on each type of airplane listed in Condition No. 7. Each training course must be approved by the FAA’s Flight Standards District Office (FSDO), Gene ral Mitchell Field, FAA/WB Building, 5300 South Howell Avenue, Milwaukee, Wisconsin 53207. The use of training devices or

simulators is not authorized.

2. The training course for each type of airplane listed in Condition No. 7 must include instruction and training on all the maneuvers and procedures required for the original issuance of a type rating, appropriate to the airplanes’ operating limitations. In addition, the course completion standards and requirements shall be at least equal to those required for a type rating.

3. EAA must notify the FAA’s FSDO at least 5 working days prior to a person beginning training.

4. EAA must prepare an end-of-course written test for each airplane covering the operating limitations, systems, weight and balance procedures, performance procedures, and normal, abnormal, and emergency procedures. The written test must be comprehensive and also be revised when changes are needed or requested by the

FAA. Each end-of-course written test mu st be approved by the FAA’s FSDO. Each person who completes EAA's training course must satisfactorily complete this written test with a grade of at least 80 percent. In addition, EAA must notify the FAA’s FSDO at least 5 working days prior to conducting the end-of-course written test.

5. EAA shall prepare an end-of-course flight test for each airplane, and the test must be approved by the FAA’s FSDO. The test must cover the maneuvers and procedures (appropriate to the operating limitations and conditions of the airplane) that are required for the original issuance of a type rating. Each pilot applicant must perform these maneuvers and procedures to the standards that are required for original issuance of a type rating. In addition, EAA must notify the FAA’s FSDO at least 5 days prior to conducting an end-of-course flight test.3

6. No person may serve as pilot in command of an airplane listed in Condition No. 7 under the terms of this exemption unless that person:

a. Holds a type rating for that airplane; and

b. Has within the previous 12 calendar months, satisfactorily completed the approved training course for that airplane. However, a person who completes the training course in the calendar month before or the calendar month after the

month in which it is due is considered to have taken it in the month it is due.

7. No airplane other than those specifically listed below may be operated under the terms of this exemption:

North American B-25 Douglas C-47

8. EAA must appoint a chief instructor to admi nister the training course and that person must be acceptable to the FAA’s FSDO.

9. Each person employed by EAA as a flight instructor under the terms of this exemption

shall:

a. Hold the appropriate category and class rating and a type rating in the specific type of airplane;

b. Within the previous 12 calendar months, satisfactorily complete the approved training course for the specific type airplane in which that person serves as an instructor. However, a person who completes the training in the calendar

month before or the calendar month after the month in which it is due is considered to have taken it in the month it is due;

c. Within the previous 12 calendar months, complete a course of ground training on the following subject matters:

i. Training policies and procedures;

ii. Instruction methods and techniques;

iii. Minimum equipment requirements as it relates to EAA’s Exemption No. 4766;

iv. Revisions to the courses of training; and

v. Review of incidents, accidents, and mechanical discrepancies of the airplane.

10. EAA must establish and maintain a current and accurate training record (the person’s logbook is not acceptable for this record) for each person (including each EAA instructor) enrolled in its training course for at least 1 year after this grant of exemption expires. The training record must be acceptable to the FAA’s FSDO. The training record must include:4

a. The date each person starts and completes the training course;

b. A chronological log of the person’s a ttendance, flight and ground subjects covered in each training session, and whether the person’s performance was satisfactory or unsatisfactory; and

c. A certificate of completion signed by the chief instructor certifying to the person’s satisfactory completion of the training course.

11. In addition, EAA shall maintain a record of any accident or incident involving airplanes being operated under this exemption.

12. This grant of exemption is valid only when a person is operating one of the types of airplanes listed in Condition No. 7 for EAA or Warbirds of America.

13. No person or property other than as necessary for the intended operation may be carried aboard those airplanes listed in Condition No. 7 that are not certificated in the standard airworthiness category.

14. Each person must carry a copy of this exem ption and the certificate of completion of the training course whenever serving as a pilot in command under the provisions of this exemption.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 4941, as amended, to June 30, 2013 unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service