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 training 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), General 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 must 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 administer 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 attendance, 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 exemption 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