AFS-14-354-E 

June 26, 2014 

 Exemption No. 11016 

 Regulatory Docket No. FAA-2014-0444 

Mr. Donald Dillman 

Managing Director, Flight Operations 

Airlines for America 

1301 Pennsylvania Avenue 

Suite 1100 

Washington, DC 20004 

Dear Mr. Dillman: 

This letter is to inform you that we have granted your request for exemption from Title 14, Code 

of Federal Regulations (14 CFR) § 61.39(b). This document explains the basis for our decision, 

describes its effect, and lists the conditions and limitations, including the date it ends. 

The Basis for Our Decision 

By letter dated April 7, 2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Air Transport Association of America Inc., dba Airlines for America (A4A) for an 

extention to Exemption No. 10566. However, the FAA has construed the request as a new 

petition for exemption due to changes to the regulations that were part of the Pilot Qualification 

and Certification Requirements for Air Carrier Operations final rule issued on July 15, 2013, (78 

FR 42324).1

 Section 61.39(b)(2) permits an applicant for an airline transport pilot certificate 

with an airplane category multiengine class rating or airline transport pilot certificate with an 

airplane type rating to take the practical test with an expired knowledge test if the applicant 

passed the knowledge test after July 31, 2014, and is employed as a flightcrew member by a part 

 

1

 In anticipation of the impending statutory requirement for all pilots in part 121 operations to hold an ATP 

certificate by August 2, 2013, A4A petitioned the FAA for a grant of exemption for its member carriers that 

would permit SICs who completed an air carrier’s approved SIC training program to take the practical test 

with an expired knowledge test. The FAA granted the exemption on June 21, 2012. Former § 61.39(b) only 

permitted pilots who had completed an air carrier’s pilot in command training program to take the practical 

test with an expired knowledge test. 
2 

119 certificate holder conducting operations under part 121 at the time of the practical test and 

has satisfactorily accomplished the certificate holder’s approved initial training program. 

The FAA has determined that good cause exists for not publishing a summary of the petition on 

the Federal Register because the requested exemption would not set a precedent, and any delay 

in acting on this petition would be detrimental to A4A. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10930 (copy enclosed), the FAA 

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

safety equivalent to that provided by current regulations. Approved part 121 training programs 

provide extensive ground and flight training specific to the aircraft type and the part 121 

operation in which the pilot will be serving. The FAA feels that the comprehensive nature of this 

training provides sufficient assurance that the pilot’s knowledge has been adequately checked 

prior to the certification evaluation for the ATP certificate. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant of 

Exemption No. 10930; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10930 also 

apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision

The FAA has determined that under the terms of this exemption, a pilot who passed the 

knowledge test prior to August 1, 2014, may continue to use an expired knowledge test result 

when applying for the practical test for an ATP certificate or a type rating completed 

concurrently with an ATP certificate after successful completion of an approved part 121 initial 

training program. Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which 

the FAA Administrator has delegated to me, Airlines for America is granted an exemption from 

the date restriction in § 61.39(b) to the extent necessary to allow pilots serving in part 121 

operations to take the practical test for an ATP certificate with an expired knowledge test and is 

subject to the conditions and limitations described below. 

Conditions and Limitations 

1. Pilots must meet the eligibility requirements for ATP certification in § 61.153, the 

applicable flight proficiency requirements in § 61.157, and the aeronautical experience 

requirements in §§ 61.159 or 61.160. 
3 

2. Any expired knowledge test results from tests taken before August 1, 2014, cannot be used 

to apply for the practical test after July 31, 2014 under this exemption. 

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

of exemption will not be extended or renewed. 

Sincerely, 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service