Edward John Silva

205 Centre St ● Hereford, TX ● 79045

Edwardsilva16@hotmail.com

January 28, 2014

U.S. Department of Transportation

Docket Management System

400 7th Street, S.W., Room PL 401

Washington, D.C. 20591

RE: Petition for Exemption from Federal Aviation Regulations Sections 61.39, 61.153 and 61.156 – Airline Transport 

Pilot Eligibility Requirements

To Whom It May Concern, 

I respectfully submit the following petition for exemption from the Federal Aviation Regulations – 14 C.F.R. §61.39, 

61.153, and 61.156 – Airline Transport Pilot Eligibility Requirements. 

BACKGROUND

On July 7, 2013, the FAA released the Final Rule for pilot certification and qualification requirements for air carrier 

operations [Doc. No. FAA-2010-0100, 78 FR 42323] – commonly referred to as the “First Officer Qualification (FOQ) 

Rule” or “1,500 Hour Rule.” 

One of the significant changes to the certification process was that, after August 1, 2014, aspiring multiengine 

airplane ATPs would have to complete a FAA-approved Airline Transport Pilot Certification Program (ATP CTP). The 

program consists of, at a minimum, 30 hours of academic coursework and 10 hours of training in Flight Simulation 

Training Devices (FSTDs): six hours in a Level C or higher Flight Simulation System (FSS) and four hours in a Level 4 

or higher Flight Training Device (FTD). The ATP CTP is estimated to cost ATP candidates several thousand dollars, 

often paid out of pocket, and must be completed prior to taking the new multiengine airplane ATP written exam. 

PETITION FOR EXEMPTION

I respectfully seek an exemption from Sections 61.39, 61.153 and 61.156 to allow me to take the ATP multiengine 

airplane knowledge exam without completion of an ATP CTP. The terms of the exemption would provide an 

equivalent level of safety to those that successfully passed the ATP knowledge exam prior to August 1, 2014. The 

exemption would allow me to, as a member of the U.S. armed forces, assigned outside of the United States, 

preserving, protecting, and defending the American public, obtain additional time to take the knowledge exam. 

Granting of the exemption would successfully build upon the existing allowances afforded to U.S. military

personnel under SFAR No. 100-2 and stands to maintain or enhance the current level of safety.

I am seeking relief specifically from the following regulatory requirements:

14 C.F.R. §61.39, Prerequisites for Practical Tests.

(d) In addition to the requirements in paragraph (a) of this section, to be eligible for a practical 

test for an airline transport pilot certificate with an airplane category multiengine class rating or 
Petition for Exemption from §61.39, §61.153 and §61.156

Page 2 of 4

airline transport pilot certificate obtained concurrently with an airplane type rating, an applicant 

must:

(1) If the applicant passed the knowledge test after July 31, 2014, present the graduation 

certificate for the airline transport pilot certification training program in § 61.156, at the time of 

application for the practical test;

and

14 C.F.R. §61.153, Eligibility Requirements: General.

To be eligible for an airline transport pilot certificate, a person must:

(e) After July 31, 2014, for an airline transport pilot certificate with an airplane category 

multiengine class rating or an airline transport pilot certificate obtained concurrently with an 

airplane type rating, receive a graduation certificate from an authorized training provider 

certifying completion of the airline transport pilot certification training program specified in 

§61.156 before applying for the knowledge test required by paragraph (g) of this section;

and

14 C.F.R. §61.156, Training Requirements: Airplane category – multiengine class rating or 

airplane type rating concurrently with airline transport pilot certificate.

After July 31, 2014, a person who applies for the knowledge test for an airline transport pilot 

certificate with an airplane category multiengine class rating must present a graduation 

certificate from an authorized training provider under part 121, 135, 141, or 142 of this chapter 

certifying the applicant has completed the following training in a course approved by the 

Administrator.

If the exemption is granted, I will have to successfully take and pass the new multiengine airplane ATP knowledge 

exam (without ATP CTP requirement) and the ATP multiengine airplane practical test prior to August 1, 2016. 

INTEREST OF THE PETITIONER

I am currently a Captain in the United States Air Force flying the Boeing C-17 Globemaster III and was deployed in 

2014 to Romania in support of Operation Enduring Freedom flying primarily to and from Afghanistan. I have 

accumulated more than the required flight hours to meet the ATP requirements and currently hold a Commercial 

Pilot Certificate, airplane single and multiengine land, with an instrument rating and type ratings in the BE-400 and 

MU-300. 

Although I was aware of the changes to the ATP certification process and intended to take the ATP written exam 

prior to the August 1 deadline, due to a short notice deployment, I was simply unable to do so. Unfortunately, 

while stationed overseas, there were no testing centers located near me that afforded the opportunity to take the 

exam. 

SUPPORT FOR THE PETITION

Existing Regulatory Precedent - On March 4, 2010, the FAA published in the Federal Register a Direct Final Rule 

providing relief for U.S. Military and Civilian Personnel who are assigned outside the United States in support of 

U.S. Armed Forces Operations [Doc. No. FAA-2009-0923, 75 FR 9766].

The Final Rule replaced Special Federal Aviation Regulation 100-1 (SFAR 100-1), with SFAR 100-2 that continued to 

allow Flight Standards District Offices (FSDOs) to accept expired flight instructor certificates and inspection 
Petition for Exemption from §61.39, §61.153 and §61.156

Page 3 of 4

authorizations for renewals from U.S. military and civilian personnel (U.S. personnel) who are assigned outside the 

United States in support of U.S. Armed Forces operations. SFAR 100-2 also continued to allow FSDOs to accept 

expired airman written test reports for certain practical tests from U.S. personnel who are assigned outside the 

United States in support of U.S. Armed Forces operations. The FAA held that the action was necessary to avoid 

penalizing U.S. personnel who are unable to meet the regulatory time limits of their flight instructor certificate, 

inspection authorization, or airman written test report because they were serving outside the United States in 

support of U.S. Armed Forces operations. The effect of the action was to give U.S. personnel who were assigned 

outside the United States in support of U.S. Armed Forces operations extra time to meet certain eligibility 

requirements in the current rules.

In the Federal Register posting the FAA provided the following justification for the action –

“Currently, the U.S. Armed Forces are engaged in activities that have resulted in overseas 

assignments for both military and civilian personnel. Because of the unexpected duration of 

these assignments, the FAA has determined that the flight instructor certificates, inspection 

authorizations, and airman written test reports held by some U.S. military and civilian personnel 

may expire before they return to the United States. If so, these individuals would have to 

reestablish their qualifications. We believe it is unfair to penalize these military and civilian 

personnel in this manner. Therefore, the FAA has determined that we should provide relief to 

these U.S. personnel who are unable to comply with some of the regulatory time constraints as a 

result of their assignment outside the United States in support of U.S. Armed Forces operations.”

The agency’s regulatory action and reasoning was also detailed –

“After the terrorist attacks of September 11, 2001, many U.S. military and civilian personnel were 

assigned outside the United States in support of Operation Enduring Freedom. For this reason, 

we adopted SFAR 96 to provide relief to a narrow range of individuals in a narrow set of 

circumstances. (67 FR 30524, May 6, 2002). As a result of the continuing conflicts, the FAA 

superseded SFAR 96 with SFAR 100 (68 FR 36902, June 20, 2003) that applied to all military and 

civilian personnel assigned overseas in support of any and all U.S. Armed Forces operations. 

Additionally, the FAA further extended SFAR 100 with the issuance of SFAR 100-1 (70 FR 37946-

37949, June 30, 2005) with an expiration date of June 20, 2010. Most of these U.S. military and 

civilian personnel are or will be located at military bases that are away from their normal training 

or work environment. There are no FAA aviation safety inspectors, designated examiners, or FAA 

facilities readily available in the areas where these U.S. military and civilian personnel are 

assigned.

SFAR 100-2 replaces SFAR 100-1. SFAR 100-2 is being issued without an expiration date and will 

remain in effect until further notice. This ensures these U.S. personnel assigned outside of the 

United States, who continue to preserve, protect and defend the American public, can obtain 

additional time for renewal of their flight instructor certificates, inspection authorizations, and 

airman written test reports.”

Equivalent to greater level of safety – Granting of the petition would be as if I took and passed the ATP knowledge 

test on July 31, 2014 and afforded me the two-year window to successfully pass the practical exam. The FAA has 

acknowledged a rush of ATP written examinations prior to August 1, 2014 and I would have been included in those 

numbers had I not been actively deployed overseas and/or had access to a testing center. 

The two-year limitation, coupled with the “comprehensive and demanding nature of military pilot training” will 

ensure that I have at least an equivalent level of safety compared to those prospective ATP applicants that passed 

the ATP knowledge exam prior to August 1, 2014. 
Petition for Exemption from §61.39, §61.153 and §61.156

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Public interest – The public has a strong and substantial interest in maintaining, developing, and improving the 

aviation industry and in supporting the FAA’s statutory duties of, among other things, maintaining and enhancing 

commercial airline safety, regulating the way that best promotes safety, developing and encouraging aeronautics, 

and preserving the public right of freedom to transit through the nation. This petition for exemption would allow 

me to pursue an ATP certificate and civilian airline career which will ensure a high level of competency, training, 

and standardization – all gained through my comprehensive and demanding military pilot training. 

CONCLUSION –

The FAA recognized the sacrifices that we military pilots endure to protect our nation’s freedom when it 

established SFAR 100-2, required to avoid penalizing U.S. personnel who were unable to meet the regulatory time 

limits because they were serving outside the United States in support of U.S. Armed Forces operations. That action 

gave our nation’s aviators extra time to meet certain eligibility requirements in the current rules but at the time of 

its enactment, the new ATP rule and its requirements were not in place. 

Granting of the petition would afford me the exact provisions granted to pilots who took the ATP knowledge test 

prior to August 1, 2014. Although I knew of the key dates and intended to take the exam, I simply could not, due 

to being deployed overseas and not having access to a testing site. SFAR 100-2 was created for just this scenario. 

Furthermore, granting the exemption will not decrease the current level of safety, in any way, and stands to 

enhance it through encouraging myself, a highly qualified military aviator, to transition into a civilian commercial 

airline career. Having a pilot who has gone through the military’s comprehensive and demanding training will 

benefit both the commercial airlines and the flying public. 

For the reasons stated above, I respectfully request the FAA act favorably and expeditiously on their petition for 

exemption. I stand ready to assist the FAA and provide any additional information it might need to act favorably 

on the request. 

Sincerely,

Edward John Silva

Captain, United States Air Force