May 16, 2012 

Docket FAA-2007-0001-0001

Federal Aviation Administration 

Office of the Chief Counsel 

Attention: Regulations Division (AGC-200) 

800 Independence Ave., SW, Room 915G 

Washington, DC 20591 

Re: Petition for Exemption 

Dear Sir or Madam: 

 Comair, Inc, petitions pursuant to Sections 11.61 and 11.63 of the Federal Aviation 

Regulations (“FARs”) for an exemption from the regulatory requirements of FARs 61.39(a) and 

(b) and 61.157(b) and (c) with regards to applicants for (i) an aircraft type rating to be added to 

an airline transport pilot certificate or (ii) a type rating to be concurrently completed with an 

airline transport pilot certificate. 

Currently, FAR 61.39(b)(1)(i) and (ii) provides for an exception from the requirements of 

FAR 61.39(a)(1) insofar as it allows the use of an expired knowledge test so long as the applicant 

is an employee of a Part 121, 125, or 135 certificate holder and “has satisfactorily accomplished 

that operator’s approved pilot in command aircraft qualification training program and 

qualification training requirements for the certificate and rating sought.” FAR 61.39(b). In 

addition, FAR 61.157(c) provides for an exception from the requirements of FAR 61.157(b). 

Thus, an aircraft type rating applicant is exempt from ground and flight training, as well as 

practical test, on the areas of operation under 61.157(e) so long as the applicant is an employee 

of a Part 121 or 135 certificate holder and “presents a training record that shows completion of 

the certificate holder’s approved pilot in command training program for the aircraft type rating.” 

FAR 61.157(c). 

In contemplation of the fast-approaching August 2, 2013 deadline for compliance with the 

statutory requirement contained in the Airline Safety and Federal Aviation Administration 

Extension Act of 2010 (the “Act”) that all Part 121 flight crew members must hold an ATP 

certificate, Comair requests that our pilots participating in our AQP approved second in 

command training program also be able to take advantage of the exceptions in FAR 61.39(b) and 

61.157(c) , upon presenting a training record showing completion of the certificate holder’s 

approved second in command training program for the aircraft type rating. As a condition for 

accepting this relief, Comair will agree not to allow our SICs to operate as PICs under their new 
Federal Aviation Administration 

Office of the Chief Counsel 

Attention: Regulations Division (AGC-200) 

May 16, 2012 

Page 2 

ATP certificate until they have completed Comair’s approved PIC training program. To the 

extent necessary to receive the benefits of the above-mentioned requests, Comair also seeks a 

parallel exemption under FAR 61.51. 

Approval of the exemption requested herein is in the public interest inasmuch as it would 

reduce unnecessary costs and facilitate compliance with the statutory requirements of the Act 

and any corresponding regulatory provisions that are adopted, to the extent applicable. The FAA 

has acknowledged in Notice N8900.184 that delays in the ATP certification process of SICs 

“could pose significant challenges” to air carriers and the FAA itself due to the number of SICs 

who currently only hold a commercial pilot certificate and the training hours and certification 

activities required to provide ATP certification. Granting this narrowly tailored exemption 

request would alleviate our concerns about meeting the compliance deadline without 

compromising aviation safety. 

Comair respectfully requests that the exemption be granted expeditiously. A delay in 

granting this exemption would result in hardship to our customer’s inasmuch as otherwise 

qualified SICs would not be able to perform their duties, causing a loss of revenue that would 

ultimately affect the price of air transportation. 

 Please do not hesitate to contact me if you have any questions or require additional 

information in order to act on this petition. 

 Respectfully submitted, 

Captain Steven A. Briner 

 Director, Corporate Training 

 Comair, Inc. 

 82 Comair Blvd. 

 Erlanger, Ky 41018 

 (859)-980-7631 

 SBriner@comair.com