P.O. Box 700548, Dallas, Texas 75370-0548 

(972) 725-9000  FAX (972) 725-9090 

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

West Building, Ground Floor, Room W12-140 

Washington, D.C. 20590 

January 23, 2016 

Re: Petition for Exemption 

Via Electronic Filing 

Dear Sir or Madam: 

Pursuant to 14 CFR Part 11, this is a Petition for Exemption from a specific portion of 14 CFR. 

I. Name and mailing address: Pat Hulsey, Director of Operations, Ameristar Air Cargo, Inc., 4400 

Glenn Curtiss Drive, Addison, TX 75001 

II. Relief is sought from 14 CFR part 121 §121.436 to allow experience gained as a pilot in 

command (PIC) under 14 CFR Part 121 (Part 121) prior to 31 July 2013 to count towards the 

experience requirements of 14 CFR 121.436(a)(3) hereinafter 121.436. This request for 

exemption is exactly the same as the request by Mr. Raymond Salmon in FAA Docket FAA2014-0658. The FAA granted Mr. Salmon’s request for relief in that petition.1

III. Extent of relief sought and reasons for this petition for exemption: 

An exemption is sought to allow experience gained as a PIC under 14 CFR Part 121 prior to 31 

July 2013 to count towards the experience requirements of 14 CFR 121.436(a)(3), even though 

a pilot was not serving as a PIC on the specific date of July 31, 2013. 

A. Background 

The FAA promulgated 121.436 as the result of congressional action and the FAA’s final 

notice of proposed rulemaking (NPRM). The language is very specific as to the 

qualifications that were intended for a pilot to be eligible to be a PIC n 14 CFR part 121 

(Part 121) operations. The intent appears to have been for a prospective PIC in Part 121 

operations to have the experience similar to that of a Part 121 PIC. This is very clear in 

the following passages: 

1. In Public Law 111-216 The Airline Safety and Federal Aviation Administration 

Extension Act of 2010 (FAA Extension Act of 2010) it states: 

“(a) Requirements 

(1) Rulemaking Proceeding.—The Administrator of the Federal Aviation 

Administration shall conduct a rulemaking proceeding to require part 

121 air carriers to develop and implement means and methods for 

ensuring that flight crewmembers have proper qualifications and 

experience. 

(2) Minimum Requirements.— 

(A) Prospective Flight Crewmembers.—Rules issued under paragraph 

(1) shall ensure that prospective flight crewmembers undergo 

comprehensive pre-employment screening, including an 

assessment of the skills, aptitudes, airmanship, and suitability of 

each applicant for a position as a flight crewmember in terms of 

functioning effectively in the air carrier’s operational environment. 

 

1

 FAA Docket-2014-0658-0007 
Exemption Petition from 14 CFR Part 121 §121.436 Page 2 January 6, 2016

(B) All Flight Crewmembers.— Rules issued under paragraph (1) shall 

ensure that, after the date that is 3 years after the date of enactment 

of this Act, all flight crewmembers— 

(i) have obtained an airline transport pilot certificate under part 61 

of title 14, Code of Federal Regulations; and 

(ii) have appropriate multi-engine aircraft flight experience, as 

determined by the Administrator.”2

2. In the final rule to the NPRM Pilot Certification and Qualifications Requirements for 

Air Carrier Operations (Final Rule), the FAA stated: 

“The Airline Safety and Federal Aviation Administration Extension Act of 2010 

(Pub. L. 111-216) directed the FAA to conduct a rulemaking to improve the 

qualifications and training for pilots serving in air carrier operations. Specifically, 

section 216 of the Act focused on the qualifications of air carrier pilots and 

directed the FAA to issue a rule that would require all pilots serving in part 121 

air carrier operations to hold an ATP certificate by August 2, 2013. Section 217 

of the Act directed the FAA to amend 14 CFR part 61 to modify ATP 

certification requirements to prepare a pilot to function effectively in a multipilot 

(multicrew) environment, in adverse weather conditions, during high altitude 

operations, and in an air carrier environment, as well as to adhere to the 

highest professional standards. Section 217 also directed the FAA to ensure 

pilots have sufficient flight hours in difficult operational conditions that may be 

encountered in air carrier operations...”3 (Emphasis added) 

3. In the preamble to 14 CFR part 121 §121.436, the FAA addressed comments on 

what type of flight time should count for the 1,000 hours of experience. 

a . For instructors, the FAA stated: 

“...the FAA chose these particular operations in subpart K of part 91 and part 

135 because they are air carrier-like operations that require the PIC to hold an 

ATP certificate. The ability to fly at the airline transport pilot (ATP) certificate 

level and have demonstrated this proficiency during evaluation is an important 

regulatory differentiation. Specifically, these pilots will have gained 

experience as a PIC of a turbojet airplane...”4

 (Emphasis added.) 

b. For pilots, the FAA stated: 

“The FAA first proposed that certain operations under part 135 should require 

an ATP certificate in 1977. In that NPRM, the FAA stated the requirement to 

hold an ATP certificate to act as PIC in some part 135 operations was ‘[. . .] 

based in part on operational complexity and the number of persons carried, 

would provide a level of safety more comparable to that provided by part 121.’ 

For these same reasons the FAA has determined that flight time acquired as 

a PIC in operations under §91.1053(a)(2)(i),and §135.243(a)(1) and flight time 

acquired as an SIC in part 121 operations should count towards the 1,000 

hour air carrier experience requirement. Operations under §91.1053(a)(2)(i) or 

§135.243(a)(1) require an ATP certificate, are multicrew operations, and 

generally use turbine aircraft and therefore are the most applicable to part 121 

operations. The FAA has determined that, while other part 91 and part 135 

operations may involve certain elements that are relatable to part 121 

operations, the varied nature of operations does not make credit toward the 

 

2

 Public Law 111-216 The Airline Safety and Federal Aviation Administration Extension Act of 2010 Sec. 216 Flight Crewmember 

screening and Qualifications 3

 Pilot Certification and Qualification Requirements for Air Carrier Operations Final Rule – FAA Docket No. FAA-2010-0100 

Page 42323 4 Ibid., 42337 
Exemption Petition from 14 CFR Part 121 §121.436 Page 3 January 6, 2016

1,000 hour requirement appropriate. As such, the proposed requirement that 

the 1,000 hours in air carrier operations may be a combination of time as PIC 

in operations conducted under §91.1053(a)(2)(i) or §135.243(a)(1) or as SIC 

in part 121 operations remains unchanged from the NPRM”5

 (emphasis 

added) 

B. The basic elements for flight crewmembers experience as intended by Congress in the 

FAA Extension Act of 2010 for 14 CFR Part 121 (part 121) Operations6

 consisted of: 

1. Screen prospective flight crewmembers to assess the skills, aptitudes, airmanship, 

and suitability of each applicant for a position as a flight crewmember in terms of 

functioning effectively in the air carrier’s operational environment, 

2. Each flight crewmember must obtain an FAA Airline Transport Pilot Certificate 

(ATP), and 

3. Have appropriate multi-engine aircraft flight experience, as determined by the 

Administrator. 

C. The FAA in its final rule stated that it was complying with the FAA Extension Act of 2010 

to prepare pilots for the ATP rating by changes to 14 CFR part 61 to modify ATP 

standards to include: 

1. Have experience in adverse weather conditions, 

2. High altitude operations, 

3. Experience in an air carrier environment, 

4. Experience in multi-crew environment, 

5. Sufficient flight hours in difficult operational conditions that may be encountered in 

air carrier operations, and 

6. Adherence to the highest professional standards 

D. Applicable portions of 121.436: 

1. The FAA issued its final rule on July 15, 20137

 creating new requirements in 

121.436. Before a pilot could become a PIC in part 121 operations, that pilot would be 

required to comply with the following requirements: 

a. 1,000 hours of experience by serving as a PIC in operations under §§ 

91.103(a)(2)(i), 135.243(a)(1), or as a second-in-command (SIC) in part 121 

operations or any combination thereof. For those pilots who are employed as 

a pilot in command in part 121 operations on July 31, 2013, compliance with 

the requirements of this paragraph (a)(3) is not required.8

b. An SIC must have a type rating for the specific aircraft that he/she is going to 

fly, 

c. A PIC must be at least 23 years old 

 

5 Ibid, 42356 and 42357

6

 FAA Extension Act of 2010 ¶a.2. 7 78 FR 42324 

8 14 CFR 121.436(a)(3) 
Exemption Petition from 14 CFR Part 121 §121.436 Page 4 January 6, 2016

E. Arguments 

Ameristar, in addition to the FAA’s points in its grant of exemption to Mr. Salmon, adds 

the following points: 

1. A previously qualified part 121 PIC would have had an ATP certificate and have 

operated in a multi-crew environment during the time that he/she was operating an 

aircraft in part 121 operations. 

2. The previous experience as a part 121 PIC would trump all of the categories of part 

121 PIC look alike experience described in 121.436 including part 135 PIC, part 91 

subpart K, and 121 second in command (SIC) because it is, on its face, the very 

experience that the FAA is trying to bridge to. 

3. A pilot that was acting as PIC in part 121 operations prior to July 31, 2013, would 

have met the requirements intended by both Congress and the FAA as shown in 

¶III, above. 

4. There are no time restrictions as to when a part 121 PIC candidate accumulated the 

time requirements in 121.436 while serving as a PIC while operation under part 135, 

part 91 subpart K or SIC under part 121. As a result, there should be no time 

requirement for a PIC candidate to credit his/her PIC time while operating as a PIC 

in part 121 operations. 

IV. Public Benefit: 

The exemption would increase the number of highly trained and experienced pilots who are 

qualified to fly as pilot in command in Part 121 operations at a time when airlines are struggling 

to find pilots with the requisite experience in order to conduct their operations. The public would 

benefit from an increased level of safety as a result of allowing a pilot with prior 121 PIC 

experience to count that time towards regaining that status. 

V. This exemption would not adversely affect safety and would provide a level of safety at least 

equal to the current rule: 

The overall level of safety provided by this exemption is markedly increased over the current rule 

because a pilot with more extensive training and demanding experience than those who are 

currently allowed in the current 121.436 would become available to serve as a PIC under Part 

121 operations. 

VI. Summary for the Federal Register: 

Ameristar Air Cargo, Inc. seeks an exemption from 14 CFR Part 121.436(a)(3) to the extent 

necessary to allow experience gained as a PIC under 14 CFR Part 121 to count towards the 

experience requirements of 14 CFR 121.436(a)(3), even though that pilot was not serving in that 

capacity on July 31, 2013. This petition is identical to the exemption request by Raymond 

Salmon and granted by the FAA in Docket FAA-2014-0658-007. 

VII. Ameristar Air Cargo, Inc. accepts the responsibilities that would be imposed and the FAA 

limitations stated in FAA Docket FAA-2014-0658-0007 

VIII. Since this petition requests nothing further than what has been previously granted by the FAA, 

Ameristar requests that this petition be granted without the public notice procedures under 5 

U.S.C. 553(b). 

Thank you for your consideration of this petition. 

Sincerely 

Pat Hulsey 

Director of Operations 

Ameristar Air Cargo, Inc. 

972-725-9000 Ext 9601 

phulsey@ameristarjet.com