REGULATORY AFFAIRS

Stephen Fedynyszyn Director Regulatory Affairs

01 February 2010

Docket Management Facility US Department of Transportation 1200 New Jersey Avenue, SE West Building Ground Floor

Room W12-140 Washington, DC 20590

Re: Petition for exemption to 14 CFR Parts 61.57 (d)

Dear Sir or Madam:

In accordance with 14 CFR Part 11 General Rulemaking Procedures, FlightSafety International, certificate numb er UJFX071K, is petitioning fo r exemption to 14 CFR Part 61.57 (d) which specifically states: a person who does not meet instrument recent experience in accordance with FAR Part 61.57( c) must successfully complete an instrument proficiency check (IPC) to reesta blish instrument currency. Furthermore, 61.57(d) specifies that an IPC shall consist of certain areas that are identified in the Instrument Rating Practical Test Standards (PTS) but the PTS makes no provisions for alternate means of satisfying a ny of those required tasks.

The Instrument PTS further describes the minimum level of FSTD necessary to take credit for the training and evaluation that is required to complete the IPC. Except for four (4) maneuvers, the entire IPC can be successf ully completed in a Level-6 FSTD. The exceptions and the minimum device level th at is required for each are as follows:

 Area 4B , Recovery from Unusual Attitudes – Level 7 FTD

 Area 6D , Circling Approach – Level A Simulator

 Area 6E , Landing from Straight In or Circ ling Approach – Level B Simulator

 Area 7C , One Engine Inoperative Instrument Approach – Level A Simulator

FlightSafety’s Level-6 Flight Training Devices incorporate the following features:

 4-axis motion base with c ontrol forces and travel co rresponding to the aircraft,

 Full-scale cockpit replication

 Systems representations, indications and instrumentation that respond appropriately and accurately to the switc hes and controls of the aircraft;

 Night visual system with a field of vision for the pilot and copilot, Instructor station with controls and seat.

PETITION FOR EXEMPTION:

Objective: To seek relief from requirements f ound in the Instrument Rating Practical Test Standards for Airplane and Helicopter, FAA-S-8081-4E as amended, specifically, TASK VS. FLIGHT SIMULATION TRAINING DEVICE (FSTD) CREDIT as it applies to an Instrument Proficiency Check.

REGULATORY REFERENCES:

1. FAR Part 61.56
 61.56(i) allows use of a flight trai ning device subject to the following

conditions: a) “must be used in accordance with an approved course conducted by a training center certific ated under part 142” b) If the device is not approved for la ndings, “the applican t must meet the takeoff and landing requirements of 61.57(a) or 61.57(b)...” c) The device “must represent an aircraft or set of aircraft for which the pilot is rated.”

2. FAR 61.58
 61.58(e) specifies that the PIC check “may be accomplished in a flight simulator under part 142” subject to the following: a) 61.58(e)(2) – If the flight simulator is not qualified and approved for circling approaches,

i. Applicants record will show “Proficiency in circling approaches not demonstrated”; and

ii. Applicant may not perform circli ng approaches as PIC in less than basic VFR conditions “until proficiency in circling approaches has been successfu lly demonstrated in a flight simulator qualified and approved for circling approaches or in

an aircraft...” b) 61.58(e)(3) – If the flight simulator is not qualified and approved for landings, the applicant must have co mpleted at least 3 takeoffs and landings (one to a full stop) in the preceding 90 days in the type airplane for which the PIC proficiency check is sought.

Both of the regulations cited above allow completion of the a ssociated Flight Review or PIC Proficiency Check under the conditions stated in devices that are not specifically approved for circling approaches or landings. Such provisi ons are notably missing from FAR 61.57(d). NOTE: A separate petition for ru lemaking change is also being submitted to the FAA for consideration

.

HISTORICAL BACKGROUNDBefore it was recently changed, 61.57(d) st ated that an IPC would consist of a representative sampling of maneuvers and pr ocedures found in the Instrument PTS, as determined by the evaluator. With this as the regulatory basis, FlightSafety developed 61.57(d) curricula, which were s upported by level-6 devices at several centers, to satisfy instrument proficiency check requirements. FlightSafety was able to use these devices, based on FAA approval letters issued by pr evious training center program managers (TCPM) that specifically authorized thei r use for completion of 61.56, 61.57(c), 61.57(d)

and/or 61.58.

Pilots came to our centers on a frequent basis because they knew that they were able to satisfy these regulatory requi rements using our FSTDs and they did so by taking an approved part-142 training program. This ensu red that they would not only receive the endorsement they sought but high- quality training in the proce ss. The recent change to 61.57(d) now ties the required task s to the Instrument PTS, wh ich in turn specifies the

level device that must be used. Because of th at, FlightSafety is no longer able to use our approved level-6 FSTDs to satisfy all of the tasks required by an IPC, yet there is no evidence to indicate that safety was ever comp romised by doing so in the past. In fact, we feel just the opposite about the training and endorsements we were providing. Pilots came to our centers on a frequent basis because they knew that they were able to get better training using our FSTDs and approved training programs than they would get

from a CFII in the actual aircraft.

SPECIFIC EXEMPTION REQUESTS:

1. Area 4B, Recovery From Unusual Attitudes – FlightSafety is requesting an exemption to allow pilots to take completion credit for this task during an IPC using a

Level-6 FTD. Recommended conditions for the exemption are as follows:

The minimum level flight-training device that can be used to satisfy Area 4B, Recovery from Unusual Attitude s, is a level-6 FTD provided that it is used with an approved course conducted by a training center certificated under part 142 of this chapter.

. 2. Area 6D, Circling Approach – FlightSafety is requesting an exemption to the Instrument PTS requirement for circling approaches as follows:

The minimum level flight-training device that can be used to satisfy Area 6D, Circling Approach, is a level-6 FTD provided the following conditions are met:

a. The flight simulation training device mu st be used in accordance with an approved course conducted by a traini ng center certificate d under part 142 of this chapter; and

b. If the flight simulation training d evice is not qualified and approved for circling approaches – (A) Applicant’s record must be annotated with the statement, “Proficiency in circling approaches not demonstrated”; and(B) Applicant may not perform circling approaches as PIC in less than basic VFR conditions until proficie ncy in circling approaches has been successfully demonstrated in a flight simulator qualified and approved for circling approac hes or in an aircraft.

3. Area 6E, Landing from Straig ht In or Circling Approach – FlightSafety is requesting an exemption to the Instrume nt PTS requirement for landings from a straight in or circling approach as follows:

If the flight simulation tr aining device is not qualified and approved for landings, the applicant must provide documentation th at they meet th e takeoff and landing requirements of 61.57(a) or 61.57(b) of this part.

4. Area 7C, One Engine Inoperative (OEI) Instrument Approach – FlightSafety is requesting an exemption to allow pilots to take completion credit for this task during an IPC using a Level-6 FTD. Recomme nded conditions for the exemption are as

follows:

The minimum level flight-training device that can be used to satisfy Area 7C, One Engine Inoperative Instrument Approach, is a level-6 FTD provided that it is used with an approved course conducted by a tr aining center certificated under part 142 of this chapter.

JUSTIFICATION FOR EXEMPTIONS REQUESTED

1. Area 4B, Recovery From Unusual Attitudes

FlightSafety’s Level-6 devices provide pilots with all ne cessary cues to accommodate PTS requirements associated with recoveries from unusual attitudes. The ability to safely recover from an unusual attitude relies more on sound pr ocedures based on instrument displays rather than on a specific level flight-training device. As such, the Level-6 device provides pilots with an ex cellent training platform to recognize and recover from unusual attitudes without compromising safety.

2. Area 6D, Circling Approach

Existing references are found in 14 CFR Pa rt 61.58, which allows completing a PIC Proficiency Check in training devices that are not specific ally approved for a circling maneuver. FlightSafety maintains that th e same conditions specified in 61.58 can be applied to 61.57(d) without compromising safety.

3. Area 6E, Landing from Straig ht In or Circling ApproachThe Flight Review required by FAR 61.56 a nd the PIC proficiency check required by FAR 61.58 can both be completed in trai ning devices that are not specifically approved for landings provided the pilot can document landing recent experience. FlightSafety maintains that the same conditions specified in 61.56 and 61.58 can be applied to 61.57(d) without compromising safety.

4. Area 7C, One Engine Inoperati ve (OEI) Instrument Approach

FlightSafety maintains that the current In strument PTS FSTD requirement for this task is unnecessarily restrictive. Fli ghtSafety’s Level-6 F light Training Devices incorporate a 4-axis motion system with control forces and travel corresponding to the aircraft and are equipped and full cock pit instrumentation. These devices are capable of providing realis tic instrument approach tr aining by replicating flight conditions and characteristics caused by an engine-out condition, to include providing tactile cues associated with adverse ya w and/or asymmetric thrust. Since the objective of this maneuver is to practice engi ne-out instrument proc edures rather than to qualify the person to land from the appr oach, the level-6 FTD would seem to be completely adequate as an in strument training platform.

The purpose of the maneuver is to ensure co mpetency in OEI procedures and to be knowledgeable of the power, rudder and/or aileron inputs associ ated with a failed engine during the conduct of an instrument approach. Level-6 FSTDs can simulate every essential part of this maneuver safely and accurately without the inherent risk associated with performing engi ne-out procedures in flight.

IMPACT ON FLIGHTSAFETY

Before it was recently changed, 61.57(d) st ated that an IPC would consist of a representative sampling of maneuvers and pr ocedures found in the Instrument PTS, as determined by the evaluator. With this as the regulatory basis, FlightSafety developed 61.57(d) curricula, which were supported by a variety of f light-training devices, to include those qualified as Level-6 FTDs. Ne vertheless, FlightSafety was able to use these devices, based on FAA approval letters issued by previous tr aining center program managers (TCPM) that specifically aut horized their use for completion of 61.56, 61.57(c), 61.57(d) and/or 61.58.

Pilots came to our centers on a frequent basis because they knew that they were able to satisfy these regulatory requi rements using our FSTDs and they did so by taking an approved part-142 training program. This ensu red that they would not only receive the endorsement they sought but high-qual ity training in the process.

The recent change to 61.57(d) now ties the ta sks required to complete an instrument proficiency check to the Instrument PTS, wh ich in turn specifies the level device that must be used. Because of that, FlightSafe ty is no longer able to use certain of our approved FSTDs to satisfy all of the tasks required during an IPC. As a result, certain customers have already cancelled their training contracts with FlightSafety unless we canagain provide course completion and an endorsement for 61.57(d). Unless these exemptions are granted, FlightSafety will be prohibited from completing IPCs using our FSTDs and we can expect a dditional training cancellations.

IMPACT ON THE AVIATION COMMUNITY

The flight-training devices that FlightSafety uses provide an importa nt service to General Aviation pilots and to the aviation community in general, especially to those pilots who fly single and multi-engine propeller and/or tu rbo-propeller aircraft. These pilots are typically the individuals who co me to our centers to seek instrument proficiency checks but unfortunately, their airc raft are normally not supporte d by the higher-level training devices. As such, the Level-6 devices that we use can no longer be used to satisfy completion requirements for the four tasks iden tified in this exemption request. It is clearly in the public’s interest to grant FlightSafety the exemptions as specified in this petition.

IMPACT ON SAFETY

Unless this petition is granted, many customers will forego formal training altogether and rely instead on proficiency checks in the airc raft. In-flight traini ng has always carried with it inherent risks, especially for certain maneuvers, i.e., landings, one-engine inoperative approaches, recoveries from unusua l attitudes, circling approaches, etc. FlightSafety believes that the best safety device in the cockpit is a well trained pilot but without the flexibility to alternately meet cer tain IPC requirements and to continue to use

the Level-6 FTD for the tasks identified in this exemption petiti on, many pilots will simply stop coming to training because they are unable to receive the endorsement they

seek.

SUMMARY:

14 CFR Part 61.57(d) has been written to tie completion requirements to the Instrument Practical Test Standards (PTS), to incl ude specifying the minimum level Flight Simulation Training Device (FSTD) that can be used to take credit for a task. The previous regulation simply required that th e pilot demonstrate a representative sampling

of maneuvers that would be extracted from the Instrument PTS. This petition is requesting an exemption to allow FlightSafety to continue to provide pilots with a 61.57(d) endorsement following an approved part -142 course using a Level-6 FTD. The exemption is required because there are f our tasks pertaining to the instrument proficiency check that requi re a higher level device.

Two of the four exemptions are tied to a se parate petition for a rulemaking change. The exemption would allow FlightSafety to opera te under the conditions specified in this petition while the FAA considers the rule change. Those two areas are Circling Approaches and Landing From a Straight In or Circling Approach. The other two areas of the Instrument PTS that FlightSafety is seeking an exemption i nvolve Recovery from Unusual Attitudes and the One-Engine Inoper ative Instrument Approach. The currentPTS requires that a Level-7 or higher device be used to satisfy the Unusual Attitude

maneuver and that a Level-A Simulator be required to satisf y the OEI approach requirement. FlightSafety’s position is that both maneuvers could be adequately satisfied

in a Level-6 FSTD.

The level-6 devices that Fli ghtSafety operates have 4-axis motion bases, full cockpit instrumentation, and sophisticated visual sy stems. These training devices provide an important service to General Aviation pilots and the aviation community in general, especially to those who currently fly singl e and multi-engine propeller and/or turbopropeller aircraft. Typically , these type aircraft are not supported by the higher-level training devices. Nevertheless, our customer base has come to rely on FlightSafety to provide the training they need to operate safely and proficie ntly without the necessity of completing some or all of a required check in the aircraft. It is our position that being able to satisfy 61.57(d) using a level-6 FTD s hould be permitted. We feel that using such a device with an approved part-142 traini ng program provides an equivalent level of safety as that conducted in the aircraft or a higher level de vice and that it would enhance safety for a large segment of the aviation community.

The requested summary for the Federal Register would state: Flight Safety International is seeking an exemption to 14 CFR Part 61.57 (d).

If you should require any further informati on please do not hesitate to contact me.

Sincerely,

Stephen Fedynyszyn Director Regulatory Affairs

95 Garratt Blvd. Downsview, Ontario, Canada

M3K 2A5

Phone: 416-638-9313 Email ; steve.fedynyszyn@flightsafety.com

cc: Dan Buerki, Manager FSI CMU