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 number UJFX071K, is petitioning for 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 reestablish 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 any 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 successfully completed in a Level-6 FSTD. The 

exceptions and the minimum device level that 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 Circling 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 control forces and travel corresponding to the aircraft, 

 Full-scale cockpit replication 

 Systems representations, indications and instrumentation that respond 

appropriately and accurately to the switches 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 found 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 training device subject to the following 

conditions: 

a) “must be used in accordance with an approved course conducted by a 

training center certificated under part 142” 

b) If the device is not approved for landings, “the applicant 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 circling approaches as PIC in less 

than basic VFR conditions “until proficiency in circling 

approaches has been successfully 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 completed 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 associated Flight Review or 

PIC Proficiency Check under the conditions stated in devices that are not specifically 

approved for circling approaches or landings. Such provisions are notably missing from 

FAR 61.57(d). NOTE: A separate petition for rulemaking change is also being 

submitted to the FAA for consideration.

HISTORICAL BACKGROUND 
Before it was recently changed, 61.57(d) stated that an IPC would consist of a 

representative sampling of maneuvers and procedures 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 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 previous training center program managers 

(TCPM) that specifically authorized 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 requirements using our FSTDs and they did so by taking an 

approved part-142 training program. This ensured that they would not only receive the 

endorsement they sought but high-quality training in the process. The recent change to 

61.57(d) now ties the required tasks to the Instrument PTS, which in turn specifies the 

level device that must be used. Because of that, 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 compromised 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 Attitudes, 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 must be used in accordance with an 

approved course conducted by a training center certificated under part 142 of 

this chapter; and 

b. If the flight simulation training device 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 proficiency in circling approaches has 

been successfully demonstrated in a flight simulator qualified and 

approved for circling approaches or in an aircraft. 

3. Area 6E, Landing from Straight In or Circling Approach – FlightSafety is 

requesting an exemption to the Instrument PTS requirement for landings from a 

straight in or circling approach as follows:

If the flight simulation training device is not qualified and approved for landings, the 

applicant must provide documentation that they meet the 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. Recommended 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 training 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 necessary cues to accommodate 

PTS requirements associated with recoveries from unusual attitudes. The ability to 

safely recover from an unusual attitude relies more on sound procedures based on 

instrument displays rather than on a specific level flight-training device. As such, the 

Level-6 device provides pilots with an excellent training platform to recognize and 

recover from unusual attitudes without compromising safety. 

2. Area 6D, Circling Approach 

Existing references are found in 14 CFR Part 61.58, which allows completing a PIC 

Proficiency Check in training devices that are not specifically approved for a circling 

maneuver. FlightSafety maintains that the same conditions specified in 61.58 can be 

applied to 61.57(d) without compromising safety. 

3. Area 6E, Landing from Straight In or Circling Approach 
The Flight Review required by FAR 61.56 and the PIC proficiency check required by 

FAR 61.58 can both be completed in training 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 Inoperative (OEI) Instrument Approach

FlightSafety maintains that the current Instrument PTS FSTD requirement for this 

task is unnecessarily restrictive. FlightSafety’s Level-6 Flight Training Devices 

incorporate a 4-axis motion system with control forces and travel corresponding to 

the aircraft and are equipped and full cockpit instrumentation. These devices are 

capable of providing realistic instrument approach training by replicating flight 

conditions and characteristics caused by an engine-out condition, to include providing 

tactile cues associated with adverse yaw and/or asymmetric thrust. Since the 

objective of this maneuver is to practice engine-out instrument procedures rather than 

to qualify the person to land from the approach, the level-6 FTD would seem to be 

completely adequate as an instrument training platform. 

The purpose of the maneuver is to ensure competency in OEI procedures and to be 

knowledgeable of the power, rudder and/or aileron inputs associated 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 engine-out procedures in flight. 

IMPACT ON FLIGHTSAFETY 

Before it was recently changed, 61.57(d) stated that an IPC would consist of a 

representative sampling of maneuvers and procedures 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 flight-training devices, to 

include those qualified as Level-6 FTDs. Nevertheless, FlightSafety was able to use 

these devices, based on FAA approval letters issued by previous training center program 

managers (TCPM) that specifically authorized 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 requirements using our FSTDs and they did so by taking an 

approved part-142 training program. This ensured that they would not only receive the 

endorsement they sought but high-quality training in the process. 

The recent change to 61.57(d) now ties the tasks required to complete an instrument 

proficiency check to the Instrument PTS, which in turn specifies the level device that 

must be used. Because of that, FlightSafety 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 can 
again 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 additional training cancellations. 

IMPACT ON THE AVIATION COMMUNITY 

The flight-training devices that FlightSafety uses provide an important 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 turbo-propeller aircraft. These pilots are 

typically the individuals who come to our centers to seek instrument proficiency checks 

but unfortunately, their aircraft are normally not supported 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 identified 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 aircraft. In-flight training has always carried 

with it inherent risks, especially for certain maneuvers, i.e., landings, one-engine 

inoperative approaches, recoveries from unusual 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 certain IPC requirements and to continue to use 

the Level-6 FTD for the tasks identified in this exemption petition, 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 include 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 the 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 four tasks pertaining to the instrument 

proficiency check that require a higher level device. 

Two of the four exemptions are tied to a separate petition for a rulemaking change. The 

exemption would allow FlightSafety to operate 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 involve Recovery from 

Unusual Attitudes and the One-Engine Inoperative Instrument Approach. The current 
PTS 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 satisfy 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 FlightSafety operates have 4-axis motion bases, full cockpit 

instrumentation, and sophisticated visual systems. These training devices provide an 

important service to General Aviation pilots and the aviation community in general, 

especially to those who currently fly single 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 proficiently 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 should be permitted. We feel that using such 

a device with an approved part-142 training program provides an equivalent level of 

safety as that conducted in the aircraft or a higher level device and that it would enhance 

safety for a large segment of the aviation community. 

The requested summary for the Federal Register would state: FlightSafety International 

is seeking an exemption to 14 CFR Part 61.57 (d). 

If you should require any further information 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