AFS-16-5272-E

March 17, 2016

 Exemption No. 15473

 Regulatory Docket No. FAA-2016-1287

Mr. Philippe LeRoy

320 North Cochise Avenue

Wilcox, AZ 85643

Dear Mr. LeRoy:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letter posted to the docket on January 15, 2016, you petitioned the Federal Aviation 

Administration (FAA) for an exemption from § 121.436 of Title 14, Code of Federal 

Regulations (14 CFR) to the extent necessary to allow you to use experience gained as a pilot 

in command (PIC) under 14 CFR part 121 prior to July 31, 2013, to count toward the 

experience requirements of § 121.436(a)(3), even though you were not serving as a PIC in part 

121 operations on July 31, 2013.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to you.

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 13993 (copy enclosed), the FAA 

found that allowing a pilot’s experience gained as PIC in part 121 operations prior to July 31, 

2013, to count toward the 1,000 hours of air carrier experience required by § 121.436(a)(3) is 

consistent with the intent of the rule. The FAA determined that allowing a pilot’s time as PIC 

in part 121 operations to count toward the air carrier experience required by § 121.436(a)(3) 

would not adversely impact safety and supports the FAA’s goal of ensuring that a pilot 
2

possesses sufficient experience to assume the authority and responsibility of PIC in part 121 

operations.

Having reviewed your reasons for requesting an exemption, I find that—

• they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 13993;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 13993

also apply to the situation you present; and 

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, Mr. Philippe LeRoy is granted an exemption from 

§ 121.436(a)(3), subject to the conditions and limitations listed below. A part 119 certificate 

holder employing the petitioner as a PIC in part 121 operations is also granted an exemption 

from § 121.436(a)(3) to the extent necessary to allow Mr. LeRoy to serve as a PIC in its 

operation, subject to the conditions and limitations described below.

Conditions and Limitations 

1. Prior to commencing training to serve as a PIC in part 121 operations, Mr. LeRoy

must provide the part 119 certificate holder with appropriate documentation to 

support his previous employment at a part 119 certificate holder and flight time as 

a PIC in part 121 operations prior to July 31, 2013.

2. Mr. LeRoy must provide a copy of this grant of exemption to any part 119 

certificate holder employing him as a PIC in part 121 operations.

3. In accordance with § 121.683, the part 119 certificate holder employing the 

petitioner as a PIC in part 121 operations must include a copy of this grant of 

exemption in Mr. LeRoy’s crewmember record.

This exemption terminates on March 31, 2021, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service

Enclosure