AFS

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- 5272

- E March 17, 2016

Exemption No. 15473 Regulatory Docket No. FAA

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- 1287

Mr. Philippe LeRoy

320 North Cochise Avenue Wilcox, AZ 85643

Dear Mr. LeRoy :

This letter is to info rm 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 sum mary 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 exp erience required by § 121.436(a)(3) is

consist ent 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 pilot2

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 i n 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 . 1399 3 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. Philip p e LeRoy is granted an exemption from § 121.436(a)(3), subject to the conditions and lim itations 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, subj ect to the co nditions 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 empl oyment 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 ac cordance 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 s uperseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service

Enclosure