December 16, 2014

U.S. Department of Transportation

Docket Management System

400 7th Street, S.W., Room PL 401

Washington, D.C. 20591

RE: Petition for Exemption from Federal Aviation Regulations Sections 61.39, 61.153 and 61.156 –

Airline Transport Pilot Eligibility Requirements

To Whom It May Concern, 

The Aircraft Owners and Pilots Association (AOPA), the world’s largest aviation membership 

association, submits the following petition for exemption on behalf of AOPA member Captain Edward 

Silva. 

BACKGROUND

On July 7, 2013, the FAA released the Final Rule for pilot certification and qualification requirements for 

air carrier operations [Doc. No. FAA-2010-0100, 78 FR 42323] – commonly referred to as the “First 

Officer Qualification (FOQ) Rule” or “1,500 Hour Rule.” 

The Final Rule requires all second in commands (SICs) – also known as first officers or co-pilots – to 

hold an Airline Transport Pilot (ATP) certificate, requiring 1,500 hours total time as a pilot. The rule also 

requires first officers to have an aircraft type rating, which involves additional training and testing 

specific to the airplanes they fly. Previously, first officers were required to have only a commercial pilot 

certificate, which requires 250 hours of flight time. Hiring practices were previously market driven by

supply and demand, sometimes reducing initial hire times to below 500 hundred hours, and no type rating 

was required. 

The new regulations stem in part from the tragic crash of Colgan Air 3407 in February 2009, and address 

a Congressional mandate in the Airline Safety and Federal Aviation Administration Extension Act of 

2010 to ensure that both pilots and co-pilots have an ATP certificate. The rule is one of several 

rulemakings required by the Act, including the new flight duty and rest requirements for pilots that were 

finalized in December 2011, and new training requirements expected this fall for air carrier training 

programs to ensure pilots know how to react properly in difficult operating environments.

One of the significant changes to the certification process was that, after August 1, 2014, aspiring 

multiengine airplane ATPs would have to complete a FAA-approved Airline Transport Pilot Certification 

Program (ATP CTP). The program consists of, at a minimum, 30 hours of academic coursework and 10 

hours of training in Flight Simulation Training Devices (FSTDs): six hours in a Level C or higher Flight 

Simulation System (FSS) and four hours in a Level 4 or higher Flight Training Device (FTD). The ATP 

CTP is estimated to cost ATP candidates several thousand dollars, often borne out of pocket, and must be 

completed prior to taking the new multiengine airplane ATP written exam. 
AOPA Petition for Exemption from §61.39, §61.153 and §61.156

Page 2 of 6

CONCERNS

AOPA strived to inform its members and potential ATP candidates about the Final Rule, its key dates, 

and ramifications. The association published several news stories, online videos, a podcast, and 

comprehensive briefing paper.

The message was simple: “If you are on a path to obtain a multiengine airplane ATP certificate you 

should take the ATP knowledge test before August 1, 2014, prior to the new ATP CTP requirements, 

which would give you a two-year window to successfully complete your flight training and practical 

exam.” If pilots thought they would not meet the requirements to add on multiengine within the two-year 

window after they took their initial ATP airplane knowledge test, AOPA recommended they retake 

the knowledge before August 1, and the two-year clock would be reset for them to pass their 

checkride. Once the two-year period was up and they did not complete their multiengine ATP 

certification, they would have to take the ATP CTP and take a new knowledge test for ATP multiengine 

airplane.

Although AOPA, and others, tried to inform potentially affected pilots, some either missed the message 

or were unaware of the changes and we empathize with them due to the significantly increased costs 

which they will have to pay to become an airline pilot. 

There were, however, a small number of pilots who wanted to take the knowledge test prior to August 1 

and get the two-year window but could not, due to the fact that they were actively deployed in our 

nation’s military service, protecting our nation’s interests and freedoms oversees. Captain Edward Silva 

is one of those pilots and AOPA is honored to submit the following petition for exemption on his behalf. 

PETITION FOR EXEMPTION

Captain Edward Silva seeks an exemption from Sections 61.39, 61.153 and 61.156 to allow him to take 

the ATP multiengine airplane knowledge exam without completion of an ATP CTP. The terms of the 

exemption would provide an equivalent level of safety to those that successfully passed the ATP 

knowledge exam prior to August 1, 2014. The exemption would also ensure a member of the U.S. armed 

forces, assigned outside of the United States, preserving, protecting, and defending the American public, 

obtains additional time to take the knowledge exam. Granting of the exemption would successfully build 

upon the existing allowances afforded to U.S. military personnel under SFAR No. 100-2 and stands to 

maintain or enhance the current level of safety.

Captain Silva is seeking relief specifically from the following regulatory requirements:

14 C.F.R. §61.39, Prerequisites for Practical Tests.

(d) In addition to the requirements in paragraph (a) of this section, to be eligible for a 

practical test for an airline transport pilot certificate with an airplane category 

multiengine class rating or airline transport pilot certificate obtained concurrently with an 

airplane type rating, an applicant must:

(1) If the applicant passed the knowledge test after July 31, 2014, present the graduation 

certificate for the airline transport pilot certification training program in § 61.156, at the 

time of application for the practical test;

and
AOPA Petition for Exemption from §61.39, §61.153 and §61.156

Page 3 of 6

14 C.F.R. §61.153, Eligibility Requirements: General.

To be eligible for an airline transport pilot certificate, a person must:

(e) After July 31, 2014, for an airline transport pilot certificate with an airplane category 

multiengine class rating or an airline transport pilot certificate obtained concurrently with 

an airplane type rating, receive a graduation certificate from an authorized training 

provider certifying completion of the airline transport pilot certification training program 

specified in §61.156 before applying for the knowledge test required by paragraph (g) of 

this section;

and

14 C.F.R. §61.156, Training Requirements: Airplane category – multiengine class 

rating or airplane type rating concurrently with airline transport pilot certificate.

After July 31, 2014, a person who applies for the knowledge test for an airline transport 

pilot certificate with an airplane category multiengine class rating must present a 

graduation certificate from an authorized training provider under part 121, 135, 141, or 

142 of this chapter certifying the applicant has completed the following training in a 

course approved by the Administrator.

If the exemption is granted, Captain Silva would have to successfully take and pass the new multiengine 

airplane ATP knowledge exam (without ATP CTP requirement) and the ATP multiengine airplane 

practical test prior to August 1, 2016. 

INTEREST OF THE PETITIONER

Mr. Edward John Silva, AOPA member 05953848, is a Captain in the United States Air Force flying the 

Boeing C-17 Globemaster III. Captain Silva was deployed in 2014 to Romania in support of Operation 

Enduring Freedom flying primarily to and from Afghanistan. He has more than the required flight hours 

to meet the ATP requirements and currently holds a Commercial Pilot Certificate, airplane single and 

multiengine land, with an instrument rating and type ratings in the BE-400 and MU-300. 

Captain Silva was aware of the changes to the ATP certification process and intended to take his ATP 

written exam prior to the August 1 deadline but, due to a short notice deployment, was unable to do so. 

While he was stationed overseas, there were no testing centers located near him that afforded the 

opportunity to take the exam. 

SUPPORT FOR THE PETITION

Existing Regulatory Precedent - On March 4, 2010, the FAA published in the Federal Register a Direct 

Final Rule providing relief for U.S. Military and Civilian Personnel who are assigned outside the United 

States in support of U.S. Armed Forces Operations [Doc. No. FAA-2009-0923, 75 FR 9766].

The Final Rule replaced Special Federal Aviation Regulation 100-1 (SFAR 100-1), with SFAR 100-2 that 

continued to allow Flight Standards District Offices (FSDOs) to accept expired flight instructor 

certificates and inspection authorizations for renewals from U.S. military and civilian personnel (U.S. 

personnel) who are assigned outside the United States in support of U.S. Armed Forces operations. 
AOPA Petition for Exemption from §61.39, §61.153 and §61.156

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SFAR 100-2 also continued to allow FSDOs to accept expired airman written test reports for certain 

practical tests from U.S. personnel who are assigned outside the United States in support of U.S. Armed 

Forces operations. The FAA held that the action was necessary to avoid penalizing U.S. personnel who 

are unable to meet the regulatory time limits of their flight instructor certificate, inspection authorization, 

or airman written test report because they were serving outside the United States in support of U.S. 

Armed Forces operations. The effect of the action was to give U.S. personnel who were assigned outside 

the United States in support of U.S. Armed Forces operations extra time to meet certain eligibility 

requirements in the current rules.

In the Federal Register posting the FAA provided the following justification for the action –

“Currently, the U.S. Armed Forces are engaged in activities that have resulted in overseas 

assignments for both military and civilian personnel. Because of the unexpected duration 

of these assignments, the FAA has determined that the flight instructor certificates, 

inspection authorizations, and airman written test reports held by some U.S. military and 

civilian personnel may expire before they return to the United States. If so, these 

individuals would have to reestablish their qualifications. We believe it is unfair to 

penalize these military and civilian personnel in this manner. Therefore, the FAA has 

determined that we should provide relief to these U.S. personnel who are unable to 

comply with some of the regulatory time constraints as a result of their assignment 

outside the United States in support of U.S. Armed Forces operations.”

The agency’s regulatory action and reasoning was also detailed –

“After the terrorist attacks of September 11, 2001, many U.S. military and civilian 

personnel were assigned outside the United States in support of Operation Enduring 

Freedom. For this reason, we adopted SFAR 96 to provide relief to a narrow range of 

individuals in a narrow set of circumstances. (67 FR 30524, May 6, 2002). As a result of 

the continuing conflicts, the FAA superseded SFAR 96 with SFAR 100 (68 FR 36902, 

June 20, 2003) that applied to all military and civilian personnel assigned overseas in 

support of any and all U.S. Armed Forces operations. Additionally, the FAA further 

extended SFAR 100 with the issuance of SFAR 100-1 (70 FR 37946-37949, June 30, 

2005) with an expiration date of June 20, 2010. Most of these U.S. military and civilian 

personnel are or will be located at military bases that are away from their normal training 

or work environment. There are no FAA aviation safety inspectors, designated 

examiners, or FAA facilities readily available in the areas where these U.S. military and 

civilian personnel are assigned.

SFAR 100-2 replaces SFAR 100-1. SFAR 100-2 is being issued without an expiration 

date and will remain in effect until further notice. This ensures these U.S. personnel 

assigned outside of the United States, who continue to preserve, protect and defend the 

American public, can obtain additional time for renewal of their flight instructor 

certificates, inspection authorizations, and airman written test reports.”

Equivalent to greater level of safety – Granting of the petition would be as if Captain Silva took and 

passed the ATP knowledge test on July 31, 2014 and afford him the two-year window to successfully 

pass his practical exam. The FAA has acknowledged a rush of ATP written examinations prior to August 

1, 2014 and Captain Silva would have been included in those numbers had he not been actively deployed 

overseas and/or had access to a testing center. 
AOPA Petition for Exemption from §61.39, §61.153 and §61.156

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In its Final Rule, the FAA acknowledged the quality and structure of military training, granting our 

nation’s military aviators the lowest total time allowances for the restricted privileges ATP certificate. 

The FAA stated that “to be accepted into a pilot training program in one of the branches of the military, a 

person must undergo a rigorous screening process including an assessment of aviation aptitude. . . Once 

accepted into a pilot training program, a person is assigned full-time to aviation training.”

The two-year limitation, coupled with the “comprehensive and demanding nature of military pilot 

training” will ensure Captain Silva has at least an equivalent level of safety compared to those prospective 

ATP applicants that passed the ATP knowledge exam prior to August 1, 2014. 

Public interest – The public has a strong and substantial interest in maintaining, developing, and 

improving the aviation industry and in supporting the FAA’s statutory duties of, among other things, 

maintaining and enhancing commercial airline safety, regulating the way that best promotes safety, 

developing and encouraging aeronautics, and preserving the public right of freedom to transit through the 

nation. This petition for exemption would encourage our nation’s military aviators to pursue an ATP 

certificate and civilian airline career which would ensure a high level of competency, training, and 

standardization – all gained through the comprehensive and demanding military pilot training. 

Furthermore, for their service and sacrifices made in preserving, protecting, and defending the American 

public, military aviators should be provided pathways and support when they return home and begin the 

transition to civilian life. This petition for exemption would support that transition and the long-held 

American belief of supporting our servicemen. President Obama reiterated that belief in a March 19, 

2009 speech:

"For their service and sacrifice, warm words of thanks from a grateful nation are more 

than warranted, but they aren't nearly enough. We also owe our veterans the care they 

were promised and the benefits that they have earned. We have a sacred trust with those 

who wear the uniform of the United States of America. It's a commitment that begins at 

enlistment, and it must never end. But we know that for too long, we've fallen short of 

meeting that commitment." 

Lastly, many in the aviation industry have long been predicting a pilot shortage and one is starting to be 

evidenced at the regional air carrier levels. With the public demand for commercial air travel to be 

steadily on the rise, airlines expanding their fleets and new emerging markets, the industry will struggle to 

fill the required pilot supply. The Boeing 2014 Pilot & Technician Outlook, a respected industry forecast 

of personnel demand, projects that 533,000 new commercial pilots will be needed to fly the world fleet 

over the next 20 years. Military aviators will be one key input to fill that demand. 

CONCLUSION –

Our nation’s military aviators are some of the best pilots in the world. They not only preserve and protect 

our great nation but also the freedoms we enjoy as citizens of the United States of America – including 

the freedom to fly. 

The FAA recognized the sacrifices military pilots endure to protect that freedom when it established 

SFAR 100-2, required to avoid penalizing U.S. personnel who were unable to meet the regulatory time 

limits because they were serving outside the United States in support of U.S. Armed Forces operations. 

That action gave our nation’s aviators extra time to meet certain eligibility requirements in the current 

rules but at the time of its enactment, the new ATP rule and its requirements were not in place. 
AOPA Petition for Exemption from §61.39, §61.153 and §61.156

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The Aircraft Owners and Pilots Association is honored to bring forward, on behalf of Captain Edward 

Silva, the preceding petition for exemption for the agency’s consideration. 

Granting of the petition would afford Captain Silva the exact provisions granted to pilots who took the 

ATP knowledge test prior to August 1, 2014. Although the Captain knew of the key dates and intended to 

take the exam he simply could not, due to being deployed overseas and not having access to a testing site. 

SFAR 100-2 was created for just this scenario. 

Furthermore, granting the exemption would not decrease the current level of safety, in any way, and 

stands to enhance it through encouraging a highly qualified military aviator to transition into a civilian 

commercial airline career. Having a pilot who has gone through the military’s comprehensive and 

demanding training will benefit both the commercial airlines and the flying public. 

For the reasons stated above, AOPA and Captain Silva respectfully request the FAA act favorably and 

expeditiously on their petition for exemption. We stand ready to assist the FAA and provide any 

additional information it might need to act favorably on the request. 

Sincerely,

David Oord

Manager, Regulatory Affairs

Aircraft Owners & Pilots Association

On behalf of 

Edward John Silva

Captain, United States Air Force