December 16 , 2014

U.S. Department of Transportation Docket Management System

400 7 th Street, S.W., Room PL 401 Washington, D.C. 20591

RE: Petition for Exemption from Federal Aviation Regulations Section s 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 followi ng 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 (SIC s )

– also known as f irst officers or co

- pilots

– to hold an Airline Transport Pilot (ATP) certificate, requ iring 1,5 00 hours total time as a pilot. The rule also requires fir st 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 pi lot certificate, which requires 250 hours of flight time. Hiring practices were previously market driven by supply and demand

, sometimes reducing initial hire time s 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 an d rest requirements for pilots that were

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

pr ograms to ensure pilot s know how to react properly in difficult operating environments.

One of the significant changes to the ce rtification process was that, after August 1, 2014, aspiring multiengine airplane ATP s would have to complete a FAA

- approved Ai rline 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.

### AOP A 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: “ I f 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 recommend ed th ey 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 mult iengine 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 beco me 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, prote cting 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 Se ctions 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 e xam 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

### AOP A 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 J uly 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 tr aining 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: Airpl ane 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.

I f 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 PET ITIONER

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 A fghanistan. 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 S ilva 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 deploym ent

, was unable to do so

. While he was stationed overseas, t here were no testing cent ers 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. N o. 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 t o 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 o f U.S. Armed Forces operations.

### AOP A Petition for Exemption from § 61.39, § 61.153 and § 61.156 Page 4 of 6

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 outsid e 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 per sonnel. 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 re lief 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, w ho 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.

### AOP A Petition for Exemption from § 61.39, § 61.153 and § 61.156 Page 5 of 6

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

natio n’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 proc ess 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

traini ng” 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 mai ntaining, 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 aer onautics, 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 comp etency, 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 be lief 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 sh ort of meeting that commitment. "

Lastly, ma ny 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 recogni zed 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.

### AOP A Petition for Exemption from § 61.39, § 61.153 and § 61.156 Page 6 of 6

The Aircraft Owne rs and Pilots Association is honored to bring forward, on behalf of Captain Edward Silva, the preceding pe tition 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 th is 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. Havin g 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

expe ditiously on their petition for exemption. We stan d 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