May

2 1 , 2014 US Department of Transportation Docket Operations West Building Ground Floor Room W
- 12

- 140 1200 New Jersey

Avenue, SE Washington, DC 20590
**RE: Petition f**

**or exemption to 14 CFR Part 61.35**  **(a )(**  **2) and 14 CFR Part 61.156 (b)** 
Dear Sir or Madam: In accordance with 14 CFR Part 1 1 .61(b) , Rulemaking Procedure s, US Aviation Group LLC , d/b/a U.S. Aviation Academ y holder of Part 141 Air Agency certificates #U9FS750K and #W78S781I , is petitioning for exemption from 14 CFR Part 61.35(a) ( 2) which specifically

states that “After July

31, 2014, for the knowledge test for an airline transport pilot certificate with an airplane category multiengine class rating, a graduation certificate for the airline transport pilot certification program specified in § 61.156...” Within 14 CFR Part 61.156, 14 CFR Part 61.156(a) outlines Academic training required and 14 CFR Part 61.156(b) outlin es FSTD required training after July 31, 2014 for the issuance of the Airline Pilot Certificate (ATP). US Aviation Group LLC , d/b/a US Aviation Academ y is petitioning for exemption from 14 CFR Part 61.156 (b) which requires FSTD training before the applicant can take the knowledge test for the ATP.



### PETITION FOR EXEMPTION Objective : 1. To permit foreign Chinese national citize ns employed b y a Chinese Part 121 air carrier that have successfully completed both the approved Part 141 forty hourATP and 130 hour CRM/Turbine Transition ground course s at the US Aviation Academ y, relief from the requirement of §61.35 (a)(2) to appl y fo r the ATP (121) knowledge test

. 2 . To permit foreign Chinese national citizens employed b y a Chinese P art 121 air carrier that have successfully completed the approved Part 141 forty hour ATP and 130 hour CRM/Turbine Transition ground course s at the U S Aviation Academ y, relief from the FSTD requirement s of §61.156 (b) to appl y for the ATP (121) knowledge test.


### HISTORICAL BACKGROUND US Aviation Academ y operates two main campuses a s Part 141 Approved flight school s (certificates #U9FS750K and #W78S78 1I ) under the guidance of the FAA in the United States. Inaddition, b oth locations are also individually approved b y the CAAC acting on behalf of the Chinese government under the Chinese Part 141 regulations (certificates #VR27R7 and #VR7R7 ) . Operating on their individual certificates, o ne campus is located in Denton, Texas and the se cond campus is located in Denis on, Texas. The Denton campus also operates a satellite operation with the Tarrant County Community

College at the Ft

. Worth Alliance Airport. C orporate headquarters for US Aviation Group , LLC is located in Denton, Texas , at the Denton Enterprise Airport. Academic courses already approved under both countries Part 141 regulations include the ATP course and a CRM/ Turbine Transition course. All Ch inese national students complete both of these courses. With content coverage and 170 hours (40 hours for the ATP and 130 hours for the CRM/Turbine Transition) of classroom instruction, these already FAA approved courses more than satisfy academic requirem ents of 14 CFR Part 61.156(a)

. There is no need for an exemption from the academic requirements. At the present time approximately 25 0 Chinese students are processed through our two facilities annually generating some 75,000 hours of flight training

. Our Chinese national students are already employees of various Chinese Part 121 air carriers and are training in an “ ab initio ” ty pe program with the Academ y in the United States. The ir training starts in single engine aircraft and ends with 20 hours of flight training in a turbine aircraft such as the Beechcraft King Air

. This exemption request is only for Chinese national students that are training at the Academy enrolled in both countries concurrently approved training courses . It would not apply to an y othe r nationality including American students. Our Chinese Part 121 airline contract s include requirements that each cadet complete the FAA Commercial Pilot Certificate with Airplane Multi

engine and Instrument ratings along with passing the FAA ATP (121) know ledge test prior to graduation and a return to continue training with their airline in China. In the past flight training was not a perquisite requirement for any FAA knowledge test. With new rules going into effect on July 31 , 2014 onl y the ATP isaffect ed b y requiring all flight time and experience requirements to be met before taking

the knowledge test. In a recent record search of the AES we do not find that this exemption request has ever been directl y dealt with in the past by yo ur offices in reference to the upcoming regulatory

changes in reference to 14 CFR Part 61.35 (a) (2)

. Purdue University was approved for an exemption of 14 CFR Part 61.35(a) in Docket 7182 (E xemption 568) in 1966 and that approval was extended again in Docket 7182 as Exempti on 739 in 1967. That approval allowed for the taking of the actual flight test before meeting aeronautical experience requirements for an instrument rating

. Although somewhat similar by using FAA approved courses in the training process , w e are not askin g for full flight test waivers. The record search also uncovered that Mr. Robert Hart (Docket FAA

- 2011

- 0494) was denied an exemption from 14 CFR Part 61.35 (a) (2) (iii) when he requested age requirements for his two daughters, ages 10 & 14 to take a Private knowledge test in 2011
. W e do not feel this denial applies to our situation directly

. 

### IMPACT ON FLIGHT SAFETY US Aviation Academ y strongl y believes that there would be no negative impact on flight safety if our request was granted

. In fact , the exemption would not affect flight in any way since a knowledge test does not allow any flight in and of itself

. The exemption request would establish formal authorization for US Aviation Academ y to conduct busi ness in a manne r that is widel y accepted and curre ntl y used by both the industry and FAA for all other knowledge tests except the ATP

. Allowing the knowledge test to be taken before the flight experience requirements are met is the standard for all other knowledg e tests administered by the FAA after the July

31, 2014 deadline for the ATP knowledge test . With only the knowledge test completed , a pilot still cannot serve as a crewmember at the ATP level

.


### IMPACT ON THE GENERAL PUBLIC **(14 CFR Part 11.71(a ) (**  **4))** Granting the requested exemptions will serve the general public. US Aviation Group LL C is a small business with a direct cash impact over the local economies of Denton, TX, Ft. Worth, TX and Denison , TX and their surrounding communities. US Aviation Academ y employ s over 250 people and trains over 4 00 students each year. Additionally , the academy provides local housing for all of the students along with dail y transportation to and from the academy . Each student also spends over $400 each month in the local economies for food and entertainment

. Den ial of this request could result in the loss of a major portion of our business income and would result in a downsizing of the organization. 14 CFR 11.71(b ) ( 2) addresses the impact of regulatory changes on a small business. The very nature of our business brings money into the United States fromoutside of the United States and creates a variety of jobs to support the operations in our local community

. It would not increase any record keeping per 14 CFR Part 11.71(b) (3) that is not already required. In a ddition, we do not identify any additional cost that would be incurred b y the US government or society in general with the request approved as outlined in 14 CFR Part 11.71 (b) (1).


### SUMMARY When granted , the exemption will allow the Chinese national stu dent employed by a Chinese Part 121 air carrier attending training at U.S. Aviation Academy enrolled in a FAA 14 CFR Part 141 program to appl y for the FAA written knowledge test for the ATP (Part 121) after completing both the approved ATP and the CRM/Turb ine Transition courses without meeting the perquisite flight experience and the requirements of §61.56 (b). It would not allow any deviation for the actual pilot certificate to be issued at the ATP level. This exemption would allow US Aviation Group LLC, d/b/a U.S. Aviation Academ y to complete ongoing contractual agreements with various Chinese Part 121 airlines that require the US ATP (121) knowledge test to be completed before continuing additional training in China after completing their US based train ing. Respectfully

Submitted,

Ray Heyde Vice President , General Manager US Aviation Academ y 4850 Spartan Drive Denton, TX 76207 rheyde@usaviationacademy .com 940

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