May 21, 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 for 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 11.61(b), Rulemaking Procedures, US Aviation 

Group LLC, d/b/a U.S. Aviation Academy 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) outlines 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 Academy 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 citizens employed by a Chinese Part 121 air 

carrier that have successfully completed both the approved Part 141 forty hour 
ATP and 130 hour CRM/Turbine Transition ground courses at the US Aviation 

Academy, relief from the requirement of §61.35 (a)(2) to apply for the ATP (121)

knowledge test.

2. To permit foreign Chinese national citizens employed by a Chinese Part 121 air 

carrier that have successfully completed the approved Part 141 forty hour ATP 

and 130 hour CRM/Turbine Transition ground courses at the US Aviation 

Academy, relief from the FSTD requirements of §61.156 (b) to apply for the ATP

(121) knowledge test.

HISTORICAL BACKGROUND

US Aviation Academy operates two main campuses as Part 141 Approved flight 

schools (certificates #U9FS750K and #W78S781I) under the guidance of the FAA in the 

United States. In addition, both locations are also individually approved by the CAAC 

acting on behalf of the Chinese government under the Chinese Part 141 regulations

(certificates #VR27R7 and #VR7R7). Operating on their individual certificates, one 

campus is located in Denton, Texas and the second campus is located in Denison, Texas. 

The Denton campus also operates a satellite operation with the Tarrant County

Community College at the Ft. Worth Alliance Airport. Corporate headquarters for US 

Aviation Group, LLC is located in Denton, Texas, at the Denton Enterprise Airport. 

Academic courses already approved under both countries Part 141regulations 

include the ATP course and a CRM/Turbine Transition course. All Chinese 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 requirements of 14 CFR 

Part 61.156(a). There is no need for an exemption from the academic requirements.

At the present time approximately 250 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” type program with the Academy in the United States. Their

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 any other nationality

including American students. Our Chinese Part 121 airline contracts include requirements 

that each cadet complete the FAA Commercial Pilot Certificate with Airplane Multiengine and Instrument ratings along with passing the FAA ATP (121) knowledge 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 only the ATP is 
affected by 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 directly dealt with in the past by your 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 (Exemption 568) in 

1966 and that approval was extended again in Docket 7182 as Exemption 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, we are not asking 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. We do not feel this denial applies to our situation directly.

IMPACT ON FLIGHT SAFETY

US Aviation Academy strongly 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 Academy to 

conduct business in a manner that is widely accepted and currently 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 knowledge 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 LLC 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 Academy employs over 250 people and trains over 400 students each year. 

Additionally, the academy provides local housing for all of the students along with daily 

transportation to and from the academy. Each student also spends over $400 each month 

in the local economies for food and entertainment. Denial 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 from 
outside 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 addition, we do not identify any additional cost that would be 

incurred by 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 student 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 apply for the FAA written knowledge test for the 

ATP (Part 121) after completing both the approved ATP and the CRM/Turbine 

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 Academy 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 training.

Respectfully Submitted,

Ray Heyde

Vice President, General Manager

US Aviation Academy

4850 Spartan Drive

Denton, TX 76207

rheyde@usaviationacademy.com

940-383-2484

www.usaviationacademy.com