Exem ption No.10271

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

CENTURION AIR CARGO Regulatory Docket No. FAA-2007-0272

for an exemption from Title 14, Code of Federal Regulations, part 121 Appendix H

GRANT OF EXEMPTION

By letter dated Novem ber 22, 2007, Mr. Raul Mendez, Director of Operations, Centurion Air Cargo (Centurion), 1751 N.W. 68 Avenue, Building 706, Suite 220, Miami, Florida 33126, a part 121 air carrier, petitioned the Federal Aviation Administration (FAA) on behalf of Centurion for an exemption from aeronau tical experience requirements contained in § 61.159(a) and part 121, Appendix H, of Title 14, Code of Federal Regulations (14 CFR). The petitioner requests relief from the provisi on of part 121, Appendix H, that requires a second-in-command (SIC) pilot applicant to meet the aeronautical experience requirements of § 61.159 in order to participate in upgrade training in Level C flight simulators. The relief proposed by the petitioner, if granted, would permit training and checking SIC applicants upgrading from the flight engineer duty position who do not meet all of the applicable aeronautical experience requirements in a Level C full-flight simulator (FFS).

The petitioner requests relief from the following regulations:

Appendix H to part 121 prescribes the requirements that a pilot must meet before he or she will be permitted to use a Level C simulator for initial and upgrade training and checking required by part 121. In pertinent part, Appendix H prescribes that all SIC pilot applicants meet the aeronautical experience requirements of § 61.159 of this chapter in the airplane, and the certification check requirements of § 61.153 of this chapter. Although §§ 61.159 and 61.153 are specifically named under Appendix H, the regulations are merely incorporated by reference. Thus, the petitioner does not require an exemption from the §§ 61.159 and 61.153, because the requirements listed under these regulations are subsumed under Appendix H. In

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effect, the requirements listed under §§ 61.159 and 61.153 are now Subpart H requirements and no longer have any relationship to part 61.

Part 121, Appendix H, contains the specific re gulatory language applicable to training and checking permitted in Level C flight simulators and from which the petitioner requests an exemption. Appendix H, paragraph 4, incorporates by reference certain requirements contained in §§ 61.153 and 61.159(a), as discussed below.

Section 61.153 prescribes, in pertinent part, that the applicant pass the knowledge test on aeronautical experience requirements, knowledge areas and pass the practical test on the areas of operation. The petitioner does not request that its commercial pilots be issued airline transport pilot (ATP) certificates, and we have, th erefore, determined that an exemption from § 61.153 is not required in this matter because it pertains to the eligibility requirements necessary to hold an ATP certificate. For this reason, § 61.153 is inapplicable to this petition

and will not be discussed.

Section 61.159, in pertinent part, requires that a pilot who is applying for an ATP certificate with an airplane category and class rating mu st have at least 1,500 hours of aeronautical experience as a pilot.

The petitioner supports its request with the following information:

The petitioner is a part 121 air carrier engaged in all-cargo operations using McDonnell Douglas DC-10 (DC-10) airplanes. This petition concerns Centurion employee flight engineers who are working to upgrade to SIC and are currently certificated commercial pilots having a minimum of 500 hours total flight time. Having worked for Centurion for some time, these flight engineers have extensive experience with both Centurion flight operations and the DC-10. Centurion flightcrew trai ning and qualification are accomplished under an approved part 121, Appendix H, advanced simulation training program.

Training programs created under Appendix H allow pilot applicants to complete the in-flight requirements of initial, transition, and upgrade training and/or checking in a Level C or Level D FFS in lieu of the airplane. The petitioner operates a fleet of DC-10 aircraft, exclusively. The DC-10 is no longer in production, and as a consequence, Level D simulators

for the DC-10 do not exist. Due to the absence of otherwise authorized simulators for DC-10 training, the petitioner requests authorization to provide all required training and checks for flight engineers upgrading to SIC in a Level C simulator, which is the highest level of FFS available for DC-10 training and checking. Use of a Level C simulator under Appendix H requires the applicants to have 1,500 hours aeronautical experience in an airplane. The petitioner’s flight engineers have an average of 500 hours each and must, therefore, complete their training and qualification in an actual airplane. This exemption would allow the petitioner’s flight engineers to meet the aeronautical experience flight time requirements by training and qualifying in a Level C simulator.

Airplane training and checking consists of a mi nimum of three cycles (one takeoff and one landing per cycle) per airman, including en route travel to and return from a training site. The petitioner states that the direct operating cost to qualify the first five SIC applicants in a3

DC-10 at today’s fuel price exceeds $100,000, compared to the $6,000 required to qualify five applicants in the simulator. In addition, if this exemption were granted, the petitioner would experience a substantial savings in maintenance costs by not incurring takeoff and landing cycles, as well as an excess rotatable spares inventory, such as tires, brakes, etc. The petitioner further states that the significant environmental impacts of noise and air pollution will be prevented and that thousand of gallons of fuel will not be needlessly wasted. Airplanes removed from service would impose additional lost revenue penalties. In summary, the petitioner contends that training and checking in an aircraft are inherently less safe and

less efficient than that conducted in a simulator.

Centurion proposes to take additional safety measures that would increase the SIC applicant’s exposure to an operational environment prior to their release into unsupervised service in revenue operations. To meet or exceed the level of safety prescribed by the aeronautical experience prerequisite of Appendix H, Centurion would satisfy the following conditions and

limitations listed below:

Centurion Proposed Conditions and Limitations:

1. A list of flight engineers eligible to upgrade to SIC would be submitted to the principal operations inspector (POI) for approval prior to commencing training.

2. Each pilot would complete Centuri on’s approved Appendix H training program.

3. Each pilot would complete at least 100 hours of line flight observation prior to commencing operating experience (OE).

4. The OE required by § 121.434(c)(3)(i) would be increased from 25 hours and four operating cycles (two as pilot flying) to 100 hours and ten operating cycles (eight as pilot flying). As an additional safety precaution, a qualified SIC would be assigned to the flight deck crew for the first 50 hours or six cycles of the applicant’s OE.

5. After completion of the OE and prior to releasing the pilot to the line, the pilot will receive an SIC line check in accordance with the provisions of § 121.440.

6. Once a pilot is released to the line, the operating limitation of § 121.438(a) would be increased from 100 hours to 300 hours; and the pairing requirement of § 121.438(b)

would be increased from 75 hours to 300 hours.

7. Each pilot would receive a minimum of 4 hours simulator training within 6 months of initial qualification to include training in the procedures and maneuvers set forth in part 121, Appendix F, approved training scenarios, and cockpit resource management.

8. Twelve months after completion of initial qualification, each pilot would satisfactorily complete a proficiency check in accordance with § 121.441.

Although the petitioner requested that action on its petition not be delayed for publication in

the Federal Register , the FAA found that the petition, if granted, would set a precedent. Therefore, to allow an opportunity for the public to comment on the petition, a summary of4

this petition was published in the Federal Register on March 11, 2008 (73 FR 13067). No

comments were received.

The FAA’s analysis is as follows:

The FAA has considered fully the petitioner’s request and finds that a grant of exemption from part 121, Appendix H, would be in the pub lic interest and would provide a level of safety equivalent to that in the current regulations for the reasons stated below.

The FAA and industry established training and checking eligibility standards for the use of an FFS during the original part 121, Appendix H, rulemaking process in 1980. Recognizing the safety, economy, and effectiveness of training and checking in an FFS, the agency has issued grants of exemption from the aeronautical experience requirements in Appendix H. Previous petitioners noted that thousands of pilots have been trained in Level C FFSs with no known adverse effect on safety. Exemptions in those cases were granted for highly qualified pilots knowledgeable in turbine-powered transport category aircraft and employed by the same

operator.

This petition is unique. Airplanes incorporati ng a flight engineer duty position are no longer manufactured; therefore, to advance their careers and continue employment in commercial aviation, airmen holding flight engineer certificat es must upgrade to SIC. Level D simulators for the DC-10 do not exist. The petitioner persuasively argues that its proposed flight engineer upgrade program accomplished entirely in a Level C FFS, without the use of an airplane, is in the public interest with no adverse affects on safety. The petitioner has effectively argued that training and checking in an aircraft are inherently less safe and less efficient than that conducted in a simulator. The obvious safety point is that less skilled pilots are raising their skill level in a simulator where no harm can occur to another. The efficiency of using a simulator is further made evident by its collateral benefits such as reduced environmental impact and reduced costs in operation for the operator which have the potential for reduced costs to the public.

Our analysis indicates that Centurion will also achieve an equivalent level of safety as that in the current regulations because of two important f actors. First, the flight engineers that would be affected by this grant of exemption are currently experienced Centurion Air Cargo crewmembers who hold FAA commercial, multiengine certificates with 500 or more hours of pilot time. Second, numerous safety precautions and additional qualification safeguards that will enable the candidates to gain valuable aeronautical experience before being released to unsupervised line operations are proposed by the petitioner and will be conditions to this exemption. Additionally, the suitability of each SIC applicant will be reviewed and approved by Centurion’s POI prior to commencing any training, testing, or checking under this exemption.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to5

me by the Administrator, Centurion Air Cargo is granted an exemption from 14 CFR part 121, Appendix H to the extent necessary to a llow Centurion to provide the training and checking in a Level C FFS of SIC applicants who, in all other respects, are qualified but do not meet the aeronautical experience requirement s specified in Appendix H, subject to the

conditions and limitations listed below.

Conditions and Limitations:

1. Centurion may conduct flight engineer upgrade training under the terms of this exemption for those flight engineers who meet the following conditions:

a. Current and qualified as a Centurion flight engineer;

b. Hold a commercial pilot certificate with an instrument-airplane and multiengine land ratings; and

c. Have accumulated a minimum of 500 hours, including a minimum of 100 hours as PIC in multiengine airplanes.

2. Centurion must submit the names and pilot certificate details of each applicant to be trained under this exemption to its POI prior to commencing any portion of the proposed applicant’s upgrade training. The POI will review the list to ensure that each applicant meets the experience requirement s of this exemption. After a review of submitted documentation, the POI may approve or disqualify any individual submitted for upgrade training under the terms and conditions of this exemption. Individuals disqualified by the POI for training may be resubmitted after the disqualifying event

has been corrected or resolved.

3. All simulator instruction and tests/checks must be conducted under Centurion’s approved part 121, Appendix H, advanced simulation training program.

4. The hours of OE required by § 121.434(c)(3)(i) are increased to 150 hours and must include at least 10 takeoffs and landings under the supervision of a qualified line check airman who must occupy the other pilot seat for all takeoff and landings specified in this paragraph. The required OE specified in this paragraph may be reduced by 10 hours for each additional takeoff and landing accomplished during the individual’s OE in excess of the require d 10. A qualified Centurion SIC must be assigned to each operating segment during the first 50 hours or six takeoffs and landings (whichever occurs first) of the individual’s OE.

5. At the completion of the required OE, the applicant must receive a line check by a Centurion pilot check airman who is currently qualified on the airplane. This line check shall consist of at least two flight segments, one as the pilot flying and one as the non-flying pilot. This line check must be conducted over routes which the pilot may be expected to be assigned.

6. The operating limitation of § 121.438(a) is increased from 100 hours to 300 hours; and the pairing requirement of § 121.438(b) is increased from 75 hours to 300 hours.6

7. The applicant must satisfactorily complete a proficiency check in accordance with § 121.441 and Centurion’s Appendix H advanced simulation training program within 7 months of initial qualification and w ithin 12 months of initial qualification.

This exemption terminates on May 30, 2013, unless sooner superseded or rescinded.

Issued in Washington, D.C., on May 24, 2011.

/s/ Raymond Towles Acting Director, Flight Standards

Service .