Exemption No. 17157

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

AME RIFLIGHT LLC Regulatory Docket No. FAA

- 2014

- 0278

for an exemption from § 135.243 of Title 14, Code of Federal Regulations

FULL GRANT OF EXEMPTION

By letter dated April 23, 2014, Mr. Andrew Lotter, President, Ameriflight, LLC (Ameriflight), 4700 Empire Ave., Hangar 1, Burbank, CA, 91505 petitioned the Federal Aviation Administration (FAA) on behalf of Ameriflight for an exemption from § 135.243(c)(2) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow an Ameriflight pilot to qualify as a pilot in command (PIC) of an airplane under Instrument Flight Rules (IFR) with r educed flight time while engaged in cargo

only part 135 operations in a propeller

- powered airplane, which does not require a type rating.

The petitioner requests relief from the following regulation:

Section 135.243(c)(2) states, except as provided in p aragraph (a) of this section, no certificate holder may use a person, nor may any person serve, as pilot in command of an aircraft under IFR unless that person

- has had at least 1,200 hours of flight time as a pilot, including 500 hours of cross country f light time, 100 hours of night flight time, and 75 hours of actual or simulated instrument time at least 50 hours of which were in actual flight.

The petitioner supports its request with the following information:2

The petitioner seeks a reduction in the hours required to serve as a PIC in part 135 cargo

- only IFR operations from 1, 200 to 1,000. The petitioner states that a grant of the petition would allow it to tap into the much larger supply of pilots who have at least 1,000 hours total time.

The peti tioner states that a 2010 study by Aviation Accreditation Board International (AABI) followed 2,156 new hire pilots. The petitioner states that board determined that those between 500 and 1,000 hours total flight time had the fewest "additional training" requirements, fewer incompletes, and in general, better overall performance than, for example, the group with 1,500 hours total time. The petitioner claims that based upon this study, it would be putting pilots into the air carrier operational environment at the peak of their performance and receptiveness to training and expanded responsibilities.

The petitioner asserts that it would maintain a level of safety equivalent to the regulation because pilots operating under the exemption will complete addition al training, checking, and mentoring. The petitioner proposes the following limitations, if this exemption is granted:

1. PICs would be required to have at least 1,000 hours of total flight time, including 400 hours of cross country flight time, 80 hours of night flight time, and 70 hours of actual or simulated instrument time at least 40 hours of which were in flight in airplanes.

2. Types of instrument approaches for which the PIC qualified in accordance with § 135.297 and Ameriflight operations specificatio ns would be approved, except night circling approaches would not be authorized.

3. Enroute and terminal area IFR operations would be authorized only if approved weather reports, forecasts, or any combination thereof indicate that instrument meteorological co nditions (IMC) would not be encountered within 1,000 feet above the departure or arrival airport field elevation.

4. In the event that unforecast IMC below the limits in paragraph 3 above is encountered on approach, the flight would proceed to an alternate o r return to the previous airport.

5. IFR alternate airports would be required to be forecast to have a minimum of 1,000 foot ceiling (or no ceiling) and three miles visibility for the estimated time of arrival (ETA) at the alternate, or the minimum as provid ed in part 135 and the Ameriflight operations specifications, whichever is more restrictive.

The petitioner proposes that for pilots approaching the 1,000 hour threshold beyond which IFR flying would be authorized, if this exemption is granted, Amerifligh t intends to provide the following additional training to further ensure a level of safety at least equal to that provided by § 135.243(c)(2):3

1. Pilots would complete Ameriflight's FAA

- approved Second in Command (SIC) training and checking program, which includes instrument procedures training, and airplane make

- and

- model

- specific ground and "simulator" training as indicated below.

2. Pilots would undergo a minimum of 15 hours of training in an Ameriflight flight training device (FTD) make

- and

- model specific to the airplane in which pilot will serve as SIC, followed by in

- flight training to proficiency.

3. Following satisfactory completion of an SIC checkride with an Ameriflight FAA

designated Check Captain, the petitioner states that the pilot would complete 5 0 hours of SIC time in the Ameriflight airplane type for which the pilot was trained.

4. After completing the SIC experience requirement above, additional FTD and in flight training

- to

- proficiency as required in preparation for a PIC checkride.

5. Satisfactory completion of a full §135.293

- 297

- 299 check by either a FAA designated Ameriflight Check Captain or FAA Inspector, with no elements waived.

6. After passing the PIC checkride, pilots would accumulate a minimum of 10 hours Initial Operating Experience (IOE) as acting PIC in the aircraft in which they will serve as PIC, under the supervision of an Ameriflight Training Captain.

7. Pilots would be mentored by an Ameriflight training captain during the first 50 hours of operation under this exemption.4

8. Additional §135.297 Line Checks by an Ameriflight FAA

- designated Check Captain in the second and fourth month after qualifying as IFR PIC under this exemption to ensure performance is up to standard.

9. These pilots will also be subject to unannounced line checks by Am eriflight Check or Training Captains.

10. Until the pilot has reached all § 135.243(c)(2) experience requirements, a full § 135.293

- 297

- 299 check by either an FAA

- designated Ameriflight Check Captain or FAA Inspector, with no elements waived, will be conducte d at six

- month intervals [grace periods per § 135.301(a) allowed].

11. The requirements above would also apply to any other aircraft type into which the pilot transitioned, until all § 135.243(c)(2) prerequisites were met.

12. Unsatisfactory performance by a pi lot operating under this exemption on any of the checkrides specified above would result in review by the Chief Pilot (CP) and Director of Operations, and at their discretion, either assignment of additional training followed by a full § 135.293

- 297

- 299 ch eck by either an FAA

- designated Ameriflight Check Captain or FAA Inspector, with no elements waived, or removal from assignment as

PIC.

The petitioner also proposes to continuously measure the effectiveness of the program that would be authorized, if this exemption is granted, through additional monitoring as follows:

1. The IOE captain will provide a report of individual pilot performance during IOE to be reviewed by the CP and Director of Training (DT).

2. Outcomes of the § 135.293

- 297

- 299 checks to be revie wed by the CP and DT.

3. Outcomes of the § 135.299 line checks at the second and fourth month after initial PIC qualification, to be reviewed by the CP and DT.

4. Results of unannounced line checks will be reviewed by the CP and DT.

5. These results will be disc ussed on a monthly basis (or at other mutually

- acceptable intervals) with Ameriflight’s Principal Operations Inspector (POI) and any adjustments to the training and checking protocols made as necessary.

The petitioner believes that any additional risk res ulting from the approximately 20 percent reduction in flight hours proposed in the petition will be mitigated or eliminated as follows:

 The 2010 study by AABI indicates that pilots are reaching their “peak of performance” at 1,000 hours total time, so the petitioner is introducing these pilots to part 135 PIC responsibilities at an optimum point in their careers.5

 The extra training, mentoring, monitoring, and checking in this program will act to offset any additional risk associated with the slight reducti on in minimum flight hour requirements.

 Specific provisions are included to remove pilots from the program who do not continue to meet the performance requirements.

The petitioner believes that this additional training, monitoring, checking, and mentoring exceeds current part 135 requirements in scope and specificity and will achieve and maintain a level of safety equal to or greater than that required by the current regulations. The petitioner also stated the exemption would only apply to “relatively simp le, lower

- speed, less

demanding aircraft.”

The petitioner states that pilots whose VFR line flying experience begins at 500 hours, who then move to controlled IFR line operations at 1,000 hours, arrive at the 1,200 hour unrestricted threshold more thoroug hly seasoned, with broader experience, and consequently better prepared to transition into larger, faster, more complex and demanding type

- rated

aircraft

– resulting in a safer better qualified pilot at the point where the pilot qualifies for

unrestricted part 135 operations.

The petitioner states a significant shortage of qualified pilots has developed in the United States, and the effects are being felt from the regional airline industry downward. In recent months, the petitioner states they have not be en able to fill pilot training classes. The petitioner states that the inability to fill classes, combined with recent acceleration in attrition of their current pilot group toward jobs flying jets, has left the petitioner so short of pilots that they have to assign management pilots to regular trips, charter flights to other carriers, and, fail service for their contract customers, which include UPS, FedEx, and DHL.

The petitioner believes the grant of this petitions is in the public interest because it w ould fill the pilot supply pipeline with more mature aviators. The petitioner believes these pilots will enter passenger airline operations with experience that would satisfy the objectives of Public

Law 111

- 216. The petitioner also believes this petition is in the public interest because it will allow Ameriflight to continue to provide express delivery freight to smaller communities in the United States, including pharmaceuticals, medical laboratory samples, high transport

index limited half

- life radionucl ides used for cancer diagnosis and therapy and other high priority freight.

A summary of this petition was published in the Federal Register on August 18, 2015. No

comments were received.

The FAA’s analysis is as follows:

The petitioner supports its requ est for reduction in flight hours by citing the 2010 Pilot Source Study by AABI and states the study indicates that pilots are reaching their “peak of performance” at 1,000 hours total time. The FAA notes that the third phase of the Pilot Source6

Study in 2 012 indicates that pilots with 1,001

- 1,500 total flight hours had more completions in training than any other group, including the group with 500

– 1,000 total flight hours. Considering the findings of the third phase of the study, the FAA supports reducing the minimum total flight time to 1,000 hours provided the additional conditions and limitations

outlined herein are met.

The FAA also notes that the Pilot Source Study only examined total flight hours and not the other specific categories of flight time, such as cross

- country time, night time, and instrument time. Since the Pilot Source Study only examined total flight hours, the FAA is not persuaded that a reduction in cross country time, night time, or instrument time is appropriate because

the FAA beli eves that these specific categories represent quality flight time that provides critical experience before serving as PIC in part 135 IFR operations. (See condition and limitation number 2.)

The petitioner proposed that PICs operating under this exempti on be authorized to conduct enroute and terminal area IFR operations if approved weather reports, forecasts, or any combination thereof indicate that IMC will not be encountered within 1,000 feet above the departure or arrival airport field elevation. 1 In most situations, this would preclude the PIC from operating in low IFR during departure and arrival. 2 The FAA agrees that it is appropriate to limit these pilots from operating in low IFR during departure and arrival. However, to achieve that objective, th e FAA determined more specific weather restrictions are necessary. Due to obstacles and terrain, the lowest applicable approach minima at a particular airport may be equal to or greater than 1,000 feet above the airport field elevation. Therefore, the

FAA believes the ceiling requirement for pilots operating under this exemption must be at least 1,000 feet above the airport elevation or 500 feet above the lowest applicable approach minima for the airport, whichever is higher. Additionally, a minimum visibil ity requirement of 3 miles or 1⁄2 mile greater than the lowest applicable approach minima for the airport, whichever is higher, is appropriate. Further, the FAA believes risk assessment and mitigation must be conducted for operations in known or forecast ici ng conditions. (See condition and limitation numbers 11, 12 and 13.)

The petitioner proposed that before operating under this exemption, pilots would accumulate a minimum of 10 hours of IOE as acting PIC under the supervision of an Ameriflight training

ca ptain. However, the term “training captain” is not used in part 135, and the petitioner did not specify the minimum requirements for a person to serve as a training captain. Therefore, the FAA determined it is necessary for the person supervising the opera ting experience to be a check pilot (aircraft) who meets the applicable requirements of §§ 135.337 and 135.339. (See condition and limitation number 3.)

1 IMC is not defined in 14 CFR; however the Pilot/Controller Glossary in the FAA Aeronautical Information Manual (AIM) defines IMC as meteorological conditions less than the minima for conductin g flight under visual flight rules (VFR). The weather minimums for flight under VFR are specified in 14 CFR § 91.155 and vary depending on altitude and class of airspace. (AIM dated April 4, 2014)

2 The FAA AIM, Chapter 7, paragraph 7

- 1

- 7 defines low IFR a s a ceiling of less than 500 feet and/or visibility less than 1 mile. (AIM dated April 4, 2014)7

The petitioner proposed that pilots operating under this exemption receive mentoring by an Ameriflight training captain during the first 50 hours of operation under the exemption. The petitioner did not specify the minimum requirements for a mentor training captain. For mentoring to be effective, the FAA believes that the mentor must have a minimum level o f experience and knowledge of Ameriflight operations. Therefore, the FAA has determined that to serve as a mentor, a person must have been fully qualified to serve as PIC during IFR operations, including all requirements of § 135.243(c)(2), for Ameriflight for at least the previous 6 calendar months. Further, whenever possible, the mentor should be a PIC on the same airplane type as the protégé. Additionally, the FAA has determined that the mentoring timeframe should not be based on flight hours alone. A PI C must participate in the Mentorship Program for at least the first 50 hours operating under this exemption. However, some PICs may benefit from additional mentoring. Therefore, the protégé must continue in the Mentorship Program until the DT, mentor, and protégé all agree that the PIC is prepared to operate without daily briefings with the mentor. This may require the protégé to remain in the Mentorship Program beyond the first 50 flight hours. (See condition and limitation number 8.)

The petitioner propo sed specific procedures to continuously measure the effectiveness of the training, checking, and mentoring for pilots operating under this exemption. The procedures included review of the results of the proposed testing and checking and the reports provide d by the check pilots supervising OE by the CP and DT. The petitioner also proposed that these results would be discussed with Ameriflight’s POI on a monthly basis and adjustments to the training and checking made as necessary. The FAA agrees with the prop osed procedures with some modifications. The petitioner proposed that the pilots operating under this exemption would be subject to unannounced line checks. The FAA agrees that unannounced line checks would provide valuable data; therefore the FAA has dete rmined that it is appropriate to require a minimum number of unannounced line checks be conducted by the petitioner every 6 months. The FAA believes reports from the mentors are also a valuable component to measure the effectiveness of the training and che cking for these pilots. Therefore, FAA has determined that the mentors must submit weekly reports on the progress of the protégés. The mentor reports and the results of the unannounced line checks must also be reviewed by the

CP and DT and de

- identified su mmaries provided to the POI on a monthly basis. (See condition and limitation numbers 6, 7, 8, 9, and 10.)

The FAA has also determined that to ensure understanding and correct application of this exemption, Ameriflight must include procedures for operati ng under this exemption in its manual and all affected PICs, check pilots, and mentors must be trained on the conditions and limitations of this exemption. (See condition and limitation numbers 14, 15, 16, and 17).

In summary, the FAA agrees that qualit y integrated training, checking, and mentoring can provide a safety benefit that may not be obtained by simply meeting a flight time requirement alone. Therefore, the FAA agrees that an equivalent level of safety can be maintained in part 135 cargo

- only op erations in propeller

- powered airplanes that do not require a type rating if the PIC has at least 1,000 hours total time, completes additional training, checking, and8

mentoring, and is restricted to IFR operations with higher minimum weather requirements f or departure and arrival. In addition, the FAA finds that the safety benefit provided by this quality training, checking, and mentoring is in the public interest. (See condition and limitation numbers 2, 4, 5, and 18.)

The FAA’s Decision

In consideration of the foregoing, I find that a full grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, Ameriflight and pilots employed by Ameriflight are granted an exemption from 14 CFR § 135.243(c)(2) to the extent necessary to allow an Ameriflight pilot to qualify as a Pilot In Command (PIC) of an aircraft under Instrument Flight Rules (IFR) with reduced flight time while engaged in cargo

- only operat ions under 14 CFR part 135, subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption may only be used during part 135 cargo

- only operations in propeller

- powered airplanes that do not require a type rating.

2. The PIC must have at least 1,000 hours total flight time, including at least 500 hours of cross country flight time, 100 hours of night flight time, and 75 hours of actual or simulated instrument time of which at least 50 hours were acquired in actual flight in ai rplanes.

3. The PIC must have previously completed the following:

a. Satisfactory completion of an Ameriflight approved second in command (SIC) training curriculum, including at least 15 hours in an Ameriflight flight training device (FTD) that is make

- and

- mode l specific to the airplane in which pilot will serve as SIC, followed by in

- flight training to proficiency.

b. Satisfactory completion of the testing requirements specified in § 135.293 as

an SIC.

c. At least 50 hours of SIC flight time in the airplane type f or which the pilot

was trained and tested.

d. Satisfactory completion of an Ameriflight approved PIC training curriculum, including training in an FTD that is make

- and

- model specific to the airplane in which pilot will serve as PIC, followed by in

- flight tra ining to proficiency.9

e. Satisfactory completion of the testing requirements specified in § 135.293, the instrument proficiency check requirements specified in § 135.297, and the line check requirements specified in § 135.299 as a PIC. No maneuvers or procedu res may be waived during the conduct of these tests and checks.

f. At least 10 flight hours of operating experience (OE) during IFR operations acting as PIC, in the airplane in which the pilot will serve as PIC, under the supervision of a check pilot (aircraf t) who meets the applicable requirements of §§ 135.337 and 135.339.

4. The PIC must satisfactorily complete two additional § 135.299 line checks. The first additional line check must be completed 30 to 60 days after completion of the OE required by paragraph 3.f. The second additional line check must be completed 90 to 120 days after completion of the OE required by paragraph 3.f. These checks must be conducted during IFR operations by a check pilot (aircraft) who meets the applicable requirements of § 135.337 and § 135.339. The FAA will not provide inspectors to conduct these additional checks.

5. The PIC must satisfactorily complete the testing requirements specified in § 135.293, the instrument proficiency check requirements specified in § 135.297,

and the line check requirements specified in § 135.299 as a PIC every 6 calendar months (§ 135.301(a) provisions apply). No maneuvers or procedures may be waived during the conduct of these tests and checks.

6. All PICs operating under this exemption are subject to unann ounced § 135.299 line checks conducted by a check pilot (aircraft) who meets the applicable requirements of §§ 135.337 and 135.339. Ameriflight must conduct unannounced line checks of at least 10% of the pilots operating under this exemption every 6 calend ar months.

7. The check pilot(s) who supervise the OE required by paragraph 3.f. must submit a report of the PIC’s performance to the Chief Pilot (CP) and Director of Training (DT).

8. After completing the OE required by paragraph 3.f., the PIC must participate in the Ameriflight Mentorship Program for at least the first 50 flight hours operating under this exemption. The minimum requirements for the Mentorship Program are

as follows:

a. Mentors must be designated by Ameriflight. To serve as a mentor, a pilot

must have been fully qualified to serve as PIC during IFR operations, including all requirements of § 135.243(c)(2), for Ameriflight for at least the previous 6 calendar months. Whenever possible, the mentor should be a PIC on the same airplane type as the prot égé.10

b. Prior to the first flight of the day, the Mentor and the protégé must conduct a briefing including personal preparedness, all known weather factors, airport factors, equipment factors, and active and latent threats to the flights the protégé is assign ed that day. The Mentor must also discuss with the protégé strategies to determine the appropriate course of action in the event of unanticipated events, such as unforecast weather, mechanical difficulties, or changes to the assigned flights. This briefing is duty with Ameriflight and must be included in duty period for the Mentor and the protégé and may not be conducted during a required rest period.

c. After the last flight of the day, the Mentor and protégé must conduct another briefing to discuss the outco me of the flights, unanticipated events and protégés actions as a result, and any questions or concerns. This briefing is duty with Ameriflight and must be included in the duty period for the Mentor and the protégé and may not be conducted during a require d rest period. If this briefing cannot be completed after the last flight of the day due to duty period or rest limitations, it must be completed before the protégé’s next flight.

d. Mentors must submit a weekly report to the DT regarding the protégé’s

progre ss.

e. The protégé must continue in the Mentorship Program until the mentor, protégé and the DT agree that the protégé is prepared to operate without daily briefings with the mentor. This may require the protégé to remain in the Mentorship Program beyond the first 50 flight hours.

9. The CP and DT must review the results of the testing and checking specified in this exemption, the reports provided by the check pilots supervising OE, and the reports provided by the mentors. For any unsatisfactory performance, the CP and DT must determine whether to give the pilot additional training followed by the required checks or remove the pilot from assignment as a PIC.

10. Ameriflight must submit de

- identified summaries of (1) the results of the testing and checking specified i n this exemption, (2) the reports provided by the check pilots supervising OE, and (3) the reports provided by the mentors to the Ameriflight Principal Operations Inspector (POI) at least monthly. If the

de

- identified summaries indicate insufficient traini ng, testing, checking, or mentoring of pilots operating under this exemption, Ameriflight must make amendments to improve the training, testing, checking, or mentoring, as appropriate.

11. Enroute and terminal area IFR operations may only be conducted under th e following weather requirements:11

a. The approved weather report when takeoff commences indicates a ceiling of at least a 1,000 feet above the departure airport elevation or 500 feet above the lowest applicable approach minima for the departure airport, which ever is higher, and a visibility of at least 3 statute miles or 1⁄2 mile greater than the lowest applicable approach minima for the departure airport, whichever is higher.

b. Approved weather reports, forecasts, or any combination thereof indicates

that at the estimated time of arrival, the ceiling will be at least 1,000 feet above the arrival airport elevation or 500 feet above the lowest applicable approach minima for the arrival airport, whichever is higher, and the visibility will be at least 3 statute mile s or 1⁄2 mile greater than the lowest applicable approach minima for the arrival airport, whichever is higher.

c. The pilot may only begin and continue an instrument approach at the arrival airport if the approved weather report indicates the ceiling is at lea st 1,000 feet above the airport elevation or 500 feet above the lowest applicable approach minima, whichever is higher, and the visibility is at least 3 statute miles or 1⁄2 mile greater than the lowest applicable approach minima for the airport, whichever i s higher.

d. The pilot may not conduct circling approaches at night.

e. If an alternate airport is required in accordance with § 135.223, then an airport may only be designated as the alternate airport if approved weather reports, forecasts, or any combination thereof indicates that at the estimated time of arrival, the ceiling will be at least 1,000 feet above the alternate airport elevation or 500 feet above the lowest applicable approach minima for the alternate airport, whichever is higher, and the visibilit y will be at least 3 statute miles or 1⁄2 mile greater than the lowest applicable approach minima for the alternate airport, whichever is higher.

12. Ameriflight must submit a report detailing all instances during which unforecast weather required a pilot to con duct an instrument approach at the alternate airport below the weather minimums specified in paragraph 11.e, including the circumstances surrounding each event, to the Ameriflight POI at least monthly. If the report indicates insufficient flight planning, Ameriflight must make amendments to the flight planning policies or procedures to improve the flight planning.

13. Prior to utilizing this exemption, Ameriflight must develop procedures for risk assessment and mitigation for operations in known or forecast ici ng conditions. These procedures must be approved by the FAA Principal Operations Inspector assigned to Ameriflight.12

14. Ameriflight must include procedures for operating under this exemption in the manual required by § 135.21.

15. The approved PIC training curricu lum, for PICs who will operate under this exemption, must include ground training on the conditions and limitations of this exemption and the Ameriflight Mentorship Program.

16. Check pilots who will supervise OE or conduct tests or checks of PICs who will

ope rate under this exemption must complete the approved check pilot training curriculum, which must include ground training on the conditions and limitations of this exemption.

17. Prior to serving as a mentor, Ameriflight must provide ground training to mentors on the Ameriflight Mentorship Program and the conditions and limitations of this exemption, with emphasis on the weather requirements specified in paragraphs 11

and 13.

18. Each § 135.293(a) written or oral test for a PIC who will operate under this exemptio n, must include testing on the pilot’s knowledge of the weather requirements specified in paragraph 11.

19. Ameriflight must maintain, at the principal base of operations (or location agreed to by the POI), a current list of PICs operating flights under this e xemption.

20. This exemption may only be used in operations conducted entirely within the

United States.

This exemption terminates on December 31

, 2018, unless sooner superseded or rescinded.

Issued in Washington, D.C., on 28 November, 2016.

/s/

John S . Duncan Director, Flight Standards Service

.