Exemption 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 November 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 aeronautical 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 provision 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 

AFS-08-109-E 
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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 regulatory 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, therefore, 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 must 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 training 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 minimum 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 a 
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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 Centurion’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 of 
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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 public 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 incorporating a flight engineer duty position are no longer 

manufactured; therefore, to advance their careers and continue employment in commercial 

aviation, airmen holding flight engineer certificates 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 factors. 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 to 
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me by the Administrator, Centurion Air Cargo is granted an exemption from 14 CFR part 

121, Appendix H to the extent necessary to allow 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 requirements 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 requirements 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 required 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. 
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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 within 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 .