AFS-09-368-E Exemption No. 10106

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

US AIRWAYS, INC. Regulatory Docket No. 2009-0743

for an exemption from §§ 60.17(c)(ii) and 60.31 of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated August 5, 2009, and supplemental information provided on November 17, 2009, Mr. James W. Fowler, US Airways, Inc. (US Airways), 4800 Hangar Road, Charlotte, North Carolina, 28208, petitioned the Federal Aviation Administration (FAA) on behalf of US Airways for an exemption from part 60 of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow US Airways to requalify the DHC-8-300 flight simulator with FAA ID 423, utilizing FAA Advisory Circular 120-40B.

The petitioner requests relief from the following regulation:

Section 60.17(c)(ii) which states, in part, if a flight simulation training device (FSTD) qualification is lost and not restored under § 60.27 for 2 years or more, then the qualification basis for the requalification will be those standards in effect and current at the time of the requalification application.

Section 60.31, which states, in part, that the FSTD sponsor must maintain records for each FSTD it sponsors for the previous 2 years.

The petitioner supports its request with the following information:

The petitioner sponsors the referenced simulator to support the training requirements of Piedmont Airlines, which operates as US Airways Express. The simulator has two possible configurations: one as a DHC-8-100 and one as a DHC-8-300. In 1992, the simulator was qualified in both the DHC-8 -100 (ID # 393) and -300 (ID # 423)2

configurations using FAA Advisory Circ ular (AC) 120-40B. Subsequently, the petitioner provided notice to the FAA National Simulator Program that it would no longer qualify the -300 configuration (ID # 423) due to a lack of training need. In light of new training requirements now being encouraged by the Baltimore Flight Standards District Office, the petitioner requests to use the training device in the -300 configuration.

The petitioner states it has maintained the -100 flight simulator (ID # 393) as a Level C qualification since August 27, 1992. As of August 5, 2009, the petitioner states that it successfully converted the flight deck, and loaded software configuration, from the -100 to a -300. The petitioner also states that its aircrew program manager (APM) has flown the -300 configuration and approved this training device for US Airway’s Express Division training program.

If this exemption is not granted, the simulator would have to meet the technical requirements of Appendix A of part 60 as a full flight simulator (FFS) rather than the original qualification requirements in AC 120-40B. If even possible, the upgrade cost

would exceed the current value of the simulator.

The petitioner states a grant of petition is in the public interest. It will permit Piedmont Airlines, operating as US Airways Express, to train its flight crewmembers on stall and stick-pusher training in the -300 configuration. In addition to the FAA recommendation to Piedmont Airlines on training, the National Transportation Safety Board (NTSB) has recommended training on stall and stick-pusher training.

The petitioner states a grant of petition would not have an adverse effect on safety. On average, the simulator is used as a -100 over 2,000 hours per year. In the 25 years the petitioner has supported the training requirements of Piedmont Airlines by sponsoring the -100 simulator, Piedmont has not experienced a single major flight incident or accident. Additionally, a grant of exemption would improve safety by permitting Piedmont Airlines to perform stall and stick-pusher training, as recommended by the

FAA and the NTSB.

A summary of the petition was published in the Federal Register on April 23, 2010 (75 FR 21388). No comments were received.3

The FAA’s analysis is as follows:

The FAA has considered the petitioner’s request and supporting materials and finds that a grant of exemption would be in the public interest. A grant of this petition would allow US Airways to complete stall warning and stick-pusher training in a hands-on, simulator environment. Currently, this training is completed in hands-off differences training.Simulator training provides a richer training experience that better prepares pilots for realworld operations. Stall warning and stick-pusher simulator training is supported by NTSB and FAA safety recommendations. Without a grant of this petition, it is unlikely that US Airways will change from its current differences training program.

Further, a grant of this petition is consistent with the intent of the 2006 final rule adopting § 60.17. See 71 FR 63392 (Oct. 30, 2006). The requirement to requalify an FSTD that has been unqualified for 2 or more years under the standards in effect at the time of requalification was intended to address devices entirely out of service to prevent new investment in old and questionable technology. See 67 FR 60284, 60292 (Sept. 25, 2002). However, the FSTD here has not been entirely out of service. The FAA acknowledges the simulator, in the -100 configuration (ID # 393), has been maintained and continuously used since it was qualified in 1992, and the simulator hardware is not in questionable condition. Additionally, the FAA recognizes the change to the -300 configuration is primarily a software change to properly simulate the performance differences, and the associated control panel changes to the cockpit are easily accomplished. Furthermore, the FAA has found the petitioner successfully re-configured the flight deck and reloaded appropriate software as originally configured for the

-300 aircraft.

The FAA also concludes a grant of this petition would not adversely affect safety. The qualification standards in AC 120-40B adequately ensure safety and have been grandfathered for continuously used FTSDs under § 60.17(a). Other similar simulators in the -300 configuration also have been in continuous use under the AC 120-40B standards, and these

simulators have been effective.

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 me by the Administrator, US Airways, Inc., is granted an exemption from part 60, § 60.17(c)(ii), to allow it to requalify the DHC-8-300 flight simulator (ID # 423) utilizing FAA Advisory Circular 120-40B. Because the simulator (ID # 423) has not been used for the4

previous 2 years and records required under § 60.31 may be incomplete, US Airways also is granted an exemption from § 60.31 for the 2-year period prior to this grant of exemption. US Airways must maintain the records for the simulator (ID # 423) required by § 60.31 forward from the date of this grant of exemption.

This exemption terminates on Jul 31 2012, unless sooner superseded or rescinded.

Issued in Washington, D.C., on Jul 23 2010.

/s/ Raymond Towles Acting Director, Flight Standards

Service