AFS

- 1 5

- 805

- E May 21, 2015

Exemption No. 4901N Regulatory Docket No. FAA

- 2001

- 9282

Mr. Jeff Miller Director of Operations

Airlines for America 1301 Pennsylvania Avenue, NW

. , S ui te 1100 Washington , DC 20004

Dear Mr. Railsback :

This letter is to inform you that we have granted your petition to extend Exemption No. 4901

with modification , as amended . It explains the basis for our decision and describes its effect

, and lists th e conditions and limitations

. Please note, per communication from Airlines from America via email dated May 18, 2015, Mr. Paul Railsback (the original submitter of the petition) has now been replaced by Mr. Jeff Smith as the Director of Operations.

The Basis for Our Decision

By letter dated March 3, 2015

, you petitioned the Federal Aviation Administration (FAA) on

behalf of the Airlines for America , Inc. ( A4A )

, for an extension of Exemption No. 4901 , as amended . That exemption from § § 63.39(b)(1) and (2 ) and 121.425(a)(2)(i) and (ii) of

Title 14, Code of Federal Regulations allows A4A

- member airlines and other qualifying part 121 certificate holders conducting part 121

- approved flight engineer training programs to meet the certification requirements of § 63.39(b)(1) and (2) concurrently with the qualification requirements of § 121.425(a)(2)(i) and (ii) in a single flight check.

The exemption also allows applicants in training for that flight check to take (1) the airplane preflight inspection portion o f that flight check using an advanced pictorial means instead of an airplane, and (2) the normal procedures portion of that flight check in an approved flight

simulation device. Furthermore, the exemption allows qualifying persons conducting part 63 fligh t engineer courses and all part 142 training center certificate holders conducting flight2

engineer training courses in accordance with part 63 to allow applicants who are training in preparation for the flight engineer practical test to take the normal pro cedures portion of that test in an approved flight simulation device.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register beca use the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to A4A

.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 4901 , as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106 (f), 40113 and 44701, which the FAA Administrator has delegated to me, Airlines for America, Inc. is grant an extension to

E xemption No. 4901 to the extent it allows A4A

- member airlines 1 and other qualifying part

121 certificate holders to conduct part 121

- approved flight engineer training programs to meet the certification requirements of § 63.39(b)(1) and (2) concurrently with the qualification requirements of § 121.425(a)(2)(i) and (ii) in a single flight check , subject to the conditions

and limitations listed below.

Conditions and Limitations

1. Advanced Pictorial Means. Part 121 certificate holders may use advanced pictorial

means to conduct the airplane preflight inspection portion of the initial flight engineer flight check under certain conditions. F or those employees who are applying for the flight engineer certificate and who are able to present (for the class rating sought) satisfactory evidence of any one of the requirements specified in § 63.37(b)(1) through (7), or who are applying for an additi onal class rating in accordance with the requirements of § 63.33, the p art 121 certificate holder must

—

a. Develop and use advanced pictorial means that provide distant views and

detailed close

- up views of each passenger compartment and exterior preflight

ins pection item depicting normal and abnormal conditions ;

b. Provide equipment with random access capability to any picture for training and checking p urposes;

c. Ensure the pictures and descriptions of the items are approved by the FAA Flight Standards District O ffice (FSDO) having responsibility for the operating certificate; and

1 Any further extensions of this exemption w ill be limited to A4A members.

All n on

- A4A part 121 carriers may petition for an exemption for similar
relief.3

d. Ensure the holder of a flight engineer certificate issued under this exemption

demonstrates proficiency on at least one complete visual inspection of the

aircraft exterior and the cabin interior of a static airplane of the appropriate
type. This demonstration of proficiency must be completed successfully and

documented before the completion of operating experience required by § 121.434 and this exemption.

2. Restricted Flight Engineer Cert ificate. Part 121 certificate holders, p art 63 course operators, and p art 142 training center certificate holders conducting flight engineer training courses in accordance with part 63 requirements may conduct the normal procedures portion of the in

- flight phase of the flight engineer practical test (and flight check, as applicable) for a restricted flight engineer certificate in an approved flight

simulation device. For flight engineer certificate applicants who are applying for an

additional class rating in accordance with the requirements of § 63.33 o r who meet any

one of the experience requirements of § 63.37(b)(4) through (7) (Note: In the case of paragraph (b)(7), the applicant also must hold at least a commercial pilot certificate

with an inst rument rating), the certificate holder or course operator must

—

a. Ensure each approved flight simulation device used to conduct the normal procedures portion of the flight engineer practical test is approved and

maintained in accordance with § 121.407 and t he approval criteria in Advisory Circular (AC) No. 120

- 40, as amended, Airplane Simulator Qualification

, and

AC No. 120

- 45, as amended, Airplane Flight Training Device Qualification. This flight simulation device must be a flight training device qualified at
Level 6 or above or a flight simulator qualified at Level A or above with or without operating motion and visual systems. Flight engineer schools operating under the privileges of this exemption need not comply with § 121.407(a)(1)(i);

b. Ensure the f light engineer normal procedures portion of the practical test is

conducted in an approved flight simulation device with a complete crew complement that is task familiar in accordance with AC No. 120

- 35, as amended, Line Operational Simulations: Line

- Orie nted Flight Training, Special Purpose Operational Training, Line Operational Evaluation. The
operator must provide a means for ensuring individuals who are not qualified

and current remain task familiar. The crew complement may not include another flight engineer certificate applicant;

c. Ensure the holder of a restricted flight engineer certificate issued under this exemption understands that the certificate may be used in service as a required flight engineer crewmember only under the supervision of a fli ght engineer, approved by the A dministrator, during the initial 12 hours of operating experience. The supervising flight engineer must hold the necessary certificates and ratings and must be qualified to perform flight engineer duties4

in the particular type airplane involved. The 12

- hour operating experience required herein may be reduced to 6 hours by substituting one additional takeoff and landing for each hour of flight time. If the qualifying flight engineer demonstrates competence during supervised operating experience, the selected flight engineer must issue a letter of competence upon completion of the required period of in

- flight supervision. This letter must signify that the

restriction on the certificate no longer applies. This letter must be retained by the holder until a permanent unrestricted flight engineer certificate can be issued;

d. Ensure the competence of the flight engineer applicant is certified in

accordance with C ondition No. 2(c). In addition, ensure the applicant knows that only upon completion of proper certification of competence may the flight engineer applicant apply to any FSDO for the issuance of a permanent unrestricted flight engineer certificate ;

e. Ensure the applicant knows that when serving in revenue operations conducte d under the authority of this exemption, the applicant must maintain in his or her possession at all times his or her letter of competence and restricted flight engineer certificate, or unrestricted flight engineer certificate, with the

reference to this e xemption deleted;

f. Ensure a restricted flight engineer certificate issued under this exemption bears

the statement: “ This certificate is subject to the provisions of Exemption

No. 4901, as amended ; ”

g. Obtain approval from the FSDO having responsibility for the operating

certificate before exercising the privileges of this exemption; and

h. Ensure those flight engineers selected to observe a qualifying flight engineer during the operating experience required by this exemption are approved by the

Administrator before acting as in

- flight supervis or flight engineers. In addition, if the selected flight engineer notes discrepancies in the performance of duties by the qualifying flight engineer and recommends additional training

and further observation in the areas of discrepancy, the certificate holder or
course operator must ensure the recommended additional training and further line observation is completed satisfactorily before application is made for the FAA unrestricted flight engineer certificate.

3. Unrestrict ed Flight Engineer Certificate. Part 121 certificate holders, part 63 course operators, and part 142 training center certificate holders conducting flight engineer training courses in accordance with p art 63 requirements may conduct the normal procedures portion of the in

- flight phase of the flight engineer practical test (and flight check, as applicable) for an unrestricted flight engineer certificate in an approved flight5

simulation device. Supervised operating experience is not a requirement for the

un restricted certificate. Accordingly, the requirements for the normal procedures portion of the practical test are different from those associated with the restricted certificate (C ondition No. 2 above). The transition from training to line operations,

in cluding crew coordination issues, is promoted by three additional requirements in the flight test for the unrestricted certificate: (1) a higher level of flight simulation, including operational visual and motion systems; (2) a more highly quali fied crew complement; and (3) a l ine operational evaluation (L OE )

.

For those flight engineer certificate applicants who are able to present, for the class rating sought, satisfactory evidence of any one of the requirements specified in § 63.37(b)(1) through (7), o r who are applying for an additional class rating in accordance with the requirements of § 63.33, the certificate holder or course operator

must

—

a. Ensure each approved flight simulation device used to conduct the flight engineer normal procedures LOE porti on of the flight engineer practical test is approved and maintained in accordance with § 121.407 and the simulator approval criteria contained in AC No. 120

- 40, as amended. This approved flight simulation device may be qualified at any level (Level A or h igher) and must have operating visual and motion systems. Operations under the provisions of this exemption need not comply with § 121.407(a)(1) (i);

b. Ensure the flight engineer normal procedures LOE is conducted with a complete crew complement that is tas k familiar in accordance with AC

No. 120

- 35, as amended. Such crewmembers must be qualified in accordance

with § 61.58. No medical certificate or 90

- day landing currency is required. The crew complement may not include another flight engineer cer tificate applicant;

c. Develop, obtain approval for, and have available for use during the conduct of the flight engineer normal procedu res LOE no fewer than six separate flight engineer normal procedures LOE scenarios. Each scenario must be designed in

a ma nner that avoids stereotyping and makes it distinct from other scenar ios used in training or testing; and6

d. Obtain approval from the having responsibility for the operating certificate before exercising the privileges of this exemption.

The Effect of Our D ecision

Our decision extends the termination date of Exemption No. 4901 , as amended, to May 31, 201 7

, unless sooner superseded or rescinded.

S incerely

,

/s/ John Barbagallo Deputy Director, Flight Standards Service