AFS-15-805-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., Suite 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 the 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petition) has now been replaced by Mr.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 of 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 

flight engineer courses and all part 142 training center certificate holders conducting flight 
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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 procedures 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 because 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 

Exemption No. 4901 to the extent it allows A4A-member airlines1 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. For 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 additional class rating in accordance with the

requirements of § 63.33, the part 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 

inspection item depicting normal and abnormal conditions;

b. Provide equipment with random access capability to any picture for training 

and checking purposes;

c. Ensure the pictures and descriptions of the items are approved by the FAA

Flight Standards District Office (FSDO) having responsibility for the operating 

certificate; and

 

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

All non-A4A part 121 carriers may petition for an exemption for similar 

relief.
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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 Certificate. Part 121 certificate holders, part 63 course 

operators, and part 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 or 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 instrument 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 the 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 flight 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-Oriented 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 flight engineer, 

approved by the Administrator, 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 duties 
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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 Condition 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 conducted 

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 exemption 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 supervisor 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. Unrestricted 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 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 an unrestricted flight engineer certificate in an approved flight 
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simulation device. Supervised operating experience is not a requirement for the 

unrestricted certificate. Accordingly, the requirements for the normal procedures 

portion of the practical test are different from those associated with the restricted

certificate (Condition No. 2 above). The transition from training to line operations, 

including 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 qualified crew 

complement; and (3) a line operational evaluation (LOE).

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), or 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 portion 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 higher) 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 task 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 certificate 

applicant;

c. Develop, obtain approval for, and have available for use during the conduct of 

the flight engineer normal procedures LOE no fewer than six separate flight 

engineer normal procedures LOE scenarios. Each scenario must be designed in 

a manner that avoids stereotyping and makes it distinct from other scenarios 

used in training or testing; and
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d. Obtain approval from the having responsibility for the operating certificate 

before exercising the privileges of this exemption.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 4901, as amended, to 

May 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/

John Barbagallo

Deputy Director, Flight Standards Service