AFS-12-389-E 

July 18, 2012 

 Exemption No. 10585 

 Regulatory Docket No. FAA-2012-0549 

Mr. Steven Briner 

Director, Corporate Training 

Comair, Inc. 

82 Comair Boulevard 

Erlanger, KY 41018 

Dear Mr. Briner: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated May 16, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Comair, Inc. (Comair) for an exemption from §§ 61.39(a)(1) and (b)(l)(i) and 

61.157(b) and (c) of Title 14 of the Code of Federal Regulations (14 CFR) to the extent 

necessary to allow Comair’s second in command (SIC) to use an expired knowledge test 

when applying for the practical test for an airline transport pilot (ATP) certificate or a type 

rating completed concurrently with an ATP certificate after successful completion of an 

approved part 121 SIC training program. The exemption would also allow completion of a 

part 121 air carrier's approved SIC qualification training program to satisfy the training and 

endorsement requirements in § 61.157(b). 

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Comair. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10556 (copy enclosed), the FAA 
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found that approved part 121 SIC training programs provide extensive training specific to the 

aircraft type and the part 121 operation in which the pilot will be serving. Allowing SICs to 

utilize the exceptions in § 61.39(b)(1) and § 61.157(c) after successfully completing an air 

carrier's approved SIC training program will minimize the burden on part 121 certificate 

holders as they prepare to schedule the training hours and certification activities required to 

provide ATP certification to the large number of first officers who currently hold commercial 

pilot certificates. This exemption serves the public interest as it will allow carriers to 

certificate their SICs in advance of the August 2013 deadline set forth in Public Law 111-216 

without disruption of service or a compromise to safety. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 10556; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10556 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Comair, Inc. an exemption from 14 CFR §§ 61.39(a)(1) 

and (b)(l)(i) and 61.157(b) and (c) to the extent necessary to allow Comair’s second in 

command (SIC) to use an expired knowledge test when applying for the practical test for an 

airline transport pilot (ATP) certificate or a type rating completed concurrently with an ATP 

certificate after successful completion of an approved part 121 SIC training program. The 

exemption would also allow completion of a part 121 air carrier's approved SIC qualification 

training program to satisfy the training and endorsement requirements in § 61.157(b), subject 

to the conditions and limitations described below. 

Conditions and Limitations 

1. SICs must meet the eligibility requirements for ATP certification in § 61.153, the 

applicable flight proficiency requirements in § 61.157, and the aeronautical 

experience requirements in § 61.159. 

2. SICs must successfully pass a proficiency check conducted by an Aircrew 

Program Designee for the air carrier, a Training Center Evaluator authorized to 

conduct ATP certification for the air carrier through a check pilot authorization, or 

an FAA inspector in accordance with the provisions of § 61.157(f) and § 61.71(b). 

 Under an Advanced Qualification Program (AQP), SICs must meet the 

certification requirements identified in § 121.919 as approved within the specific 

air carrier's AQP. 
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3. The approved SIC training program must include training on any tasks and 

maneuvers required for ATP certification for which the SIC has not previously 

received flight training in new hire, initial, transition, or recurrent training, or, 

under AQP, Indoctrination, Qualification, or Continuing Qualification. 

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/S/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service 

Enclosure