AFS

- 13

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- E May 21, 2013

Exemption No. 10775 Regulatory Docket No. FAA

- 2013

- 0100

Mr. Tim Palcho

Chief Instructor Kent State University College of Technology

P.O. Box 5190 Kent, O H 44242

- 0001

Dear Mr. Palcho :

This letter is to inform you that we have denied your petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated January 24, 2013

, and supplemental information date d February 20 , 2013 , you petitioned the Federal Aviation Administration (FAA) on behalf of Kent State University ( KSU ) for an exemption from § § 61.43(a)(1) and 61.45 of Title 14

, Code of Federal Regulations (14 CFR) to the extent necessary to allow KSU stu dents to use a noncomplex aircraft when taking a FAA practical test to add an airplane single

- engine rating to their Certified Flight Instructor (CFI) certificates.

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

in the Federal Register because this is not a precedent

- setting petition , and any delay in acting on this petition would be detrimental to KSU

.

The FAA has issued denials of exemption in circumstances similar in all material respects to those presented i n your petition. The petitioners in Denial of Exemption Nos. 9651 and

10442 (copies enclosed) also cited increasing aircraft scarcity and operating costs for certain single

- engine complex aircraft. In the FAA’s response to those petitions, we found that the petitioners were unable to show that their proposed operations met an equivalent level of safety to that of the rule. The FAA has found that applicants for the CFI certificate with a single

- engine rating need to demonstrate that they have the skills t o execute and teach preflight inspection, takeoff, landing, and emergency procedures for single engine aircraft (which includes complex single

- engine aircraft )

. The only way to fulfill this requirement is

to demonstrate the skill in a n actual complex sing le

- engine aircraft.2

In your petition, you ask ed if applicants adding a single

- engine rating to their CFI certificates are required to provide a complex single

- engine aircraft for the practical test. Page 1 1

, paragraph 3 of the FAA Practical Test Standards (PTS) describes the a ircraft and e quipment

r equired for the p ractical test, “ ...be capable of performing all appropriate Tasks for the fli ght instructor rating sought...” and “ a complex airplane must be furnished for the performance of takeoff and landing m aneuvers and appropriate emergency procedures. ” The applicant must demonstrate the ability to perform and instruct a ppropriate emergency procedures ( that is, single

- engine emergency procedures ) in a complex airplane

.

We find that a complex aircraft is r equired for any CFI practical test for an airplane single

engine rating (initial or added single

- engine airplane rating). The PTS rating table (found on page 21 of the Flight Instructor Practical Test Standards , FAA

- S

- 8081

- 6D) shows that certain procedure s requiring a complex airplane are required on the practical test for both the initial

CFI certificate and the practical test for an added single

- engine airplane rating

.

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

• T hey do no t differ materially from those presented by the petition ers in the enclosed

Denials of E xemption Nos. 9651 and 10442 ;

• T he reasons stated by the FAA for denying the enclosed Denial s of Exemption

Nos. 9651 and 10442 also apply to the situation you present; and

• A grant of exemption would no t be in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, w hich the FAA Administrator has delegated to me, I hereby deny the petition of Kent State University for an exemption

from 14 CFR § § 61. 43(a)(1) and 61. 45

.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service

Enclosures