AFS

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- E Exemption No. 16045

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

MARCO EPIFANIO Regulatory Docket No. FAA

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- 341 6

for an exemption from § 61

. 73(c) of Title 14, Code of Federal Regulations

DENIAL OF EXEMPTION

By letter dated July 14, 2015 , Mr. Marco Epifan i o ( Mr. Epifan i o ), A ir Operations , PSC 812 BOX 1675, FPO AE 0927

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, petitioned the Federal Aviation Administration (FAA) for an exemption from § 61

. 73(c) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow eligibility for issuing a Commercial Pilot

c ertificate based on training completed as a military pilot of the Armed Forces of a foreign contracting State during assignment to pilot duties for flight training.

The petitioner requests relief from the following regulation:

Section 61

. 73(c) prescribes , in pertinent part, that a person who is a military pilot in the Armed Forces of a foreign contracting State to the Convention on International Civil Aviation and is assigned to pilot duties in the U.S. Armed Forces, for purposes other than receiving flight training, may apply for a commercial pilot certificate and ratings under paragraph (a) of this section

.

The petitioner supports its request with the following information:

The petitioner states he was a n Italian Na vy O fficer enrolled in the US N avy flight training program and graduated from both fixed w ing and helicopter pilot training. He was designated a Naval Aviator after com pleting fixed wing training with VT

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, NAS Corpus Christi , TX and was designated a N aval A viator in M ay 2008. He was designated a Rotary Wing Pilot in March 2009 after completing helicopter training with Helicopter Training Squadron 8, NAS Whiting Field, FL. T he petitioner states he has2

been a permanent resident of the United States since January 2013

, and is in the process of becoming a citizen

. If this exemption were granted, Mr. Epifanio seeks to receive a commercial p ilot certificate with instrument rating for both airplane and h elicopter categories

, having completed the same training as U

. S

. Navy pilots . The petitioner

seeks to work in the U nited States as a commercial pilot, and to join the US Navy

Reserve.

The petitioner requests an exemption fro m the requirement of being assigned to pilot

duties in the U.S. Armed Forces, for purposes other than receiving flight training.

The petitioner’s military flight experience shows that he is a military pilot of the Armed Forces of a foreign contracting st ate and was enrolled in the U.S. Navy flight program, graduated and was designated a naval aviator in May 2008. Mr. Epifanio states that his personal need for an exemption is based on his intent to apply for employment in the

U.S.

The petitioner believes that granting his request would be in the public interest because it would allow him to more fully utilize his training and flying experience in support of search and rescue, air evacuation and transport duties. He maintains it also could result

in his a pplication to the U.S. Navy Reserve Direct Commissioning Program and would allow him to serve in the U.S. Navy Reserve.

A summary of the petition was published in the Federal Register on October 1, 2015 (80 FR 59222 ). No comments were received.

The FAA’ s analysis is as follows:

Section 61.73 contains special pilot certification rules whereby military pilots or former military pilots may apply for pilot certificat es or ratings on the basis of their military flight training and pilot status rather tha n on a showing that they meet the specific certification requirements of 14 CFR p art 61.

Section 61.73(c) requires that a person who is a military pilot in the Armed Forces of a foreign contracting State to the Convention on International Civil Aviation an d is assigned to pilot duties in the U.S. Armed Forces, for purposes other than receiving flight training, may apply for a commercial pilot certificate and ratings under paragraph (a) of this section

.

The FAA does not agree with the petitioner that the pu blic interest would be served by granting his request. Mr. Epifanio suggests that by seeking employment in US commercial aviation and the US Navy Reserve that the public interest will be served. However, the petitioner underwent US Navy pilot training fo r a period of seven months, and then returned to duty in the Italian Navy.3

Furthermore, t he intent of § 61.73 is to recognize that a fully

- qualified, and current, aviator serving in the US military, who had taken the appropriate military competence knowl edge test, would normally be expected to meet the aeronautical knowledge, flight proficiency, and aeronautical experience required for the holder of an FAA Commercial Pilot Certificate

. He has not shown how this period of US Navy training provides the lev el of safety provided by §61.73 and by §61.125, §61.127, and §61.129.

On the basis of his U.S. military pilot designation, the petitioner may have been eligible to obtain a commercial pilot certificate while on active flying status if he had been assigned to a U.S. military unit as a pilot with flight duties other than receiving flight training. Since Mr. Epifanio was only receiving pilot training with the U.S. Navy, he is not eligible to receive an FAA airman certificate based on military competency, and is subject to the requirements prescribed in p art 61 for the certificate or rating sought.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption would not be in the public interest. Therefore, pursuant to the auth ority contained in 49 U.S.C. §§ 106(f), 40113

and 44701, delegated to me by the Administrator, the petition of Mr. Marco Epifanio for an exemption from 14 CFR § 61

. 73(c) is hereby denied.

Issued in Washington, D

. C

. , on April 6 , 2016

. .

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John S. Duncan Director, Flight Standard Services