AFS

- 1 5

- 532

- E Exemption No. 16837

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

GAMA CHARTERS, INC. Regulatory Docket No. FAA

- 20 1 5

- 0267

for an exemption from § 135. 247 of Title 14, Code of Federal Regulations

DENIAL OF EXEMPTION

By letter dated January 22, 2015 , Mr. Thoma s H. Miller

, Manager

, Gama Charters , Inc. ( Gama ), 700 Great Meadow Road

, Standford

, Connecticut 06497 petitioned the Federal Aviation Administration (FAA) on behalf of Gama for an exemption from § 135. 247 of

Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would

allow Gama to meet pilot in command recency of experience requirements through complia nce with § 135.247(a)(3)(i) or (ii) in an aircraft that is not type certificated for more than one pilot flight crew member.

T he petitioner requests relief from the following regulation:

Section 135. 247 prescribes, in pertinent part:

(a) No certificate holder may use any person, nor may any person serve, as pilot in command of an aircraft carrying passengers unless, within the p receding 90 days, that person has

—

(1) Made three takeoffs and three landings as the sole manipulator of the flight

controls in an aircraft of the same category and class and, if a type rating is required, of the same type in which that person is to serve ; or

(2) For operation during the period beginning 1 hour after sunset and ending 1 hour before sunrise (as published in the Air Almanac), made three takeoffs and three2

landings during that period as the sole manipulator of the flight controls in an aircr aft

of the same category and class and, if a type rating is required, of the same type in which that person is to serve. A person who complies with paragraph (a)(2) of this section need not comply with paragraph (a)(1) of this section.

(3) Paragraph (a)(2 ) of this section does not apply to a pilot in command of a turbine

powered airplane that is type certificated for more than one pilot crewmember, provided that pilot has complied with the requirements of paragraph (a)(3)(i) or (ii) of

this section:

(i) T he pilot in command must hold at least a commercial pilot certificate with the appropriate category, class, and type rating for each airplane that is type certificated for

more than one pilot crewmember that the pilot seeks to operate under this alternativ e, and:

(A) That pilot must have logged at least 1,500 hours of aeronautical experience as a pilot;

(B) In each airplane that is type certificated for more than one pilot crewmember that the pilot seeks to operate under this alternative, that pilot must have accomplished and logged the daytime takeoff and landing recent flight experience of paragraph (a) of this section, as the sole manipulator of the flight controls;

(C) Within the preceding 90 days prior to the operation of that airplane that is type

c ertificated for more than one pilot crewmember, the pilot must have accomplished and logged at least 15 hours of flight time in the type of airplane that the pilot seeks to
operate under this alternative; and

(D) That pilot has accomplished and logged at least three takeoffs and three landings to a full stop, as the sole manipulator of the flight controls, in a turbine

- powered airplane that requires more than one pilot crewmember. The pilot must have performed

the takeoffs and landings during the period be ginning 1 hour after sunset and ending 1 hour before sunrise within the preceding 6 months prior to the month of the flight.

(ii) The pilot in command must hold at least a commercial pilot certificate with the appropriate category, class, and type rating for each airplane that is type certificated for

more than one pilot crewmember that the pilot seeks to operate under this alternative,

and:

(A) That pilot must have logged at least 1,500 hours of aeronautical experience as a pilot;3

(B) In each airplane t hat is type certificated for more than one pilot crewmember that the pilot seeks to operate under this alternative, that pilot must have accomplished and logged the daytime takeoff and landing recent flight experience of paragraph (a) of this section, as t he sole manipulator of the flight controls;

(C) Within the preceding 90 days prior to the operation of that airplane that is type

certificated for more than one pilot crewmember, the pilot must have accomplished and logged at least 15 hours of flight time in the type of airplane that the pilot seeks to
operate under this alternative; and

(D) Within the preceding 12 months prior to the month of the flight, the pilot must have completed a training program that is approved under part 142 of this chapter. The approved training program must have required and the pilot must have performed, at

least 6 takeoffs and 6 landings to a full stop as the sole manipulator of the controls in a flight simulator that is representative of a turbine

- powered airplane that requi res more than one pilot crewmember. The flight simulator’s visual system must have been adjusted to represent the period beginning 1 hour after sunset and ending 1 hour before

sunrise.

The petitioner supports its request with the following information:

Ga ma proposes to allow its pilots to meet ni ght currency requirements under § 135.247 (a)(3)(i) or (ii) in a Beechcraft BE300

- B300 type aircraft. The petitioner states that

the night currency alternative described in § 135.247 (a)(3)(i) or (ii) only applies to aircraft

certifi cated for more than one pilot crewmember . The petitioner expresses that it would like to use this night currency alternative for the BE300

- B300 even though this type aircraft is par t 23 commuter category certificated for operations with a crew of one pilot.

Gama states that it currently operates the Beechcraft BE300

- B300 aircraft typ e with two pilots at all times and that a ll of Gama's BE300

- B300 pilots hold Airline Transport Pilot (ATP) c ertificates. Further, the petitioner states that t he majority of its Beechcraft BE300

- B300 type aircraft pilots have a requirement for a s econd in c ommand limitation depicted on

their ATP c ertificates. Gama explains that it does not hold Operations Specification (OpSpec) A015, "autopilot authorized in li eu of second in command" privileges listing the BE300

- B300 type aircraft

. T hus it is required to operate the aircraft with a minimum of two pilots at all

times. Gama states that its BE300

- B300 pilots successfully complete simulator training in

level D BE3 00

- B300 simulators every six months.

Gama asserts that it can maintain an acceptable level of safety using two pilot operations of this single pilot certifi cated aircraft by exercising and adhering to the night

currency requirements depicted under the s ubject section's paragraphs (a)(3)(i) or (ii) for its

BE300

- B300 single pilot aircraft. The petitioner claims granting this request would be in the public interest and would not jeopardize public safety in any way.4

In support of this proposal, Gama submi tted the following comments:

1. Gama's principal base of operations is located at 700 Great Meadow Road Sikorsky Memorial Airport, Stratford, CT 06497. Gama holds Air Carrier Operating Certificate Number 02GA9701 and conducts air taxi and on demand

charter o perations under part 135.

2. Gama performs management and consulting services for private individuals and corporations who own aircraft (hereinafter referred to as Owners). In addition to operating these aircraft for their private use, these Owners have foun d it beneficial

to occasionally charter these aircraft to third parties. This is done under contract to

Gama and under the auspices of Gama's Air Carrier Operating Certificate.

3. Gama has operational control of the Owners' aircraft when these aircraft are b eing operated under the authority of the Air Carrier Operating Certificate in accordance

with part 135. The Owners have operational control of their respective aircraft

when said aircraft are being operated under the rules of part 91.

4. The demands of the c harter (air taxi) s ervice operated by Gama include operations

at night as well as during daylight hours.

5. Gama has been authorized by the FAA to conduct night operations under part 135

since 1983 through the authority of OpSpec A003. Gama has been safely

c onducting said night operations at all times since the issuance of said authority. In over 32 years of experience in the management of night aircraft operations under
part 135, Gama has never experienced a performance or safety issue. Gama has

instituted a n effective Safety Management System (SMS) used to identify and mitigate any and all risk in potentially unsafe operational conditions. This SMS has

been officially recognized by the following industry and governmental sources:

1) FAA SMS Pilot Program Le vel 3 ;
2) Air Charter Safety Foundation (ACSF) Level 3 ;

3) IS

- BAO Level 3 ;

4) IS0

- 9001

- 2008 Registered ;

5) ARG

- US Platinum Level ; and

6) Wyvem Recommended.

In regard to public interest, Gama state s that this exemption would permit it to respond to a growi ng demand for night operations and would permit its aircraft to be available to the general public

, which would not otherwise be available. The petitioner contends that by not extending the flexibility offered by the night currency alternative described in5

§ 135.247 (a)(3)(i) or (ii) to single pilot certified aircraft

, such as the BE300

- B300

, would impose an unre asonable burden to the operator. In supplemental information posted to the docket on July 24, 2015, Gama states that the exemption would allow it to operate with an enhanced level of safety, which would be in the public interest, for the following reasons:

1) Gama’s FAA Approved part 135 pilot training program does not require that any

of its simulator training be conducted in the night environment ;

2) The night environment for simulator training is a much more demanding and difficult setting to operate an aircraft in, especially when transitioning from instrument to visual conditions in the night environment ;

3) The subject petition would require our pilots t o successfully complete six (6)

t akeoffs and six (6) l andings to a full stop in a full motion simulator in the night environment every six (6) months as well as maintain standard 90 day takeoff and landing currency ;

4) Pilots operating to this standard must h ave logged at least 1,500 hours of aeronautical experience as a pilot ; and

5) Pilots operating to this standard must have accomplished and logged at least

15 hours of flight time within the preceding 90 days prior to the operation in the type of airplane desc ribed in this petition.

A summary of the petition was published in the Federal Register on March 25, 2015 ( 80 FR 15861 ). No comments were received.

The FAA's analysis is as follows:

The FAA finds that the issuance of an exemption to § 135(a)(3) wou ld be precedent setting. T he FAA has fully considered all of the petitioner’s supporting information and finds that a grant of exemption is not in the public interest and could adversely affect safety.

It is FAA policy

, as reflected in the regulations

, t hat certain safety standards are in place to ensure that those who participate in aviation are held to an appropriate level of safety. Therefore, when petitioning for relief from a regulation, the petitioner must demonstrate how a grant of exemption would not adversely impact safety and would maintain a level of safety equivalent to the rule. In addition, the petitioner must establish how a grant of exemption would benefit the public as a whole.

Section 135.247 contains the regulatory requirements for th e recency of experience for the pilot in command (PIC) of an aircraft carrying passengers. The regulation requires

, for the period beginning 1 hour after sunset and ending 1 hour before sunrise , the PIC ma k e three takeoffs and three landings during that p eriod as the sole manipulator of the flight controls in an aircraft of the same category and class and, if a type rating is required, of the same type in which that person is to serve. This regulation also contains two additional alternate means of6

complia nce that a pilot in command of a turbine

- powered airplane that is type certificated for more than one pilot crewmember can use to comply with the night takeoff and landing requirements of § 135.247 (a)(2)

. When these alternate means of compliance were added to the Regulation of Fractional Aircraft Ownership Programs and On

- Demand final rule (68 FR 54520) in September 2003

, the FAA noted in the preamble to the final rule that the requirements of § 135.247(a)(3) apply to airplanes that are type certificated fo r more than one pilot crewmember . This specifically exclude d utilizing the alternate means of compliance when only the operating rule require d more than one pilot crewmember

.

Gama contends that granting this exemption would permit it to respond to the gro wing demand for night operations and permit its aircraft to be available to the general public which

would otherwise not be available. The FAA finds that the current regulations do not prevent Gama from being available for night operations

. However , the FAA finds that the petitioner

has not provided a reason as to why Gama is unique in comparison to other operators who provide night operations while complying with the rule as written.

Gama also contends that there w ould be an enhancement to its curren t level of system safety, as summarized in items two through five of its supplement to the original exemption request. The FAA finds that there would not be an enhancement in safety above which is already provided in the current regulatory requirements. The FAA’s analysis of those items is

as follows:

1. Gama contends that t he night environment for simulator training is a much more demanding and difficult setting to operate an aircraft in, especially when transitioning

from instrument to visual cond itions i n the night environment. The FAA contends that, w ith respect to takeoff and landing operations, the operation of a simulator in the night environment is no more demanding than the actual night operation of the

aircraft. The current regulation § 135.247(a) (2) requires three takeoffs and three

l andings in the aircraft, and those can be conducted when transitioning from instrument to visual conditions. Furthermore, Gama is not requiring that those required landings be conducted while transitioning from instr ument to visual conditions in a simulator, so all the required landings could be conducted in visual

conditions in the simulator.

2. Gama stated if granted the exemption, it would comply with § 135.247 ( a )( 3 )( ii )( D)

, which requires a pilot , within the precedi ng 12 months, to accomplish six takeoffs and

six landings to a full stop as the sole manipulator of the controls in a flight simulator that is representative of a turbine

- powered airplane that requires more than one pilot

crewmember. However, the petitione r contends that there would be an enhanced level

of safety because its pilots would be required to complete six takeoffs and six landings

every 6 months

. Since Gama state s that it would comply with §135.247(a)(3)(ii)(D), which only requires six takeoffs an d six landings within the preceding 12 months in an

aircraft simulator , the FAA finds that this is not an enhanced level of safety as7

compared to the current regulatory requirement to accomplish three takeoffs and three landings in the aircraft within the preceding 90 days.

3. Gama states that there would be an enhanced level of safety because its pilots would be required to have logged 1500 hours of aeronautical experience as a pilot. Gama

state s in its petition that all of Gama's BE300

- B300 pilots hold Airl ine Transport Pilot (ATP) certificates

. The FAA finds no enhancement in the current level of safety

, since

Gama’s BE

- 300 pilots already meet the 1500 hour aeronautical experience requirement.

4. Gama also state s that requiring 15 hours of flight time in typ e in the preceding 90 days

would be an enhancement to its level of safety. The FAA finds that the 15 hour requirement, on its own merit, does not provide for an equivalent level of safety with regard to night takeoff and landing safety

. Furthermore, Gama did not provide

sufficient information to demonstrate that the 15 hour requirement actually would enhance safety above the level currently experienced at the carrier.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exempt ion would not provide an level of safety equal to that provided by the rule . Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, delegated to me by the Administrator, the Gama Charters, Inc. petition for an exemption fr om 14 CFR § 135.247 is denied.

Issued in Washington, DC, on June 15, 2016

.

/s/

John S. Duncan Director, Flight Standar ds Service