AFS-13-550-E

Exemption No. 11061

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

ELITE SIMULATION SOLUTIONS Regulatory Docket No. FAA-2013-0818

for an exemption from § 61.65(i) and 

part 141 appendix C, section 4.(b)(3) 

of Title 14,

Code of Federal Regulations (14 CFR)

 

GRANT OF EXEMPTION

By letter dated September 20, 2013, Mr. John Dixon of ELITE Simulation Solutions 

(ELITE), 5700 Dot Com Court, Suite 1010, Oviedo, FL 32765, petitioned the Federal 

Aviation Administration (FAA) on behalf of ELITE for an exemption from § 61.65(i) of 

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

allow ELITE simulation devices, approved as Advanced Aviation Training Devices (AATDs),

up to 20 hours of creditable time towards the total instrument aeronautical experience 

requirements for the instrument rating certification under part 61. 

As part of our response we will consider relief from applicable requirements of part 141, 

Appendix C for any training in Aviation Training Devices (ATD’s) that would lead to an 

instrument rating. 

The petitioner requests relief from the following regulation:

Section § 61.65(i) prescribes requirements for use of an aviation training device. 

Specifically, a maximum of 10 hours of instrument time received in an aviation training 

device may be credited for the instrument time requirements of this section if—

(1) The device is approved and authorized by the FAA;

(2) An authorized instructor provides the instrument time in the device;
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(3) No more than 10 hours of instrument time in a flight simulator or flight training 

device was credited for the instrument time requirements of this section;

(4) A view-limiting device was worn by the applicant when logging instrument time in 

the device; and

(5) The FAA approved the instrument training and instrument tasks performed in the 

device.

The petitioner also requires relief from the following regulation:

Part 141, Appendix C, section 4.(b)(3) prescribes that credit for training in a flight 

training device that meets the requirements of § 141.41(b) cannot exceed 40 percent of 

the total flight training hour requirements of the course or of this section, whichever is 

less.

The petitioner supports its request with the following information:

The petitioner states since 2003, ELITE has received nine Letters of Approval (LOA) for nine

AATDs. Three of these nine LOAs were issued since 2009. Each LOA authorized 20 hours 

of instrument time credit under §§ 61.65(e)(2) and 61.65(h)(2). ATDs, since established in 

2003, are the defacto replacement for discontinued level 3 flight training devices.

ELITE notes the latest three LOAs issued in August and September 2013 reference § 61.65(i) 

for the amount of instrument experience that can be credited toward the aeronautical 

experience requirements for an instrument rating. The petitioner states these LOAs reduce 

authorized instrument flight flying credits of all “ATDs” to 10 hours.

ELITE also points out that § 61.65(i) makes a general reference of ATDs and does not make 

the distinction between a Basic ATD and Advanced ATD as defined in Advisory Circular 

(AC) 61-136. This AC indicates a greater allowance for time acquired in an AATD that can 

be credited toward an instrument rating.

ELITE states a grant of exemption is in the public interest as it will reduce the cost of aviation 

training. The reduction in the maximum creditable time that can be obtained in an AATD 

makes training for an instrument rating more expensive without improving the quality of the 

training. ELITE states the public as a whole benefits when the efficiency of pilot training is 

improved through cost reductions. The cost differential between use of an AATD and a flight 

training device (FTD) or an aircraft is substantial due to the more stringent certification 

requirements of the FTD and the high cost of operating an airplane. ELITE explains that 

reducing the creditable use of the AATD from 20 hours to 10 hours is inconsistent with

lowering training costs and improved safety, proficiency, efficiency and effectiveness.
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ELITE contends that “the aviation industry is facing significant challenges related to training 

due to the 1500 hour rule, impending pilot retirements, overall shortage of well-trained pilots 

and crews.” Further, ELITE states the economy overall has been struggling for several years

with the small business aviation training industry bearing a disproportionate share. Aviation 

training is expensive and the reduction in creditable AATD hours will make business viability 

more difficult for manufacturers and training organizations using the AATD.

ELITE states that its AATDs have been in use at the ‘20 creditable hour level’ for many years 

(since first approved by AFS-800) with positive results, and the associated cost savings to the 

public through the pilots who have trained using the AATD. ELITE states the decade of 

AATD use represents thousands of credit hours for thousands of students and that many of 

these students are now professional pilots. 

ELITE states that training completed in an AATD using the 20 hour criteria has inherently 

less risk than the same 20 hours training completed in an aircraft, and that the AATD has 

shown to be safe when used within the confines of approval by AFS-800. Conversely, the use 

of the AATD with the 20 creditable hour allowance has not shown to have any unsafe effect 

on the issuance of the instrument rating.

Since 2003, the AATD has been authorized up to 20 hours maximum of creditable time 

toward the instrument training requirements. There have been no documented incidents or 

accidents attributed to the use of the AATD for 20 hours during training for the instrument 

rating. ELITE states that training toward an instrument rating completed in an AATD 

provides a level of task challenge and learning equal to or better than the same training 

provided in an aircraft, yet the training environment is a lower risk than the same training 

provided in an aircraft.

ELITE explains that the technology embedded in the AATD has improved continuously since 

the AATD was first approved. The currently manufactured AATD exhibits highly advanced 

capability and a high degree of fidelity between the AATD and a similar training aircraft. 

Transfer of learning for tasks learned in an AATD is very high and for most instrument tasks 

can be applied directly to flying an airplane under instrument conditions.

A summary of the petition was published in the Federal Register on November 4, 2013 

(78 FR 66099) and received no comments.

The FAA’s analysis is as follows:

The FAA has fully considered the petitioner’s supporting information and determined the 

relief requested is in the public interest and provides an equivalent level of safety.

The FAA finds it in the public interest to extend the maximum credit for time allowed in the 

ELITE AATD Models PI-1000, RC-1000, & MH-350 towards the minimum pilot certification 

requirements for the instrument rating. LOAs issued prior to August 22, 2013 to ELITE and 
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other manufacturers allowed for up to 20 hours of time obtained in an AATD to be credited 

toward the aeronautical experience requirements of an instrument rating. ELITE’s LOAs

dated August 22, 2013 (PI-1000, RC-1000) and August 27, 2013 (MH-350) reflected a change 

in the policy on the maximum time allowed to be credited toward an instrument rating. 

ELITE initially submitted authorization requests for these devices on March 21, 2013.

During the review of the ELITE AATD Models P1-1000, RC-1000, & MH-350, the FAA 

determined that the FAA may not use LOAs as a means to exceed express limits that have 

been placed in the regulations through notice and comment rulemaking. At that time, the 

FAA determined that any LOAs for devices not previously evaluated by the FAA and issued 

after August 22, 2013 should reflect the express regulatory limits. Prior the issuance of the 

LOAs on August 22, 2013, ELITE would not have been aware of the change in policy.

Therefore, the FAA finds it reasonable that ELITE would expect the same credit allowances 

for pilot certification for the PI-1000, RC-1000 & MH-350 AATD Models provided in 

previous LOAs for the instrument rating.

On January 2, 2014 the FAA published in the Federal Register a Notice of Policy Change for 

the Use of FAA Approved Training Devices (79 FR 20, January 2, 2014), which explained 

the reason for the change in policy. The policy notice states that in 2009 the FAA issued a 

final rule (74 FR 42500, August 21, 2009) that placed express limits on the amount of 

instrument training in an ATD that could be credited toward the aeronautical experience 

requirements for an instrument rating. Per § 61.65(i), no more than 10 hours of instrument 

time received in an ATD may be credited toward instrument time requirements of that section. 

In parallel, part 141 Appendix C states that credit for instrument training in an ATD cannot 

exceed 10 percent of the total flight training hour requirements of an approved instrument 

course.

Manufacturers and operators that were issued LOAs prior to August 22, 2013 have acted in 

reliance on FAA statements contained in those LOAs that were inconsistent with the 

regulations. Therefore, through the Notice issued January 2, 2014, the FAA has granted a 

limited exemption from § 61.65(i) and part 141 Appendix C. This relief provided

manufacturers, operators, and pilots (currently training for an instrument rating) time to adjust 

to the reduction in hours that can be credited toward the instrument rating. 

The FAA notes that a designated pilot examiner or other certifying official will evaluate 

minimum proficiency standards during the practical test. The practical test, which is 

standardized through the practical test standards, will ensure the instrument rating applicant 

can operate at the same level of safety in the national airspace system as compared to an 

applicant that is not utilizing relief provided by this exemption.

This relief from the maximum time allowed under § 61.65(i) that can be credited toward an 

instrument rating is granted only to those aviation training devices that were submitted for 

evaluation or approval prior to the policy notice published January 2, 2014. This is reflected 
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in condition/limitation #1. The duration of this exemption will be the same as provided in the 

notice and will terminate on December 31, 2014.

A copy of this exemption must be kept near the ATD and a copy made available to any person 

using the device for credit. This is reflected in condition/limitation # 2. This document must 

also be presented to a designated pilot examiner or aviation safety inspector during a practical 

test when using the provisions of this exemption for pilot certification. This is reflected in 

condition/limitation #3.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption meets an equivalent level of 

safety and is in the public interest. Therefore, pursuant to the authority contained in

49 U.S.C. §§ 106(f), 40113, 44701, and 44703, delegated to me by the Administrator, ELITE 

Simulation Solutions (ELITE) is granted an exemption from 14 CFR § 61.65(i) to the extent 

necessary to allow instrument rating applicants to credit up to 20 hours of experience, 

acquired in the specified ELITE devices, toward the aeronautical experience requirements of 

the instrument rating. In addition, relief from 14 CFR part 141 Appendix C, section 4.(b)(3)

is granted to the extent necessary to allow instrument rating applicants to credit up to 

40 percent of the approved training course, acquired in the specified ELITE devices, toward 

the aeronautical experience requirements of the instrument rating. This is subject to the 

conditions and limitations listed below:

Conditions and Limitations 

1. This only applies to ELITE Simulation Solutions PI-1000, RC-1000 & 

MH-350 Model devices that were FAA approved as Advanced Aviation 

Training Devices (AATD.)

2. A copy of this exemption must be readily available in a location near the 

ELITE PI-1000, RC-1000 & MH-350 Model AATDs when in use.

3. ELITE or the operator of the device must make a copy of this exemption 

available to any person using the device to obtain time to be credited toward 

the aeronautical experience requirements for an instrument rating. 

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

Issued in Washington, D.C., on September 23, 2014.

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service