AFS

- 13

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- E Exemption No. 10930

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

REGIONA L AIRLINE

ASSOCIATION Regulatory Docket No. FAA

- 2013

- 0841

for an exemption from § 61.39(b)(2) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated August 26, 3013

, Ms. Stacey Bechdolt

, Regional Airline Association ( RAA ), 2025 M Street, NW

. , Suite 800

, Washington, DC 20036

, petitioned the Federal Aviation Administration (FAA) on behalf of RAA for an am endment to E xemption No

. 10556

that provided relief from § 61.39(b)(2) of Title 14, Code of Federal Regulations (14 CFR).

Although RAA requested an amendment to Exemption No. 10556, the FAA has construed your request as a petition for a new exemption du e to changes to the regulations that were part

of the Pilot Certification and Qualification Requirements for Air Carrier Operations final rule issued July 15, 2013 (78 FR 42324). 1 The proposed exemption, if granted, would allow pilots serving in part 121 operations to take the practical test for an airline transport pilot certificate ( ATP ) certificate with an expired knowledge test.

1 In anticipation of the impending statutory requirement for all pilots in p art 121 operations to hold an ATP certificate by August 2, 2013, RAA petitioned the FAA for a grant of exemption for its members that would permit SICs who complete d an air carrier’s approved SIC training program to take the practical test with an expired knowledge test . The FAA granted the exemption o n June 8 , 201 2 in Docket No. FAA

- 2012

- 0506

. F ormer § 61.39(b) only permitted pilots who had completed an air carrier’s pilot in command training program to take the practical test with an expired knowledge tes t.2

The petitioner requests relief from the following regulation:

Section 61.39(b)(2) states an applicant for an ATP certificat e with an airplane category multiengine class rating or airline transport pilot certificate with an airplane type rating may take the practical test with an expired knowledge test if the applicant passed the knowledge test after July 31, 2014 and is employ ed as a flightcrew member by a part 119 certificate holder conducting operations under part 121 at the time of the practical test and has satisfactorily accomplished the certificate holder’s approved initial training program.

The petitioner supports its request with the following information:

The petitioner states that on June 8, 2012, the Federal Aviation Administration (FAA) granted Exemption No. 10556 in response to the RAA’s May 2, 2012 request for exemption. The exemption was granted until June 30, 2 014 unless sooner superseded or rescinded. On July 15, 2013, the FAA published the Pilot Certification and Qualification Requirements for Air Carrier Operations f inal r ule which renumbered or removed certain regulations that impact this exemption. Therefo re, RAA respectfully requests the FAA update Exemption No. 10556 to reflect the correct regulatory references

.

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if g ranted, would not set a precedent, and any delay in acting on this petition would be detrimental to RAA.

The FAA's analysis is as follows:

The FAA has considered the petitioner’s request and finds that a grant of exemption would be in the public interest and would provide a level of safety equivalent to that provided by current regulations. Approved part 121 training programs provide extensive ground and flight training specific to the aircraft type and the part 121 operation in which the pilot will be ser ving. The

FAA believes that the comprehensive nature of this training provides sufficient assurance that the pilot’s knowledge has been adequately checked prior to the certification evaluation for the

ATP certificate.

The FAA’s Decision

The FAA has deci ded under the terms of this exemption, a pilot who passed the knowledge test prior to August 1, 2014, may continue to use an expired knowledge test result when applying for the practical test for an ATP certificate or a type rating completed concurrently

w ith an ATP certificate after successful completion of an approved part 121 initial training

program.

In consideration of the foregoing, I find that a grant of exemption would be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, Regional Airline Association is granted an exemption from the date restriction in § 61.39(b) to the extent necessary to allow pilots3

serving in part 121 operations to take the practi cal test for an ATP certificate with an expired knowledge test, subject to the conditions and limitations listed below.

Conditions and Limitations

1. Pilot s must meet the eligibility requirements for ATP certification in § 61.153, the applicable flight prof iciency requirements in § 61.157, and the aeronautical experience requirements in § 61.159 or § 61.160

.

2. Any expired knowledge test results from tests taken before August 1, 2014

, cannot be

used to apply for the practical test after July 31, 2014 under th is exemption.

This exemption expires on July 31, 2014, unless sooner superseded or rescinded. This grant of exemption will not be extended or renewed.

Issued in Washington, DC , on February 4, 2014

.

/s/ John Barbagallo

Actin g Deputy Director, F light Stand ards Servi ce