AFS-13-565-E

Exemption No. 10930

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

REGIONAL 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 amendment to Exemption 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 due 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 part 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 completed an air carrier’s approved SIC training program to take the practical test with an 

expired knowledge test. The FAA granted the exemption on June 8, 2012 in Docket No. FAA-2012-0506. 

Former § 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 test. 
2

The petitioner requests relief from the following regulation:

Section 61.39(b)(2) states an applicant for an ATP certificate 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 employed 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, 2014 unless sooner superseded or rescinded. On 

July 15, 2013, the FAA published the Pilot Certification and Qualification Requirements for 

Air Carrier Operations final rule which renumbered or removed certain regulations that impact 

this exemption. Therefore, 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 granted, 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 serving. 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 decided 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 

with 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 pilots 
3

serving in part 121 operations to take the practical test for an ATP certificate with an expired 

knowledge test, subject to the conditions and limitations listed below.

Conditions and Limitations

1. Pilots must meet the eligibility requirements for ATP certification in § 61.153, the 

applicable flight proficiency 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 this 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

Acting Deputy Director, Flight Standards Service