AFS-17-00019-E Exemption No. 17139

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

SIMCOM INTERNATIONAL, INC.

DBA SIMCOM AVIATION

TRAINING ORLANDO

For an exemption from § Part 91.9(a); Part 91.531(a)(1) and (2) of Title 14, Code of Federal Regulations Regulatory Docket No. FAA-2000-8527

GRANT OF EXEMPTION

By letter dated December 3, 2015, Mr. Michael Young, Director of Training Operations, SimCom International, Inc. dba SimCom Aviation Training Orlando (SimCom), 6989 Lee Vista Boulevard, Orlando, FL 32822 petitioned the Federal Aviation Administration (FAA) on behalf of SimCom for renewal and amendment to Exemption 7487, as amended. That exemption, from §§ 91.9(a) and 91.531(a)(1) and (2) of Title 14, Code of Federal Regulations (14 CFR), allows SimCom to train, test, a nd approve pilots (under its 14 CFR part 142 training center certificate, V 61X042K) to operate certain Ce ssna CE-500 series aircraft without a pilot who is designate d as second-in-command (SIC).

In your petition, you indicate simila r conditions and reasons relati ve to public interest and safety that were the basis for grantin g the exemption continue to exist.

SimCom also requested an amendment to Condition and Limitation No. 23, which limits operations to within the United States.

The petitioner requests relief from the following regulations:

Section Part 91.9(a) prescribes , in pertinent part, that no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings and placards, or as otherwise prescribed by the certificating aut hority of the country of registry.2

Section 91.531(a)(1) and (2) prescribes, in pertinent part, that no person may operate the following airplanes without a pilot w ho is designated as second in command of a large airplane, as well as a turbojet-powered multiengine airplane for which two pilots are required under the type certificati on requirements for that airplane.

The petitioner supports its request with the following information:

SimCom states that it seeks clarificati on and amendment to Condition and Limitation No. 23, that operations under this exemption are limited to operations within the United States. SimCom references the following FAA statement that “If SimCom TC (or any pilot authorized for single p ilot operation by SimCom TC) wishes to be able to operate under this exemption outside the United Stat es, it must make a request to the FAA in accordance with requirements of 14 CFR 11.83.” SimCom therefore specifically requests that single p ilot operations be authorized under the exemption, to include Canada, Mexico and the Commonwealth of th e Bahamas. SimCom further states that the basis for the request stems from customer requests that they ar e frequent operators to and from these countries, all of which are in close proximity to the United States.

SimCom also states that it has officially ch anged its name and has been issued a revised training certificate under the name SimCom International, Inc. dba SimCom Aviation Training Orlando effective October 23, 2015.

The FAA’s analysis is as follows:

The FAA granted SimCom a short term exemption (No. 7487N), which was valid until October 31, 2016, in order to further review your requested amendment of Condition and

Limitation No. 23 that would a llow single pilot operations unde r the terms of the exemption

outside the United States.

Although the requested extensi on and amendment of Exemption No. 7487, as amended, was submitted in a timely manner, that exemption expired on October 31, 2016. Therefore, we are issuing SimCom a new exemption, with amended conditions and limitations.

The FAA determined that it is reasonable to amend Condition and Limitation No. 23 to allow a pilot to operate the CE-500 as a single pi lot under the terms and conditions of this exemption outside the United States if the ai rplane operator obtains permission from the sovereign state. Consistent w ith § 11.83, the FAA has filed a di fference with the International Civil Aviation Organization (ICAO) because exer cise of this exemption outside the United

States is not be consis tent with ICAO standards. 1

1 Annex 6, chapter 9, 9.1 (composition of the flightcrew) states:

9.1.1 The number and composition of the flight crew shall not be less than that specified in the operations manual. The flight crews shall include flight crew members in addition to the minimum numbers specified in the3

Condition and Limitation No. 7a has also been am ended to include a Level C or D full flight

simulator use allowance in Condition and Limitation No. 7b.

Conditions and Limitations Nos. 9 and 10 liste d order has changed and includes a terminology change to reflect “full flight simu lator” instead of “simulator.”

The FAA’s Decision

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

In consideration of the foregoing, I find that a gr ant of exemption is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegate d to me, I grant SimCom International, Inc. dba SimCom Aviation Training Orlando (SimCom) an exemp tion, to allow SimCom to train, test, and approve pilots (under its 14 CFR part 142 trai ning center certificate, V61X042K) to operate

certain Cessna CE-500 series aircraft wit hout a pilot who is designated as second-incommand (SIC), subject to the conditions and lim itations listed below.

Conditions and Limitations

1. This exemption applies to pilots op erating Cessna Citation model 500, 550, S550, 552, and 560 airplanes who have successf ully completed SimCom’s approved single-pilot authorization course and co mplied with all of the terms of this exemption.

2. This exemption is effective for the co nduct of the required training and checking only if SimCom’s CE-500 single-pilot training program receives and maintains approval under part 142 from the FAA Flight Standards District Office (FSDO) that has jurisdictional authority over the SimCom ’s part 142 training center certificate.

3. This exemption is effective only if it is li sted in SimCom’s training specifications, paragraph A005.

4. Any flight operated using the privileges of this exemption may be conducted under part 91 only.

5. Each pilot conducting single-p ilot operations under the terms of this exemption

must—

flight manual or other documents associated with th e certificate of airworthines s, when necessitated by considerations related to the type of aeroplane used, th e type of operation involved and the duration of flight between points where flight crews are changed.4

a. Complete SimCom’s FAA-approved part 142 CE-500 single-pilot curriculum before conducting such operations;

b. Hold an airline transport pilot certif icate with a CE-500 type rating or a commercial pilot certificate with an airplane instru ment rating and CE-500 type rating before entering SimCom’s part 142 CE-500 single-pilot curriculum;

c. Have logged at least 1,000 hours of total pilot flight time, including at least 50 hours of night flight time; 75 hours of instrument flight time, 40 hours of

which are in actual instrument mete orological conditions; and 500 hours as pilot in command (PIC), SIC, or both, in turbine-powered airplanes;

d. Not perform any circling instrument appr oaches to minimums of less than 200 feet and 1 mile above the published minimums until after completing 100 hours of single-pilot flight experien ce in CE-500 series airplanes;

e. Not perform any straight-in instrument approaches to minimums of less than

100 feet and one-half statute mile visi bility above the published minimums until after completing 100 hours of single- pilot flight experience in CE-500 series airplanes;

f. Use a boom microphone; and

g. Use a fully functioning autopilot that is controllable about three axes and capable of approach coupling.

6. The CE-500 single-pilot initial authoriza tion and authorizatio n renewal curriculum

must include––

a. Ground instruction appropriate to the CE- 500 airplane given by a SimCom part 142 instructor (designated in accordance with SimCom’s approved procedures)

that covers at least the followi ng aeronautical knowledge areas:

i. Safe and efficient operation of airplanes;

ii. Weight and balance computations;

iii. Use of performance charts;

iv. Significance and effects of exceeding airplane performance limitations;

v. Principles and functions of airplane systems;

vi. Maneuvers, procedures, and emergency operations; and

vii. Night and high-altitude operations.5

b. Flight instruction appropri ate to the CE-500 airplane given by a SimCom part 142 instructor (designated in accordance with SimCom’s approved procedures) that covers at least the following areas of operation:

i. Preflight preparation;

ii. Preflight inspection and procedures;

iii. Taxiing;

iv. Normal and crosswind takeoffs and departures;

v. In-flight maneuvers including config uration changes, approaches to stalls, and steep turns;

vi. Simulated powerplant failure (actual powerplant failure if accomplished in a full flight simulator);

vii. Instrument procedures;

viii. Precision and nonprecision approaches;

ix. Missed approaches;

x. Landings and approaches to landings;

xi. Normal and crosswind landings;

xii. Landing with a simulated powerpl ant failure (actual powerplant failure if accomplished in a full flight simulator);

xiii. Normal and abnormal procedures;

xiv. Emergency procedures; and

xv. Post-flight procedures.

7. The instruction required in Condition No. 6b may be completed in an approved full flight simulator, qualified as––

a. A Level A, B, C, or D full flight simulator, provided the applicant satisfactorily accomplishes as part of the training program the following in-flight maneuvers and procedures as sole mani pulator of the controls in a CE-500 series airplane:

i. Exterior preflight inspection;

ii. Taxiing;

iii. Normal and crosswind takeoffs (minimum of three);

iv. Normal and crosswind approaches and landings (minimum of three);

v. Landing from a precision approach;

vi. Missed approach;

vii. Approach and landing with a si mulated powerplant failure;

viii. Normal approach and landing;

ix. Landing from a circling approach; and

x. Landing from a no flap or nonstandard flap approach; or

b. A Level C or D full flight simulator pr ovided the applicant has performed at least three takeoffs and three landings to a full stop as the sole manipulator of the flight controls in the CE-500 series airplane within the preceding 90 days.6

8. An applicant seeking to obtain or renew a single-pilot author ization under this exemption must––

a. Satisfactorily complete SimCom’s FAA-approved part 142 single-pilot curriculum;

b. Satisfactorily complete the curricul um’s required qualification module, consisting of a stand-alone proficienc y check in either a CE-500 series airplane, an appropriately qualified and approved full flight simulator, or a combination thereof;

c. Satisfactorily complete this proficiency check—

i. Within 30 days of comp leting the training; and

ii. Under the supervision of an appr opriately rated FAA inspector or SimCom training center evaluato r (TCE) who is qualified and authorized to conduct either § 61.58 proficiency checks or type rating practical tests in CE-500 series full fl ight simulators or airplanes, as appropriate.

d. Satisfactorily complete all tasks listed in the Airline Transport Pilot and Aircraft Type Rating Practical Test Sta ndards that are required for an initial CE-500 type rating; and

e. Satisfactorily perform all maneuvers and pr ocedures as a sing le pilot during the entire proficiency check. Training to proficiency during the check is not permitted, and failure of any maneuver will result in failure of the proficiency

check.

9. The circling approach requirement must be accomplished in an airplane or in a full flight simulator that is qualified and a pproved in SimCom’s training specifications for the circling approach task.

10. Until the circling approach task has been satisfactorily demonstrated in an airplane or in a full flight simulator qualified fo r the circling approach task to an FAA inspector or FAA-designated examiner––

a. The applicant’s records will be annotate d with the statement, “Demonstration of circling approach was not accomplished”; and

b. The applicant must not perform circling approaches as the PIC when weather

conditions are less than the weather minimums for visual flight rules.

11. A person who previously has received a single-pilot authorization in a Cessna Citation model 500, 550, S550, 552, or 560 airplane must complete SimCom’s7

FAA-approved part 142 single- pilot differences training course to obtain a singlepilot authorization for a diffe rent Cessna Citation model.

12. All flight training conducted in accordance with this exemption must be given by a flight instructor employed by SimCom who also meets the requirements of Condition and Limitation No. 5(a), (b ), and (c) of this exemption.

13. A person seeking to obtain a single-pilot au thorization must satisfactorily complete ground and flight training through SimCom ’s FAA-approved part 142 single-pilot curriculum and must receive training on the differences between the Cessna Citation model represented by the simulator used for training and checking and the Cessna Citation model for which single-pilot authorization is requested.

14. A single-pilot authorization will be valid for 12 calendar months. A person who renews a single-pilot authorization in the calendar month be fore or after the

calendar month in which it is due is cons idered to have renewed the single-pilot

authorization when due.

15. Successful completion of the proficiency check used in SimCom’s FAA-approved part 142 single-pilot initial authoriza tion and authorizati on renewal training

curriculum identified in Condition No. 8 sa tisfies the requirements of the PIC proficiency check required by 14 CFR § 61.58.

16. Each CE-500 series airplane operated under this exemption must have the following equipment inst alled and operational:

a. An autopilot with approach coupling capability;

b. A flight director system;

c. A boom microphone; and

d. A transponder “ident” switch on the pilot’s control wheel.

17. Each person must carry a copy of this exemption and a record from SimCom documenting compliance with its traini ng and checking conditions aboard the airplane when he or she is operati ng under the terms of this exemption.

18. Upon request, SimCom must provide any re presentative of the FAA Administrator with an analysis of training and checking operations conducted under this exemption with respect to program failu re rates, extra training time required, accident and incident data, and any known problem areas.8

19. SimCom must maintain records and make them available, when requested, to any representative of the FAA Administra tor. These records must include all information required by § 142.73 and—

a. The dates of training enrollment and comp letion for each trainee who enrolls in a SimCom single-pilot curriculum;

b. The name and number of additional tr aining hours needed by those applicant who requires more flight training than prescribed in the SimCom’s CE-500 single-pilot curriculum in order to pass th e initial authorization or authorization renewal;

c. The name of each pilot who failed to complete SimCom’s Cessna CE-500 single-pilot curriculum satisfactorily or withdrew from the course and the reason(s) for the withdrawal; and

d. The name, certificate number, and address of each person who is authorized to operate under this exemption.

20. No person may provide training nor ma y any person receive training while passengers are aboard any aircraft operat ing for the purpose of meeting the training or checking requirements of this exemption.

21. This exemption is valid only for aircraft configured for operation by a single pilot seated in the left pilot seat. The privileg es of this exemption are prohibited for any aircraft with the landing gear lever positioned anywhere to the right of the center of

the aircraft.

22. The approved training curriculum author ized by this exemption may not be conducted under any business name other th an SimCom International, Inc. dba SimCom Aviation Training Orlando.

23. This exemption is not valid for operations outside the United States, except when the operator receives authorization from th e appropriate civil av iation authority of the sovereign nation in which the operator intends to operate. SimCom must explain this obligation to any pilot who completes its approved single-pilot authorization course. A copy of this exemption must be provided to the sovereign nation upon request.

24. The FAA reserves the right to withdraw this grant of exemption at any time if the

Administrator determines that Si mCom has failed to adhere to the conditions and limitations of this exemption.9

This exemption terminates on November 30, 2018, unless sooner superseded or rescinded.

Issued in Washington, D.C., on November 14, 2016.

/s/

John S. Duncan Director, Flight Standards Service