May 21, 2012

Federal Aviation Administration

U.S. Department of Transportation, 

Docket Operations, West Building Ground Floor, 

Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590

Re: Petition for Exemption 

Dear Sir or Madam:

The Air Transport Association of America, Inc., dba Airlines for America, on 

behalf of member Part 121 air carriers, petitions pursuant to 14 CFR sections 11.61 and 

11.63 for an exemption from the regulatory requirements of 14 CFR sections 61.39(a) 

and (b) and 61.157(b) and (c) with regards to applicants for (i) an aircraft type rating to 

be added to an airline transport pilot certificate or (ii) a type rating to be concurrently 

completed with an airline transport pilot certificate. 

Currently, sections 61.39(b)(1)(i) and (ii) provide for an exception from the 

requirements of section 61.39(a)(1) insofar as it allows the use of an expired knowledge 

test so long as the applicant is an employee of a Part 121, 125, or 135 certificate holder 

and “has satisfactorily accomplished that operator’s approved pilot in command aircraft 

qualification training program and qualification training requirements for the certificate 

and rating sought.” See section 61.39(b). In addition, section 61.157(c) provides for an 

exception from the requirements of section 61.157(b). Thus, an aircraft type rating 

applicant is exempt from ground and flight training, as well as practical test, on the areas 

of operation under 61.157(e) so long as the applicant is an employee of a Part 121 or 135

certificate holder and “presents a training record that shows completion of the certificate 

holder’s approved pilot in command training program for the aircraft type rating.” See 

section 61.157(c). 

In contemplation of the fast-approaching August 2, 2013 deadline for compliance with 

the statutory requirement contained in the Airline Safety and Federal Aviation 

Administration Extension Act of 2010 (the “Act”) that all Part 121 flightcrew members 

must hold an ATP certificate, A4A requests that participants in an approved second in 

command training program also be able to take advantage of the exceptions in sections 

61.39(b) and 61.157(c) , upon presenting a training record showing completion of the 

certificate holder’s approved second in command training program for the aircraft type 

rating. As a condition for accepting this relief, A4A member air carriers will agree not to 
allow their SICs to operate as PICs under their new ATP certificate until they have 

completed the air carrier’s approved PIC training program. To the extent necessary to 

receive the benefits of the above-mentioned requests, A4A also seeks a parallel 

exemption under FAR 61.51. 

Approval of the exemption requested herein is in the public interest because it 

seeks to utilize existing regulatory exceptions to facilitate compliance with the statutory 

requirements of the Act and reduce unnecessary burdens. The FAA has acknowledged in 

Notice N8900.184 that delays in the ATP certification process of SICs “could pose 

significant challenges” to air carriers and the FAA itself due to the number of SICs who 

currently only hold a commercial pilot certificate and the training hours and certification 

activities required to provide ATP certification. Granting this narrowly tailored 

exemption request will provide an equivalent level of safety because it would extend safe, 

well-tested existing regulatory exceptions to participants in an approved second in 

command training program. This exemption would also facilitate carrier compliance

with the Act, reduce the burdens identified in Notice N8900.184, and alleviate some air 

carriers’ concerns about meeting the compliance deadline without compromising aviation 

safety. 

A4A respectfully requests that the exemption be granted expeditiously. A delay 

in granting this exemption would result in hardship to Part 121 air carriers and their 

customers inasmuch as otherwise qualified SICs would not be able to perform their 

duties, causing a loss of revenue to airlines that would ultimately affect the price of air 

transportation. 

Please do not hesitate to contact me if you have any questions or require 

additional information in order to act on this petition.

Respectfully submitted,

/S/

Paul W. Railsback

Director, Operations

Airlines for America

1301 Pennsylvania Avenue 

Suite 1100

Washington, DC 20004

(202) 626-4012

prailsback@airlines.org