AFS

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- E February 18, 2014

Exemption No. 10939 Regulatory Docket No. FAA

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Mr. Marc Anderson

General Counsel

Teamsters Local Union No. 357 6100 Clarks Creek Road, Suite 100

Plainf ield, IN 46168

Dear Mr. Anderson :

This letter is to inform you that the Federal Aviation Administration ( FAA ) has granted your request for e xemption from 14 CFR § 61.39(b). This document explains the basis for our decision, describes its effect, and lis ts the conditions and limitations, including the date it ends.

The Basis for Our Decision

By letter dated October 14 , 2013, you petitioned the FAA on behalf of Teamsters Local Union

No. 357 ( TLUN 357 ) for an amendment to Exemption No. 10783

. H owever, the FAA has

construed the request as a new petition for exemption due to changes to the regulations that were part of the Pilot Certi fication and Qual ification Requirements for Air Carrier Operations final rule issued on July 15, 2013 (78 FR 42324). 1 Sect ion 61.39(b)(2) permits an applicant for an airline transport pilot certificate with an airplane category multiengine class rating or airline transport pilot certificate with an airplane type rating to 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

1 In anticipation of the impending statu tory requirement for all pilots in part 121 operations to hold an ATP certificate by August 2, 2013, TLUN 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 tak e the practical test with an expired knowledge test . The FAA granted the exemption o n June 25, 2013 in Docket No. FAA

2013

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. F ormer § 61.39(b) only permitted pilots who had completed an air carrier’s pilot in command training program to take the practi cal test with an expired knowledge test.2

time of the practical test and has satisfactorily accomplished the certific ate holder’s approved initial training program.

The FAA has determined that good cause exists for not publishing a summary of the petition on

the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to TLUN 357

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10930 (copy enclosed), the FAA

found that a grant of exempt ion 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

ope ration in which the pilot will be serving. The FAA feels 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.

Ha ving reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 10930 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exe mption No. 10930 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

The FAA has determined that u nder the terms of this exemption, a pilot who passed the knowledge test prior to August 1, 2014, may co ntinue 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. Under t he authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me

, Teamsters Local Union No. 357 is granted an exemption from the date restriction in § 61.39(b) to the extent necessary to allow pilots serving

i n part 121 operations to take the practical test for an ATP certificate with an expired knowledge

test

, subject to the conditions and limitations described below

.

Conditions and Limitations

1. Pilot s must meet the eligibility requirements for ATP certifica tion in § 61.153, the

applicable flight proficiency requirements in § 61.157, and the aeronautical experience requirements in § 61.159 or § 61.160

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

, cannot be used to apply for th e practical test after July 31, 2014 under this exemption.

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

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service