AFS-14-520-E

October 29, 2014

 Exemption No. 9770D

 Regulatory Docket No. FAA-2007-0383

Mr. Jeffrey A. Miller

Vice President, Operations

Ameriflight, LLC

4700 Empire Avenue, Hangar One

Burbank, CA 91505

Dear Mr. Miller:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9770. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations.

The Basis for Our Decision

By letter dated September 9, 2014, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Ameriflight, LLC (Ameriflight) for an extension of Exemption No. 9770, as 

amended. That exemption from § 61.51(f)(2) of Title 14, Code of Federal Regulations allows

Ameriflight to assign a second in command (SIC) during a flight that otherwise does not 

require an SIC and to also allow the SIC to log that flight time.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

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

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Ameriflight.
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Our Decision

The FAA reviewed Ameriflight’s letter dated February 7, 2013, which requested that the FAA 

remove Conditions and Limitations Nos. 1 and 3 from Exemption No. 9770B. The FAA

responded to the request, as well as the information provided by commenters, in Exemption 

No. 9770C. In the response, the FAA determined the circumstances presented by the 

petitioner did not justify a grant of exemption and the petitioner did not elaborate on how the 

removal of Condition and Limitation Nos. 1 and 3 would be in the public interest. 

The FAA has determined that the justification for the issuance of Exemption No. 9770, as 

amended, remains valid with respect to this exemption and 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 delegated to me, I grant Ameriflight, LLC this exemption, with no change

to the condition and limitations, to assign a second in command (SIC) during a flight that 

otherwise does not require an SIC and to also allow the SIC to log that flight time, subject to 

the conditions and limitations described below. 

Conditions and Limitations

1. Any flight time logged as second in command (SIC) flight time under this exemption 

may not be used to otherwise gain an additional rating or certificate as prescribed in 

part 61, to include an airline transport pilot (ATP) certificate. 

2. SIC pilots assigned to a flight under this exemption may only log SIC flight time, even 

if such pilot is operating the aircraft as the sole manipulator of the flight controls 

(i.e. the assigned SIC may not log pilot in command (PIC) flight time while exercising 

the privileges outlined in this exemption).

3. SIC flight time gained under this exemption may only be used for the purposes of 

upgrading from an SIC to PIC in part 135 operations.

4. Any SIC flight time gained under this exemption must be documented in the pilot’s 

logbook as SIC flight time gained under this exemption. 

5. The SIC must hold a commercial pilot certificate with appropriate category, class, and 

instrument rating, if applicable, as set forth in § 135.245(a) or (b).

6. The SIC must meet the minimum regulatory flight hour requirement for the type of 

operation to be conducted.

7. The PIC and SIC assigned to the flight must meet the 75-hour crew pairing 

requirements as set forth in § 135.4 for any flights conducted under the eligible 

on-demand regulations.
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8. The SIC must have completed the certificate holder’s approved SIC training program, 

to include, 3 hours of crew resource management (CRM) training. One hour of the 

required CRM training can be accomplished in conjunction with other approved flight 

training curricula.

9. The SIC ground and flight duties must be outlined in the certificate holder’s general 

operations manual and applicable aircraft standard operating procedures manuals.

10. The SIC has completed any other part 135 pilot training required for two-pilot crews 

necessary to conduct operations consistent with the certificate holder’s operations 

specifications.

11. The air carrier will maintain, at the principal base of operations (or location agreed to 

by the principal operations inspector), a current list of SICs conducting flights under 

the provisions of this exemption. 

12. Once the SIC has transitioned to an aircraft requiring two pilots by type certificate, 

upgraded to PIC, or is no longer employed with the air carrier, he or she may be 

removed from the air carrier’s SIC exemption list. 

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9770, as amended, to 

October 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service