AFS-16-2024-E January 28, 2016

Exemption No. 5400L Regulatory Docket No. FAA-2001-10676

Mr. Jeffrey A. Miller Managing Director—Flight Operations

Airlines for America 1301 Pennsylvania Avenue, NW

Suite 1100 Washington, DC 20004

Dear Mr. Miller:

This letter is to inform you that we have granted your petition to extend Exemption No. 5400, as amended. It explains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated October 3, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Airlines for America (A4A) for an extension of Exemption No. 5400, as amended. That exemption from part 121, A ppendix H, Level C Training and Checking Permitted, subparagraphs 2b, 3b, and 3c allows member airlines of A4A to use Level C simulators for pilot in command (PIC) initial and upgrade training and checking and reduces the upgrade/transition pilot experience requirements of part 121, Appendix H.

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 A4A.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5400, as amended, remains valid with respect to this exemption. However, the FAA notes that the Pilot Certification and Qualification Requirements for Air Carrier Operations final rule was published on July 15, 2013. This rule established a new requirement in § 121.436(b) for second in command (SIC) pilots serving in part 121 operations to hold an Airline Transport Pilot certificate and an appropriate aircraft type rating for the aircraft being flown. Therefore, a pilot upgrading from SIC to PIC will already hol d the certificates and ratings required to be PIC. As a result, the FAA has amended condition 1 to remove the reference to the “certification check required by § 61.157” because that check is no longer applicable to a pilot completing upgrade training from SIC to PIC.

In consideration of the foregoing, I find that a grant 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 delegated to me, Airlines for America is granted an amendment and extension to its exemption from part 121, Appendix H, Level C Training and Checking Permitted, subparagraphs 2b, 3b, and 3c that allows member airlines of A4A to use Level C simulators for PIC initial and upgrade training and checking and reduces the upgrade/transition pilot experience requirements of part 121, Appendix H, subject to the following conditions and limitations.

Conditions and Limitations

1. Upgrade training when the pilot—

a. Has previously qualified as second in command (SIC) in the type airplane to which the pilot is upgrading; and

b. Is currently serving as SIC with that operator in an airplane in the same group as the type airplane to which the pilot is upgrading.

2. Initial training and certification check required by § 61.157, when the pilot—

a. Is employed by an airplane operator;

b. Is currently serving as SIC with that operator in an airplane of the same group;

and

c. Has a minimum of 500 flight-hours as SIC in airplanes of the same group with that operator.3

The Effect of Our Decision

This exemption terminates on January 31, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service