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, Appendix 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. 
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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 hold 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“certification check required by § 61.157” because that check is no longer applicable to a 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. 
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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