AFS-14-325-E

Exemption No. 11196

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of

 

US AVIATION GROUP, LLC d.b.a Regulatory Docket No. FAA-2014-0387

U.S. AVIATION ACADEMY

 

for an exemption from § 61.35(a)(2) and 

§ 61.156(b) of Title 14, Code of Federal 

Regulations 

DENIAL OF EXEMPTION

By letters dated June 10, 2014 and September 19, 2015, Mr. Ray Heyde, Vice President, U.S. 

Aviation Academy, 4850 Spartan Drive, Denton, TX 76207, petitioned the Federal Aviation 

Administration (FAA) on behalf of US Aviation Group, LLC (US Aviation) for an exemption 

from §§ 61.35(a)(2) and 61.156(b) of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption, if granted, would enable Chinese national citizens enrolled in the 

petitioner’s approved part 141 pilot school program to apply for the FAA airline transport 

pilot (ATP) multiengine airplane knowledge test, without completing the flight simulation 

training device (FSTD) requirements prescribed in § 61.156(b).

The petitioner requests relief from the following regulations:

Section 61.35(a)(2) states, in pertinent part, that, after July 31, 2014, an applicant who seeks 

to take the multiengine airplane ATP knowledge test must have a graduation certificate 

indicating completion of the ATP certification training program specified in § 61.156.

Section 61.156(b) states, in pertinent part, that the applicant for the knowledge test must 

receive at least 10 hours of training in a FSTD that represents a multiengine turbine airplane. 

The training must include at least 6 hours of training in a Level C or higher full flight 

simulator in the areas of low energy states/stalls, upset recovery techniques, and adverse 

weather conditions. The remaining training may be completed in a Level 4 or higher FSTD

and must include training in navigation and automation.

The petitioner supports its request with the following information:
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US Aviation only seeks an exemption for its Chinese national students enrolled in its FAA

and China approved training courses. US Aviation operates two main campuses as part 141 

pilot schools (certificates #U9FS750K and #W78S781I). Both locations are also individually 

approved by the CAAC acting on behalf of the Chinese government under the Chinese 

part 141 regulations (certificates #VR27R7 and #VR7R7). Operating on individual 

certificates, one campus is located in Denton, Texas and the second campus is located in 

Denison, Texas. The Denton campus also operates a satellite operation with the Tarrant 

County Community College at the Ft. Worth Alliance Airport. 

US Aviation states it has two courses which it believes cover the academic training both in 

content and in time required by § 61.156(a), and therefore, it does not need an exemption 

from these requirements. There is an ATP course and a Crew Resource Management

(CRM)/Turbine Transition course, which are approved part 141 courses in both the United 

States and China. All Chinese national students complete both of these courses. The ATP 

course is 40 hours of classroom instruction and the CRM/Turbine Transition course is

130 hours of classroom instruction.

US Aviation estimates it processes approximately 250 Chinese students through its two 

facilities annually. The Chinese national students are already employees of various Chinese 

part 121 airlines and are training in an “ab initio” type program in the United States. The

training begins in a single engine aircraft and ends with 20 hours of flight training in a turbine 

aircraft such as the Beechcraft King Air. US Aviation’s Chinese part 121 airline contracts 

require that each cadet receive an FAA-issued commercial pilot certificate in the airplane 

category with a multiengine class rating and an instrument rating. The contract also requires 

the cadet to pass the FAA ATP (part 121) knowledge test prior to graduation and returning to

China to continue training with their airline.

Prior to the Pilot Certification and Qualification Requirements for Air Carrier Operations final 

rule (78 FR 42324), flight training was not a prerequisite requirement for any FAA knowledge 

test. The petitioner states that with the publication of this final rule, after July 31, 2014, “all 

flight time and experience requirements” for the ATP certificate must be met before taking

the knowledge test.

US Aviation provided reference to two previous exemptions, only one of which it believes is 

similar because the grant, issued in 1966, allowed FAA approved courses to enable a pilot to

take a practical test prior to meeting the aeronautical experience requirements (Docket 7182; 

Exemption No. 568). The other was a denial (FAA-2011-0494), which it does not believe 

applies to their situation. The FAA denied a request for two individuals who did not meet the 

minimum age requirements to take the private pilot knowledge test.

To further support the petitioner’s request, US Aviation believes that safety will not be 

adversely affected and an equivalent level of safety will exist. The exemption would not affect 

flight in any way since a knowledge test does not allow any flight in and of itself. The

exemption request would establish formal authorization for US Aviation to conduct business 
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in a manner that is widely accepted and currently used by both the industry and FAA for all 

other knowledge tests except the ATP certificate. Allowing the knowledge test to be taken 

before the flight experience requirements are met is the standard for all other knowledge tests 

administered by the FAA. With only the knowledge test completed, a pilot still could not

serve as a crewmember at the ATP level.

A summary of the petition was published in the Federal Register on September 13, 2013

(78 FR 56768). The FAA received no comments. However, US Aviation did submit 

additional supporting information on September 19, 2014. US Aviation indicated that it will 

receive a new Level C simulator in the second quarter of 2015. The device will have dual 

certification as a Beechcraft King Air 350 and Beechcraft King Air C90A. The addition of the 

Level C full flight simulator will allow training in a turbine aircraft that replicates the training 

aircraft available in the FAA-approved flight training programs used in the Chinese training 

programs. However, even with this added device, US Aviation states it would still need an 

exemption to the regulations because the simulator does not replicate an aircraft that meets the 

weight requirement in § 61.156(b).

1 US Aviation does not believe that the training value is in 

the weight of the aircraft as much as it is in the avionics, systems, and level of training 

scenarios that can be conducted in such a device.

The FAA’s analysis is as follows:

The FAA has fully considered the petitioner’s supporting information and determined that the 

relief requested is not in the public interest and would adversely affect safety.

The FAA understands that about 250 students are sent to US Aviation for flight training by 

Chinese airlines annually. The Civil Aviation Administration of China (CAAC) requires these 

students acquire the FAA commercial pilot certificate in the airplane category with a 

multiengine class rating and an instrument rating. The CAAC also requires completion of the 

ATP knowledge test to meet the requirements of the Chinese airlines, though those students 

never intend on completing the practical test for the FAA ATP certificate. 

The new training requirements for the ATP certificate were published in the Pilot 

Certification and Qualification Requirements for Air Carrier Operations Final Rule on 

July 15, 2013. Section 61.156 provides the minimum training requirements for pilots seeking 

a multiengine airplane ATP certificate. Completion of this training is a prerequisite to taking 

the multiengine airplane knowledge test and is referred to as the ATP Certification Training 

Program (ATP CTP). The training consists of ground and flight simulation training device 

(FSTD) training. These requirements were created to address section 217 of the Airline Safety 

and Federal Aviation Administration Extension Act of 2010 (Public Law 111-216), which 

was signed into law by President Obama on August 1, 2010. Specifically, section 217 of the 

Act required the FAA to modify the requirements for an ATP certificate to prepare a pilot to 

function effectively in a multipilot (multicrew) environment, in adverse weather conditions, 

 1 Although the petitioner believes it would need an exemption from the weight requirement, § 61.156(c) provides 

the FAA with the authority to deviate from the weight requirement. That is the process that would apply.
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during high altitude operations, in an air carrier environment, and to adhere to the highest 

professional standards. It also added a requirement for sufficient flight time in difficult 

operational conditions that may be encountered by an air carrier to enable a pilot to operate 

safely in such conditions. Completion of the training is required prior to taking the ATP 

knowledge test for those applicants seeking an ATP certificate in the airplane category with a 

multiengine class rating because that is the certificate required to fly for an airline.

Completion of the ATP CTP is now required to be eligible to take the ATP multiengine 

knowledge test. This requirement was effective August 1, 2014. To the extent that the 

petitioner suggest its planned full flight simulator (FFS) may substitute for the ATP CTP 

training, the FAA must note that the FFS would not meet all the training objective of the 

certification training program. Only approved providers can deliver this training. A part 121, 

135, 141, or 142 certificate holder may provide the training. However, the certificate holder

must submit an ATP CTP to the FAA for approval in order to teach this specific course. The 

FAA developed Advisory Circular 61-138 to aid training providers in course development.

As described in the final rule (78 FR 42334), the ATP CTP must be a stand-alone course and 

cannot be combined with other courses of training. As a stand-alone course, the ground 

training cannot be provided separately from the FSTD training either. Other training that 

pilots may receive – ground or flight – does not count towards any of the requirements of 

§ 61.156. In addition, the FAA established qualification and training requirements for ATP 

CTP instructors. The FAA understands that the US Aviation part 141 approved training 

program that the Chinese nationals complete contains many of the elements required by 

§ 61.156, but it is not an approved course of training for the ATP CTP.

As a result of the new training requirements for the ATP certificate, the FAA has also 

modified the ATP knowledge test to incorporate new knowledge areas specific to air carrier 

operations and difficult operational conditions that will be addressed in the required training. 

Beginning August 1, 2014, the FAA now offers two ATP-airplane knowledge tests – a 

multiengine test (test code ATM) and a single-engine test (test code ATS). To take the 

multiengine airplane ATP knowledge test, a pilot will be required to present a graduation 

certificate from an approved training provider indicating completion of the training required 

by § 61.156. 

The FAA notes that there is no prerequisite training required for the single-engine airplane 

ATP knowledge test. A list of the reference materials used for the development of this test, as 

well as a description of the subject matter elements contained within the test, can be found in 

the Airline Transport Pilot, Aircraft Dispatcher, and Flight Navigator Knowledge Test Guide

(FAA-G-8082-1)2

.

 2 FAA Airman Knowledge Test Guides can be found at https://www.faa.gov/training_testing/testing/test_guides. 

The ‘Airline Transport Pilot, Aircraft Dispatcher, and Flight Navigator Knowledge Test Guide’ can be 

downloaded by selecting the appropriate link in the table on the web page. In the current guide, dated October 

2014, the references and associated specific subject matter for the ATS test begin on page 39. For comparison, 

the references and associated specific subject matter for the ATM begin on page 15.
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The FAA has determined that the additional training required for the multiengine airplane 

ATP certificate will better prepare a pilot for flying in the airline environment and will 

improve safety. The ATP CTP is the base upon which a pilot must build. As stated in the final 

rule, “the concepts in the course will apply to any pilot who flies a large turbine aircraft 

regardless of operating rule part and therefore has value to pilots flying outside of part 121” 

(78 FR 42335). Therefore, exempting pilots from training that improves safety is not in the 

public interest. 

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption would not be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 

44701, 44703 delegated to me by the Administrator, the petition of US Aviation Group, LLC 

for an exemption from 14 CFR §§ 61.35(a)(2) and 61.156(b) is hereby denied.

Issued in Washington, D.C., on March 5, 2015

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service