Exemption No. 10270 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

AEROSERVICE AVIATION 

CENTER Regulatory Docket No. FAA-2010-0528

for an exemption from § 61.45(a) 

of Title 14, Code of Federal 

Regulations 

 

DENIAL OF EXEMPTION 

 By letter dated May 14, 2011, Mr. Ray Barzana, Aeroservice Aviation Center, 

(Aeroservice), 3814 Curtiss Parkway, Virginia Gardens, Florida 33166, petitioned the Federal 

Aviation Administration (FAA) on behalf of Aeroservice for an exemption from the FAA’s 

Commercial Pilot Practical Test Standards for Airplane, FAA-S-8081-12B, dated August 

2002. The petitioner claims that the proposed exemption, if granted, would enable 

Aeroservice training center evaluators (TCE) to issue an initial commercial pilot certificate 

with an airplane multiengine land class rating and a B-737 type rating during a type rating 

practical test in a Level D flight simulator. 

The petitioner requests relief from the following regulation:

None 

The petitioner supports its request with the following information:

The petitioner (Aeroservice), a part 142 training center, indicates that trainees would 

obtain a private pilot certificate with instrument and airplane multiengine land class 

ratings at a part 141 pilot school. Subsequently, Aeroservice wishes to provide flight 

training using a full flight simulator that replicates B-737 aircraft. At the conclusion of 

this training, Aeroservice proposes to conduct a type rating practical test and, if the 

applicant successfully completes the test, issue a commercial pilot certificate with 

airplane multiengine land ratings along with a B-737 type rating. 

The FAA’s analysis is as follows: 

AFS-10-281-E 
2

The FAA finds that Aeroservice has not requested relief from any specific regulation. 

The FAA construes the instant petition as a request for Aeroservice’s trainees to be 

exempt from § 61.45(a) of Title 14, Code of Federal Regulations (14 CFR). That 

section requires an applicant for a certificate or rating to furnish an aircraft for each 

required test that is of the category, class, and type for the certificate or rating for 

which the applicant is applying unless the applicant is permitted to accomplish the 

entire flight increment of the practical test in a flight simulator or flight training device. 

Because the FAA has not approved all of the maneuvers required for the practical test 

for a commercial pilot certificate to be completed in a flight simulator or flight training 

device, an applicant must furnish an appropriate aircraft for the commercial pilot 

practical test. The Commercial Pilot Practical Test Standards for Airplane, August 

2002, Change 2 (dated 2/3/09), FAA-S-8081-12B, page 7, Aircraft and Equipment 

Required for the Practical Test, Item 4, states that the aircraft must: be a complex 

airplane furnished by the applicant, unless the applicant currently holds a commercial 

pilot certificate with a single-engine or multiengine class rating as appropriate, for the 

performance of takeoffs, landings, and appropriate emergency procedures. 

Congress has tasked the FAA to promote safe flight of civil aircraft by prescribing the 

minimum standards in the interest of safety. However, with regard to part 142 

curriculums, the FAA notes all of part 142 curriculums must follow policy 

requirements in order to receive approval. FAA Order 8900.1, Flight Standards 

Information Management System, volume 3, chapter 54, section 6, requires that a 

curriculum that provides training, testing, or checking to accomplish certification or 

proficiency requirements of part 61 must include all of the appropriate practical test 

standards (PTS) required maneuvers. The FAA believes this is an important standard, 

required of all training centers, and Aeroservice has not shown good cause or reason to 

be permitted to deviate from the standard. The Commercial Pilot Practical Test 

Standards indicate that all required maneuvers cannot be completed in a Level D flight 

simulator. 

We believe the current commercial practical test standards that prohibit the initial 

commercial multiengine check ride from being fully accomplished in a Level D full 

flight simulator are valid. We believe this restriction is important for safety of flight 

and should not be waived. Aeroservice has not demonstrated why granting its request 

for exemption would be in the public interest or would not adversely affect safety. 

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. §§ 40113 and 44701, 
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delegated to me by the Administrator, the petition of Aeroservice Aviation Center for an 

exemption from 14 CFR § 61.45(a) is hereby denied. 

Issued in Washington, D.C., on May 24, 2011. 

Raymond Towles 

Acting Director, Flight Standards 

 Service .