Exem ption 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 Ae roservice 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. Subsequen tly, Aeroservice wishes to provide flight training using a full flight simulator that rep licates 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-E2

The FAA finds that Aeroservice has not re quested 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 appr oval. 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 44701,3

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 .