AFS-10-037-E March 26, 2010 Exemption No. 10042 Regulatory Docket No. FAA-2009-1005

Mr. Ivan Lauthier Vice President, Training & Flight Operations ATR Training Centre

1 allée Pierre Nadot 31712 Blagnac Cedex, France

Dear Mr. Lauthier:

This letter is to inform you that we have denied your petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated October 19, 2009, you petitioned the Federal Aviation Administration (FAA) on behalf of ATR Training Centre (ATR) for an exemption from part 60 of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would permit ATR to operate an unqualified flight simulation training device (FSTD) for a period of 24 months for the purpose of training FAA-certificated pilots.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to ATR.

The FAA recently issued a denial of exemption in circumstances similar in all material respects to those presented in your petition. In Denial of Exemption No. 10015 (copy enclosed), the FAA found that a sponsor is a certificate holder who seeks or maintains FSTD qualification. The sponsor is responsible for the prescribed actions in part 60, the Qualification Performance Standards, and qualification level for the appropriate FSTD. An FSTD may not be used for FAA flight traini ng credit unless that FSTD has been qualified by the National Simulator Program (NSP) Manager, pursuant to a request from a sponsor. Part 60 is applicable to each person using or applying to use an FSTD to meet any requirement of part 60 or to a sponsor of an FSTD. A person is eligible to be a sponsor of an2

FSTD if the person holds, or is applying for, an air carrier or training center certificate under parts 119, 141, or 142 and the FSTD will be used in the sponsor’s FAA-approved flight training program.

The petitioner did not meet the applicability requirements of the regulation and is therefore not the appropriate party to petition for an exemption. While the FAA encourages a manufacturer to submit technical support for an exemption request made by a sponsor of an FSTD, the FAA does not grant exemptions from rules to anyone other than the affected operators. A significant part of the exemption process is the ability of the FAA to know at any time what FSTDs are being operated under an exemption and by whom. In no event would the FAA grant an exemption so broad as to include all models of an FSTD regardless of who is using or sponsoring it.

The FAA understands the petitioner’s concern that it will not be able to sell FSTDs that do not meet the requirements of 14 CFR part 60. However, the FAA cannot grant an exemption to part 60 to the petitioner, since it is not the regulated entity.

Having reviewed your reasons for requesting an exemption, I find that—

• they do not differ materially from those presented by the petitioner in the enclosed denial of exemption;

• the reasons stated by the FAA for denying the enclosed exemption also apply to the situation you present; and

• a grant of exemption would not be in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby deny the petition of ATR Training Centre for an exemption from 14 CFR part 60.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure