### Exem ption No. 10556

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

REGIONAL AIRLINE

ASSOCIATION Regulatory Docket No. FAA-2012-0506

for an exemption from §§ 61.39(a)(1) and (b)(1)(i) and 61.157(b) and (c) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated May 2, 2012, Ms. Stacey Bechdolt, Director, Safety & Technical Affairs for the Regional Airline Association (RAA), 2025 M Street, NW, Washington, DC 20036 petitioned the Federal Aviation Administration (FAA) on behalf of RAA and its part 121 air carrier members for exemption from §§ 61.39(a)(1) and (b)(l)(i) and 61.157(b) and (c) of Title 14 of the Code of Federal Regulations (14 CFR). The exemption, if granted, would allow a second in command (SIC) to use an expired knowledge test when applying for the practical test for an airline transport pilot (ATP) certificate or a type rating completed concurrently with an ATP certificate after successful completion of an approved part 121 SIC training program. The exemption would also allow completion of a part 121 air carrier's approved SIC qualification training program to satisfy the training and endorsement requirements in § 61.157(b).



### The petitioner requires relief from the following regulations:

Sections 61.39(a)(1) requires an applicant for a practical test for a certificate or rating pass the required knowledge test within the 24-calendar-month period preceding the month the applicant completes the practical test.

Section 61.39(b)(1)(i) permits an applicant to take the practical test for an ATP certificate or additional rating on an ATP certificate with an expired knowledge test if the applicant is employed as a flightcrew member by a certificate holder under part 121, 125, or 135 at the time of the practical test and has satisfactorily accomplished that operator's approved "pilot in command



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aircraft qualification training program that is appropriate to the certificate or rating sought," and qualification training requirements appropriate to the certificate or rating sought.

Section 61.157(b) sets forth the training and endorsement requirements for a person applying for an aircraft type rating to be added to an ATP certificate or for an aircraft type rating to be obtained concurrently with an ATP certificate.

Section 61.157(c) directs that a person employed by a certificate holder operating under part 121 or part 135 does not need to satisfy the training and endorsement requirements in § 61.157(b) if the applicant presents a training record that shows completion of that certificate holder's approved "pilot in command training program for the aircraft type rating."



### The petitioner supports its request with the following information:

The petitioner states that the Airline Safety and Federal Aviation Administration Extension Act of 2010 (the "Act") requires all pilots serving in part 121 air carrier operations to hold an ATP certificate by August 2, 2013. The petitioner notes that, due to the number of SICs who currently hold only commercial pilot certificates and the training requirements associated with ATP certification, the exemption is necessary to ensure compliance by the statutory deadline. RAA requests that pilots who complete an approved part 121 SIC training program should be permitted to use the exceptions in §§ 61.39(b) and 61.157(c) when applying for an ATP certificate or ATP certificate with a type rating. RAA acknowledges that SICs must successfully complete the air carrier's approved pilot in command (PIC) training program before serving as a PIC in part 121 operations.



### RAA requests that the exemption be expeditiously granted because delay would result in a hardship to part 121 air carriers and their customers.

The FAA's analysis is as follows:

The FAA has considered the petitioner’s request and supporting materials and finds that a grant of exemption would be in the public interest and would provide a level of safety equivalent to that provided by the current regulations. The FAA has also determined that good cause exists for waiving the requirement for publication in the Federal Register because any delay in acting on this petition would create an undue burden on RAA's part 121 air carrier members and their

customers.

The FAA finds that approved part 121 SIC training programs provide extensive training specific to the aircraft type and the part 121 operation in which the pilot will be serving. Allowing SICs to utilize the exceptions in § 61.39(b)(1) and § 61.157(c) after successfully completing an air carrier's approved SIC training program will minimize the burden on part 121 certificate holders as they prepare to schedule the training hours and certification activities required to provide ATP certification to the large number of first officers who currently hold commercial pilot certificates. This exemption serves the public interest as it will allow carriers to certificate their SICs in advance of the August 2013 deadline set forth in Public Law 111-216 without disruption of service or a compromise to safety.

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The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption would be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Regional Airline Association is granted an exemption from §§ 61.39(a)(1) and (b(1)(i) and 61.157(b) and (c) to the extent necessary to allow an SIC to use an expired knowledge test when applying for the practical test for an ATP certificate or a type rating completed concurrently with an ATP certificate after successful completion of an approved part 121 SIC training program. The exemption would also allow completion of a part 121 air carrier's approved SIC qualification training program to satisfy the training and endorsement requirements in § 61.157(b), subject to the following conditions and limitations.

Conditions and Limitations

1. SICs must meet the eligibility requirements for ATP certification in § 61.153, the applicable flight proficiency requirements in § 61.157, and the aeronautical experience requirements in § 61.159.

2. SICs must successfully pass a proficiency check conducted by an Aircrew Program Designee for the air carrier, a Training Center Evaluator authorized to conduct ATP certification for the air carrier through a check pilot authorization, or an FAA inspector in accordance with the provisions of § 61.157(f) and § 61.71(b). Under an Advanced Qualification Program (AQP), SICs must meet the certification requirements identified in § 121.919 as approved within the specific air carrier's AQP.

3. The approved SIC training program must include training on any tasks and maneuvers required for ATP certification for which the SIC has not previously received flight training in new hire, initial, transition, or recurrent training, or, under AQP, Indoctrination, Qualification, or Continuing Qualification.



### This exemption terminates on June 30, 2014, unless sooner superseded or rescinded.

Issued in Washington, D.C., on June 8, 2012.

/s/

John S. Duncan Deputy Director, Flight Standards

Service .