Exemption 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 

AFS-12-351-E 
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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 .