AFS

- 13

- 293

- E June 18, 2013

Exemption No. 9917B Regulatory Docket No. FAA

- 20 09

- 0373

Mr. Michael F. Riley Director VUE, Inc. 6956 E. Broad Street, Suite 239 Columbus, OH 43213

Dear M r. Riley :
This letter is to inform you that we have partially granted your petition to amend Exemption No. 9917 , as amended . It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decisi on By letter dated March 21, 2013 , you petitioned the Federal Aviation Administration (FAA) on behalf of VUE, Inc. (VUE) for an amendment to Exemption No. 9917 , as amended. That exemption from § § 91.9 (a) and 91.531 (a)(1) and (2) of Title 14, Code of Feder al Regulations allows VUE to train and check pilots of certain Cessna Citat ion airplanes covered by the CE

- 500 type rating to operate those airplanes with a single pilot, rather than with two as required by their type certificate data sheets.

The amendme nt you request would allow a Pilot Proficiency Examiner (PPE) to conduct the required practical tests for completion of the VUE CE

- 500 single

- pilot training programs.

The FAA has determined that good cause exists for not publishing a summary of the petiti on in the Federal Register because the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to VUE

.2

Our Decision

The FAA has determined that add ing an authorization to use a PPE for the flight checks identifi ed in Condition/Limitation Nos. 6 and 10 of Exemption No. 9917A does not meet an equivalent level of safety

. The FAA has also determined that adding an authorization for the use of a PPE to evaluate demonstrations of circling approaches, in less than basi c visual flight rules weather minimums, identified in Condition/ Limitation Nos

. 8 and 9 does not meet an equivalent level of safety. We have found that flight checks administered under the terms of this exemption are akin to a certification practical test, and should be conducted by an examiner with that authority. We feel that a n FAA inspector, a Designated Pilot Examiner (DPE), or Training Center Evaluator (TCE) are the only persons qualified to give these initial flight checks.

On that basis, the FAA denies your request to add authorizations that would allow a PPE to conduct practical tests and evaluate proficiency in circling maneuvers for completion of the VUE CE

- 500 single

- pilot training programs

. However, t he FAA has determined that utilizing a Pi lot Proficiency Examiner (PPE) for renewal checks would meet an equivalent level of safety because a PPE is authorized by the Administrator to conduct PIC proficiency checks required by § 61.58

. The FAA finds that an authorized PPE would be able to conduc t the proficiency check associated with the single

- pilot authorization renewal in the CE

- 5 00 . The FAA finds the conduct of this renewal check by a PPE to be at an equivalent level of safety relative to proficiency checks that are currently conducted b y PP Es for other turbo

- jet powered aircraft per § 61.58

. On August 31, 2011, the FAA published “Pilot in Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules” final rule in the Federal Register (76 FR 54095) (copy encl osed) which amended 14 CFR § 61.58. Section 61.58 now requires a pilot

- in

- command (PIC) proficiency check for the type of aircraft identified in this petition. The training outlined in the conditions and limitations section of this exemption requires an

e nd

- of

- course check as part of the FAA

- approved training program . That check meets the requirements for the “proficiency check conducted by a person authorized by the Administrator, consisting of the aeronautical knowledge areas, areas of operations, and ta sks required for a type rating, in an aircraft that is...turbojet

- powered...” To that end, the FAA has added the following text as Condition / Limitation No. 14: “ Successful completion of the proficiency check used in the single

- pilot initial authorization and a uthorization renewal training program identified in condition/limitation No. 7 satisfies the requirements of the PIC proficiency checks required by § 61.58(a)(1) and (2). ”3
The FAA has also amended the following conditions and limitations to match oth er similar exemptions. While the relief granted does not change substantially, the petitioner should be directed to the new text because some of the conditions and limitations have been modified. Specifically ;

1. Condition/Limitation Nos. 1 , 3

- 6 , 10 (previou sly 11)
, 13, 15 (previously 14)
, 17 (previously 15)
, 18
, and 19 have been edited for clarity or for standardization with other similar grants of exemption

.

2. Condition/Limitation No. 2 has been modified to indicate future requests for extension of this exem ption will need to be accompanied by VUE’s training manual.

3. Condition/Limitation No. 7 (previously 6 ) has been amended to allow Pilot Proficiency Examiners to conduct renewal proficiency checks required by this exemption.

4. Condition/Limitation Nos. 8 and 9 (previously 9 and 10 ) have been amended to add new requirements for circling approaches and “training to proficiency”

.

5. Condition/Limitation No. 11 has been added to clarify the requirements for an instructor that provides training required by this exemp tion.

6. Condition/Limitation No. 14 has been added to clarify that the proficiency check required by this exemption can be used to satisfy the requirements of 61.58(a)(1) and (2).

7. Previous Condition/Limitation No. 16 has been removed as the FAA has determi ned this item is no longer necessary.

8. Condition/Limitation No. 16 (previously 8 ) ha s been amended to add a new requirement for carrying documentation of the training required by this exemption.

9. Condition/Limitation No. 20 has been added for standardizat ion with other similar grants of exemption.

10. Condition/Limitation No. 2 1 has been added as a new requirement for operati ons conducted under the privileges of this exemption using any business name other than VUE.

We advise the petitioner that a ny future request for extension of this exemption will require the submission of a current VUE single

- pilot training program manual.4

T he FAA has determined that the justification for the issuance of Exemption No. 9917 , as amended, remains valid with respect to th is exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I have amended and extended your petition , subject to the following conditions and limitatio ns

.

Conditions and Limitations

1. This exemption applies to pilots operating Cessna Citation model 500, 550, S550, 552, and 560 airplanes who ha ve successfully completed VUE ’s approved single

- pilot authorization course and complied with all of the terms of this exemption.

2. This exemption is effective for the conduct of the required training and checking only if VUE ’s single

- pilot training program receives and maintains approval from the FAA’s General Aviation and Commercial Division, AFS

- 800, 800 Independenc e Avenue, SW., Washington, D.C. 20591

. 3. The single

- pilot operations described in this exemption may only be conducted under part 91. No part 135 operations are authorized under this exemption.

4. Each pilot conducting single

- pilot operations under the terms of this exemption
must

—

a. Successfully c omplete VUE ’s CE

- 500 single

- pilot training program before conducting such operations;

b. Hold an airline transport pilot certificate with a CE

- 500 type rating or a commercial pilot certificate with an airplane instrument rating and CE

- 500 type rating before training under VUE ’s CE

- 500 single

- pilot training program ;

c. Have logged at least 1,000 hours of total pilot flight time, including at least 50 hours of night flight time; 75 hours of instrument flight time, 40 hours of which are in actual instrument meteorological con ditions; and 500 hours as pilot

- in

- command (PIC), SIC, or both, in turbine

- powered airplanes;

d. Not perform any circling instrument approaches to minimums of less than 200 feet and 1 mile above the publi shed minimums until after completing 100 hours of single

- pilot flight experience in CE

- 500 series airplanes;

e. Not perform any straight

- in instrument approaches to minimums of less than 100 feet and one

- half statute mile visibility above the published mi nimums until after completing 100 hours of single

- pilot flight experience in CE

- 500 series airplanes;
f. Use a boom microphone; and5

g. Use a fully functioning autopilot that is controllable about three axes and capable of approach coupling.

5. The CE

- 500 single

- pil ot initial authorization and authorization renewal training program must include

––

a. Ground instruction appropriate to the CE

- 500 series airplane given by a n instructor employed by VUE (designated in accordance with VUE ’s approved procedures) that covers at least the following aeronautical knowledge areas:

i. Weight and balance computations;

ii. Use of performance charts;

iii. Significance and effects of exceeding airplane performance limitations;

iv. Principles and functions of airplane systems;

v. Maneuvers, procedures, and e mergency operations;

vi. Night and high

- altitude operations ; and

vii. Any additional training areas necessary to address s afe operation s of the airplane

.
b. Flight instruction appropriate to the CE

- 500 series airplane given by a n instructor employed by VUE (designate d in accordance with VUE ’s approved procedures) that covers at least the following areas of operation:

i. Preflight preparation;

ii. Preflight inspection and procedures;

iii. Taxiing;

iv. Normal and crosswind takeoffs and departures;

v. In

- flight maneuvers including configur ation changes, approaches to stalls, and steep turns;

vi. Simulated powerplant failure (actual powerplant failure if accomplished in a flight simulator);

vii. Instrument procedures;

viii. Precision and nonprecision approaches;6

ix. Missed approaches;

x. Landings and approaches t o landings;

xi. Normal and crosswind landings;

xii. Landing with a simulated powerplant failure (actual powerplant failure if accomplished in a flight simulator);

xiii. Normal and abnormal procedures;

xiv. Emergency procedures; and

xv. Post

- flight procedures.

6. The instruction requ ired in c ondition /limitation No. 5( b ) may be completed in an approved flight simulator, qualified as

––

a. A Level A or B flight simulator, provided the applicant satisfactorily accomplishes as part of the training program the following in

- flight maneuvers and procedures as sole manipulator of the controls in a CE

- 500 series airplane:

i. Exterior preflight inspection;

ii. Taxiing;

iii. Normal and crosswind takeoffs (minimum of three);

iv. Normal and crosswind approaches and landings (minimum of three);

v. Landing from a precision approach;

vi. Missed approach ;

vii. Approach and landing with a simulated powerplant failure;

viii. N ormal approach and landing;

ix. Landing from a circling approach; and

x. Landing from a no flap or nonstandard flap approach.

b. A Level C or D flight simulator provided the ap plicant has performed at least three takeoffs and three landings to a full stop as the sole manipulator of the flight controls in the CE

- 500 series airplane within the preceding 90 days.7

7. An applicant seeking to obtain or renew a single

- pilot authorization under this exemption must

––

a. Satisfactorily complete VUE ’s single

- pilot training program ;

b. Satisfactorily complete the program ’s required qualification module, consisting of a stand

- alone proficiency check in either a CE

- 500 series airplane, an appropriately qualified and approved flight simulator, or a combination thereof;

c. Satisfactorily complete this proficiency check

—

i. Within 10 days of completing the training program;

ii. For those applicants obtaining an initial authorization, the check must be

u nder the sup ervision of an appropriately rated FAA inspector, Designated Pilot Examiner (DPE), or Training Center Evaluator (TCE) who is qualified and authorized to conduct either § 61.58 proficiency checks or type rating practical tests in CE

- 500 series flight simula tors or airplanes, as appropriate ; and

iii. For those applicants renewing an authorization, the check must be under the supervision of an appropriately rated FAA inspector, DPE, TCE, or Pilot Proficiency Examiner (PPE) who is qualified and authorized to cond uct either § 61.58 proficiency checks or type rating practical tests in CE

- 500 series flight simulators or airplanes, as appropriate

.
d. Satisfactorily complete all tasks listed in the Airline Transport Pilot and Aircraft Type Rating Practical Test Standards that are required fo r an initial CE

- 500 type rating ; and

e. Satisfactorily perform all maneuvers and procedures as a single pilot during the entire proficiency check. Training to proficiency during the check is not permitted, and failure of any maneuver sha ll result in failure of the proficiency check.

8. The circling approach requirement must be accomplished in an airplane or in a simulator that is qualified for the circling approach task.

9. Until the circling approach task has been satisfactorily demonstrated t o an FAA inspector or FAA

- designated examiner in an airplane or in a simulator that is qualified and approved for the circling approach task

––

a. The applicant’s records will be annotated with the statement, “Demonstration of circling approach was not accompl ished;” and8

b. The applicant must not perform circling approaches as the PIC when weather conditions are less than the weather minimums for basic visual flight rules.

10. A person who previously has received a single

- pilot authorization in a Cessna Citation mode l 500, 550, S550, 552, or 560 airplane must complete VUE ’s single

- pilot differences training course to obtain a single

- pilot authorization for a different Cessna Citation model.

11. All flight training conducted in accordance with this exemption conducted in a CE

- 500 series airplane must be given by a flight instructor employed by VUE who also meets the requirements of c ondition /l imitation No. 4(a), (b), and (c) of this exemption.

12. A person seeking to obtain a single

- pilot authorization must satisfactorily compl ete all ground and flight training required by VUE ’s FAA

- approved single

- pilot training program and must also receive training on the differences between the Cessna Citation model represented by the simulator used for training and checking and the Cessna C itation model for which single

- pilot authorization is sought

.
13. A single

- pilot authorization will be valid for 12 calendar months. A person who renews a single

- pilot authorization in the calendar month before or after the calendar month in which it is due is considered to have renewed the single

- pilot authorization when due.

14. Successful completion of the proficiency check used in the single

- pilot initial authorization and authorization renewal training program identified in condition/limitation No. 7 satisfies the requirements of the PIC proficiency checks required by § 61.58(a)(1) and (2)

. 15. Each CE

- 500 series airplane operated under this exemption must have the following equipment installed and operational:

a. An autopilot with approach coupling capability ;

b. A fl ight director system;

c. A boom microphone; and

d. A transponder “ident” switch on the pilot’s control wheel.

16. Each person must carry a copy of this exemption and a record from VUE documenting successful completion of its training and checking requirements aboard the airplane when operating under the terms of the exemption.9

17. Upon request, VUE must provide any representative of the FAA Administrator with an analysis of training and checking operations conducted under this exemption with respect to program failure ra tes, extra training time required, accident and incident data, and any known problem areas.

18. VUE must maintain records and make them available, when requested, to any representative of the FAA Administrator. These records must include all information requ ired by §142.73 (a), 142.73(c)(1), 142.73(e), and

— a. The dates of training enrollment and completion for each trainee who enrolls in VUE ’s CE

- 500 single

- pilot training program ;
b. The name and number of additional training hours needed by those trainees who requ ire more flight training than prescribed in the FAA

- approved training program to pass the initial authorization or authorization renewal;

c. The name of each trainee who failed to satisfactorily complete VUE ’s CE

- 500 single

- pilot training program ( or withdrew from the program ) and the reasons for the failure or withdrawal; and
d. The name, certificate number, and address of each person who is authorized to operate under this exemption.

19. No person may provide training nor may any person receive training while pass engers

are aboard any aircraft operating for the purpose of meeting the training or checking requirements of this exemption.

20. This exemption is valid only for aircraft configured for operation by a single pilot seated in the left pilot seat. The privileges of this exemption are prohibited for any aircraft with the landing gear lever positioned anywhere to the right of the center of the aircraft.

21. The approved training program authorized by this exemption may not be conducted under any business name other t han VUE
, Inc.

The Effect of Our Decision Our decision extends the termination date of Exemption No. 9917 , as amended, to June 30
, 2015, unless sooner superseded or rescinded.

Sincerely,

/S/ John S. Duncan Deputy Director, Flight Standards Service