AFS-14-012-E

February 18, 2014

 Exemption No. 10938

 Regulatory Docket No. FAA-2013-0926

Mr. Norman D. Gage

Assistant Director of Operations

Kalitta Air, LLC

818 Willow Run Airport

Ypsilanti, MI 48198

Dear Mr. Gage:

This letter is to inform you that the Federal Aviation Administration (FAA) has granted your 

request for exemption from 14 CFR § 61.39(b). This document explains the basis for our 

decision, describes its effect, and lists the conditions and limitations, including the date it ends.

The Basis for Our Decision

By letter dated October 2, 2013, you petitioned the FAA on behalf of Kalitta Air, LLC (Kalitta)

for an amendment to Exemption No. 10806. However, the FAA has construed the request as a 

new petition for exemption due to changes to the regulations that were part of the Pilot 

Certification and Qualification Requirements for Air Carrier Operations final rule issued on 

July 15, 2013 (78 FR 42324).1

 Section 61.39(b)(2) permits an applicant for an airline transport 

pilot certificate with an airplane category multiengine class rating or airline transport pilot 

certificate with an airplane type rating to take the practical test with an expired knowledge test if 

the applicant passed the knowledge test after July 31, 2014 and is employed as a flightcrew 

member by a part 119 certificate holder conducting operations under part 121 at the time of the 

 

1 In anticipation of the impending statutory requirement for all pilots in part 121 operations to hold an ATP 

certificate by August 2, 2013, Kalitta petitioned the FAA for a grant of exemption for its members that 

would permit SICs who completed an air carrier’s approved SIC training program to take the practical test 

with an expired knowledge test. The FAA granted the exemption on June 25, 2013 in Docket No. FAA2013-0281. Former § 61.39(b) only permitted pilots who had completed an air carrier’s pilot in command 

training program to take the practical test with an expired knowledge test. 
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practical test and has satisfactorily accomplished the certificate holder’s approved initial training 

program.

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

the Federal Register because the requested exemption would not set a precedent, and any delay 

in acting on this petition would be detrimental to Kalitta.

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10930 (copy enclosed), the FAA 

found that a grant of exemption would be in the public interest and would provide a level of 

safety equivalent to that provided by current regulations. Approved part 121 training programs 

provide extensive ground and flight training specific to the aircraft type and the part 121 

operation in which the pilot will be serving. The FAA feels that the comprehensive nature of this 

training provides sufficient assurance that the pilot’s knowledge has been adequately checked 

prior to the certification evaluation for the ATP certificate. 

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

• they are similar in all material respects to relief previously requested in the enclosed Grant of 

Exemption No. 10930;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10930 also 

apply to the situation you present; and 

• a grant of exemption is in the public interest.

Our Decision

The FAA has determined that under the terms of this exemption, a pilot who passed the 

knowledge test prior to August 1, 2014, may continue to use an expired knowledge test result 

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 initial 

training program. Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which 

the FAA Administrator has delegated to me, Kalitta is granted an exemption from the date 

restriction in § 61.39(b) to the extent necessary to allow pilots serving in part 121 operations to 

take the practical test for an ATP certificate with an expired knowledge test, subject to the 

conditions and limitations described below. 

Conditions and Limitations

1. Pilots 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 or § 61.160. 
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2. Any expired knowledge test results from tests taken before August 1, 2014, cannot be used 

to apply for the practical test after July 31, 2014 under this exemption.

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded. This grant 

of exemption will not be extended or renewed.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service