AFS

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- E F ebruary 18, 2014

Exemption No. 10938 Regulatory Docket No. FAA

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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 e xemption 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. 10 80 6

. H owever, the FA A has construed the request as a

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

Cert ification and Qual ification 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

th e 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 complete d an air c arrier’s approved SIC training program to take the practical test with an expired knowledge test . The FAA granted the exemption o n June 25, 2013 in Docket No. FAA

2013

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. F ormer § 61.39(b) only permitted pilots who had completed an air carrier’s pilot i n command training program to take the practical test with an expired knowledge test.2

practical test and has satisfactorily accomplished the certificate ho lder’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 petiti on 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 wou ld 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 re viewed 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 u nder 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 auth ority 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. Pilot s must meet the eligibility requirements for ATP certification in § 61.153, the

applic able 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