AFS-14-302-E 

 Exemption No. 11074 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

GULF AND CARIBBEAN Regulatory Docket No. FAA-2014-0361 

CARGO, INC. 

 

for an exemption from §121.436(a)(3) 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION 

By letter dated May 30, 2014, Mr. Richard J. Durden, General Counsel, Gulf & Caribbean 

Cargo, Inc. (Gulf & Caribbean), 6860 South Serivce Drive, Waterford, Michigan 48327, 

petitioned the Federal Aviation Administration (FAA) on behalf of Gulf & Caribbean for an 

exemption from §121.436 of Title 14, Code of Federal Regulations (14 CFR). The petition 

for exemption, if granted, would allow Gulf & Caribbean pilots in command (PIC) to count 

flight time accrued as a PIC of a turbojet airplane in 14 CFR part 135 cargo operations toward 

the requirement of 1,000 hours of air carrier experience for part 121 PICs. 

The petitioner requests relief from the following regulations:

While the petitioner requested relief from §121.436, the FAA construes this as a request for 

exemption from §121.436(a)(3) which prescribes, in pertinent part, that a PIC in part 121 

operations has 1,000 hours as second in command (SIC) in operations under part 121, PIC in 

operations under § 91.1053(a)(2)(i) of this chapter, PIC in operations under §135.243(a)(1) of 

chapter I of 14 CFR, or any combination thereof. 
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The petitioner supports its request with the following information: 

The petitioner states that §121.436 requires that a PIC in part 121 cargo operations must have 

a certain level of experience, either as SIC in part 121 operations, PIC in “fractional” aircraft 

under part 91— the lowest level of safety under the Federal Aviation Regulations (FAR)—or 

as PIC in passenger carrying operations falling under §135.243(a)(1). 

Because the training, operational requirements, and FAA oversight for part 135 turbojet PICs 

are far more rigorous than for a fractional operator under § 91.1053, allowing credit for 

experience for the much lower level of safety of a part 91 PIC, but not for a part 135 turbojet 

PIC carrying freight, defies understanding and lacks any rational basis—whether safety of 

flight or level of rigor of the total operational experience. 

The petitioner notes that part 135 turbojet PICs undergo standard training prescribed by the 

FAA for part 135 turbojet operations. The training is applicable for carriage of passengers or 

freight, and no distinction is made in the training or the oversight carried out by the local FAA 

office with regard to passenger or freight operations. The petitioner also notes that whether 

carrying passengers or freight, the crews fly through the same weather, in the same type 

airplanes, manage the same fatigue, and operate in the same air traffic control system. 

Gulf & Caribbean states that from an economic point of view, it has already experienced the 

difficulty in locating and hiring pilots that meet the experience requirements mandated by the 

recent changes to the FAR, that was predicted by so many commentators, when the changes 

were proposed. The petitioner states there is no incentive for pilots to seek a job flying for a 

part 135 turbojet cargo operation because the PIC time cannot be counted toward part 121 

experience requirements—creating a hardship in finding PICs. Gulf & Caribbean asserts that 

from the standpoint of an applicant for a PIC position in a freight-hauling turbojet, there is no 

reason to go through the intensive training and the exacting FAA oversight for a flying job 

where the hours she or he builds do not count. 

Gulf & Caribbean states a grant of exemption would benefit the public, because it would 

increase the number of highly trained and experienced pilots who are qualified to fly as PIC in 

part 121 cargo operations for its company, thus allowing it to select from a deeper pool of 

pilots, and thereby increasing the level of safety for the public. 

A summary of the petition was published in the Federal Register on June 25, 2014 

(79 FR 36122). No comments were received. 

The FAA's analysis is as follows: 

The FAA fully considered Gulf & Caribbean’s petition for exemption and its supporting 

information. However, in reviewing all relevant information provided by the petitioner, the 

FAA finds that a grant of exemption from §121.436(a)(3) would not be in the public interest. 

The FAA issued the Pilot Certification and Qualification Requirements for Air Carrier 

Operations final rule on July 15, 2013 (78 FR 42324), creating a new requirement for a PIC in 

part 121 operations to have 1,000 hours of experience in air carrier operations. 
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14 CFR 121.436(a)(3) states the 1,000 hours of experience may be obtained by serving as a 

PIC in operations under §§ 91.1053(a)(2)(i), 135.243(a)(1), or as an SIC in part 121 

operations. 

In the preamble to the final rule, the FAA addressed comments on what type of flight time 

should count for the 1,000 hours of experience in air carrier operations. The FAA stated it 

determined that the ability to fly at the airline transport pilot (ATP) certificate level and have 

demonstrated this proficiency during evaluation is an important regulatory differentiation. 

The FAA first proposed that certain operations under part 135 should require an ATP 

certificate in 1977. In that NPRM, the FAA stated the requirement to hold an ATP certificate 

to act as PIC in some part 135 operations was ‘‘... based in part on operational complexity 

and the number of persons carried, would provide a level of safety more comparable to that 

provided by part 121.’’ The FAA still maintains this position. Operations under 

§ 91.1053(a)(2)(i) or § 135.243(a)(1) require an ATP certificate, are multicrew operations, 

generally use turbine aircraft, and therefore, are the most comparable to part 121 operations. 

The FAA determined that, while other part 91 and part 135 operations may involve certain 

elements that are relatable to part 121 operations, the varied nature of operations does not 

make credit toward the 1,000 hour requirement appropriate. Because turbojet pilots in part 

135 cargo operations are not required to hold an ATP certificate, the time accrued in such 

operations does not count toward the requirements of § 121.436(a)(3). 

The FAA notes that, contrary to the petitioner’s assertions, part 91, subpart K training and 

checking requirements are similar, and in many cases, are identical to, the training and 

checking requirements of part 135. Training programs under part 91, subpart K are also 

required to be approved by the FAA. 

The FAA also notes Gulf & Caribbean’s statement that the PIC time of turbojet pilots in 

part 135 operations cannot be counted toward part 121 experience requirements. This is not 

entirely correct. Pilots may count all flight time accumulated in part 135 operations toward 

the aeronautical experience requirements for an ATP certificate. Pilots with ATP certificates 

may serve as a SIC in part 121 operations. Gulf & Caribbean has the option to hire these 

pilots as SICs, who could then accrue the necessary 1,000 hours of air carrier experience to 

serve as a PIC. 

A significant portion of Gulf & Caribbean’s supporting information centers on its ability to 

attract and retain pilots for its operations. The FAA finds that this is essentially a private 

interest argument and personal monetary benefit is not public interest. 
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The FAA’s Decision: 

In consideration of the foregoing, I find that a grant of exemption would not be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 

and 44701 delegated to me by the Administrator, the petition of Gulf & Caribbean Air Cargo, 

Inc. for an exemption from 14 CFR 121.436 (a)(3) is hereby denied. 

Issued in Washington, DC, on October 1, 2014. . 

/s/ 

John S. Duncan 

Director, Flight Standards Service