AFS-12-031-E November 30, 2011

Exemption No. 5400J Regulatory Docket No. FAA-2001-10676

Mr. Paul W. Railsback Director, Operations Air Transport Association 1301 Pennsylvania Avenue, NW., Suite 1100 Washington, DC 20004

Dear Mr. Railsback:

This letter is to inform you that we have granted your petition to extend Exemption No. 5400, as amended. It explains the basis for our decision, describes its effect, and lists the

revised conditions and limitations.

The Basis for Our Decision

By letter dated October 17, 2011, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of Air Transport Association (ATA) for an extension of Exemption No. 5400, as amended. That exemption from Title 14, Code of Federal Regulations part 121, appendix H, Level C Training and Checking Permitted, subparagraphs 2b, 3b, and 3c allows member airlines of ATA to use Level C simulators for pilot in command (PIC) initial and upgrade training and checking and reduces the upgrade/transition pilot experience requirements of part 121, appendix H.

The FAA further finds that on December 20, 1995, the FAA published in the Federal Register (60 FR 65940) part 121 crew resource manage ment (CRM) training requirements. The amendment to §§ 121.404 and 121.427 requires initial and recurrent CRM training for all part 121 air carriers replacing the need for conditions 2ci and 2cii in the current exemption.

Additionally, part 121, appendix H, requires a special Line Oriented Flight Training (LOFT) program to facilitate the transition from the simulator to line flying. This LOFT program2

must consist of at least a 4-hour course of traini ng for each flightcrew. It also must contain at least two representative flight segments of the operator’s route. One of the flight segments must contain strictly normal operating procedures from push back at one airport to arrival at another. Another flight segment must c ontain training in appropriate abnormal and emergency flight operations. The amendments to the initial, recurrent, and appendix H training requirements replace those previously established by conditions 2ci and 2cii. As a result, the conditions and limitations have been updated to reflect the removal of those two

conditions.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption. The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to ATA.

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 5400, as amended, remains valid with respect to this 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 grant your petition for exemption from appendix H of part 121 of Title 14, Code of Federal Regulations, Level C Training and Checking Permitted, subparagraphs 2b, 3b, and 3c to use a Level C simulator for PIC training and checking subject to the following revised conditions and limitations.

Conditions and Limitations

1. Upgrade training and the certification check required by § 61.157, when the pilot—

a. Has previously qualified as second in com mand (SIC) in the type airplane to which the pilot is upgrading; and

b. Is currently serving as SIC with that operator in an airplane in the same group as the type airplane to which the pilot is upgrading.

2. Initial training and certification check required by § 61.157, when the pilot—

a. Is employed by an airplane operator;

b. Is currently serving as SIC with that operator in an airplane of the same group;

and

c. Has a minimum of 500 flight-hours as SIC in airplanes of the same group with that operator.3

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5400, as amended, to January 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service