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 Administration (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 management (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 program 
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must consist of at least a 4-hour course of training 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 contain 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 determined 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 command (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. 
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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