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Volume 3  GENERAL TECHNICAL ADMINISTRATION

CHAPTER 54  PART 142 TRAINING CENTERS

Section 4  Part 142 Training Centers: Deviations and Waivers—Section 142.9

3-4391    TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR) PART 142 DEVIATION OR WAIVER REQUEST AND PROCESSING.

A.    Overview. According to 14 CFR part 142, § 142.9(a), the Administrator may issue a deviation or waiver from any of the requirements of part 142. The Federal Aviation Administration (FAA) does not normally issue exemptions from rules in which deviation authority is specifically provided. Refer to Volume 3, Chapter 2, Section 1 for more information about the exemption process. This section outlines the policies and procedures that must be followed when processing a training center’s request for a deviation or waiver from any of the requirements of part 142.

1)    When a training center submits an application to the FAA for an exemption, deviation, or waiver from a specific section of a regulation, the applicant is, in fact, asking the Administrator to revise current regulations, which in some cases may permit the applicant to operate without meeting the requirements of the current regulation.
2)    Training Center Program Managers (TCPM) are the FAA’s focal point for coordination of a training center’s request for an exemption, deviation, or waiver from a specific section of a regulation. Requests for a deviation or an exemption from the requirements of rule parts in 14 CFR chapter I other than part 142 must be applied for and processed in accordance with any deviation authority within those rule parts or as an exemption request in accordance with the procedures set forth in 14 CFR part 11.
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3)    All requests for deviations or waivers will be processed in accordance with the policies and procedures in this section and will be approved, conditionally approved, or denied by the Air Transportation Division (AFS-200).

B.    Requests for Deviations or Waivers. When requesting a deviation or waiver, the training center must provide the TCPM with sufficient information to enable a thorough evaluation of its request. The applicant must offer an alternative plan of action that will enable the training center to achieve the same level of safety and meet the intent and objective of the regulation from which the deviation or waiver is requested. The applicant must show that a grant of deviation will not adversely affect the quality of instruction or evaluation.

C.    Required Submissions. All requests for deviations or waivers must include at least the following information:

1)    The specific regulation(s) from which the training center is requesting relief;
2)    A detailed description of the proposed alternative plan that will enable the training center to achieve the same or higher level of safety of the regulation, as well as meeting its intent and objective;

NOTE:  A deviation may not be granted if it will have an adverse effect on the quality of instruction and/or evaluations conducted by the training center.

3)    The proposed revisions to the training center’s operating procedures, quality management systems, and/or training curriculums that will be modified if the deviation or waiver request is granted;
4)    Training modules to support the instructor, Training Center Evaluator (TCE), and any other training center personnel training required to ensure compliance with the requested deviation or waiver;
5)    Any other justification, procedures, or policies that the training center believes are necessary to support its request.

D.    Review and Approval Process. FAA personnel must review deviation and waiver applications in a timely manner. Deviation requests are subject to prioritization based upon FAA agency requirements. Application reviews will be conducted as outlined below.

1)    TCPM Responsibilities. When a request for a deviation or waiver is received, the TCPM will:
a)    Open an office file, initiate Program Tracking and Recording Subsystem (PTRS) entries, and complete an initial evaluation of the request to ensure that the application includes the items required by subparagraph 3‑4391C;
b)    Request additional information, if required to complete the application and/or coordinate with the training center to resolve outstanding issues or questions;
c)    Prepare a memo containing the results of the TCPM’s evaluation, suggested action, and if recommending approval, a recommended duration (validity period) for the deviation or waiver (not to exceed 24 calendar-months);
d)    Forward the application and comments to the part 142 regional coordinator or other appropriate Regional Office(s) (RO) for his or her review, evaluation, and subsequent transmission to AFS-200 (AFS-200 will be responsible for making the final determination regarding the deviation request); and
e)    When deviation or waiver applications are returned from the RO, review and advise the training center of the FAA’s decision.
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1.    If the deviation or waiver application has been approved or conditionally approved (deviations and waivers may not be issued without approval of AFS-200):

a.    Ensure that the training center makes the necessary changes to comply with the conditional approval;

b.    Issue the deviation or waiver for the approved interval by inserting verbatim the language provided by AFS-200 into the training center’s training specification (TSpec) A005 (individual deviation or waiver approval letters to the operator are not required);

c.    Amend the training center surveillance plan accordingly;

d.    Close the file with the appropriate PTRS entries; and

e.    During the validity period, monitor and evaluate the effect of the deviation or waiver in relation to the operator’s environment.

NOTE:  If the training center’s operational circumstances change during the validity period of the deviation and these changes have an impact on the terms and conditions of the deviation, the TCPM will immediately notify their supervisor and part 142 regional coordinator.

2.    If the deviation or waiver application has been disapproved:

a.    Provide the training center a copy of the denial letter; and

b.    Close the file with the appropriate PTRS entries.

2)    Regional Coordinator Responsibilities.
a)    Complete an evaluation of the deviation or waiver application and TCPM comments/recommendations.
b)    Request additional information, if required to complete the evaluation or to resolve outstanding issues or questions.
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c)    Prepare a memo containing the results of the evaluation and recommendations and forward the application package to the Air Carrier Training and Part 142 Training Center Branch (AFS-210) for disposition. The correspondence may be sent to:

·    9-AFS-200-Correspondence/AWA/FAA; or

·    AFS-200, Rm #831

800 Independence Ave. SW, Washington, DC 20591.

d)    After the deviation or waiver application package is returned by AFS-200:

1.    Evaluate AFS-200’s response and comment, if desired; and

2.    Forward response to TCPM for appropriate action.

e)    If advised by the TCPM that a center’s operational conditions have changed, advise AFS-200.
3)    AFS 200 Headquarters (HQ) Responsibilities.
a)    Complete an evaluation of the deviation or waiver application.
b)    If the review supports approval or conditional approval:
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1.    List the areas of discrepancy that must be corrected before the deviation or waiver is approved;

2.    Prepare the text of the deviation or waiver language that will be included in the training center’s TSpecs by the TCPM;

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3.    Prepare an appropriate approval or conditional approval statement for the division manager’s signature; and

4.    Return the application package to the part 142 regional coordinator or other appropriate ROs for onward transmission to the TCPM;

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c)    If the review does not support approval:

1.    Prepare a letter of denial (to include the reason(s) for disapproval); and

2.    Return the application package to the part 142 regional coordinator or other appropriate RO(s) for onward transmission to the TCPM.

d)    If advised by the regional coordinator that a center’s operational conditions have changed:

1.    Collaborate with the regional coordinator, TCPM, and other appropriate FAA officials to determine the effect of the operational change and its impact on the deviation.

2.    If the effect is negative and it is determined that any of the items below apply, the center will be advised and the deviation or waiver will be removed from the center’s TSpecs.

a.    The operator can no longer achieve the same or a higher level of safety as required by the regulation,

b.    The deviation or waiver may adversely affect the quality of instruction and/or evaluations conducted by the training center, or

c.    The operational change does not support the issuance of a deviation or waiver.

NOTE:  All internal FAA coordination documents may be routed between offices either electronically or in writing.

E.    Review Period. Part 142 certificate holders should allow a minimum of 90 days for review and processing of requests for deviation or waiver. While the FAA will make every effort to complete the review in a timely manner, all deviation requests are subject to prioritization-based FAA agency requirements. Complex or precedent-setting requests may require additional time.

F.    Renewals of Deviations or Waivers. Applications for deviation or waiver renewals must follow the initial application requirements described above. Requests for deviation or waiver renewals must be made in writing at least 60 days prior to the expiration of the current authorization to enable sufficient time for processing and to prevent a potential lapse in the authorization. Renewal applications for deviations or waivers that are based on essentially the same operating conditions as the expiring deviation or waiver may omit the requirements of subparagraphs 3-4391C2) through 5). However, the applicant must clearly state why the operational conditions are unchanged.

NOTE:  A deviation/waiver request job aid located on the AFS-210’s Web site (http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afs/afs200/branches/afs210) has been developed to assist with the evaluation of training center deviation and waiver requests.

3-4392    REQUESTS FOR DEVIATION FROM § 142.53(b)(1).

A.    Compliance with § 142.53(b). Section 142.53(b) requires that each training center instructor who provides instruction in a flight simulator that is approved for use in all training and testing for the airline transport pilot (ATP) certification or aircraft type rating test participate in a line performance or line observation program. Currently, only level C and level D full flight simulators (FFS) are approved for all of the tasks and maneuvers required for ATP certifications and aircraft type rating tests. Therefore, the line performance/observation requirements in § 142.53(b) apply only to training center flight instructors and TCEs who are providing instruction/evaluation in a level C or level D FFS. Training center flight instructors or TCEs who are approved to provide training, testing, or checking for 14 CFR part 91 subpart K (part 91K), 121, or 135 certificate holders as contract instructors or contract check pilots and who are acting in that capacity must satisfy the line observation requirements of the operator for whom they have been approved to provide training, testing, or checking. Individuals who have met the aforementioned requirements may, with the center’s TCPM’s approval, be considered to be in compliance with the requirements of § 142.53(b).

1)    Section 142.53(b) also establishes three options for complying with the line performance, line observation requirements:
a)    Option 1 (§ 142.53(b)(1)): Perform 2 hours in flight, including three takeoffs and three landings as the sole manipulator of the controls of an aircraft of the same category and class and, if a type rating is required, of the same type replicated by one of the flight simulators in which that instructor is designated to instruct; or
b)    Option 2 (§ 142.53(b)(2)): Participate in an approved line observation program under part 91K, 121, or 135 in the same airplane type as the airplane represented by the flight simulator in which the flight instructor is designated to instruct. The line observation program must have included Line-Oriented Flight Training (LOFT) and provided the instructor with least 1 hour of flight during which he or she was the sole manipulator of the controls in an FFS that replicated the same type aircraft for which that instructor is designated to instruct; or
c)    Option 3 (§ 142.53(b)(3)): Participate in an in-flight observation training course approved under part 142 that consists of at least 2 hours of flight time in an airplane of the same type as the airplane replicated by the flight simulator in which the instructor is designated to instruct. This option must also include LOFT of at least 1 hour during which the instructor is the sole manipulator of the controls in an FFS that replicates the same aircraft type in which he or she is designated to instruct.
2)    Many training centers still encounter practical difficulties associated with the conduct of line observation flights under § 142.53(b)(1), such as the type of aircraft, cockpit jump seat availability, or other operational restrictions. In this context, provided certain conditions and limitations are satisfied, it may be appropriate to issue deviations to training centers to permit them to complete the line performance requirements of § 142.53(b)(1) in a level C or level D FFS. If a deviation is granted, flight instructors may meet the requirements of § 142.53(b) by participating in a Line‑Operational Simulation (LOS) that meets the requirements outlined in subparagraph 3-4392E. Utilization of this option will require the issuance of a deviation from § 142.53(b)(1) through the process described in this section. Regardless of what option is used, part 142 flight instructors must meet the requirements of § 142.53(b) every 12 calendar-months.

B.    Preferred Method of Compliance. The preferred method of compliance with the requirements of § 142.53(b) is to have performed 2 hours in flight, including three takeoffs and three landings as the sole manipulator of the controls of an aircraft of the same category and class and, if a type rating is required, of the same type replicated by the approved flight simulator in which that instructor is designated to instruct.

1)    Training centers that are currently meeting the instructor line observation requirements of § 142.53(b) by participating in actual aircraft flights should be encouraged to continue using their resources as they have in the past.
2)    In order to receive consideration for a request for deviation from § 142.53(b)(1), training centers must make application in accordance with the provisions of paragraphs 3-4391 and 3-4392.

C.    Applicability. A deviation from § 142.53(b)(1):

1)    Applies to simulator-only flight instructors and TCEs who conduct training, testing, or checking in level C or level D FFS (instructors who instruct only in level A or level B FFS or flight training devices (FTD) need not comply with the requirements of § 142.53(b));
2)    Does not apply to (and is not necessary for) instructors or TCEs who operate actual aircraft that are representative of the simulator(s) in which they instruct or evaluate (these instructors will meet the requirements of § 142.53(b)(1) through their in-flight activities);
3)    Does not apply to ground instructors (ground instructors are not required to comply with the in-flight performance or observation requirements of part 142 provided they do not operate the actual aircraft or conduct flight instruction as part of their assigned duties); and
4)    Does not apply to training center flight instructors or TCEs who provide training, testing, or checking for part 91K, 121, or 135 certificate holders provided they are participating in the operator’s line observation program and that program is acceptable to the center’s TCPM. In such cases, subject individuals will be meeting the requirements of § 142.53(b) by participating in an approved line observation program with an air carrier

142.53(b)(2)).

NOTE:  It is the responsibility of each air carrier to ensure that all of its authorized instructors and check airmen are qualified in accordance with the requirements of the appropriate operating rule.

D.    Application for a Deviation to § 142.53(b)(1). Training centers may apply for a deviation from the in‑flight performance requirement of § 142.53(b)(1) by forwarding a request to their TCPM. The TCPM will process the deviation request in accordance with paragraph 3-4391.

1)    The training center’s request must comply with the provisions of paragraphs 3-4391 and 3-4392.
2)    In addition to the requirements of paragraph 3-4391, the applicant must:
a)    Develop procedures for maintaining and distributing current information concerning the National Airspace System (NAS) and current air traffic procedures in the training center’s approved flight instructor initial and recurrent training programs required by this deviation.
b)    Develop both ground and flight training segments in support of its LOS program. The curriculum components are further outlined in paragraph 3-4393.
c)    A minimum of 5 hours, not reducible, must be programmed for the ground portion of the required training.
3)    The LOS scenario used to satisfy the requirements of this deviation must be performed in a level C or level D FFS representative of one of the types of aircraft in which instruction will be given.
4)    The curriculum must be developed in accordance with applicable portions of part 142 subpart B.

NOTE:  The objective of this curriculum is to provide the instructor with necessary familiarization and knowledge of the NAS. Knowledge and skill evaluations are performed separately in accordance with the provisions of part 142 subparts B through F.

E.    LOS Requirements. The LOS developed to meet the requirements of a deviation from § 142.53(b)(1) must:

1)    Be conducted in a level C or level D qualified simulator and consist of at least 4 hours of training made up of 2 hours acting as pilot in command (PIC) and 2 hours as the pilot monitoring (PM). The LOS must include a minimum of two flight segments and at least two takeoffs and two landings as the sole manipulator of the controls.
2)    Simulator freeze, slew, and unrealistic winds aloft may not be used. Simulator reposition may be accomplished only in accordance with a policy on simulator reposition approved by a training center’s TCPM. (Refer to Volume 3, Chapter 54, Section 6 for a sample policy on the use of simulator reposition during the suspension of testing and checking events.) If the training center does not have an approved policy, the reposition feature may only be used to advance along a flight route to the point where the descent and approach phase of the flight begins.
3)    A realistic preflight planning session must be included, considering weather, fuel, performance, weight/balance considerations, company procedures and paperwork, and dispatch or flight following, as applicable. Maintenance issues (minimum equipment list (MEL)) should be included in the scenario as those procedures impact operation within the NAS, such as Required Navigation Performance (RNP) approach procedures, etc.
4)    The LOS must consist of a fully planned and scripted line operation that reflects and reinforces the ground training modules that were approved as part of the deviation.

NOTE:  The LOS is not a checking event. However, satisfactory completion of the LOS is a requirement for completion of the course.

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5)    The LOS exercise must emphasize the avoidance of runway incursions, minimizing time on active runways, and crew confirmation and coordination regarding correct takeoff/landing speeds, runways, and crossing clearances. For example, current scenarios should emphasize runway safety, including complex taxi clearances.
6)    Realistic air traffic control (ATC) communications and current NAS procedures must be completely scripted. Special emphasis should be placed on ground operations as discussed above, proper crew coordination (including sterile cockpit procedures), and adherence to standard operating procedures (SOP) (including but not limited to deice/anti-ice systems operation).
7)    A realistic ground environment at airports is required. Visual models used must be equivalent in accuracy and fidelity to those used for simulator qualification as a level C or level D. Modeling of all ground movement areas must be sufficiently accurate to allow the LOS scenarios used to meet Class 1 or Class 2 requirements as specified in 14 CFR part 60. Generic visual models must not be used during LOS scenarios.
8)    The satisfactory completion of the ground training and LOS scenarios must be made a part of the flight instructor’s training records.

F.    Deviation Request Curriculum Credits. The ground and flight training curriculums developed in support of a deviation request from § 142.53(b)(1) are in addition to all other initial and/or recurrent training required by part 142 and may not be credited toward meeting the requirements of those curriculums.

3-4393    SECTION 142.53(b)(1) DEVIATION LOS SYLLABUS REQUIREMENTS.

A.    Curriculum Submission and Review. Before a § 142.53(b)(1) deviation is approved, the TCPM must review the training center’s proposed curriculum and determine that the items identified in this paragraph have been met and are included in the training center’s submission.

B.    Course Overview.

1)    Section 142.53(b)(1) deviation training must be comprised of at least two segments:
a)    Ground training, and
b)    Simulator (flight) training.
2)    Each curriculum segment must contain appropriate completion standards and the satisfactory completion of each reflected in the students’ training records.

C.    Trainee Entry Prerequisites. The trainee must:

1)    Hold an unrestricted FAA pilot or Flight Engineer (FE) certificate, as appropriate, to act as PIC or FE for the specific type aircraft;
2)    Have met the instructor qualification and training requirements of part 142 subpart C, except

§ 142.53(b);

3)    Be currently qualified and designated in writing as a flight instructor at the employing training center; and
4)    Have 1500 hours experience either as PIC or second in command (SIC) in operations in the same category and class of aircraft.

NOTE:  Experience in an aircraft with common aircraft avionic functionality (i.e., vertical navigation (VNAV) capable, glass cockpit, RNP capability, advanced ground proximity warning system (GPWS) display, traditional instrumentation, etc.) that the simulator is designed to replicate is preferred.

NOTE:  TCPMs may consider the student’s previous experience as an alternative to the hourly requirements if such experience is appropriate and considered equivalent. When considering a candidate’s previous experience to determine its equivalency relative to the hourly requirements being requested, the TCPM must carefully evaluate the candidate’s overall experience in the type of operation and aircraft he or she is authorized to instruct. Examples of experience that may be considered include prior experience as an examiner (aircrew program designee (APD), Designated Examiner (DE)), part 91K check pilot, or a 14 CFR part 119 certificated air carrier check airman), and or military flight experience.

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D.    Ground Training Segment—Minimum Modules Content.

1)    ATC Familiarization and Update. The training center must develop a course which covers all the elements in paragraphs 2) through 5) below. In addition, the training center must have training center personnel responsible for instructor/TCE training do one of the following:

·    Review current pilot/controller terminology annually in order to maintain the currency of the course, or

·    Visit one of the following ATC facilities: tower, approach control, Terminal Radar Approach Control (TRACON), or en route center and receive a briefing on the activities at the site with emphasis on pilot controller coordination and terminology.

2)    Clearances. Training in the duties of a flight instructor with regards to the use of ATC clearances in a training environment.

·    Format of clearances to accurately simulate ATC,

·    Ability to provide timeliness of responses typical of controllers,

·    Accurately using clearances to create a more realistic scenario in the training environment,

·    Accurately providing realistic clearances to enhance instructor credibility and professionalism, and

·    Accurately using clearances to correctly simulate correct ATC spacing and controller knowledge of aircraft system performance parameters.

3)    Terminology.

·    Common ATC terminology variations,

·    International language and terminology considerations (if appropriate), and

·    Realistic use in the training environment.

4)    VectoringAppropriate Use and Training Benefits/Pitfalls.

·    Commonly misused vectoring practices,

·    Training benefits and importance of correct vectoring to preserve realism, and

·    Negative training impacts of inaccurate or unrealistic vectors/practices.

5)    ICAO Differences. Applicable for those training centers that provide instruction for international operators.

·    Variations between FAA and International Civil Aviation Organization (ICAO) terminology,

·    Foreign airport training and practices, and

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·    Transition altitudes.

6)    Runway/Taxiway Signage, Low Visibility Operations, etc.

·    Recent changes in signage and markings,

·    Large airports/small airport variances,

·    Runway markings,

·    Taxiway markings/lights, and

·    Ground and approach lighting systems.

E.    Flight Training Segment. The flight training segment will be designed as an LOS event intended to provide a replication of operations within the NAS. It must be designed to realistically simulate, within the limitations of flight simulator technology, a view of the ATC environment that flightcrews may encounter when operating in the NAS. It is not necessary to include all of the following under varying operational environments.

1)    LOS Training Events.

·    Normal operations,

·    ATC normal, abnormal, and emergency operations,

·    Low visibility taxi and takeoff (use of enhanced taxiing markings and ATC interactions),

·    Short approach request,

·    Tailwind landing request <10 knots,

·    Speed restrictions and expedite requests (e.g., 80 knots to the marker),

·    Expedite to an altitude (may be up or down),

·    Unexpected clearance to a new fix (flight management system (FMS) exercise),

·    Visual approach,

·    Special approaches (RNP subject to special requirement, lateral approach procedures with vertical guidance (LPV), precision runway monitor (PRM) etc.),

·    Traffic alert,

·    Traffic Alert and Collision Avoidance System (TCAS) alert,

·    Uncontrolled field approach,

·    Special airport operation,

·    Special route authorizations,

·    RNP approaches and departures,

·    Equipment failures affecting navigation reliability, and

·    Other events that the training center may deem appropriate.

2)    LOS Program Training Schedule. The training center must submit enough LOS scenarios to ensure that students do not repeat the same program throughout the approved deviation time period.

RESERVED. Paragraphs 3-4394 through 3-4408.