Volume 3 GENERAL TECHNICAL ADMINISTRATION
3-4391 TITLE 14 OF THE CODE OF FEDERAL REGULATIONS
(14 CFR) PART
142 DEVIATION OR WAIVER REQUEST AND PROCESSING.
Overview. According to part
142, § 142.9(a), the Administrator may issue a deviation or waiver from any of
the requirements of part 142. 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
1) When a training center submits an application
to the Federal Aviation Administration (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.
Training Center Program Managers (TCPM) are the FAA’s focal points for coordination
of a training center’s request for a deviation or waiver from a specific section
of a regulation. Requests for a deviation 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.
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
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
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 (QMS), 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 the TCPM receives
a request for a deviation or waiver, he or she will:
a) Open an office file, initiate Program Tracking and
Reporting 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).
Forward the application and comments to the part 142 regional coordinator or other appropriate regional Flight Standards
division (RFSD) branches for their review, evaluation, and subsequent transmission
to AFS‑200 (AFS‑200 will be responsible for making the final determination regarding
the deviation request).
When the RFSD returns deviation or waiver applications, review and advise the
training center of the FAA’s decision.
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 ad 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
e. During the validity period,
monitor and evaluate the effect of the deviation or waiver in relation to the
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 his or her 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.
b. Close the file with the appropriate
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.
Prepare a memo containing the results of the evaluation and recommendations
and forward the application package to the Air Carrier Training Systems and
Voluntary Safety Programs Branch (AFS‑280) for disposition. The correspondence
may be sent to 9-AFS-200-Correspondence@faa.gov.
d) After AFS‑200 returns the deviation or waiver application
1. Evaluate AFS‑200’s response
and comment, if desired.
2. Forward the response to
the TCPM for appropriate action.
e) If the TCPM advises 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
b) If the review supports approval or conditional approval:
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.
3. Prepare an appropriate
approval or conditional approval statement for the division manager’s signature.
Return the application package to the part 142 regional coordinator or other appropriate RFSD branch for onward transmission
to the TCPM.
c) If the review does not support approval:
1. Prepare a letter of denial
(to include the reason(s) for disapproval).
Return the application package to the part 142 regional coordinator or other appropriate RFSD branch 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 any of the items below apply, advise the center and remove the deviation
or waiver 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
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.
A deviation/waiver request job aid located on the AFS‑280 Web site (http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afs/afs200/branches/afs280/)
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).
Compliance with § 142.53(b). Section 142.53(b) requires that each training center instructor who provides instruction
in a full flight simulator (FFS) 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 FFSs 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
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
142.53(b) also establishes three options for complying with the line performance,
line observation requirements:
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 FFSs in which that instructor is designated to instruct.
Option 2 (§
142.53(b)(2)): Participate in an approved line observation program under
135 in the same aircraft type as the aircraft represented by the FFS 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.
Option 3 (§
142.53(b)(3)): Participate in an in-flight observation training course approved
142 that consists of at least 2 hours of flight time in an aircraft of the
same type as the aircraft replicated by the FFS 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.
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, flight deck observer’s 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
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
which option is used, part
142 flight instructors must meet the requirements of §
142.53(b) every 12 calendar-months.
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 FFS 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 §
1) Applies to simulator‑only flight instructors
and TCEs who conduct training, testing, or checking in level C or level D FFSs
(instructors who instruct only in level A or level B FFSs or flight training
devices (FTD) need not comply with the requirements of §
Does not apply to (and is not necessary for) instructors or TCEs who operate
actual aircraft that are representative of the FFSs 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).
4) Does not apply to training center flight
instructors or TCEs who provide training, testing, or checking for part 91K,
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 meet the requirements of §
142.53(b) by participating in an approved line observation program with
an air carrier (§ 142.53(b)(2)).
It is the responsibility of each air carrier to ensure that all of its authorized
instructors and check pilots 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) Program a minimum of 5 hours, not reducible, 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:
Be conducted in a level C or level D qualified FFS and consist of at least 4 hours of training made up of 2 hours acting as Pilot Flying (PF) 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.
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 and Balance (W&B)
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.
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.
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 flight deck
procedures), and adherence to standard operating procedure (SOP) (including
but not limited to deice/anti-ice systems operation).
A realistic ground environment at airports is required. Visual models used must
be equivalent in accuracy and fidelity to those used for FFS 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
Single-Pilot Training Programs. For training centers which only train
in aircraft operated by a single pilot and whose training program does not permit
any training, checking, or testing with more than a single pilot, then the LOS
required shall include 4 hours as PF instead of 2 hours of PF and 2 hours as
PM. In such cases, the following additional restrictions and limitations apply:
1) The training center has no training programs
for that aircraft make and model which allow training of a pilot in a crew environment,
meaning that all training, checking, and testing is performed as a single pilot.
2) The training center does not allow any other
person in the FFS to interact with the pilot, instructor, or evaluator during
any training, checking, or testing.
3) If an individual utilizes a single-pilot
line experience deviation and also performs duties in another aircraft type
which utilizes a crew environment, then a separate line experience program must
be completed for that aircraft type.
G. 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.
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.
142.53(b)(1) deviation training must be comprised of at least two segments:
a) Ground training, and
FFS (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:
Hold an unrestricted FAA pilot certificate to act as pilot in command (PIC)
for the specific type aircraft.
2) Have met the instructor qualification and training requirements of part
142 subpart C, except §
Have 1,500 hours experience either as PIC or second in command (SIC) in operations
in the same category and class of aircraft.
Experience in an aircraft with common aircraft avionic functionality (e.g.,
vertical navigation (VNAV)-capable, glass flight deck, RNP capability, advanced
ground proximity warning system (GPWS) display, or traditional instrumentation)
that the FFS 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) or Designated Examiner (DE)), part
91K check pilot, or part
135 check pilot or check Flight Engineer (FE), as applicable), and/or military
Ground Training Segment—Minimum Modules Content.
1) ATC Familiarization and Update. The training
center must develop a course that covers all the elements in subparagraphs 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
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
· 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.
· Common ATC terminology variations,
· International language and terminology considerations (if appropriate), and
· Realistic use in the training environment.
4) Vectoring—Appropriate Use and Training
· 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) International Civil Aviation Organization (ICAO)
Differences. Applicable for those training centers that provide instruction
for international operators:
· Variations between FAA and ICAO terminology,
· Foreign airport training and practices, and
· Transition altitudes.
6) Runway/Taxiway Signage and Low-Visibility Operations:
· Recent changes in signage and markings,
· Large airport/small airport variances,
· Runway markings,
· Taxiway markings/lights, and
· Ground and approach lighting systems.
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 FFS
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 (e.g., RNP subject to special requirement, lateral approach
procedures with vertical guidance (LPV), or precision runway monitor (PRM));
· 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.