U.S. Department of Transportation

Docket Management Facility 

1200 New Jersey Avenue, SE West Building Ground Floor Room W12-140 

Washington, DC 20590

Subject: Petition for Exemption

Exemption from FAR §121.434(c)(1)(ii)

Sections of FAR Affected

§ 121.434 Operating experience, operating cycles, and consolidation of knowledge and 

skills. “... In addition, if a qualifying pilot in command is completing initial or upgrade 

training specified in §121.424, be observed in the performance of prescribed duties by 

an FAA inspector during at least one flight leg which includes a takeoff and landing... “

Discussion

The FAA has the authority to observe any pilot at any time it wished, and indeed the 

FAA does so routinely. However, the FAA conducts these routine observations on a 

schedule without the burden of having to observe a particular pilot on specific flights 

necessitated by the airline’s training and flight schedule. Partially relieving FAA

inspectors from FAR §121.434(c)(1)(ii) would allow FAA personnel to focus their efforts 

on higher priority concerns. Swift Air, LLC, currently operating five aircraft, is at a 

staffing level that necessitates timely observations in this part in order to maintain 

schedule integrity. Prospects of additional aircraft further complicate the scheduling, as 

adding one aircraft to our fleet results in a 70% increase in pilot staff. The nature of our 

business operating non-domestic flights also adds to the complexity to arrange timely 

observations, and an exemption would improve Swift Air`s ability to provide on-time, 

dependable service to the public, and in the long run would be able to reduce 

unnecessary costs that might influence the price of its services to the public. Past 

experience during pilot workforce expansion has resulted in delays while the FAA 

arranges for qualified observers, obtained necessary visas and/or U.S. State 

Department clearances. Due to lack of limited labor and resources at the Phoenix CMO 

Swift Air principal operations inspector (POI) has been unduly taxed trying to

accommodate Swift Air to provide personnel to perform operating experience (OE). The 

Phoenix office has tried to use inspectors from other offices in the past, but results have 

been inconsistent.
Finally, Swift Air proposes that a grant of exemption be subject to the following 

conditions and limitations:

1. A Swift Air Check Airman may conduct a PIC observation in place of an FAA 

inspector when:

a. The Administrator pre-approves that substitution for each observation of a 

qualifying PIC candidate, thus reserving first right of refusal to the FAA in each 

case;

b. The qualifying PIC candidate has completed no less than 10 hours of supervised 

OE and accomplished no fewer than two takeoffs and landings; and

c. The qualifying PIC candidate is performing PIC duties during a complete flight leg, 

including flight deck preparation, before starting engines checklist, taxi, takeoff, all 

other flight phases, landing, taxi, and securing checklist.

2. Each Swift Air Check Airman who conducts a PIC observation in place of an FAA 

inspector must:

a. Be approved by the Administrator to conduct the observation,

b. Be qualified and current to perform PIC duties for Swift Air in the airplane being 

operated,

c. Have served as a Check Airman for Swift Air for no less than 6 months, and

d. Not supervise the OE or conduct the initial line check for the qualifying PIC 

candidate being observed.

3. Swift Air will maintain student and Check Airman records that demonstrate 

compliance with the conditions and limitations of the exemption.

Public Interest

This proposal would benefit the public as a whole, as a grant of the exemption would 

give the FAA greater flexibility and better use of its inspectors by allowing them to focus 

on higher priority system safety concerns. Under a grant of exemption, Swift Air would 

be able to use a qualifying PIC immediately after the PIC has completed OE, 

significantly increasing the productivity of our crewmembers, reducing the unnecessary 

cost of wages and lost time for PICs waiting for an FAA observation.

The grant of exemption would provide a level of safety at least equivalent to that 

provided under the regulation and in fact in some instances, will increase the level of 

safety. During some FAA observations the FAA inspector performing the observation 

may not be qualified the in the airplane or areas of operation for the aircraft and route 

being flown. A Swift Air Check Airman, who is highly qualified in the aircraft will be able

to provide Swift Air and the qualifying PIC with a greater level of scrutiny and objectivity. 
The FAA would still have the authority to observe any pilot at any time during line 

operations.

Exemption not Precedent Setting

Swift Air understands that the FAA has granted several exemptions to individual 

operators for similar relief sought by this request. Therefore, since granting the 

exemption is not precedent setting, Swift Air requests that publication of our petition in

the Federal Register be waived in accordance with Section 11.27(j)(3) as a delay for 

publication and comment procedures in the Federal Register would be detrimental to 

Swift Air. Further, Swift Air has held this exemption in the past until it`s expiry. 

Summary

Swift Air petitions the Federal Aviation Administration (FAA) for an exemption from

§121.434(c)(1)(ii). The partial exemption from §121.434(c)(1)(ii) of Title 14, Code of 

Federal Regulations (14 CFR), subject to certain conditions and limitations, would 

permit Swift Air, LLC, to the extent necessary, to substitute a qualified and authorized 

Check Airman in place of an FAA inspector to observe a qualifying pilot-in-command 

(PIC) while that PIC is performing prescribed duties during at least one flight that 

includes a takeoff and a landing when completing initial or upgrade training as specified 

in §121.434. Additionally the proposed exemption, if granted, would allow the 

substitution only at the discretion of the POI.

Respectfully,

Douglass Chouinard

Chief Pilot

Swift Air, LLC. I5EA212N

dchouinard@flyswiftair.com