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March 2, 2015

By Electronic Submission

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Petition of Republic Airline Inc. for Extension of

FAA Exemption No. 9346C, Regulatory Docket No. FAA-2007-28086

Dear Sir or Madam:

Republic Airline Inc. (“Republic”) hereby petitions the Administrator of the Federal

Aviation Administration (“FAA”), pursuant to 14 C.F.R. Part 11, for an extension of FAA

Exemption No. 9346C, last issued to Republic on April 19, 2013, exempting Republic from the

requirements of 14 C.F.R. § 121.434(c)(1)(ii), thereby allowing Republic to substitute a qualified

and authorized check airman or aircrew program designee 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 leg that includes a takeoff and a landing when completing initial or

upgrade training as specified in § 121.424.1

Exemption No. 9346C terminates on June 30, 2015. Republic respectfully requests that

this exemption be extended for at least two additional years, through June 30, 2017. Republic

hereby incorporates by reference all relevant information previously submitted in the instant

docket. Republic submits that further extension of this exemption is in the public interest and

will provide an equivalent level of safety -- findings that the FAA made in granting the initial

exemption to Republic on June 22, 2007, and in the subsequent extensions of the exemption.2

1

Section 121.434(c)(1)(ii) prescribes, in pertinent part, that if a qualifying PIC is completing initial or upgrade

training specified in § 121.424, the PIC must be observed in the performance of prescribed duties by an FAA

inspector during at least one flight leg that includes a takeoff and a landing.

2

The FAA has made similar findings and has granted (and extended) exemptions to similarly situated

applicants. See, e.g., Exemption No. 7353G (Docket FAA-2002-12009; Chautauqua Airlines, Inc.); Exemption No.

8819D (Docket FAA-2006-26589; Shuttle America Corporation); Exemption No. 8054B (Docket FAA-2002-12947;

Trans States Airlines); Exemption No. 8598B (Docket FAA-2005-21877, Freedom Airlines); Exemption No. 9758C

(Docket FAA-2008-0930; Great Lakes Aviation); Exemption No. 7504F (Docket FAA-2002-13930; Pinnacle).
U.S. Department of Transportation

Federal Aviation Administration

March 2, 2015

Page 2

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Good cause exists for the FAA to act on this Petition without delay, and without

publishing a summary in the Federal Register or awaiting comments, pursuant to 14 C.F.R.

§ 11.87. No new precedent will be established by extending the existing exemption previously

granted to Republic.

Republic urges the FAA to grant this non-controversial request for an extension of

Exemption No. 9346C prior to the June 30, 2015 expiration date. In the event that the FAA

does not act on this Petition prior to that date, Republic hereby invokes and relies upon the

automatic extension provisions of the Administrative Procedure Act, 5 U.S.C. § 558(c), to the

extent that such relief is consistent with the FAA’s rules, policies, and procedures, in order to

continue the effectiveness of Republic’s current exemption pending the FAA’s final

determination on this petition.

Republic submits the following information in further support of this request:

The original intent of § 121.434(c)(1)(ii), issued in early 1970, was to validate the training

a pilot received in a visual simulator. Since that rule was adopted, the airline industry has had

over 40 years of experience with visual simulators and advanced simulation. The airlines have

successfully trained tens of thousands of pilots using sophisticated advanced simulators.

Republic believes the advanced simulation experience of the airline industry combined with that

of the FAA has made the present rule virtually obsolete.

The FAA has for many years routinely granted similar requests for exemptions, subject

to certain conditions and limitations, finding that there is an equivalent level of safety in allowing

airlines to substitute a qualified and authorized check airman in place of an FAA inspector to

satisfy the observation requirements. Republic submits that (a) the facts presented by Republic

do not differ materially from those previously presented by Republic and by similarly situated

petitioners; (b) the reasons stated by the FAA for previously granting the exemption to Republic

and to similarly situated petitioners also apply to the situation presented herein by Republic; and

(c) extension of Republic’s exemption is in the public interest.

Republic currently expects that it may need to certify new PICs each year. Republic

states that granting this exemption would allow --

1. The FAA greater flexibility and better use of its inspection force by focusing on higher

priority safety functions;

2. Republic to use a qualified pilot immediately after completing OE;

3. Republic to significantly increase the use of qualified pilots and improve its ability to

provide on-time, dependable air service to the public; and

4. Republic to reduce the unnecessary cost of wages and lost productivity for those

qualified pilots waiting for the FAA observation.
U.S. Department of Transportation

Federal Aviation Administration

March 2, 2015

Page 3

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By allowing a company check airman who is highly qualified in the airplane to complete

the observation, a greater level of scrutiny and objectivity would be provided for the qualifying

PIC, thus enhancing the level of safety.

Finally, consistent with the conditions and limitations set forth in Exemption No. 9346C,

Republic proposes that the extended exemption be subject to the same conditions and

limitations, as follows:

1. A Republic check airman or aircrew program designee 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. Republic, therefore, must contact an appropriate FAA office in each

instance before substituting that check airman or aircrew program designee.

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 flightdeck preparation, before starting engines checklist, taxi,

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

2. Each Republic check airman or aircrew program designee conducting a PIC observation

in place of an FAA inspector must—

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

b. Have served as check airman or aircrew program designee for Republic for no

less than 6 months; and

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

candidate being observed.

3. Republic must maintain student, check airman, and aircrew program designee records

that demonstrate compliance with the conditions and limitations of this exemption.

The FAA has previously determined that compliance with these conditions and

limitations would ensure an equivalent level of safety and would be in the public interest.

Republic will continue to comply with the conditions and limitations to the exemption, thereby

ensuring an equivalent level of safety for its operations.
U.S. Department of Transportation

Federal Aviation Administration

March 2, 2015

Page 4

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WHEREFORE, for the foregoing reasons, Republic respectfully requests that the FAA

extend and issue the exemption, as requested herein.

Respectfully submitted,

Patrick R. Rizzi

Counsel for REPUBLIC AIRLINE INC.

patrick.rizzi@hoganlovells.com

Attachment

cc: Kevin Thomas, Indianapolis FSDO

Kevin Cline, Director of Operations, Republic
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ATTACHMENT

FEDERAL REGISTER SUMMARY

As stated in the foregoing petition for exemption, Republic Airline Inc. respectfully requests a

waiver of the publication and comment requirements under 14 C.F.R. § 11.87. Nevertheless, in

accordance with § 11.81(f), a summary of this Petition for an Extension of Exemption No. 9346C, for

publication in the Federal Register is as follows:

Docket No.: FAA-2007-28086

Petitioner: Republic Airline Inc.

Section of the FAR Affected: 14 C.F.R. § 121.434(c)(1)(ii)

Description of Relief Sought: To extend Exemption No. 9346C to permit Republic

Airline Inc. to substitute a qualified and authorized check airman or aircrew program

designee 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 leg that includes a

takeoff and a landing when completing initial or upgrade training as specified in 14

C.F.R. § 121.424.