AFS

- 12

- 093

- E **CORRECTION**

This letter corrects the December 22, 2011, letter we sent granting yo ur petition

. This copy amends the exemption number from 10413 to 10417

. We have made the correction in our records as of January

4, 2012. December 22, 2011 Exemption No. 10413 Regulatory

Docket No. FAA

- 200 7

- 0071
Mr. Ronald L . McKelvey Assistant Director of Operations Sky King, I nc. 910 Florin Road, Suite 200 Sacramento, CA 9583 1 Dear Mr. McKelvey : This letter is to inform y ou that we have granted y our petition to extend Exemption No. 9547, as amended. I t explains the basis for our decision, describes its effect, and lists the conditions and limitations. Please note that y our exemption has expired, therefore we will treat y our request as a new petition. Additionally , please note that yo ur exemption number has changed. **The Basis for Our Decision** By letter dated November 7, 2011, y ou petitioned the Federal Aviation Administra tion (FAA) on behalf of Sky

King, I nc. (Sky

King), for an extension of Exemption No. 9547, as amended. That exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations allows Sky King to substitute a qualified and authorized check airman or aircrew program designee for an FAA inspector to observe a qualify ing pilot in command (PI C) who is completing initial or upgrade training specified in § 121.424 during at least one flight leg that includes a takeoff and a landing. Iny our petition, y ou 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.2

The FAA has determined that good cause exists for not publishing a summary of the petitio n in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Sky King. The FAA has issued a grant of exemption in circumstances similar in all material respects to th ose presented in y our petiti on. I n Grant of Exemption No

. 9547 (copy enclosed), the FAA found that subject to certain conditions and limitations, the requirement for an FAA inspector to observe a qualifying PI C before he/she begins operations in an airpla ne unsupervised may be conducted by

and satisfied by

the certificate holder’s check airman or aircrew program designee. The FAA found that this could be accomplished without reducing the level of safety provided by

the regulation. Having reviewed y our re asons for requesting an exemption, I find that

—  they are similar in all material respects to relief previously requested in the e nclosed Grant of Exemption No

. 9547 ;  the reasons stated by

the FAA for granting the enclosed Grant of Exemption No

. 9547 also a pply to the situation y ou present; and  a grant of exemption is in the public interest. **Our Decision** Under the authority

contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I

hereby grant Sky

King, I nc., an exemption f rom 14 CFR § 121.434(c)(1)(ii) to the extent necessary to permit Sky

King to substitute a qualified and authorized check airman or aircrew program designee for an FAA inspector to observe a qualify ing PI C who is completing initial or upgrade training spec ified in § 121.424 during at least one flight leg that includes a takeoff and a landing, subject to the conditions and limitations described below. **Conditions and Limitations** 1. A Sky King check airman or aircrew program designee may conduct a PI C observati on in place of an FAA inspector when

— a. The Administrator preapproves the substitution for each observation of a qualify ing PI C candidate, thus reserving first right of refusal to the FAA in each case. Sky

King, therefore, must contact an appropriate FAA of fice, in each instance, before substituting that check airman or aircrew program designee; b. The qualifying PI C candidate has completed no less than 10 hours of supervised operating experience (OE) and accomplished no fewer than two takeoffs and landings; an d3
c. The qualifying PI C candidate is performing PI C 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 Sky

King check a irman or aircrew program designee conducting a PI C observation in place of an FAA inspector must

— a. Be approved by

the Administrator to conduct the observation; b. Have served as a check airman or aircrew program designee for Sky King for no less than 6 months; and c. Not supervise the OE or conduct the initial line check for the qualify ing PI C candidate being observed. 3. Sky King must maintain student, check airman, and aircrew program designee records that demonstrate compliance with the conditions and limitations of this exemption. This exemption terminates on December 31, 2013 , unless sooner superseded or rescinded. Sincerely , /s/ John S. Duncan Acting Director, Flight Standards Service

Enclosure