6331 Bryan Boulevard ∙ Greensboro, NC 27409 October 18, 2011

VIA ELECTRONIC SUBMISSION

U. S. Department of Transportation Docket Management System

400 7th Street, SW, Room PL401 Washington, DC 20591-0001

Ladies and Gentlemen:

In accordance with §11.61 of Title 14, Code of Federal Regulations (14 CFR), Dynamic Airways (2DYA562M) petitions the Administrator for an exemption from §121.434(c)(1)(ii) 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 prescr ibed duties during at least one flight that includes a takeoff and a landing when completing initial or upgrade training as specified in §121.434.

The specific section 121.434(c)(1)(ii) – OPERATING EXPERIENCE, O PERATING CYCLES, AND CONSOLIDATION OF KNOWLEDGE AND SKILLS reads in pertinent part:

“In addition, if a qualifying pilot in command is completing initial or upgrade training specified in FAR 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 a landing.”

This petition requests relief from §121.434(c)(1)(ii) in those circumstances when an FAA Inspector is unavailable to observe a qualifying pilot in command during any operating experience flights.

- Dynamic Airways will nominate qualified check airm en to perform this initial operating experience observation. The FAA will approve the qualifi ed check airmen to conduct the observation through a letter of authorization.

- The requirement of §121.434(c)(1)(ii) will be co nsidered fulfilled if the FAA authorized check airman performs the observation. The observation requirement will be documented in the qualifying pilot’s record.

- The authorized check airman would be a chec k airman other than the one who is conducting the operating experience flight s of the qualifying pilot.

The original intent of §121.434(c)(1)(ii), issued in 1970, was to validate the training that a pilot received in a visual simulator. Since the adoption of the rule, the airline industry has gathered more than 30 years of experience with basic and advanced simulation.

The FAA has the authority to observe any pilot any time at the discretion of the Administrator and continues to do so regularly. However, the FAA conducts these routine observations on a schedule defined by the local office without the requisite burden of specifying a particular flight or flight series necessitated by the carrier’s training and serv ice schedule. Relieving FAA Inspectors from §121.434(c)(1)(ii) will allow the FAA to focus the efforts on higher priority safety concerns.

Operational issues related with this request for exemption are listed below:

- The majority of Dynamic Airways operations are oft en short notice and international in nature. Scheduling of FAA personnel to observe a qualifying pilot in command on an international operation with short notice is difficult to impossible.6331 Bryan Boulevard ∙ Greensboro, NC 27409 As a result of these issues, many of our PIC candi dates are serving in OE status in excess of the hours required for the completion of the qualification segment while wait ing for FAA participation. This impacts our crew scheduling ability and places unnecessary financial burden on the company.

Granting of this exemption is in the public interest and would allow the FAA to focus its inspection force on higher priority safety issues. It would also provide for a higher level of PIC candidate scrutiny by using Dynamic Airways check airman who are mo re familiar with company operating policies and procedures while eliminating delays in OE comple tion. Additional benefits are realized in increased productivity and reducing unnecessary additional costs to the company.

Granting and using this proposed exemption woul d have no significant impact upon safety. The authorized check airman will be highly trained, experienc ed, and qualified in the specific aircraft type. In addition, any check airman used must be approved by the FAA. Dynamic Airways check airman will only be used to satisfy the requirements of §121.434( c)(1)(ii) when a qualified FAA Inspector is not available. The FAA has the authority to observe any pilot at any time during line operations.

Dynamic Airways is aware t hat the FAA has granted several exempti ons to individual operators for similar relief sought by this request. Therefore, since granti ng this exemption is not precedent setting, Dynamic Airways requests that publication of this petition in the Federal Regist er be waived in accordance with Section 11.87(b). Any delay in granting this exempt ion will have an adverse impact upon Dynamic Airways operations.

SUMMARY

Dynamic Airways Petition for an Ex emption to FAR 121.434(c)(1)(ii).

Dynamic Airways petitions the Admi nistrator for an exemption from § 121.434(c)(1)(ii) 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 t hat PIC is performing prescribed duties during at least one flight that includes a takeoff and a l anding when completing initial or upgrade training as specified in §121.434.

Should you have any questions or need additional in formation, please contact me at 540.908.9933 or rwalters@dynamicairways.com

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Respectfully Yours,

R. Rand Walters Director, Operations