May 30, 2012

U.S. Department of Transportation

Docket Management System

400 7th Street, S.W. Room PL 401

Washington, D.C. 20591-0001

Subject: Re-grant of Exemption 8175

Regulatory Docket No. FAA-2003-16403

Dear Sir/Madam:

Pursuant to Title 14, Code of Federal Regulations, Part 11.61, PSA Airlines, Inc. petitions the 

Administrator for a grant of exemption which will permit PSA Airlines, Inc. an exemption from 14 CFR 

121.434(c)(1)(ii) to the extent necessary 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 landing when 

completing initial or upgrade training as specified in 14CFR 121.434.

Section of the Federal Aviation Regulation (FAR) affected:

14 CFR 121.434(c)(1)(ii) (Operating Experience, Operating Cycles, and Consolidation of Knowledge and 

Skills) in pertinent part:

“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 a landing.”

Relief Requested:

This petition seeks relief from FAR 121.434(c)(1)(ii) when an FAA Inspector is unavailable to observe a 

qualifying pilot in command during any of the scheduled operating experience flights subject to the 

following conditions and limitations:

1. A PSA check airman or aircrew program designee may conduct a PIC observation in place of an 

FAA inspector whena. 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

operating experience (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 PSA 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 a check airman or aircrew program designee for PSA 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. PSA must maintain student, check airman, and aircrew program designee records that 

demonstrate compliance with the conditions and limitations of the exemption.

Discussion

The FAA has the authority to observe any pilot any time it wishes; and the FAA does so routinely. 

However, the FAA conducts these routine observations on a schedule the local office sets without the 

burden of having to observe a particular pilot on specific flights necessitated by the airline’s training and 

service schedule. Relieving FAA Inspectors form 121.434(c)(1)(ii) will allow the FAA to focus their 

efforts on higher priority safety concerns.

PSA Airlines expects 8 to12 new PIC’s per month to complete training indefinitely due to attrition.

Previous experience with this volume of training has had PSA waiting for up to 30 days waiting for an 

Inspector to observe a new PIC. Because of recent budgetary and travel constraints imposed on the FAA, 

our Certificate Management Office has struggled at times to provide personnel on a timely basis. Other 

FSDOs and national resources have been unable to support the volume of work that has been required. 

Delays in getting observations performed have been costly to the airline resulting in undue economic and 

operational burdens.

Grant of Original Exemption

PSA was previous granted this exemption on November 14, 2003 (Exemption No. 8175, Regulatory

Docket No. FAA-2003-16403), and again on June 20, 2007 (Exemption No. 8175A). This exemption 

expired on June 30, 2009. An extension was not requested at the time due to a reduction in training 

volume.

Benefits

Benefits to the FAA, PSA Airlines, and the traveling public remain the same as in the original 

application.
No Adverse Effect on Safety

Granting or using this proposed exemption would have no adverse effect on safety because:

1. The Check Airmen and Aircrew Program Designees authorized to conduct the observation will be 

approved by the FAA and will be highly trained and experienced with the particular airplane type.

2. The Check Airman and Aircrew Program Designees will only be used to fulfill the requirements 

of 14 CFR 121.434(c)(1)(ii) when a qualified FAA Inspector is not available; and

3. The FAA continues to have the authority to observe any pilot at any time during normal line 

operations

Request To Waive Publication Of Petition

Since the FAA has previously granted this exemption to PSA Airlines, and the granting of this exemption 

is not precedent setting, PSA Airlines requests that publication of our petition in the Federal Register be 

waived in accordance with 14 CFR 11.87(b). Any delay in granting this exemption will have an adverse 

impact on PSA Airlines’ flight operations.

Summary

In summary, the exemption focuses on the timely and competent completion of the observation flight and 

better utilization of qualifying pilots in command.

PSA Airlines petitions for an exemption from 14 CFR 121.434(c)(1)(ii), to permit them, at their 

discretion, when an FAA Inspector is not immediately available; to provide observation of a qualifying 

PIC when completing initial or upgrade training as specified in 14 CFR 121.434. PSA Airlines will 

substitute a qualified and authorized check airman or aircrew program designee to observe the qualifying 

pilot in command in the performance of prescribed duties subject to certain conditions and limitations.

Sincerely,

/s/

Gary M. Dybdal

Director of Training

PSA Airlines, Inc.