### OMNI A **IR INTERNA TIONA**  **L**

**P.O. BOX 582527**  **TULSA, OK 74158**  **918 -**  **836 -**  **5393**  **FAX: 918 -**  **831 -**  **3098** June 30, 2015 U.S. Department of Transportation Docket Operations, M30 We st Building ground floor Room W1 2

- 140 1200 New Jersey Avenue, SE. Wa shington, D.C. 20590 Re: Petition for extension to exemption 8644 from 14 CFR §121.434(c)(1)(ii) FAA Doc ket Number FAA
- 2005

- 22497 Ladies and Gentlemen: Pursuant to Federal Aviation Regulation (“FAR”) §11.25, (14 CFR §11.25), Omni Air International (“OAI”) hereby requests a two
- ye ar extension of Exemption 8644 from FAR §121.434(c)(1)(ii) in order to permi t OAI to substitute a qualified and authorized Check Airman or Aircrew D esignee in place of an FAA inspector to observe a qualify ing 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 upgrade training as specified in FAR §121.424. This substitution now occurs only with FAA

- approved Check Airmen when an FAA inspector is not immediately available, and would be subject to other conditions and limitations set forth below. OAI’s existing exemption expires September 30, 2013. **THE A FFECTED F**  **AR** FAR §121.434(c)(1)(ii) states, in pertinent part, that if a qualifying PIC is completing initial or upgrade training specified in FAR §121.424, the PIC must be observed i n the performance of prescribed duties by an FAA inspector during at least one flight leg that includes a takeoff and a landing

. **NEED FOR THE EXEMPTION EXTENSION** The original intent of FAR 121.434(c)(1)(ii), issued in 1970, was to validate the trainin g that a pilot received in a visual simulator. Since the adoption of the rule, the airline industry has gathered many years of experience with basic and advanced simulation. The combined industry/FAA experience with advanced simulation has marginalized the original intent of the present rule. 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 service schedule. Relieving FAA Inspectors from FAR 121.434(c)(1)(ii) will allow the FAA to focus the efforts on higher prior it y safety concerns. Operational issues directly related to the impact of the FAR 121.434(c)(1)(ii) requirement upon Omni Air International are listed below: 1. Omni Air International operates 90% of its flights in the Euro

-Asian international environm ent under Department of Defense contract and must necessarily perform its PIC Operating Experience segments within that environment. 2. Scheduling of DoD flights is often short

- notice and unpredictable in nature and renders appropriate planning by local FAA office difficult or impossible.

### OMNI A **IR INTERNA TIONA**  **L**

**P.O. BOX 582527**  **TULS A, OK 74158**   **918 -**  **836 -**  **5393**  **FAX: 918 -**  **831 -**  **3091** 3. Domestic segments are often in positioning or non

- live configurations on weekends in preparation for international staging. 4. DoD contracts demand operational flexibility, schedule change/substitution, segment re

- routes, and other dynamic elements impacting the scheduling of FAA participation and render compliance with the FAR difficult or impossible in a manner that allows for efficiency in the completion of our OE requirements by rule. As a result of these and other issues, and in the absence of grant of this request, many of our PIC candidates would necessarily remain in OE status far in excess of the hours required or necessary for the com pletion of the qualification requirement while attempting to marry the appropriate FAA Inspector with the operational segment. OAI Check Airmen would be required to remain with PIC candidates who are otherwise qualified to matriculate to PIC status, negatively impacting productivity and incurring unnecessary financial burdens . Grant of this request for extension would continue to allow highly qualified com pany Check Airmen to complete the observation, and provide a greater level of scrutiny and objectivity for the qualifying PIC. The FAA grant of original petition under this docket number was based upon consideration of these factors of OAI operations. The nature of OAI operations remains unchanged since the original grant of petition and we respectfully submit that these factors continue relevance to this request. **PUBLIC I NTEREST**  Granting this exemption extension would continue to: 1. Allow the FAA greater flexibility and better use of its inspection force by focusing upon higher priority safety functions. 2. Allow Omni Air International the opportunity to employ a q ualified pilot immediately upon completion of the necessary operating experience. 3. Afford Omni Air International the opportunity to significantly increase use of qualified pilots and improve on - tim e, dependable air service to our customers, and, 4. Afford Omni Air International the opportunity to reduce the unnecessary costs of wages and lost productivity for those qualified pilots awaiting FAA observation. These costs directly and ultimately impact our ability to compete effectively in the marketplac e. **NO A DVERSE A**  **FFECT ON PUBLIC SA FETY**  Granting and using this proposed exemption would have no adverse effect upon safety for the reasons specified below: 1. The authorized Check Airman will be highly trained, experienced, and qualified in the partic ular aircraft ty pe and will be specifically authorized and approved by the FAA. 2. The Check Airman will only be used to fulfill FAR 121.434(c)(1)(ii) when a qualified FAA inspector is not available. 3. The FAA has the authority to observe any pilot at any time during line operations

### OMNI A **IR INTERNA TIONA**  **L**

**P.O. BOX 582527**  **TULSA, OK 74158**  **918 -**  **836 -**  **5393**  **FAX: 918 -**  **831 -**  **3098 CONDITIONS A**  **ND LIMITA TION OF THIS EXEMPTION EXTENSION**  OAI proposes that the requested exemption extension continue to be subject to the following conditions and limitations: 1) An Omni check airman or aircrew program d esignee may conduct a PIC observation in place of an FAA inspector when

— a) The Administrator preapproves that substitution for each observation of a qualifying PIC candidate, thus reserving first right of refusal to the FAA in each case; b) The qualifyi ng 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 Omni check airman or aircrew program designee conducting a PIC observation in place of an FAA inspector mus t

— a) Be approved by the Administrator to conduct the observation; b) Have served as check airman or aircrew designee for Omni for no less than 6 months; and c) Not supervise the OE or conduct the initial line check for the qualifying PIC candidate b eing observed. 3) Omni must maintain student, check airman, and aircrew program designee records that demonstrate com pliance with the conditions and limitations of this exemption. **REQUEST TO WA IVE PUBLICA**  **TION OF PETITION** Om ni Air International is awa re that the FAA has granted several exemption extensions to individual operators for similar relief sought by this request. Therefore, since granting this exemption extension is not precedent setting, Omni Air International requests that publication of thi s petition in the Federal Register be waived in accordance with Section 11.87(b).

### OMNI A **IR INTERNA TIONA**  **L**

**P.O. BOX 582527**  **TULS A, OK 74158**   **918 -**  **836 -**  **5393**  **FAX: 918 -**  **831 -**  **3091 SUMM**  **AR Y**  In summary , the original exemption focuses upon the timely and competent completion of the observation flight and better utilization of qualifying pilots in comman d. Om ni Air International petitions for an extension to exemption from FAR 121.434(c)(1)(ii) to continue to permit us at our discretion, when an FAA inspector is not available for such purpose; to provide for observation of a qualifying Pilot in Command w hen completing initial or upgrade training as specified in FAR 121.434. Omni Air International will substitute a qualified and authorized check airman to observe the qualifying pilot in command in the performance of prescribed duties subject to the conditi ons and lim itations specified. Sincerely,

Robert E. Zeng Director of Operations Om ni Air International 3303 N. Sheridan Rd. Hangar 19 Tulsa, OK 74115