L AW O FFICES



# G AROFALO 

# G OERLICH 

# H AINBACH PC

1200 N EW H AMPSHIRE A VENUE NW

∙ S UITE 59 0

∙ W ASHINGTON DC 20036

- 6802

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December 31 , 2014

VIA FDMS

Federal Aviation Administration

Office of the Chief Counsel

Office of Rulemakings

800 Independence Avenue, S

. W

. Washington, D

. C

. 20591

Petition of Aerodynamics Inc. for an Exemption from 14 CFR 121.434(c)(1)(ii)

Ladies/Gentlemen :

Aerodynamics Inc orporated ( ADI )

, holder of Air Carrier Certificate N umber BUEA634C

, petitions

f or an e xemption granting relief from section 121.434(c)(1)(ii) of the Federal Aviation Regulations (FAR)

to permit ADI to substitute a qualified, authorized company check airman in place of a Fe deral Aviation

Administration inspe ctor to observe a qu alifying pilot

- in

- command (PIC ) while that PIC performs

p rescribed duties during at least one flight that includes a takeoff and landing

, when completing initial

or upgrade training as specified in FAR 121.424. ADI requests that the ex emption be granted as

soon as possible and remain in effect for at least two years.

This petition is submitted under FAR 11.61

. For the reasons discussed below, ADI

submits that a summary of this petition need not be published in the Federal Register;

ne vertheless, ADI has attach ed a summary of the petition in accordance with FAR 11.81(f).

Relief Requested

ADI seeks relief from FAR 121.434(c)(1)(ii) . That section provides in pertinent part :

[I] f a qualifying pilot in command is completing initial or u pgrade training specified in §

121.424, [ he or she must] be observed in the performance of prescribed duties by an FAA

inspector during at least one fight leg which includes a takeoff and landing.

Relief is requested as specified in the initial paragraph of this petition.

Supporting Information

ADI

, which maintains its operational base in the Atlanta area, conducts P art 121

domestic and international passenge r charter service using a fleet of five Embraer EMB

- 145 aircraft

. ADI’s operations have expanded considerably over the past 18 months and are anticipated to continue

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# G OERLICH 

# H AINBACH PC

Federal Aviation Administration

December 31 , 2014

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growing, including the introduction of scheduled service in the near future. It is apparent th ere is only

limited manpower available at the FAA’s Atlanta Certificate Management Office t o perform the

increasing number of observations required by FAR 121.434(c)(1)(ii) in light of ADI's growing

operations

.

FAR 121.434(c)(1)(ii) was issued in 1970 with the intention of validating training received by

pilots in flight simulators. In the la st 4 5 years, however, the airline industr y and the FAA ha ve

gained extensive experience with visual simulators and advanced flight simulation

. Ca rriers have

t rained many t housands of pilots very successfully using sophisticated flight simulators

, to a

deg ree that th e industry’s and the FAA’s combined experience has rendered FAR 121.434(c)(1)(ii)

arguably o bsolete.

T he check airmen ADI will use to satisfy the requirements of FAR 121.434(c)(1)(ii) will be

highly qualified in the aircraft type flown and full y experienced with ADI's specific operating

procedures and typical r outes. A llowing ADI check airme n to co nduct the required

observation s will result in a very high level of scrutiny and objectivity in evaluating the

qualifying PIC.

The exemption request ed here would be in the public interest for a variety of reasons.

I t would reduce unnecessary costs that may influence the price of services to the public and improve

ADI’s ability to pr ovide on

- time, dependable air transportation to its customers. It wou ld allow the FAA

to conserve its limited resources and enable greater flexibility and better use of the agency ’s

inspection force by focusing on higher priority safety functions. It would enable ADI to assign a

qualified pilot as PIC more prompt ly upon co mpleti on of operating experience requirements.

And, i t w ould help enable ADI pilots to m eet , in a timely fashion, the consolidation

- of

- skills

require ments of FAR 121.434(g), making qualification a continuous process with minimal

extraneous interruptions, as intended by the FAR s.

Grant of the requested exemption w ill have no adverse effect on safety

. T he

authorized check airmen will be highly trained and experienced as discussed above . They will

be specifically approved by the FAA to perform th e check ai rman function and will be used to fulfill

FAR 121.434(c)(1)(ii) only wh en a qualified FAA inspector is unavailable . The FAA will retain

authority to observe any ADI pilot at any time during line operations.

Additionally, s af ety will not be adversely a ff ected because ADI proposes to comply with

conditions and limitations that are substantially identical to the standard conditions and limitation s the

FAA has established for exemptions of this type ( of which many have been issued ) , as follows :

1. An ADI check airman 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. ADI,

therefore, mu st contact an appropriate FAA office, in each instance, before

substituting th e check airman;

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Federal Aviation Administration

December 31 , 2014

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b. The qualifying PIC candidate has completed no less than 10 hours of supervised

operating experience (OE) and has accomplished no fewer than two takeoffs and

landi ngs; 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 ADI chec k airman 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 for ADI for no less than six months ; and

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

candidate being observed.

3. ADI must maintain student and check airman records that demonstrate compliance with

the conditions and limitations of this exemption.

Request for Waiver of Publication in the Federal Register

A DI submits that the FAA should act on this petition without a comment period or other delay.

G ood cause exists to dispense with publication of a summary of this petition in the Federal Register

, as

the relief requested is substantially identical to numero us exemptions the FAA has granted previously,

and a grant of this petition would not set a precedent. See FAR 11.87.

* * *

T hank you for your time and attention. If there are any questions, please feel free to contact us.

Sincerely,

Aaron A. Goerlich

Jason E. Maddux

G AROFALO G OERLICH H AINBACH PC

Counsel for Aerodynamics Inc.

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# H AINBACH PC

Federal Aviation Administration

December 31 , 2014

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ATTACHMENT

Federal Register Summary

As stated in the foregoing petition, ADI respectfully requests a waiver of t he publication and comment

requirements pursuant to FAR 11.87. Nevertheless, in accordance with FAR 11.81(f), a summary of this

p etition is as follows:

Petitioner: Aerodynamics Inc.

Rule from which Exemption is Sought: 14 C F R § 121.434(c)(1)(ii)

Brief Description of Relief Sought: E xemption permit ting Aerodynamics Inc. 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 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 CFR § 121.424.