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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 Incorporated (ADI), holder of Air Carrier Certificate Number BUEA634C, petitions 

for an exemption 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 Federal Aviation 

Administration inspector to observe a qualifying pilot-in-command (PIC) while that PIC performs 

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submits that a summary of this petition need not be published in the Federal Register; 

nevertheless, ADI has attached 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 upgrade 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 Part 121 

domestic and international passenger 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
GAROFALO GOERLICH HAINBACH PC

Federal Aviation Administration

December 31, 2014

Page 2

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

limited manpower available at the FAA’s Atlanta Certificate Management Office to 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 last 45 years, however, the airline industry and the FAA have

gained extensive experience with visual simulators and advanced flight simulation. Carriers have

trained many thousands of pilots very successfully using sophisticated flight simulators, to a 

degree that the industry’s and the FAA’s combined experience has rendered FAR 121.434(c)(1)(ii)

arguably obsolete.

The 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 fully experienced with ADI's specific operating

procedures and typical routes. Allowing ADI check airmen to conduct the required 

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

qualifying PIC.

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

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

ADI’s ability to provide on-time, dependable air transportation to its customers. It would 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 promptly upon completion of operating experience requirements. 

And, it would help enable ADI pilots to meet, in a timely fashion, the consolidation-of-skills

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

extraneous interruptions, as intended by the FARs.

Grant of the requested exemption will have no adverse effect on safety. The

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

be specifically approved by the FAA to perform the check airman function and will be used to fulfill

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

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

Additionally, safety will not be adversely affected because ADI proposes to comply with 

conditions and limitations that are substantially identical to the standard conditions and limitations 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, must contact an appropriate FAA office, in each instance, before 

substituting the check airman;
GAROFALO GOERLICH HAINBACH PC

Federal Aviation Administration

December 31, 2014

Page 3

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 

landings; 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 check 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 line 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

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

Good cause exists to dispense with publication of a summary of this petition in the Federal Register, as

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

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

* * *

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

Sincerely,

Aaron A. Goerlich

Jason E. Maddux

GAROFALO GOERLICH HAINBACH PC

Counsel for Aerodynamics Inc.
GAROFALO GOERLICH HAINBACH PC

Federal Aviation Administration

December 31, 2014

Page 4

ATTACHMENT

Federal Register Summary

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

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

petition is as follows:

Petitioner: Aerodynamics Inc.

Rule from which Exemption is Sought: 14 CFR § 121.434(c)(1)(ii)

Brief Description of Relief Sought: Exemption permitting 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.