AFS

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- E October 24, 2013

Exemption No. 10375 A Regulatory Docket No. FAA

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Mr. Steve Ostrander Director, Pilot Training and Flight Standards/Safety Allegiant Air, LLC 8360 South Durango Drive Las Vegas, NV 89113

Dear Mr. Ostrander :

This letter is to inform you that we have granted your petition to extend Exemption No.

10375 . It explains the basis for our decision, describes its effect, and lists the conditi ons and

limitations.

The Basis for Our Decision

By letter dated July 22 , 201 3 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Allegiant Air, LLC (Allegiant )

, for an extension of Exemption No. 10375. That exemption from § 121.434(c) (1)(ii) of Title 14, Code of Federal Regulations (14 CFR) allow s Allegiant to substitute a qualified and authorized check airman or aircr ew program designee

for an FAA i nspector to observe a qualifying pilot in command (PIC) who is completing initial or up grade training specified in § 121.424 during at least one flight leg that includes a takeoff and landing

.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition wo uld be detrimental to Allegiant

.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10375 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, Allegiant Air, LLC is granted an extension to allow it to substitute a qualified and authorized check airman in place of an FAA inspector to observe a qualifying 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 § 121.424 , subject to the following conditions and limitations.

Conditions and Limitations

1. A n All egiant check airman or aircrew program designee 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 t he FAA in each case. Allegiant , therefore, must contact an appropriate FAA office, in each instance, before substituting that check airman or aircrew program designee ;

b. The qualifying PIC candidate has completed no less than 10 hours of supervised operat ing 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 flightdeck preparation, before starting engines checklist, taxi, takeoff, all o ther flight phases, landing, taxi, and securing checklist.

2. Each Allegiant check airman and 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 Allegiant 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

3. Allegiant must maintain student, check airman, and aircrew program designee records that demonstrate compliance with the conditions and limitations of this exemption.

This exemption terminates on October 3 1 , 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards Service