AFS

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- E May 20, 2013

Exemption No. 10771 Regulatory Docket No. FAA

- 2008

- 0904

Mr. Kurt M. Kamrad Vice President Flight Operations

Miami Air International

P.O. Box 6608 80 Miami, FL 33266

Dear Mr. Kamrad :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By date posted December 17, 2012 , you petitioned the Federal Aviation Administration (FAA) on behalf of Miami Air International ( Miami Air ) for an extension of Exemption

No. 9757

. That exemption from § 121.434(c)(1)(ii) of Titl e 14, Code of Federal Regulations

allow ed Miami Air to substitute a qualified and authorized check airman or aircrew program designee for an FAA inspector to observe a qualifying pilot in command (PIC) who is completing initial or upgrade training specifie d in § 121.424 during at least one flight leg that includes a takeoff and a landing. That exemption, however, expired on August 31

, 2012 ; therefore, we will treat your request as a new petition.

The FAA has determined that good cause exists for not publi shing 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 would be detrimental to Miami Air

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8054 (copy enclosed), the FAA found that subject to certain conditions and limitations, the requirement for an FAA inspector2

to observe a qualifying PIC before he/she begins operations in an airplane unsupervised may be conducted by and satisfied by the certificate holder’s check airman or aircrew program designee. The FAA found that this could be accomplished without reducing the level of safety provided by the regul ation.

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 8054 ;

• the reasons stated by the FAA for granting the enclosed Gra nt of Exemption No. 8054 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Miami Air International an exemption from 14 CFR § 121.434(c)(1)(ii) to the extent necessary to allow Miami Air to substitute a qualified and authorized check airman or aircrew program designee for an FAA inspector to observe a PIC who is completing init ial or upgrade training specified in § 121.424 during at least one flight leg that includes a takeoff and a landing, subject to the conditions and limitations described

below.

Conditions and Limitations

1. A Miami Air check airman or aircrew program designe e may conduct a

PIC observation in place of an FAA inspector when

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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. Miami Air, therefore, m ust 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 operating experience (OE) and accomplished no fewer t han 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 Miami Air check airman or aircrew program designee conducting a PIC observation in place of an FAA inspector must

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a. Be approved by the Administrator to conduct the observation;

b. Have served as a check airman or aircrew program designee for Miami Air 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. Miami Air must maintain student, check airman, and aircrew program designee records that demonstrate complian ce with the conditions and limitations of this exemption.

This exemption terminates on May 31 , 2015

, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service

Enclosure