July 1, 2013 

### SENTVIA 

### FEDERAL EXPRESS U.S. Department ofTransportation Docket Management System 400

## ih Street, SW, Room PL-400 Washington, DC 20591-0001 

### RE: REQUEST FOR EXEMPTION ToWhom It MayConcern: 

### ZfH

## 3JUL 2**t~ ~._)**  f: 

### 31

This letter is to request that an exemption from compliance with 14 C.F.R. 121.434(c)(1)(ii) be granted to Trans StatesAirlines, LLC (hereafter "Trans States"). This exemption request is identical to exemption 8054 that was granted to Trans States, May 13, 2003, and extended on February 17, 2005 and May22, 2007. Trans States requests relieffrom thefollowing regulation: FAR 121.434(c)(1)(ii) prescribes, in pertinent part, that if a qualifying PIC is completing initial or upgrade training specified in §121.424, the PIC must be observed in the performance of prescribed duties by an FAA inspector during at least one flight leg that includes a takeoff and a landing. Trans States supports its requestwith the following information: The original intent of §121.434(c)(1)(ii), issued in early 1970, was to validate the training a pilot received in a visual simulator. Since that rule was adopted, the airline industry has had nearly three decades of experience with visual simulators and advanced simulation. The airlines have successfully trained tens ofthousands of pilots using sophisticated advanced simulators. Trans States believes the advanced simulation experience ofthe airline industry combined with that ofthe FAA has madethe present rule obsolete. Trans States asserts that delays caused by waiting until the FAA can observe a qualifying PIC are costly. Trans States asserts that because of limited labor and resources at the St. Louis, Missouri, Flight Standards District Office (FSDO), Trans States' Principal Operations Inspector (POl) has had difficulty providing personnel to perform operating experience (OE) observations on atimely basis. Recognizing it as an unacceptable long-term solution, Trans States has requested the use inspectors from other FSDO's; however, the results have been much less than adequate. Trans States asserts thatthe delays experienced as a result of a lack of adequate FAA resources are extensive, with a current back log of 10 Captain

11495 Navaid Road, Suite 340, Bridgeton, Missouri 63044 314.222.4316 office, 314.222.4311 fax, dhayes@transstates.netcandidates who are otherwise ready for line flight, but are still awaiting support from the FSDO staff in the conduct of the required FAA observation. These pilots were originally planned to be flying the line by mid-June. An additional 10 Captain candidates will be ready for required observations in July, and their completion dates must be pushed back to accommodate those Captains who were ready in June but were unable to be observed. Further exasperating the backlog is the inability of the FSDO to add staff as a result of sequestration.



## . Trans States further asserts that the FAA has the authority to, and routinely does, observe any pilot at anytime. However, the FAA conducts these routine observations on a schedule thatthe local office sets withoutthe burden of having to observe a particular pilot on specific flights necessitated bythe airline's training and service schedule. Trans States contends that relieving the FAA inspectors oftheir obligation to observe pilots as required under§121.434(c)(1)(ii) would allowthe FAAto focus its efforts on higherpriority safety concerns. Additionally, relief from this requirement would allow the FAA to focus its resources on the creation ofadditional APDs and Line CheckAirmen, an undertaking which has also been negatively impacted by lack of resources since the beginning of sequester. The airline submitted the names offour individuals for consideration as Line Check Airmen in December 2012, but did not receive final approval on the fourth individual until late May 2013. This was due in large partto a lack of resources atthe local FSDO. Trans States has been advised that at Safety Summit I, sponsored by the DOT and the FAA, one ofthe recommendations from the Training Issues Working Group was to allow a qualified company check airman to provide the FAA observation when an FAA inspector is not available. Trans States adds that this would allow the FAA to target its personnel on those area deserving higher priority and attention and, thus, provide a more cost-effective use of an inspector's time. Trans States Airlines states on information and belief that this Safety Summit I recommendation has been endorsed at all levels ofthe FAA as an action that clearlywould benefitthe FAA and airlines. Trans States believes thatthe exemption would be in the public interestas itwould: 1. Allowthe FAA greaterflexibility and better use ofits inspection force byfocusing on higher priority safetyfunctions; 2. AllowTrans States Airlines to use a qualified pilot immediatelyaftercompleting OE; 3. AllowTrans States Airlinesto significantly increasethe use ofqualified pilots and improve its abilityto provide on-time, dependable air service tothe public; and 4. AllowTrans StatesAirlines to reduce the unnecessarycost ofwages and lost productivityforthose qualified pilots waiting forthe FAAobservation.5. AllowTrans States Airlines to compete on equal playing field with other regional airlines who carrythe same oflike exemption. Trans States further adds that, in some instances, the FAA inspector performing the observation may not even be qualified in the airplane being flown. By allowing a company check airman who is highly qualified in the airplane to complete the observation, a greater level ofscrutiny and objectivitywould be provided forthe qualifying PIC. Finally, Trans States proposes that the requested exemption be subject to the following conditions and limitations, ifgranted: 1. Trans StatesAirlines would submitto its POl an estimate ofthe numberof PICs completing training and a plan ofhowOE observations would be conducted. The plan would be approved bythe POl before a qualified check airman began an OE observation. 2. Trans StatesAirlines would nominate qualified check airmen to perform the OE observation, and the FAAwould approvethe qualified check airmen to conduct the observation through a letterofauthorization. 3. Trans StatesAirlines would only usethe FAAapproved check airmen when the POl indicated thatthe FSDO is unableto supply resources to supportthe required observation. 4. The requirement of§121.434(c)(1)(ii) would be considered fulfilled ifa FAAauthorized check airman performsthe observation. The observation requirement would be documented in the qualifying pilot's record. 5. The authorized check airman would be a check airman otherthan the one who is conducting the OEflights ofthe qualifying pilot. Thank you for your consideration ofour request ofthis exempti information please call me at314-222-4316.

David 

### J.

. Hay s, Ill Vice President 

### &Gene I unsel Trans States Holdings, Inc. 11495 Navaid Road, Suite 340 Bridgeton, MO 63044 (314) 222-4316- Telephone

(314) 222-4311 -Facsimile dhayes@transstates. net AttorneyforTrans StatesAirlines, LLC