AFS

- 13

- 508

- E November 5, 2013

Exemption No. 10890 Regulatory Docket No. FAA

- 20 11

- 0702

M s

. Alison Donway Horizon Air Industries, Inc.

8070 NE

. Airtrans Way Portland, OR 97218

De ar M s

. Donway :

This letter is to inform you that we have granted your petition to extend Exemption No. 10322. It explains the basis for our decision, describes its effect, and lists the conditions and

limitations.

The Basis for Our Decision

By letter da ted August 16, 2013

, you petitioned the Federal Aviation Administration (FAA)

on behalf of Horizon Air Industries, Inc. ( Horizon ), for an exemption from § 121.434(c)(1)(ii)

of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Horizon 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 specified in § 121.424 during at least one flight le g that includes a takeoff and a landing. That exemption, however, expired on August 31, 2013; therefore, we will treat your request as a new petition.

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

in the Feder al Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Horizon

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented i n 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 inspector 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 program2

designee

. The FAA found that this could be accomplished without reducing the level of safety provided by the regulation.

Having reviewed your reasons for reque sting 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 Grant of Exemption No. 8054 also apply to the sit uation 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 grant Horizon Air Industries, Inc., an exemption from 14 C FR § 121.434(c)(1)(ii) to the extent necessary to substitute a qualified and authorized check airman or aircrew program designee for an FAA inspector to observe a qualifying PIC who is completing initial or upgrade training specified in § 121.424 during a t least one flight leg that includes a takeoff and a landing , subject to the conditions and limitations listed below.

Conditions and Limitations

1. A Horizon 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 the FAA in

each case. Horizon , 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 operating 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 other flight phases, landing, taxi, and securing checklist

.

2. Each Horizon check airman or aircrew program designe e 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 Horizon for no less than 6 months; and

c. Not supervise the OE or cond uct the initial line check for the qualifying PIC candidate being observed.3

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

This exempti on terminates on November 30 , 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service