AFS-10-355-E August 26, 2010 Exemption No. 9757A Regulatory Docket No. FAA-2008-0904

Mr. Kurt M. Kamrad Vice President Flight Operations

Miami Air International

P.O. Box 660880 Miami, FL 33266

Dear Mr. Kamrad:

This letter is to inform you that we have granted your petition to extend Exemption No. 9757. It explains the basis for our decision, describes its effect, and lists the conditions and

limitations.

The Basis for Our Decision

By letter dated August 3, 2010, you petitioned the Federal Aviation Adm inistration (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 Title 14, Code of Federal Regulations allows 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 specified in § 121.424 duri ng at least one flight leg that includes a takeoff and a 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 extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Miami Air.2

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 9757 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, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. A Miami Air 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. Miami Air, 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 Miami Air check airman or 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 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 compliance with the conditions and limitations of this exemption.3

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 9757 to August 31, 2012, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 9757 remain the same. This letter must be attached to, and is a part of, Exemption No. 9757.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service