AFS-16-39571-E

 Exemption No. 10888A

 Regulatory Docket No. FAA-2002-12947

Mr. David Hayes 

Vice President and General Counsel

Trans States Airlines, LLC

11495 Navaid Road

St. Louis, MO 63044

Dear Mr. Hayes:

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

10888, as amended. It is also to inform you that we have revised the conditions and 

limitations of your exemption. It explains the basis for our decision, describes its effect, and 

lists the conditions and limitations, including the date the exemption ends.

The Basis for Our Decision

By letter dated August 12, 2016, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Trans States Airlines, LLC (Trans States) for an extension of Exemption 

No. 10888. That exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations

(14 CFR) allows Trans States 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 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.

Trans States did not request use of this exemption outside of the United States. Therefore, the 

FAA has added a limitation to clarify that the privileges of this exemption may only be 

exercised when the affected flight is an interstate operation that does not involve flight 

through international airspace or operates totally within the 48 contiguous states of the United 

States including the District of Columbia.
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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 Trans States.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10888, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, Trans States is granted an extension to its exemption from 

§ 121.434(c)(1)(ii) 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 at least one flight leg that includes a takeoff 

and a landing, subject to the following conditions and limitations.

Conditions and Limitations

1. A Trans States 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. Trans States, 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 Trans States 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 Trans States 

for no less than 6 months;
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c. Not supervise the OE or conduct the initial line check for the qualifying 

PIC candidate being observed; and

d. Conduct the observation from the observer seat only (i.e., not a required 

flightcrew member seat).

3. Trans States must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption.

4. The privileges of this exemption may only be exercised when the affected flight is an 

interstate operation that does not involve flight through international airspace or operates 

totally within the 48 contiguous states of the United States including the District of 

Columbia.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10888, as amended, to 

November 30, 2019, unless sooner superseded or rescinded. 

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service
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Project No.: AXX-xx-xxx-E

Project Officer: _______________

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