AFS

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- 39571

- E Exemption No. 10888 A Regulatory Docket No. FAA

- 20 02

- 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 ba sis 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 aircr ew program designee for an FAA inspector to observe a qualifying pilot in command (PIC) who is completing initial or upgrade training specified in § 121.4 2 4 during at least one flight leg that includes a takeoff and a landing.

In your petition, you indica te 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

F AA 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 with in the 48 contiguous st ates of the United States including the District of Columbia.2

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, an d 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 delegat ed to me, Trans States is granted an extension to its exemption from § 121.434(c)(1)(ii) to substitute a qualified and authorize d check airman or aircrew program designee for an FAA inspector to observe a qualifying P IC who is completing initial or upgrade training specified in § 121.424 during at least one flight leg that in cludes 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

qua lifying 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 pr eparation, 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 ap proved 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 ;3

c. Not supervise the OE or conduct the initial line check for the qualifying

PIC candidate being o bserved ; 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 3 0 , 20 1 9 , unless sooner superseded or rescinded.

Sincerely,

/s/

John Barba gallo Deputy Director, Flight Standards Service4

Project No.: AXX

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- xxx

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Project Officer: _______________

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- 1/100/104:Program Office [or specific OPR routing symbol]

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