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D-mRTMENT OF 

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December 17,2010 

Mr. John M.Allen 

Director, Flight Standards Service 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 

20591 

Re: Petition for Exemption from 14 CFR 121.434(c)(l)(ii) 

Dear Mr. Allen: 

Pursuant to Part 11 of the Federal Aviation Regulation ("FAR"), Spirit Airlines Inc. ("Spirit Airlines") 

petitions the Administrator for an exemption from 14 CFR 121.434(c)(l)(ii). Grant of this exemption 

would permit Spirit Airlines to substitute a qualified and authorized Check Airman or Aircrew Program 

Designee (APD) for an FAA Inspector to observe a qualifying Pilot In Command (PIC), during at least one 

flight leg that includes a takeoff and landing. Spirit Airlines would exercise this exemption only in 

accordance with the conditions the Administrator has attached to numerous similar requests.^ 

Exemption Requested 

Spirit Airlines seeks an exemption from 14 CFR 121.434(c)(l)(ii), which provides (in part) as follows: 

In addition, if a qualifying pilot in command is completing initial or upgrade training specified in 

121.424, be observed in the performance of prescribed duties by an FAA inspector during at 

least one flight leg which includes a takeoff and landing. 

Relief Requested 

This petition requests relief from 121.434(c)(l)(ii) in those circumstances when an FAA inspector is 

unavailable to observe a qualifying pilot in command during any of the scheduled operating experience 

flights. The requested exemption would be subject to the following conditions and limitations: 

^ See. e.g., Southwest Airlines Co. (Exemption 7132, Docket FAA FAA-2002-11485); Trans States Airlines, Inc. 

(Exemption 8054, Docket FAA-2002-12947); JetBlue Airways Corporation (Exemption 8099, Docket FAA-2003-

15446); and Alaska Airlines, Inc. (Exemption No. 8743, Docket FAA-2006-24996). 
1. Spirit Airlines will submit to its POI an estimate of the number of PICs completing 

training and a plan as to how the Initial Operating Experience (lOE) Observations are to occur. 

This plan would be approved by the POI prior to the initiation of lOE Observations by qualified 

Check Airmen or APDs. 

2. Spirit Airlines will nominate qualified Check Airmen or APDs to perform this lOE 

Observation. The FAA (POI) will approve the qualified Check Airmen or APDs to conduct 

Observation through a letter of authorization. 

3. Under the exemption the requirement of Section 121.434(c)(l)(ii) will be fulfilled if the 

observation is performed by an FAA-authorized Check Airman or APD. The Observation will be 

documented in the qualifying PICs training record. 

4. The Check Airman or APD conducting the lOE Observation will always be other than the 

one who is conducting the operating experience of the qualifying pilot. 

Justification 

The original intent of 121.434(c)(l)(ii), issued almost 40 years ago, was to validate the training a pilot 

received in a flight simulator. Since that rule was adopted, the airline industry has had over a decade of 

experience with visual simulators followed by nearly two decades experience with highly advanced 

simulation. Domestic airlines have successfully trained thousands of pilots using sophisticated advanced 

simulators. The combined experience of the airline industry and the FAA, using advanced simulation, has 

made the present rule partially obsolete. 

The FAA has the authority to observe any pilot at any time it wishes; and indeed the FAA routinely does 

so. However, the FAA conducts these routine observations on a schedule the local office sets, without 

the burden of having to observe a particular pilot on a specific flight, necessitated by the airline's 

training schedule. Relieving FAA inspectors from 121.434(c)(l)(ii) will allow the FAA to focus its efforts 

on higher priority safety concerns. 

Costly delays in qualifying PIC for line operations results when the airline is required to wait until the 

FAA can observe the qualifying PIC. In some instances, the FAA inspector may not be qualified on the 

airplane type being flown. By allowing a Spirit Airlines Check Airman or APD who is highly qualified in the 

airplane, and approved by the FAA for that duty, to complete the lOE Observation, a greater level of 

scrutiny and objectiveness would be provided for the qualifying PIC. 

At Spirit Airlines, we are poised for major growth - with projected growth to double the fleet size in 

next five years. We anticipate that we will upgrade 40-60 captains each year. 

Grant of this exemption would: 

1. Be wholly consistent with previous exemption granted in similar circumstances. 
2. Allow the FAA greater flexibility and better use of its Inspectors by focusing on higher priority 

safety functions; 

3. Allow the use of qualified pilots immediately after completing Operating Experience; 

4. Allow significantly increased use of qualified pilots and improve Spirit Airlines' ability to 

provide dependable, on-time air service to the public; 

5. Reduce the unnecessary cost of wages and lost productivity for those qualified pilots awaiting 

their FAA observations; and 

6. Allow the traveling public access to Spirit Airlines' low cost service at a pace consistent with 

the delivery of its additional A-320 aircraft; allow full utilization of Spirit Airlines' fleet by 

insuring adequate qualified pilots; and allow increased service to previously underserved 

markets. 

Safetv Impact 

Grant of this relief to Spirit Airlines will not reduce the level of safety provided by the regulation, 

as the Administrator has previously determined in similar requests for relief. 

1. The Check Airman will be highly trained and experienced with the particular aircraft type and 

will be authorized by the FAA; 

2. The Check Airman will only be used to fulfill Section 121.434(c)(l)(ii) when a qualified FAA 

Inspector is not available; and, 

3. The FAA maintains the authority to observe any pilot any time during lOE or any regular line 

flight. 

In summary, the requested exemption focuses on the timely and competent completion of the 

observation flight and better utilization of qualifying PICs. 

Request for Publication Waiver 

Spirit Airlines respectfully requests that the Administrator promptly grant the relief requested herein 

and waive the 120-day advance filling requirement of Section 11.63(d) of the Federal Aviation 

Regulations. This request is consistent with numerous similar requests {see, e.g., fn. 1) which the 

Administrator has previously granted as being in the public interest. 

In addition, pursuant to Section 11.87, Spirit Airlines requests that publication of this exemption request 

in the Federal Register be waived because the grant of this exemption would not be precedent setting; 

the reason for and conditions proposed are identical to exemptions already granted; the delay would 

further disadvantage a startup carrier attempting to complete in highly competitive markets; and similar 

petitions have been published in Federal Register with no comment received. 
If publication is, however, required, pursuant to Section 11.81(f), Spirit Airlines provides the following 

summary: 

Summary 

Spirit Airlines Inc. Petition for an Exemption From 14 CFR 121.434(c)(l)(ii) 

Spirit Airlines Inc. petitions for an exemption from 14 CFR 121.434(c)(l)(ii), to permit it to 

substitute a qualified and authorized Check Airman or Aircrew Program Designee for an FAA 

Inspector to observe a qualifying Pilot In Command who is completing initial or upgrade training 

specified in Sec. 121.424 during at least one flight leg that includes a takeoff and a landing. 

Should you have any questions or if you require additional information about this request, please do not 

hesitate to contact me. 

Sincerely, 

Joseph T Houghton 

DO, VP of Flight Ops 

Spirit Airlines, Inc. 
Sub Qualified CA or APD for FAA Insp. Page 1 of 3 

J u l 22 2010 

Exemption No. 10102 

Regulatory Docket No. FAA-2010-0631 

Ms. Barbara Russell 

Associate General Counsel 

Virgin America, Inc. 

555 Airport Boulevard, 4th Fl. 

Burlingame, CA 94 010 

Dear Ms. Russell: 

This letter is to inform you that we have granted your request for 

exemption. It transmits our decision, explains its basis, and gives you 

the conditions and limitations of the exemption, including the date it 

ends. 

The Basis of Our Decision 

On June 14, 2010, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Virgin America, Inc. (Virgin), for an exemption from § 

121.434 (c) (1) (ii) of Title 14, Code of Federal Regulations (14 CFR) to 

the extent necessary to allow Virgin 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. 

The FAA has determined that good cause exists for not publishing a 

summary of the petition in the Federal Register. The requested extension 

of the exemption would not set a precedent, and any delay in acting on 

this petition would be detrimental to Virgin. 

The FAA has issued a grant of exemption in circumstances similar in all 

material respects to those presented in your petition. In Grant of 

Exemption No. 6473, as amended (copy enclosed), the FAA found that 

permitting a limited number of qualified and authorized check airmen to 

conduct certain PIC observations would benefit the public by reducing 

unnecessary costs that may influence the price of services to the 

public. It would also improve the airline's ability to provide on-time, 

dependable air service. In addition, the FAA found that the requested 

exemption would not reduce the level of safety, provided that the 

petitioner complies with certain conditions and limitations. Please note 

that the candidate referenced in the conditions and limitations is the 

qualifying PIC. 

Having reviewed your reasons for requesting an exemption, I find that-

* they do not differ materially from those presented by the petitioner in 

the enclosed grant of exemption; 

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* the reasons stated by the FAA for granting the enclosed exemption also 

apply to the situation you present; and 

* a grant of exemption is in the public interest. 

Our Decision 

Therefore, under the authority contained in 49 U.S.C. 40113 and 44701, 

which the FAA Administrator has delegated to me, I hereby grant Virgin 

America, Inc., an exemption from 14 CFR § 121.434(c)(1)(ii) to the extent 

necessary to allow Virgin to substitute a qualified and authorized check 

airman in place of 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. This 

exemption is subject to the conditions and limitations described below. 

Conditions and Limitations 

1. A Virgin 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. Virgin, 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 Virgin 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 Virgin 

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. Virgin must maintain student, check airman, and aircrew program 

designee records that demonstrate compliance with the conditions and 

limitations of this exemption. 

This exemption terminates on July 31, 2012, unless sooner superseded or 

rescinded. 

Sincerely, 

/s/ 

Bradley D. Pearson 

Acting Director, Flight Standards 

Service 

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Enclosur e 

AFS-10-307-E 

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March 12, 2010 

Exemption No. 

7252E 

Regulatory 

Docket No. FAA-2002-11595 

Captain Mark P. Brown 

Manager, Flight Standards 

American Eagle Airlines, Inc. 

4601 Hwy 360 North, MD 882 GSWFA 

Fort Worth, TX 76155 

Dear Captain Brown: 

This letter is to inform you that we have granted your petition to extend 

Exemption No. 7252, as amended. It explains the basis for our decision 

and describes its effect. 

The Basis for Our Decision 

By letter posted February 23, 2010, you petitioned the Federal Aviation 

Administration (FAA) on behalf of American Eagle Airlines, Inc. (AEA), 

for an extension of Exemption No. 7252, as amended. That exemption from 

§ 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations permits AEA 

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. 

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 AEA. 

Our Decision 

The FAA has determined that the justification for the issuance of 

Exemption No. 7252, 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. 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. An AEA check airman or aircrew program designee may conduct a PIC 

observation in place of an FAA inspector when--

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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. AEA, 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 AEA 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 AEA 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. AEA must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations 

of this exemption. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 7252, as 

amended, to June 30, 2 012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

Service 

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AFS-10-164- E 

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