AFS-16-106796-E

January 11, 2017

Exemption No. 10482B

 Regulatory Docket No. FAA-2000-8190

Mr. Michael A. Giordano

Sr. Manager Regulatory Administration

Atlas Air, Inc.

5600 NW 36th Street, 2nd Floor

Miami, FL 33166

Dear Mr. Giordano:

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

No. 10482, as amended. It is also to inform you that we have revised the conditions and 

limitations of your 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 for our Decision

On November 18, 2016, you petitioned the Federal Aviation Administration (FAA) on behalf 

of Atlas Air, Inc. (Atlas) for an extension of Exemption No. 10482, as amended. That 

exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) 

permits Atlas 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. In 

response to a request for clarification from the FAA dated December 22, 2016, Atlas 

confirmed that it requests to utilize the exemption outside of U.S. airspace. The FAA has 

amended the conditions and limitations to clarify that Atlas may operate outside of the United 

States under this exemption, unless otherwise prohibited by a foreign country.
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Our Decision

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Atlas.

The FAA has determined that the justification for the issuance of Exemption No. 10482 

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, Atlas Air, Inc. is granted an extension to its exemption 

from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) that allows Atlas 

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. An Atlas 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. Atlas, 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 Atlas check airman or aircrew program designee conducting a PIC 

observation in place of an FAA inspector musta. Be approved by the Administrator to conduct the observation;

b. Have served as a check airman or aircrew program designee for Atlas for no 

less than 6 months; 

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 flight

crew member seat).
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3. Atlas must maintain student, check airman, and aircrew program designee records 

that demonstrate compliance with the conditions and limitations of this exemption.

4. Atlas may operate outside the United States (U.S.) under this exemption, unless 

otherwise prohibited by a foreign country.

This exemption terminates on March 31, 2020, unless sooner superseded or rescinded

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service