AFS

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January 11, 2017

Exemption No. 10482 B Regulatory Doc ket No. FAA

- 2000

- 8190

Mr. Michael A. G i ordano Sr. Manager Regulatory Administration Atlas Air, Inc.

5600 N W 36 th Street, 2 nd Floor

Miami

, FL 33166

Dear Mr. G i ordano :

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, ex plains its basis, and gives you the conditions and limitations of the exempt ion, including the date it ends.

The Basis for our Decision

On November 1 8, 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 inspecto r 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 exem ption 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.2

Our Decision

The FAA has determined t hat 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 j ustification 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 inspecto r 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 Atl as 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 expe rience (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 flig ht 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 must

a. Be approved by the Administrator to conduct the observation;

b. Have served as a check airma n 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 ; a nd

d. Conduct the observation from the observer seat only (i.e. not a required flight crew member seat).3

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, 20 20

, unless sooner superseded or rescinded

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service