December 22, 2014

Mr. Douglass Chouinard

Chief Pilot
Swift Air, LLC

2710 East Old Tower Road
Phoenix, AZ 85034

Dear Mr. Chouinard:

This is in response to your September 11 and September 16, 2014 letters sent to the public docket (Docket No. FAA-2014-0712) petitioning th e Federal Aviation Administration (FAA)
on behalf of Swift Air, LLC (Swift Air) for an exemption from item I (b) of Appendix A of part 61; §§ 61.157(a), 121.424(a)(1), (b)(3), and (d)(1); item I (a) of Appendix E to part 121; and item I (b) of Appendix F to part 121 of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Swift Air to conduct training and checking of pilots on airplanes that require two flight crewmemb ers for the required preflight inspection, both interior and exterior, using approved advanced pictorial means.

On August 25, 2014, the FAA granted Exemption No. 4416P (copy enclosed) to Airlines for America member airlines and other qualif ying part 119 certificate holders conducting operations under part 121 for the same relief you seek.

Because the relief you seek is covered by Exemption No. 4416, we will take no further action on your petition.

Sincerely,

/s/

Michelle Ferritto Acting Manager, Airmen and Airspace Rules Division

EnclosureAFS

- 14

- 378

- E

This letter corrects the August 25, 2014, letter we sent granting your petition for Exemption No. 4416. C orrection s w ere made to re flect changes to paragraph designations in part 121 subpart O and to update Condition Nos. 1 and 3. Below is the amended Ex emption No. 4416 that includes the aforementioned changes. We have made the correction in our records as of September 29, 2014.

August 25, 2014

Exemption No. 4416P Regulatory Docket No. FAA

- 2002

- 12831

Mr. Donald R. Dillman Managing Director, Flight Operation s
Airlines for America 1301 Pennsylvania Ave, NW Washington, DC 20004

Dear Mr. Dillman :

This letter is to inform you that we have granted your petition t o extend Exemption No. 4416,

as amended . It explains the basis for our decision , desc ribes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated July 1, 2014 , you petitioned the Federal Aviation Administration (F AA) on

behalf of Airlines for America (A4A) for an extension of Exemption No. 4416, as amended

. That exemption from § 121.424(a) (1) , (b) (3) , and (d)(1); item I (a) of appendix E to part 121;
and item I (b) of A ppendix F to part 121 of Title 14, Code of Fe deral Regulations (14 CFR) allows A4A member airlines and other qualifying part 119 certificate holders conducting operations under part 121 to conduct training and checking of pilots on airplanes that require two flight crewmembers for the required prefli ght inspection, both interior and exterior, using approved advanced pictorial means.



## Corrected Copy2

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 ori ginal exemption.

The FAA notes that certain CFR citations requested in your exemption have recently changed. The “Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers” final rule
(78 FR 67799, November 12, 2013, effective March 12, 2014 ) revised § 121.424(a) to be
§ 121.424(a)(1), and § 121.424(b) to be § 121.424(b)(3), respectively.

The FAA further notes that Appendix A to part 61 and the reference to Appendix A found in 14 CFR 61.157(a) were removed from the Code of Federal Regulation s as part of the “Pilot, Flight Instructor, Ground Instructor, and Pilot Schools Certification Rules” final rule (62 FR 16220, April 4, 1997). Thus, as these sections no longer exist, exemptions are unnecessary.

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

in the Federal Register beca use the requested extension of the exemption would not set a precedent, and any delay in acting on this pe tition would be detrimental to A4A member

airlines

.

Our Decision

The FAA has determined that the justification for th e issuance of Exemption No. 4416 , 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. §§ 1 06(f), 40113

, and 44701, which th e FAA Administrator has delegated to me, Airlines for America is hereby granted an extension that

allows A4A member airlines and other qualifying part 119 certificate holders conducting operations under part 121 to conduct training and checking of pilots o n airplanes that require two flight crewmembers for the required preflight inspection, both interior and exterior, using approved advanced pictorial means, subject to the following conditions and limitations.

Conditions and Limitations

1. Each certificate ho lder desiring to use the provisions of this exemption must develop

still and /or motion pictures providing distant and detailed close

- up views of each passenger compartment and exterior preflight inspection item depicting normal and

abnormal conditions.

2. The projection equipment must provide rapid and random access capability to any picture for training and checking purposes.

3. The pictures and descriptions of the items must be approved by the FAA Principal Operations Inspector assigned to that certificate hold er.

4. Each pilot must receive training to proficiency and demonstrate proficiency on at least one complete visual inspection of the interior and exterior of a static airplane of the appropriate type. This training and demonstration of proficiency must be s uccessfully3

completed and documented by a check airman before the completion of operating experience required by § 121.434.

5. Training devices used for the flight deck portion of the preflight visual inspection must be approved for that function, must accura tely replicate the aircraft flight deck geography, and must simulate appropriate systems functions to include control, switch, instrument, and circuit breaker functions in regard to normal, abnormal, and emergency procedures

.

The Effect of Our Decision

Th is exemption terminates on September 30, 201 6

, unless sooner superseded or rescinded.

Sincerely,

/s / John Barbagallo Acting Deputy Director, Flight Standards ServiceExemption No. 4416

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. 20591

* * * * * * * * * * * * * * * * * * *

* In the matter of the petition of *

* AIR TRANSPORT ASSOCIATION OF * Regulatory Docket No. 22872

AMERICA *

* for exemption from Sections *
61.157(a), 121.424(a) and (b), * Part 61, Appendix A, and Part 121, * Appendix E *

*

* * * * * * * * * * * * * * * * * * *

GRANT OF EXEMPTION

By letter dated January 29, 1985, Mr. Walter S. Coleman, Director - Operations, Air Transport Association of America (ATA), 1709 New York Avenue, N.W., Washington, D.C. 20006, petitioned on behalf of its member airlines and other qualifying

Part 121 certificate holders for an extension of the termination date of Exemption No. 3653, as amended. The exemption provides relief from sections 61.157(a) and 121.424(a) and (b), Item I(b) of Appendix A of Part 61, and Item I(a) of Appendix E of Part 121 of the Federal Aviation Regulations (FAR), and permits: (1) a pilot employee of a certificate holder, who is a candidate for a type rating in a large airplane requiring only two flight crewmembers for its operation, to use approved advanced pictorial means for the preflight visual inspection practical test requirement without conducting an actual visual inspection of the passenger cabin compartment and the exterior of the airplane, and to use an approved training device for the flight deck portion of the preflight visual inspection, provided that person has conducted an actual visual inspection of the same type airplane during initial, transition, or upgrade training, and (2) a pilot employee of a certificate holder, who is enrolled in that certificate holder's course of instruction for initial, transition, and upgrade training in a large airplane requiring only two flight crewmembers for its operation, to use an approved training device for the flight deck portion of the preflight visual inspection. Exemption 3653, as amended, terminated on May
31, 1985.

VS-85-135-ESections of the FAR affected:

Section 61.157(a) states, in pertinent part, that an applicant for an additional type rating must pass a practical test that includes the items set forth in Appendix A. Item I(b) of Appendix A requires that the pilot must conduct an actual visual inspection of the exterior and interior of the airplane locating each item and explaining briefly the purpose of inspecting it.

Section 121.424(a) and (b) state, in pertinent part, that initial, transition, and upgrade training for pilots must include flight training and practice in the maneuvers and procedures set forth in Appendix E which, with respect to the visual inspection of the exterior and interior of the airplane, must be conducted using a static airplane.

The petitioner's supportive information is as follows:

Under the terms of the exemption, the training and checking of each subject pilot by a Federal Aviation Administration inspector, or designated examiner, is conducted using an FAA approved pictorial means that realistically portrays the location and detail of preflight inspection items. The improved presentation provides for the portrayal of abnormal conditions which the pilot must discern and offers corrective action thereto. Random, rapid access capability to any picture provides the FAA inspector or examiner the capability of selecting any abnormal condition in the inventory. This type of checking eliminates the sterotype preflight inspection now prevalent on an actual static airplane, since an actual static airplane provides very few, if any, abnormal conditions. Checking, using an actual static airplane for a preflight inspection, inhibits the inspector or examiner from questioning the pilot on abnormal items. The inspector or examiner who wishes to check a pilot on an abnormal item must verbalize the abnormality. Under this exemption, which provides a unique preflight inspection superior to and not available on an actual airplane, the applicant must preceive the described abnormality and then provide the necessary information and corrective action. This procedure is identical to the one used in the required oral examination administered under the provisions of Item I(a) of Appendix A of FAR 61, where word pictures are extensively used.

Advanced simulators approved under the provisions of Appendix H of FAR Part 121, satisfy the inflight training and checking requirements of the subject pilot, including landings. Similarly, advanced pictorial devices provide an enhanced flexible preflight inspection which provide thecapability to train pilots to a higher degree of proficiency and a greater level of safety than heretofore attained. Pictorial devices also provide the inspector and examiner a unique opportunity to evaluate the depth of the subject pilot's preflight inspection knowledge to an extent not available on static airplanes.

An informal accounting of ATA member carriers indicates that in 1984 over 2,000 pilots of two member flight crew airplanes have been trained using the superior training features offered in exercising this exemption.

A summary of the ATA petition was published in the Federal Register on March 26, 1985 (50 FR 11979), and no comments were

received.

The FAA's analysis/summary is as follows:

The FAA is aware that the specific airplane type on which a pilot is being trained is not always available at the training site for the conduct of an actual visual inspection of the passenger cabin compartment and the exterior of the airplane. In the absence of an actual static airplane at the training site, the option permitted by this exemption may be exercised. The FAA finds that an equivalent level of safety will be provided if the complete visual inspection of the exterior and the passenger compartment of an actual static airplane is completed by the pilot candidate after he or she leaves the training site. However, this preflight visual inspection must be accomplished prior to the first flight of operating experience required by section 121.434 and completion of this training requirement must be documented by a check airman. Additionally, if this training is accomplished during the preflight immediately preceding the first operating experience flight, rather than on a static airplane at the training site, the pilot candidate must further demonstrate proficiency in conducting the visual preflight inspection to a check airman prior to completing his or her operating experience.

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in Sections 313(a) and 601(c) of the Federal Aviation Act of 1958, delegated to me by the Administrator (14 CFR 11.53), the Air Transport Association of America, on behalf of its member airlines and any other qualifying Part 121 certificate holder, is granted an exemption from sections 61.157(a), 121.424(a) and (b), Item I(b) of Appendix A of Part 61, and Item I(a) of Appendix E of Part 121 of the FAR as

follows:1. From section 61.157(a) and Item I(b) of Appendix A Part 61 of the FAR to the extent necessary to permit a pilot employee of the holder of an air carrier operating certificate, who is a candidate for a type rating in a large airplane requiring only two flight crewmembers for its operation, to use approved advanced pictorial means for the preflight visual inspection practical test requirement without conducting an actual visual inspection of the passenger cabin compartment and the exterior of the airplane, and to use an approved training device for the flight deck portion of the preflight visual inspection provided that person receives training to proficiency on on actual visual inspection of the same type airplane prior to the first operating experience flight required by section 121.434.

2. From section 121.424(a) and (b), and Item I(a) of Appendix E of Part 121 of the FAR to the extent necessary to permit a pilot employee of a certificate holder, who is enrolled in that certificate holder's course of instruction for initial, transition, and upgrade training in a large airplane requiring only two flight crewmembers for its operation, to use an approved training device for the flight deck portion of the preflight visual inspection.

This exemption is subject to the following conditions and

limitations:

1. Each Part 121 certificate holder desiring to use the provisions of this exemption shall develop still and motion pictures providing distant and detailed closeup views of each passenger compartment and exterior preflight inspection item depicting normal and abnormal

conditions.

2. The projection equipment shall provide rapid and random access capability to any picture for training and checking purposes.

3. The pictures and description of the items must be approved by the appropriate FAA Flight Standards District Office holding the operating certificate.

4. Each pilot shall receive training to proficiency on at least one complete visual inspection of the exterior and the passenger compartment of a static airplane of the appropriate type. This training must be completed and appropriately documented before the first flight of operating experience required by section 121.434. If this is accomplished during the preflight immediatelypreceding the first operating experience flight, then the pilot candidate must further demonstrate proficiency in conducting the preflight visual inspections to a check airman before completing his or her operating experience.

5. Training devices used for the flight deck portion of the preflight visual inspection must be approved for that function, must accurately replicate the aircraft flight deck geography, and must simulate appropriate systems functions to include control, switch, instrument, and circuit breaker functions in regard to normal, abnormal, and emergency procedures.

This exemption terminates on July 31, 1987, unless sooner superseded or rescinded.

/s/ William T. Brennan Acting Director Flight Operations

Issued in Washington, D.C. on, July 25, 1985.