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 the 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 crewmembers 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 qualifying 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 

Enclosure
AFS-14-378-E

This letter corrects the August 25, 2014, letter we sent granting your petition for 

Exemption No. 4416. Corrections were made to reflect changes to paragraph designations in 

part 121 subpart O and to update Condition Nos. 1 and 3. Below is the amended Exemption 

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 Operations

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 to extend Exemption No.4416, 

as amended. It explains the basis for our decision, describes 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 (FAA) 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 Appendix F to part 121 of Title 14, Code of Federal 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 preflight inspection, both interior and exterior, using 

approved advanced pictorial means.

Corrected Copy
2

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 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 Regulations 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 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 A4A member 

airlines.

Our Decision

The FAA has determined that the justification for the 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. §§ 106(f), 40113, and 44701, which the 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 on 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 holder 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 holder. 

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 successfully 
3

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 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.

The Effect of Our Decision

This exemption terminates on September 30, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service
 

 Exemption 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-E 
 

 Sections 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 the 

 
 

 capability 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 immediately 

 
 

 preceding 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.