AFS-12-295-E 

April 30, 2012 

 Exemption No. 10520 

 Regulatory Docket No. FAA-2012-0378 

Mr. Jeffrey A. Miller 

Director of Operations 

National Airlines 

835 Willow Run Airport 

Ypsilanti, MI 48198 

Dear Mr. Miller: 

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 for Our Decision 

By letter dated March 28, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of National Airlines for an exemption from § 121.434(c)(1)(ii) of Title 14, Code of 

Federal Regulations (14 CFR) to the extent necessary to allow National Airlines 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 landing. 

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 National Airlines. 

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. 8054 (copy enclosed), the FAA 

found that subject to certain conditions and limitations, the requirement for an FAA inspector 

to observe a qualifying PIC before he/she begins operations in an airplane unsupervised may 

be conducted by and satisfied by the certificate holder’s check airman or aircrew program 
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designee. The FAA found that this could be accomplished without reducing the level of 

safety provided by the regulation. 

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

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 8054; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8054 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant National Airlines an exemption from 

14 CFR § 121.434(c)(1)(ii) to the extent necessary to allow National Airlines to substitute a 

qualified and authorized check airman in place of an FAA inspector to observe a qualifying 

PIC while that PIC is performing prescribed duties during at least one flight leg that includes 

a takeoff and landing when completing initial or upgrade training as specified in § 121.424, 

subject to the conditions and limitations described below. 

Conditions and Limitations 

1. A National Airlines 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. National Airlines, 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 National Airlines check airman and aircrew program designee conducting a PIC 

observation in place of an FAA inspector must— 

a. Be approved by the Administrator to conduct the observation; 
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b. Have served as a check airman or aircrew program designee for National 

Airlines 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. National Airlines 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 April 30, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service 

Enclosure