AFS-11-193-E 

March 10, 2011 

 Exemption No. 10224 

 Regulatory Docket No. FAA-2011-

0171 

Captain Richard Bell 

Director of Operations 

Swift Air, LLC 

2406 South 24th Street, Suite E102 

Phoenix, AZ 85034 

Dear Captain Bell: 

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 February 4, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Swift Air, LLC (Swift Air) for an exemption from § 121.434(c)(1)(ii) of Title 14, 

Code of Federal Regulations (14 CFR) to the extent necessary to allow Swift Air to substitute 

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

pilot in command (PIC) while that PIC is performing prescribed duties during at least one 

flight leg that includes a takeoff and a landing when completing initial or upgrade training as 

specified in § 121.424. 

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 Swift Air. 

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 
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be conducted by and satisfied by the certificate holder’s check airman. 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 Swift Air, LLC an exemption from 14 CFR 

§ 121.434(c)(1)(ii) to the extent necessary to allow Swift Air to substitute a qualified and 

authorized check airman 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 conditions and limitations described below. 

Conditions and Limitations 

1. A Swift Air check airman 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. Swift Air, therefore, must contact an appropriate FAA office, in 

each instance, before substituting that check airman;. 

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 Swift Air check airman conducting a PIC observation in place of an FAA 

inspector must— 

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

b. Have served as a check airman for Swift Air for no less than 6 months; and 
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c. Not supervise the OE or conduct the initial line check for the qualifying PIC 

candidate being observed. 

3. Swift Air must maintain student and check airman records that demonstrate 

compliance with the conditions and limitations of this exemption. 

This exemption terminates on March 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosure