AFS-12-093-E 

December 22, 2011 

 Exemption No. 10413 

 Regulatory Docket No. FAA-2007-0071 

Mr. Ronald L. McKelvey 

Assistant Director of Operations 

Sky King, Inc. 

910 Florin Road, Suite 200 

Sacramento, CA 95831 

Dear Mr. McKelvey: 

This letter is to inform you that we have granted your petition to extend Exemption No. 9547, 

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

and limitations. Please note that your exemption has expired, therefore we will treat your 

request as a new petition. Additionally, please note that your exemption number has changed. 

 

The Basis for Our Decision 

By letter dated November 7, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Sky King, Inc. (Sky King), for an extension of Exemption No. 9547, as amended. 

 That exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations allows 

Sky King 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 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. 

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 Sky King. 

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. 9547 (copy enclosed), the FAA 
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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 

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. 9547; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9547 

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 Sky King, Inc., an exemption from 

14 CFR § 121.434(c)(1)(ii) to the extent necessary to permit Sky King to substitute a 

qualified and authorized check airman or aircrew program designee 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 Sky King check airman or aircrew program designee may conduct a PIC 

observation in place of an FAA inspector when— 

a. The Administrator preapproves the substitution for each observation of a 

qualifying PIC candidate, thus reserving first right of refusal to the FAA in 

each case. Sky King, 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 Sky King 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; 
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b. Have served as a check airman or aircrew program designee for Sky King 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. Sky King 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 December 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Acting Director, Flight Standards 

 Service 

Enclosure