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 duri ng 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 FAA2

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;3

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