AFS-10-122-E April 1, 2010 Exemption No. 10045 Regulatory Docket No. FAA-2007-29107

Ms. Tammie Irwin Director of Safety and Compliance Hyannis Air Service, Inc.

660 Barnstable Road Hyannis, MA 02601

Dear Ms. Irwin:

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 December 30, 2009, you petitioned the Federal Aviation Administration (FAA) on behalf of Hyannis Air Service, Inc. (Hyannis Air), for an extension of Exemption No. 9533. That exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) allowed Hyannis Air 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 la nding. That exemption, however, expired on October 31, 2009. Therefore, we will treat your request as a new petition.

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 Hyannis 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 may2

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 do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

• the reasons stated by the FAA for granting the enclosed exemption 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 Hyannis Air Service, Inc., an exemption from 14 CFR § 121.434(c)(1)(ii) to the extent necessary 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 limits described below.

Conditions and Limitations

1. A Hyannis Air 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 for a qualifying PIC candidate, thus reserving first right of refusal to the FAA in each case. Hyannis Air, 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 Hyannis Air 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;

b. Have served as a check airman or aircrew program designee for Hyannis Air for no less than 6 months; and3

c. Not supervise the OE or conduct the initial line check for the qualifying PIC candidate being observed.

3. Hyannis Air 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 March 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosure