2705 Airport Drive, North Las Vegas, Nevada 89032 

 702-599-5440 Phone 702-646-6871 Fax 

December 13, 2012 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Attention: Rules Docket, AGC-10 

Re: Request for Exemption to 14CFR 121.434(c)(1)(ii)

I. Petition. 

Pursuant to the provisions of CFR 11.25, Vision Airlines, Incorporated, petitions the 

Administrator for relief from §121.434(c)(l)(ii) of Title 14, Code of Federal Regulations 

(14 CFR) to the extent necessary to permit qualified check airmen to perform the FAA 

inspector’s observation of an initial or upgrade pilot in command. 

A. Section of the FAR Affected: 

CFR 121.434(c) states, in pertinent part, (c) Pilot crewmembers must acquire 

 operating experience and operating cycles as follows: 

 (1) A pilot in command must - 

 (ii). . . . . . if a qualifying pilot in command is completing initial or upgrade training 

 specified in §121.424, be observed in the performance of prescribed duties by 

 an FAA inspector during at least one flight leg which includes a takeoff and 

 landing. 

B. Background. 

The original intent of the FAA observation of the initial and upgrade pilot in command was to 

validate the use of visual simulator training. Since this rule was enacted in 1970, the air 

carriers have trained thousands of pilots using visual and advanced simulation with no 

adverse trends of pilot proficiency due to the use of simulators. In fact, the training and 

checking programs have been so successful, there use is now the industry standard. The 

use of today’s’ high fidelity simulation in the FAA approved Level C and Level D simulators 

has brought simulation to a level where there is virtually no difference between simulated 

events and actual flight; to include conceivable environmental anomalies that affect the 

human senses. With this high level of realistic training to include Line Oriented Flight 

Training (LOFT) in today’s approved simulators, combined with the required on-line 

operating experience in the aircraft, what was originally intended as a validation check of 

the simulator training program by the FAA, the observation has transitioned to a rite of 

passage for the up-grading pilot and a financial burden to the Administrator and carrier 

alike. 
Since 1996 the Federal Aviation Administration has granted exemptions to several air 

carriers petitioning for relief from the FAA inspector observation requirements of 

§121.434(c)(l)(ii). 

Over the past few years we have seen the staffing levels of current and qualified aviation 

safety inspectors at the Vision Certificate Management Office (WP-19) diminish. It has 

become increasingly difficult to schedule checks and observations around their already 

demanding surveillance schedules. With Vision’s growth and expanded areas of operation, 

combined with the fiscal and security restrictions of the Administrator, it has become 

impossible for the inspectors to conduct many of our required observations, as much as 

they would like to. 

C. Nature and Extent of Relief Requested.

Vision Airlines requests to utilize qualified check airmen to conduct the required FAA 

observation required by §121.434(c)(1)(ii). The intent is to always provide the FAA with the 

option of conducting the observation with the ability to use approved Vision check airmen 

as a substitute when an FAA inspector is not available. 

D. Support for Action Sought.

If a pilot in command cannot be observed during the planned scheduled flight it 

affects the pilot and the company in the least these three possible ways: 

1. An initial or upgrade pilot in command cannot begin to acquire pilot in 

command hours to fulfill the requirements of §121.652, until the operating 

experience requirements of §121.434 are certified as complete. If the FAA 

observation is delayed, the company is denied use of a needed asset. 

2. If the only event missing to fulfill the requirement of §121.434 is the FAA

inspector observation, the pilot cannot be scheduled for flight duty as a PIC 

until this event can be completed. While we await the event, the pilot is not 

able to acquire hours/experience necessary for the consolidation of 

knowledge and skills [§121.434 (g)]. 

3. When the pilot is delayed in the completion of the operating experience 

requirements, it causes a ripple effect through the training and scheduling

system. A check airman must be rescheduled to fly with the pilot during 

the FAA inspector observation. This causes the check airmen to not be 

available to conduct other operating experience work or assigned to other 

duty, hence the ripple effect all through our scheduling system.

As stated previously, other carriers have been granted exemption from

§121.434(c)(1)(ii). The Principal Operations Inspector for Vision Airlines has 

communicated to us the CMO’s inability to meet our observation needs. Given our current 

and foreseeable route structure, we have been advised that no observation rides can be 

accomplished on our Boeing 767 aircraft due to the restrictions imposed by the Administrator on 

inspector travel in our area of operation. Granting Vision the ability to perform the required 

observations internally will allow us to maintain our schedule integrity and provide the 
FAA greater flexibility to balance their limited resources to areas where oversight is 

more critical.

Currently Vision Airlines has three fully trained PIC ready pilots, whom have been 

awaiting FAA observations in excess of six weeks with the promise from the CMO 

that they were just awaiting their country clearances to accommodate the operations. 

Those country clearances have been denied for the long-term, in spite of their 

willingness to accommodate our needs.

E. Public Interest.

This petition is in the public interest for reasons of safety and efficiency for the 

following reasons:

• Prevent the pilot from having an interruption to their consolidation of 

 knowledge and skills §121.434(g). 

• Allow for the operating experience to be completed as originally 

scheduled allowing the pilot in command to begin acquiring hours to 

fulfill the requirements of §121.652. 

• Reduce the need for other pilots to fly trips which would have been

operated by the pilot awaiting the FAA inspector observation. This

creates a financial impact on the upgrading pilot because he cannot be assigned 

as a Captain. It creates a financial burden on the Company as we are unable to staff 

to our schedule requirements. It creates a burden on the current Captains and their 

families as they lose days free of duty and additional rest due to the staffing shortage 

of additional qualified Captains. 

F. Equivalent Level of Safety.

By allowing fully qualified Vision check airmen to conduct the required FAA

observation there will be an equivalent or increased level of safety. The check 

airmen must maintain all the qualifications of §121 subpart N for check airmen. 

The FAA observer is not held to this same standard. Additionally, the FAA has 

approval authority over the check airmen used. We believe between the 

additional level of qualification and the FAA approval process, the check 

airmen observers will be at least equivalent to the FAA observers.

Vision has reviewed other exemptions granted for §121.434(c)(1)(ii). The following 

are the conditions which we believe would maintain an equivalent level of safety.

1. Under this exemption, each check airman performing the duties

otherwise appropriate to an FAA inspector must:

a) Be an employee of Vision Airlines, and 
b) Be qualified and current in the duties of the PIC in the aircraft

being operated, and

c) Have been employed by Vision Airlines as a check airman for a

minimum of 1 year.

2. Vision Airlines must submit to, and have approved by its FAA Principal

Operations Inspector (POl) in a letter of approval, the name of each check 

airman used under this exemption before that check airman performs 

duties under this exemption.

3. Vision Airlines and the POl, will agree that no observation will be 

conducted under this exemption unless the FAA determines that there is 

not an FAA inspector available to observe the affected operation and so 

informs the certificate holder. At least 10 days notice must be given to the 

POI of the observation requirement.

4. The check airman observing the qualifying pilot must be a check airman 

other than the check airman conducting the operating experience flight.

5. The check airman observing the qualifying pilot may not have

previously conducted any operating experience flight during the current, 

initial, or upgrade training of the qualifying PIC.

6. Each operation conducted under the exemption must be recorded in the 

Vision Airlines approved training records. 

7. No observation may be conducted under this exemption prior to the flight leg 

during which the qualifying PIC will complete the minimum number of hours 

specified in 121.434(c)(3) 

8. Each certificate holder using this exemption must maintain the records 

necessary to demonstrate compliance with the conditions and limitations of 

this exemption. 

II. Request for Expedited Handling.

While this petition has been filed in a timely manner, after learning of the limitations 

placed by the Administrator on the CMO to support our operations, Vision Airlines 

requests consideration of this petition without the 120 day waiting period. In 

accordance with FA R Part 11, Vision suggests that good cause exists for an 

exemption to Federal Register publication and comment procedures. Relief similar 

in nature has been granted to several other air carriers. Vision believes there is no 

conflict in safety and the public interest would be served by expediting our request. 
Ill. Summary-Petition for Exemption.

Vision Airlines, Incorporated, petitions the Administrator for relief from 

§121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) to the extent

necessary to permit qualified check airmen to perform the FAA inspector's

observation of an initial or upgrade pilot in command.

Vision requests the exemption to preclude the possibility of having initial and

upgrade pilots in command delayed from continuing their normal schedule and 

timely career progression because an FAA inspector was unavailable to perform 

the observation as required by §121.434(c)(1)(ii).

In order to expedite the exemption request, Vision has mirrored the exemption

conditions previously granted to several other air carriers. Relief from the FAA

inspector requirements has been in effect since 1996 with no adverse affect on pilot 

proficiency or safety. Granting this request will allow the FAA greater flexibility to 

balance their resources. Even though there is a cost associated with using check 

airmen to perform the required FAA observation, Vision believes the benefit of 

maintaining the pilots schedule and the cost reduction of not rescheduling the pilots 

who would be needed to cover the flight segments missed, best serves the flying 

public, the initial/upgrade pilots and Vision Airlines.

If I can provide any additional information or be of any further assistance in the facilitation of 

this very necessary exemption, please contact myself, or our Director of Operations, Mr. 

Alan C. Brandon. Mr. Brandon may be reached at 702-599-5333 or email at 

Habrandon@visionairlines.comH. 

Sincerely, 

Jim Maguire 

Vice President Operations 

702-599-5440 Office 

703-269-7170 Cell 

Hjmaguire@visionairlines.com

Copy: Larry Wilkinson 

 Kip Shoemaker 

 Alan Brandon