AFS-14-413-E 

October 27, 2014 

 Exemption No. 11094 

 Regulatory Docket No. FAA-2014-0593 

Mr. Douglass Chouinard 

Chief Pilot 

Swift Air, LLC 

8710 East Old Tower Road 

Phoenix, AZ 85034 

Dear Mr. Chouinard: 

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 

On August 11 and September 4, 2014, 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). That exemption, if granted, permits Swift 

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 landing. Swift Air has requested the relief be extended to operations outside the United 

States. 

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 or she begins operations in an airplane unsupervised 
2 

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. 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. §§ 106(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, Swift Air is granted an exemption from 

14 CFR 121.434(c)(1)(ii) to the extent necessary to permit Swift Air 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 Swift 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 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 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 Swift 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, 
3 

b. Have served as a check airman or aircrew program designee for Swift Air 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. Swift Air must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption. 

4. Swift Air may operate outside the U.S. under this exemption, unless otherwise 

prohibited by a foreign country. 

This exemption terminates on October 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosure