AFS-13-074-E

January 30, 2013

 Exemption No. 9845B

 Regulatory Docket No. FAA-2004-19718

Mr. Aaron A. Goerlich

Counsel for Southern Air, Inc.

Garofalo, Goerlich, Hainback PC

1200 New Hampshire Avenue, NW., Suite 800

Washington, DC 20036-6802

Dear Mr. Goerlich:

This letter is to inform you that we have granted your petition to extend Exemption 9845, as 

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

and limitations.

The Basis of Our Decision

On November 13, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf 

of Southern Air, Inc. (Southern), for an extension of Exemption No. 9845. That exemption 

from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) permits Southern

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 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 extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Southern.
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Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9845, as 

amended, remains valid with respect to this exemption and is in the public interest.

Therefore, under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant your petition, subject to the following 

conditions and limitations.

Conditions and Limitations

1. A Southern 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. Southern, 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 fewer 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 Southern 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 Southern for 

no fewer than 6 months; and

c. Not supervise the OE or conduct the initial line check for the qualifying 

PIC candidate being observed.

3. Southern must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption.
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The Effect of our Decision

Our decision extends the termination date of Exemption No. 9845, as amended, to 

March 31, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service