2705 Airport Drive, North Las Vegas, Nevada 89032

702-599-5440 Phone 702-646-687 1 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, Vi sion 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 financia l 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 st affing levels of current and qualified aviation safety inspectors at the Vision Certificat e 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 requirement s 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 ef fect through the training and sch eduling 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 ex perience work or assigned to other duty, hence the ripple effect all through our scheduling system.

As stated previously, other carri ers 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 advi sed that no observat ion 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. G ranting Vision the ability to perform the required observations internally will allow us to maintain our schedule in tegrity and provide theFAA 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 si x weeks with the prom ise from the CMO that they were just awaiting their country clearances to accomm odate 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 comm and 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 requir ements. It create s a burden on the curr ent Captains and their
families as they lose days fr ee of duty and addi tional rest due to the staffing shortage of additional qualified Captains.

F. Equivalent Level of Safety.

By allowing fully qualified Vision che ck 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 grant ed 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 ch eck airman performing the duties otherwise appropriate to an FAA inspector must: a) Be an employee of Vision Airlines, andb) Be qualified and current in the duties of the PIC in the aircraft being operated, and c) Have been employed by Vision Ai rlines 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 le tter 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 qualif ying pilot must be a check airman

other than the check airm an 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 time ly manner, after learning of the limitations placed by the Administrator on the CMO to support our operations, Vision Airlines requests consid e ration 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 publicati on 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 ai rmen 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 reques t, Vision has mirrored the exemption conditions previously granted to several oth er air carriers. Relief from the FAA inspector requirements has been in effe ct 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

H abrandon@visionairlines.com

H .

Sincerely,

Jim Maguire Vice President Operations
702-599-5440 Office
703-269-7170 Cell

H jmaguire@visionairlines.com

Copy: Larry Wilkinson
Kip Shoemaker

Alan Brandon