AFS
- 13
- 074
- E

January 30, 2013
Exemption No. 98 45 B Regulatory

Docket No. FAA
- 200 4
- 19718
Mr. Aaron A. Goerlich Counsel for So uthern Air, Inc. Gar o falo, Goerlic h , Hainback PC 1200 New Hampshire Ave nue , NW ., Suite 800 Washington , DC 20036
- 6802 Dear Mr. Goerlich : This letter is to inform you that we have granted your petition to extend E xemption 9845 , as amended . I t explain s 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 qualifyin g pilot in command (PI C) who is completing initial or upgrade training specified in § 121.424 during at least one flight leg that includes a takeoff and a landing. Inyour petition, you indicate th ere has been no change in the conditions and reasons re lative 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 request ed extension of the exempt ion would not set a precedent, and any

delay in acting on this petition would be detrimental to Southern.2

**Our Decision** The FAA has determined that the justification for the issuance of Exemption No. 9845 , as amended, remains valid with respect to this ex emption 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 yo ur petition , subject to the following conditions and limitations. **Conditions a nd Limitations**  1. A Southern check airman or aircrew program designee may conduct a PI C observation in place of an FAA inspector when

–– a. The Administrator preapproves that substitution for each observation of a qualifying PI C 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 air man or aircrew program designee ; b. The qualifying PI C 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 PI C candidate is performing PI C duties during a complete flight leg, in cluding 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 PI C ob servation in place of an FAA inspector must

–– a. Be approved by

the Administr ator 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 superv ise the OE or conduct the initial line check for the qualifying PI C candidate being observed. 3. Southern must maintain student, check airman, and aircrew program designee records that demonstrate compliance with the condit ions and limitations of this exemption.3

**The Effect of our Decision** Our decision extends the termination date of E xemption No. 9845 , as amended, to March 31, 201 5 , unless sooner superseded or rescinded. Sincerely , /s/ John M. Allen Director, Flight St andards Service