AFS

- 12

- 538

- E October 26, 2012

Exemption No. 10203A Regulatory Docket No. FAA

- 2006

- 25827

Mr. William John Zehner Director of Operations Evergreen International Airlines, Inc.

3850 Three Mile Lane McMinnville, OR 97128

Dear Mr. Zehner :

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

No. 10203 . It explains the basis for our decision , desc ribes its effect, and lists the conditions

and limitations.

The Ba sis for Our Decision

By letter dated August 27

, 2012 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Evergreen International Airlines, Inc. ( Evergreen), for an extension of Exemption

No. 10203

. That exemption from § 121.434(c)(1)(ii ) of Title 14, Code of Federal Regulations (14 CFR) allowed Evergreen 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 was completing initial or upgrad e training specified in § 121.424 during at least one flight leg that includes a takeoff and a landing.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis f or granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register beca use the requested extension of the exemption would not set a precedent, and any delay in acting on t his petition would be detrimental to Evergreen.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10203 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegat ed to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. An Evergreen check airman or aircrew program designee may condu ct 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. Evergreen, therefore, must contact a n 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 experie nce (OE) and accomplished no fewer than two

take offs 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 Evergreen 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 this observation,

b. Have served as a check airman or aircrew program designee for Evergreen 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. Evergreen must maintain student, check airman, and aircrew program designee records that demonstrate competence with the conditions and limitations of this exemption.3

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10203 to February 28, 2015,

unless so oner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service