AFS-12-063-E 

November 30, 2011 

 Exemption No. 9959A 

 Regulatory Docket No. FAA-2007-29096 

Mr. John R. Mietus, Jr. 

Counsel for Colgan Air, Inc. 

6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817-7500 

Dear Mr. Mietus: 

This letter is to inform you that we have granted your petition to extend Exemption No. 9959. 

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

limitations. 

The Basis for Our Decision 

By letter dated October 28, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Colgan Air, Inc. (Colgan), for an extension of Exemption No. 9959. That 

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

Colgan to substitute a qualified and authorized check airman in place of 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 that 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 Colgan. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 9959 

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 

delegated to me, I grant your petition, subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. A Colgan 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. Colgan, 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 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 Colgan 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 Colgan 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. Colgan 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. 9959 to November 30, 2013, 

unless sooner superseded or rescinded. This letter must be attached to, and is a part of, 

Exemption No. 9959. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service