AFS-11-138-E Feb 09 2011

Exemption No. 10203 Regulatory Docket No. FAA-2006-25827

Captain William J. Zehner Director of Operations Evergreen International Airlines, Inc.

3850 Three Mile Lane McMinnville, OR 97128-9496

Dear Captain Zehner:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 18, 2011, you petitioned the Federal Av iation Administration (FAA) on behalf of Evergreen Internati onal Airlines, Inc. (Evergreen) for an extension of Exemption No. 8799. 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 obs erve a qualifying pilot in command (PIC) who was completing initial or upgrade training specified in § 121.424 during at least one flight leg that includes a takeoff and a landing. That exemption, however, expired on October 31, 2010; therefore, we will treat y our request as a new petition.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Evergreen.2

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8054 (copy enclosed), the FAA found that subject to certain conditions and limita tions, the requirement for an FAA inspector to observe a qualifying PIC befo re he/she begins operations in an airplane unsupervised may be conducted by and satisfied by the certificate holder’s chec k airman and aircrew program designee. The FAA found that this could be acco mplished without reducing the level of safety provided by the regulation.

Having reviewed your reasons for requesting an exemption, I find that—

• they don’t differ materially from those presente d by the petitioner in the enclosed grant of exemption;

• the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S. C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Evergreen International Airlines, Inc. an exemption from 14 CFR § 121.434(c)(1)(ii) to the extent necessary to allow Evergreen to substitute a qualified and authorized check airman or aircrew progra m designee for an FAA inspector to observe a qualifying PIC who is completin g initial or upgrade training specified in § 121.424 during at least one flight leg that includes a takeoff and a landing, subject to the conditions and

limitations described below.

Conditions and Limitations

1. An Evergreen check airm an 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. Evergreen, therefore, must contact an appropriate FAA office, in each instance, before substituting that check airman or aircrew program designee.

b. The qualifying PIC candi date has completed no less 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.3

2. Each Evergreen check airman or ai rcrew program designee conducting a PIC observation in place of an FAA inspector must—

a. Be approved by the Administrat or 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 in itial 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.

This exemption terminates on February 28, 2013, unless sooner supers eded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure