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 granted 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 Aviation Administration (FAA) 

on behalf of Evergreen International 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 observe 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 your 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. 
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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 limitations, the requirement for an FAA inspector 

to observe a qualifying PIC before he/she begins operations in an airplane unsupervised may 

be conducted by and satisfied by the certificate holder’s check airman and aircrew program 

designee. The FAA found that this could be accomplished 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 presented 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 program designee for an FAA inspector to observe a 

qualifying 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, subject to the conditions and 

limitations described below. 

Conditions and Limitations 

1. An Evergreen 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. Evergreen, 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 

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. 
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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. 

This exemption terminates on February 28, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service 

Enclosure