April 6, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Subject: Re-grant / Extension of Exemption 10576A

Regulatory Docket No. FAA-2003-16403

Dear Sir/Madam:

Pursuant to Title 14, Code of Federal Regulations, Part 11.61(b), PSA Airlines, Inc. petitions the 

Administrator for an extension or re-grant of Exemption 10576 which permits PSA Airlines, Inc. 

an exemption from 14 CFR 121.434(c)(1)(ii) to the extent necessary to substitute a qualified and 

authorized check pilot or aircrew program designee in place of an FAA Inspector to observe a 

qualifying pilot in command (PIC) while that PIC is performing prescribed duties during at least 

one flight leg that includes a takeoff and landing when completing initial or upgrade training as 

specified in 14CFR 121.434. Our current Exemption 10576A will expire on June 30, 2016.

Section of the Federal Aviation Regulation (FAR) affected:

14 CFR 121.434(c)(1)(ii) Operating Experience, Operating Cycles, and Consolidation of 

Knowledge and Skills in pertinent part:

“In addition, if a qualifying pilot in command is completing initial or upgrade training specified 

in §121.424, be observed in the performance of prescribed duties by an FAA inspector during at 

least one flight leg which includes a takeoff and a landing.”

Relief Requested:

The petition seeks relief from FAR 121.434(c)(1)(ii) when an FAA Inspector is unavailable to 

observe a qualifying pilot in command during any of the scheduled operating experience flights 

subject to the following conditions and limitations:

1. A PSA check pilot or aircrew program designee may conduct a PIC observation in place 

of an FAA inspector whena. The Administrator pre-approves that substitution for each observation of a 

qualifying PIC candidate, thus reserving first right of refusal to the FAA in each 

case;

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 flight deck preparation, before starting engines checklist, taxi, 

takeoff, all other flight phases, landing, taxi, and securing checklist.

2. Each PSA check pilot 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 pilot or aircrew program designee for PSA 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. PSA must maintain student, check pilot, and aircrew program designee records that 

demonstrate compliance with the conditions and limitations of the exemption.

Discussion

The FAA has the authority to observe any pilot any time it wishes; and the FAA does so 

routinely. However, the FAA conducts these routine observations on a schedule the local office 

sets without the burden of having to observe a particular pilot on specific flights necessitated by 

the airline’s training and service schedule. Relieving FAA Inspectors form 121.434(c)(1)(ii) will 

allow the FAA to focus their efforts on higher priority safety concerns.

PSA Airlines expects 24 new PIC’s per month to complete training indefinitely due to attrition 

and addition of new aircraft. Previous experience with this volume of training has had PSA 

waiting for up to 30 days waiting for an Inspector to observe a new PIC. Because of recent 

budgetary and travel constraints imposed on the FAA, our Certificate Management Office has 

struggled at times to provide personnel on a timely basis. Other FSDOs and national resources 

have been unable to support the volume of work that has been required. Delays in getting 

observations performed have been costly to the airline resulting in undue economic and 

operational burdens.

Grant of Original Exemption

PSA was previously granted this exemption on November 14, 2003 (Exemption No. 8175), June

20, 2007 (Exemption No. 8175A), June 29, 2012 (Exemption 10576, Regulatory Docket No 

FAA-2003-16403), and again on May 15, 2014 (Exemption 10576A, Regulatory Docket No 

FAA-2003-16403)
Benefits

Benefits to the FAA, PSA Airlines, and the traveling public remain the same as in the original 

application.

No Adverse Effect on Safety

Granting or using this proposed exemption would have no adverse effect on safety because:

1. The Check Pilot and Aircrew Program Designees authorized to conduct the observation 

will be approved by the FAA and will be highly trained and experienced with the 

particular airplane type.

2. The Check Pilot and Aircrew Program Designees will only be used to fulfill the 

requirements of 14 CFR 121.434(c)(1)(ii) when a qualified FAA Inspector is not 

available; and

3. The FAA continues to have the authority to observe any pilot at any time during normal 

line operations

Request To Waive Publication of Petition

Since the FAA has previously granted this exemption to PSA Airlines, and the granting of this 

exemption is not precedent setting, PSA Airlines requests that publication of our petition in the 

Federal Register be waived in accordance with 14 CFR 11.87(b). Any delay in granting this 

exemption will have an adverse impact on PSA Airlines’ flight operations.

Summary

In summary, the exemption focuses on the timely and competent completion of the observation 

flight and better utilization of qualifying pilots in command.

PSA Airlines petitions for an exemption from 14 CFR 121.434(c)(1)(ii), to permit them, at their 

discretion, when an FAA Inspector is not immediately available; to provide observation of a 

qualifying PIC when completing initial or upgrade training as specified in 14 CFR 121.434. PSA 

Airlines will substitute a qualified and authorized check pilot or aircrew program designee to 

observe the qualifying pilot in command in the performance of prescribed duties subject to certain 

conditions and limitations.

Sincerely,

Darren M Hall

Director of Training 

PSA Airlines Inc.