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# vfl,/,. {;7Ait'lines 2705 Airport Drive, North Las Vegas, Nevada 89032 702-647-7700 Phone I**702-646-6~71 ~ax** 

January 12, 2015

Docket Management Facility US Department ofTransportation 1200 NewJersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 Attention: Rules Docket, AGC-10

Re: Request for Extension of Exemption 10693



### I. Petition .r::

Pursuant to the provisions ofCFR 11.25, Vision Airlines Inc. petitionstheAdministrator for anextension ofthe relief provided by Exemption 10693 from the requirements-of §121.434(c)(l)(ii) ofTitle 14, Code of Federal Regulations (14 CFR) to the extent necessary to permit qualified check airmen to perform the FAAinspe_ctor's observation ofan initial or upgrade pilot in 'command.

A. Section ofthe FAR Affected: CFR 121:434(c) states, in pertinent part, (c) Pilot crewmembers mustacquire operating experience and operating cycles as follows: (1) A pilot in command must- (ii)

...... ifa 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 atakeoffand landing.

B. Background. The original intent ofthe FAA observation ofthe initial and upgrade pilot in command
was to validate the use ofvisual simulatortraining. Since this rule was enacted in 1970, the air carriers have trained thousands of pilots usingvisual and advanced simulation with no adverse trends of pilot proficiency due tothe use ofsimulators. In fact, the training and checking programs have been so successful, there use is nowthe industry standard. The use oftoday's' high fidelity simulation in the FAA approved Level Cand Level Dsimulators· has brought simulation to a level wherethere is virtually no 'difference between simulated events and actual flight; to include conceivable environmental anomalies that affectthe human senses. With this high level of realistic trainingto include Line Oriented Flight Training (LOFT) in today's approved simulators, combined with the required on-line operating experience in the aircraft, what wasoriginally intended as avalidation check ofthe simulatortraining program bythe FAA, the observation has transitioned to a rite of passage for the up-grading pilot and a financial burden tothe Administrator and carrier alike.

Since 1996the Federal Aviation Administration has granted exemptions to several air carriers, including Vision, petitioningfor relieffrom the FAA inspector observation requirements of§121.434(c)(l)(ii).

Over the past few years we have seen the staffing levels ofcurrent and qualified aviation safety inspectors at the Vision Certificate Management Office (WP-19) diminish. It has become increasingly difficultto schedule checks and observations around their already demanding surveillance schedules. With Vision's growth and expanded areas of operation, combined with the fiscal and security restrictions ofthe Administrator, it has become impossible forthe inspectorsto conduct many ofour required observations, as much as theywould like to.

C. Nature and Extent of Relief Requested. Vision Airlines requests to continue to utilize qualified check airmen to conduct the required FAA observation required by §121.434(c)(1)(ii). The intent is to always provide the FAA with the option ofconductingthe observation with the abilityto use approved Vision check airmen as asubstitute when an FAA inspector is not available.

D. Support forAction Sought. Ifa pilot in command cannot be observed duringthe planned scheduled flight it affects the pilot and the company in the leastthese three possible ways: 1. An initial or upgrade pilot in command cannot begin to acquire pilot in command hours to fulfill the requirements of §121.652, until the operating experience requirements of§121.434 are certified as complete. Ifthe FAA observation is delayed, the company is denied use ofa needed asset. 2. Ifthe only event missingto fulfill the requirement of§121.434 is the FAA inspector observation, the pilot cannot be scheduled forflight duty as a PIC until this event can be completed. While we await the event, the pilot is not able to acquire hours/experience necessary forthe consolidation of knowledge and skills [§121.434 (g)]. 3. When the pilot is delayed in the completion ofthe operating experience requirements, it causes a ripple effectthrough the training and scheduling system. A check airman must be rescheduled to fly with the pilot duringthe FAA inspector observation. This causes the check airmen to not be available to conduct other operating experience work or assigned to other duty, hence the ripple effect all through our scheduling system.

As stated previously, many carriers, to include Vision, have been granted exemption from §121.434(c)(1)(ii). Granting Vision the abilityto continue to perform the required observations internallywill allow us to maintain our schedule integrity and provide the FAA greaterflexibilityto balance their limited resources to areas where oversight is
more critical.E. Public Interest. This petition is in the public interestfor reasons ofsafety and efficiencyforthe following
reasons:
• Preventthe pilotfrom having an interruption to their consolidation of knowledge and skills §121.434(g).

• Allow forthe operating experience to be completed as originally scheduled allowingthe pilot in command to begin acquiring hours tofulfill the requirements of §121.652.

• Reduce the need for other pilots to flytripswhich would have been operated by the pilot awaitingthe FAA inspector observation. This creates afinancial impact
on the upgrading pilot because he cannot be assigned as a Captain. It creates a financial burden on the Company as we are unable to staffto our schedule requirements. It creates a burden on the current Captains and theirfamilies as they lose days free ofduty and additional rest due tothe staffing shortage of additional qualified Captains.

F. Equivalent Level ofSafety. By allowing fully qualified Vision check airmen to conduct the required FAA observation there will be an equivalent or increased level ofsafety. The check airmen must maintain all the qualifications of §121 subpart Nfor check airmen. The FAA observer is not held to this same standard. Additionally, the FAA has approval authority overthe check airmen used. We believe between the additional level ofqualification and the FAA approval process, the check airmen observers will be at least equivalenttothe FAA observers.

Vision has followed the following conditions in the exercise ofexemption 10693 which maintain an equivalent level ofsafety. 1} Underthis exemption, each check airman performingthe duties otherwise appropriate to an FAA inspector must: a) Be an employee ofVision Airlines, and b) Be qualified and current in the duties ofthe PIC in the aircraft being operated, and c) When practicable, have been employed by Vision Airlines as a check airman for a minimum of 1year. 2) Vision Airlines must submit

### to, and have approved by its FAA Principal Operations Inspector (POl) in a letterofapproval, the name ofeach check airman used under this exemption before that check airman performs duties underthis exemption. 3} Vision Airlines and the POl, will agree that no observation will be conducted under this exemption unless the FAA determinesthat there is not an FAA inspector available to observe the affected operation and so informsthe certificate holder. At least 10 days notice must be given tothe POl ofthe observation requirement. 4) The check airman observingthe qualifying pilot must be a check airman otherthan the check airman conductingthe operating experience flight. 5) The check airman observingthe qualifying pilot may not have previously conducted any operating experience flight duringthe current, initial, or upgrade training ofthe qualifying PIC.6} Each operation conducted underthe exemption must be recorded in the Vision Airlines approved training records. 7} No observation may be conducted underthis exemption priortothe flight leg during which the qualifying PIC will complete the minimum numberof hours specified in 121.434(c)(3). 8) Each certificate holder using this exemption must maintain the records necessaryto demonstrate compliance with the conditions and limitations ofthis exemption.

II. Request for Expedited Handling

Vision Airlines requests consideration ofthis petition for extension withoutthe 120 day waiting period. In accordance with FAR Part 11, Vision suggests that good cause exists for an exemption to Federal Register publication and comment procedures. Relief similar in nature has been granted to several other air carriers. Vision believes there is
no conflict in safety and the public interestwould be served by expediting our request.

Ill. Summary-Petition for Exemption

Vision Airlines, Incorporated, petitionsthe Administrator for extension of relieffrom §121.434(c)(1)(ii) ofTitle 14, Code of Federal Regulations {14 CFR) tothe extent necessary to permit qualified check airmen to perform the FAA inspector's observation ofan initial or upgrade pilot in command.

Vision requests the extension ofthe exemption to preclude the possibility of having initial and upgrade pilots in command delayed from continuingtheir normal schedule and timely career progression because an FAA inspectorwas unavailable to perform the observation as required by §121.434(c)(1)(ii).

In orderto expeditethe extension request, Vision has mirrored the exemption conditions previously granted to Vision. Relieffrom the FAA inspector requirements has been in effect since 1996with no adverse affect on pilot proficiency or safety. Granting this request will allowthe FAA greater flexibilityto balance their resources. Even though there is a cost associated with using check airmen to perform the required FAA observation, Vision believes the benefit of maintainingthe pilots schedule and the cost reduction of not rescheduling the pilots who would be needed to coverthe flight segments missed, best serves theflying public, the initial/upgrade pilots and Vision Airlines.

If I can provide any additional information or be ofanyfurther assistance in the facilitation ofthis extension please contact me directly.ision Airlines 

### 0: 702-599-5319 M: 702-328-7331 jwalden@visionairlines.com

CC: Larry GWilkinson Kip PShoemaker Robert XYoung Robert Stienke