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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 of Transportation 

1200 New Jersey 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 

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Pursuant to the provisions of CFR 11.25, Vision Airlines Inc. petitions the Administrator 

for an extension of the relief provided by Exemption 10693 from the requirements-of 

§121.434(c)(l)(ii) of Title 14, Code of Federal Regulations (14 CFR) to the extent 

necessary to permit qualified check airmen to perform the FAAinspe_ctor's observation 

of an initial or upgrade pilot in 'command. 

A. Section ofthe FAR Affected: 

CFR 121:434(c) states, in pertinent part, (c) Pilot crewmembers must acquire 

operating experience and operating cycles as follows: 

(1) A pilot in command must-

(ii) ...... 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 landing. 

B. Background. 

The original intent of the FAA observation of the initial and upgrade pilot in command 

was to validate the use of visual simulator training. Since this rule was enacted in 1970, 

the air carriers have trained thousands of pilots using visual and advanced simulation 

with no adverse trends of pilot proficiency due to the use of simulators. In fact, the 

training and checking programs have been so successful, there use is now the industry 

standard. The use of to day's' high fidelity simulation in the FAA approved Level C and 

Level D simulators· has brought simulation to a level where there is virtually no 

'difference between simulated events and actual flight; to include conceivable 

environmental anomalies that affect the human senses. With this high level of realistic 

training to include Line Oriented Flight Training (LOFT) in today's approved simulators, 

combined with the required on-line operating experience in the aircraft, what was 
originally intended as a validation check ofthe simulator training program by the FAA, 

the observation has transitioned to a rite of passage for the up-grading pilot and a 

financial burden to the Administrator and carrier alike. 

Since 1996 the Federal Aviation Administration has granted exemptions to several air 

carriers, including Vision, petitioning for relief from the FAA inspector observation 

requirements of §121.434(c)(l)(ii). 

Over the past few years we have seen the staffing levels of current and qualified 

aviation safety inspectors at the Vision Certificate Management Office (WP-19) diminish. 

It has become increasingly difficult to 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 of the Administrator, it has 

become impossible for the inspectors to conduct many of our required observations, as 

much as they would 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 of conducting the observation with the ability to use approved 

Vision check airmen as a substitute when an FAA inspector is not available. 

D. Support for Action Sought. 

If a pilot in command cannot be observed during the planned scheduled flight it affects 

the pilot and the company in the least these 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. If the FAA observation is 

delayed, the company is denied use of a needed asset. 

2. If the only event missing to fulfill the requirement of §121.434 is the FAA 

inspector observation, the pilot cannot be scheduled for flight 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 for the consolidation of knowledge and skills 

[§121.434 (g)]. 

3. When the pilot is delayed in the completion of the operating experience 

requirements, it causes a ripple effect through the training and scheduling 

system. A check airman must be rescheduled to fly with the pilot during the 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 ability to continue to perform the required 

observations internally will allow us to maintain our schedule integrity and provide the 

FAA greater flexibility to balance their limited resources to areas where oversight is 

more critical. 
E. Public Interest. 

This petition is in the public interest for reasons of safety and efficiency for the following 

reasons: 

• Prevent the pilot from having an interruption to their consolidation of 

knowledge and skills §121.434(g). 

• Allow for the operating experience to be completed as originally scheduled 

allowing the pilot in command to begin acquiring hours to fulfill the 

requirements of §121.652. 

• Reduce the need for other pilots to fly trips which would have been operated by 

the pilot awaiting the FAA inspector observation. This creates a financial 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 staff to our schedule 

requirements. It creates a burden on the current Captains and their families as 

they lose days free of duty and additional rest due to the staffing shortage of 

additional qualified Captains. 

F. Equivalent Level of Safety. 

By allowing fully qualified Vision check airmen to conduct the required FAA observation 

there will be an equivalent or increased level of safety. The check airmen must maintain 

all the qualifications of §121 subpart N for check airmen. The FAA observer is not held to 

this same standard. Additionally, the FAA has approval authority over the check airmen 

used. We believe between the additional level of qualification and the FAA approval 

process, the check airmen observers will be at least equivalent to the FAA observers. 

Vision has followed the following conditions in the exercise of exemption 10693 which 

maintain an equivalent level of safety. 

1} Under this exemption, each check airman performing the duties otherwise 

appropriate to an FAA inspector must: 

a) Be an employee of Vision 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 1 year. 

2) Vision Airlines must submit to, and have approved by its FAA Principal Operations 

Inspector (POl) in a letter of approval, the name of each check airman used under 

this exemption before that check airman performs duties under this exemption. 

3} Vision Airlines and the POl, will agree that no observation will be conducted under 

this exemption unless the FAA determines that there is not an FAA inspector 

available to observe the affected operation and so informs the certificate holder. At 

least 10 days notice must be given to the POl of the observation requirement. 

4) The check airman observing the qualifying pilot must be a check airman other than 

the check airman conducting the operating experience flight. 

5) The check airman observing the qualifying pilot may not have previously conducted 

any operating experience flight during the current, initial, or upgrade training of the 

qualifying PIC. 
6} Each operation conducted under the exemption must be recorded in the Vision 

Airlines approved training records. 

7} No observation may be conducted under this exemption prior to the flight leg during 

which the qualifying PIC will complete the minimum number of hours specified in 

121.434(c)(3). 

8) Each certificate holder using this exemption must maintain the records necessary to 

demonstrate compliance with the conditions and limitations of this exemption. 

II. Request for Expedited Handling 

Vision Airlines requests consideration of this petition for extension without the 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 interest would be served by expediting our request. 

Ill. Summary-Petition for Exemption 

Vision Airlines, Incorporated, petitions the Administrator for extension of relief from 

§121.434(c)(1)(ii) of Title 14, Code of Federal Regulations {14 CFR) to the extent 

necessary to permit qualified check airmen to perform the FAA inspector's observation 

of an initial or upgrade pilot in command. 

Vision requests the extension of the exemption to preclude the possibility of having 

initial and upgrade pilots in command delayed from continuing their normal schedule 

and timely career progression because an FAA inspector was unavailable to perform the 

observation as required by §121.434(c)(1)(ii). 

In order to expedite the extension request, Vision has mirrored the exemption 

conditions previously granted to Vision. Relief from the FAA inspector requirements has 

been in effect since 1996 with no adverse affect on pilot proficiency or safety. Granting 

this request will allow the FAA greater flexibility to 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 maintaining the pilots schedule and the cost 

reduction of not rescheduling the pilots who would be needed to cover the flight 

segments missed, best serves the flying public, the initial/upgrade pilots and Vision 

Airlines. 

If I can provide any additional information or be of any further assistance in the 

facilitation of this extension please contact me directly. 
ision Airlines 

0: 702-599-5319 

M: 702-328-7331 

jwalden @visionairlines.com 

CC: Larry G Wilkinson 

Kip P Shoemaker 

Robert X Young 

Robert Stienke