AFS

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- 11910

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September 6, 2016

Exemption No. 4416Q Regulatory Docket No. FAA

- 2002

- 12831

M s. Sophia Ghezai Director, Aviation Safety and Operations

Airlines for America

1275 Pennsylvania Avenue, NW. Suite 1300 Washington, DC 20004

Dear M s

. Ghezai :

This letter is to inform you that we have granted your petition to extend Exemption No. 4416, as

amended . It explains the basis for our decision , desc ribes its effect, and lists th e conditions and

limitations.

The Basis for Our Decision

By letter dated May 20, 2016 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Airlines for America (A4A) for an extension of Exemption No. 4416, as amended

. That exemption fro m § 121.424(a) (1) , (b) (3) , and (d)(1); item I (a) of appendix E to part 121; and item I (b) of A ppendix F to part 121 of Title 14, Code of Federal Regulations (14 CFR) allows part 119 certificate holders conducting operations under part 121 to conduct trai ning and checking of pilots on airplanes that require two flight crewmembers for the required preflight inspection, both interior and exterior, using approved advanced pictorial means.

In your petition, you indicate that there has been no change in the co nditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

W hen A4A previously petitioned for this exemption , the FAA granted relief to the petitioner’s

member airlines , as well as to “other qualif ying part 119 certificate holders

. ” Howe ver, in an effort to manage exemptions granted by the FAA and to facilitate operator compliance with the conditions and limitations of a grant of exemption, the FAA is no longer includ ing “ other qualifying part 119 certificate holders” in grants of exemption. T he FAA recognizes that2

several certificate holders that are not members of A4A have been authorized use of this exemption. In order to provide sufficient time for these certificate holders to petition for si milar relief and for the FAA to address the petitions, the FAA is extending this exemption with relief granted to other qualifying cert ificate holders for a limited period of six months

.

The FAA highlights that the Regional Airline Association ( RAA) has been granted a separate exemption to allow its part 121 member airlines to conduct training and checking of pilots on airplanes that require two flightcrew members for the required preflight inspection, both interior and exterior, using approved a dvanced pictorial means (Exemption No. 17066). Exemption No. 17066 applies to RAA members only.

A ny part 119 certificate holder that is not a member or associate member of A4A or RAA wishing to exercise the relief provided by this grant of exemption afte r March 31, 2017 must submit a petition for similar relief to the docket

. Once the FAA has received the certificate

holder ’ s petition for exemption, a fter analysis of the petition, if appropriate, the FAA will amend

Attachment 1 to Exemption No. 4416 to i nclude the additional certificate holder

. After March 31, 2017, a certificate holder may only exercise the relief provided by th e grant of exemption when it is listed in Attachment 1 to Exemption No. 4416 , as amended.

The FAA notes that similar exempti ons previously included relief from § 61.157(a). The FAA further notes that Appendix A to part 61 and the reference to Appendix A found in 14 CFR 61.157(a) were removed from 14 CFR as part of the “Pilot, Flight Instructor, Ground Instructor, and Pilot Scho ols Certification Rules” final rule (62 FR 16220, April 4, 1997). Thus, as these sections no longer exist, t he FAA is no longer including relief from § 61.157(a) in exemptions of this nature.

The FAA has determined that good cause exists for not publishi ng a summary of the petition in

the Federal Register beca use the requested extension of the exemption would not set a precedent, and any delay in acting on this pe tition would be detrimental to A4A member

airlines

.

Our Decision

The FAA has determined that the justification for th e issuance of Exemption No. 4416 , as amended remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 1 06(f), 40113

, and 44701, which the FAA

Administrator has delegated to me, Airlines for America is hereby granted an extension that

allows part 119 certificate holders conducting operations under part 121 to conduct training and checking of pilots on airplanes that require two flight crewmembers for the requ ired preflight inspection, both interior and exterior, using approved advanced pictorial means, subject to the following conditions and limitations.3

Conditions and Limitations

1. Each certificate holder desiring to use the provisions of this exemption must d evelop still

and /or motion pictures providing distant and detailed close

- up views of each passenger compartment and exterior preflight inspection item depicting normal and abnormal

conditions.

2. The projection equipment must provide rapid and random access c apability to any picture for training and checking purposes.

3. The pictures and descriptions of the items must be approved by the FAA Principal Operations Inspector assigned to that certificate holder.

4. Each pilot must receive training to proficiency and dem onstrate proficiency on at least one complete visual inspection of the interior and exterior of a static airplane of the appropriate type. This training and demonstration of proficiency must be successfully completed and documented by a check airman befor e the completion of operating experience required by § 121.434.

5. Training devices used for the flight deck portion of the preflight visual inspection must be approved for that function, must accurately replicate the aircraft flight deck geography, and must simulate appropriate systems functions to include control, switch, instrument, and circuit breaker functions in regard to normal, abnormal, and emergency procedures

.

The Effect of Our Decision

Th is exemption terminates on March 31 , 201 7

, unless sooner supe rseded or rescinded.

Sincerely,

/s/
John Barbagallo Deputy Director, Flight Standards Service