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Hogan Lovells US LLP 

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Direct phone +1 202 637 8898 

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www.hoganlovells.com 

January 14, 2013 

By Electronic Submission 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Petition of Republic Airline Inc. for Extension of 

FAA Exemption No. 9346B, Regulatory Docket No. FAA-2007-28086 

Dear Sir or Madam: 

Republic Airline Inc. (“Republic”) hereby petitions the Administrator of the Federal Aviation 

Administration (“FAA”), pursuant to 14 C.F.R. Part 11, for an extension of FAA Exemption No. 

9346B, last issued to Republic on March 10, 2011, exempting Republic from the requirements of 

14 C.F.R. § 121.434(c)(1)(ii), thereby allowing Republic to substitute a qualified and authorized 

check airman 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 a landing 

when completing initial or upgrade training as specified in § 121.424.1 

Exemption No. 9346B terminates on June 30, 2013. Republic respectfully requests that this 

exemption be extended for at least two additional years, through June 30, 2015. Republic hereby 

incorporates by reference all relevant information previously submitted in the instant docket. 

Republic submits that further extension of this exemption is in the public interest and will provide an 

equivalent level of safety -- findings that the FAA made in granting the initial exemption to Republic

on June 22, 2007, and in the subsequent extension of the exemption.2

 

 

1

 Section 121.434(c)(1)(ii) prescribes, in pertinent part, that if a qualifying PIC is completing initial 

or upgrade training specified in § 121.424, the PIC must be observed in the performance of prescribed 

duties by an FAA inspector during at least one flight leg that includes a takeoff and a landing. 

2

 The FAA has made similar findings and has granted (and extended) exemptions to similarly 

situated applicants. See, e.g., Docket FAA-2002-12009 (Chautauqua Airlines, Inc.); Docket FAA-2006-

26589 (Shuttle America Corporation); Docket FAA-2002-12947 (Trans States Airlines); Docket FAA-2005-

21877 (Freedom Airlines); Docket FAA-2006-24900 (Air Midwest); Docket 2006-24996 (Alaska Airlines). 
U.S. Department of Transportation 

Federal Aviation Administration 

January 14, 2013 

Page 2 

 

 

 

Good cause exists for the FAA to act on this petition without delay, and without publishing a 

summary in the Federal Register or awaiting comments, pursuant to 14 C.F.R. § 11.87. No new 

precedent will be established by extending the existing exemption previously granted to Republic. 

Republic urges the FAA to grant this non-controversial request for an extension of Exemption 

No. 9346B prior to the June 30, 2013 expiration date. In the event that the FAA does not act on this 

petition prior to that date, Republic hereby invokes and relies upon the automatic extension 

provisions of the Administrative Procedure Act, 5 U.S.C. § 558(c), to the extent that such relief is 

consistent with the FAA’s rules, policies and procedures, in order to continue the effectiveness of 

Republic’s current exemption pending the FAA’s final determination on this petition. 

Republic submits the following information in further support of this request: 

The original intent of § 121.434(c)(1)(ii), issued in early 1970, was to validate the training a pilot

received in a visual simulator. Since that rule was adopted, the airline industry has had over 40 

years of experience with visual simulators and advanced simulation. The airlines have 

successfully trained tens of thousands of pilots using sophisticated advanced simulators. 

Republic believes the advanced simulation experience of the airline industry combined with that 

of the FAA has made the present rule virtually obsolete. 

The FAA has for many years routinely granted similar requests for exemptions, subject to certain 

conditions and limitations, finding that there is an equivalent level of safety in allowing airlines to 

substitute a qualified and authorized check airman in place of an FAA inspector to satisfy the 

observation requirements. Republic submits that (a) the facts presented by Republic do not 

differ materially from those previously presented previously by Republic and by similarly situated 

petitioners; (b) the reasons stated by the FAA for previously granting the exemption to Republic 

and to similarly situated petitioners also apply to the situation presented herein by Republic; and 

(c) extension of the exemption to Republic is in the public interest. 

Republic currently expects that it may need to certify new PICs each year. Republic states that 

granting this exemption would allow -- 

1. The FAA greater flexibility and better use of its inspection force by focusing on higher 

priority safety functions; 

2. Republic to use a qualified pilot immediately after completing OE; 

3. Republic to significantly increase the use of qualified pilots and improve its ability to 

provide on-time, dependable air service to the public; and 

4. Republic to reduce the unnecessary cost of wages and lost productivity for those 

qualified pilots waiting for the FAA observation. 

By allowing a company check airman who is highly qualified in the airplane to complete the 

observation, a greater level of scrutiny and objectivity would be provided for the qualifying PIC, 

thus enhancing the level of safety. 
U.S. Department of Transportation 

Federal Aviation Administration 

January 14, 2013 

Page 3 

 

 

 

Finally, consistent with the conditions and limitations set forth in Exemption 9346B, Republic 

proposes that the extended exemption be subject to the same conditions and limitations, as 

follows: 

1. A Republic check airman or aircrew program designee may conduct a PIC observation in 

place of an FAA inspector when— 

a. 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. Republic, 

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 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. 

2. Each Republic 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 the observation; 

b. Have served as check airman or aircrew designee for Republic 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. Republic must maintain student, check airman, and aircrew program designee records that 

demonstrate compliance with the conditions and limitations of this exemption. 

The FAA has previously determined that compliance with these conditions and limitations would 

ensure an equivalent level of safety and would be in the public interest. Republic will continue to 

comply with the conditions and limitations to the exemption, thereby ensuring an equivalent level 

of safety for its operations. 
U.S. Department of Transportation 

Federal Aviation Administration 

January 14, 2013 

Page 4 

 

 

 

WHEREFORE, for the foregoing reasons, Republic respectfully requests that FAA issue an 

exemption, as requested herein. 

Respectfully submitted, 

Sheryl R. Israel 

Counsel for REPUBLIC AIRLINE INC. 

sheryl.israel@hoganlovells.com 

Attachment 

cc: Kevin Thomas, Indianapolis FSDO 

Jeff Davis 
 

ATTACHMENT 

FEDERAL REGISTER SUMMARY 

As stated in the foregoing petition for exemption, Republic Airline Inc. respectfully requests a 

waiver of the publication and comment requirements under 14 C.F.R. § 11.87. Nevertheless, in 

accordance with § 11.81(f), a summary of this Petition for an Extension of Exemption No. 9346B, for 

publication in the Federal Register is as follows: 

Docket No.: FAA-2007-28086 

Petitioner: Republic Airline Inc. 

Section of the FAR Affected: 14 C.F.R. § 121.434(c)(1)(ii) 

Description of Relief Sought: To extend Exemption No. 9346B to permit Republic 

Airline Inc. to substitute a qualified and authorized check airman 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 a landing when 

completing initial or upgrade training as specified in 14 C.F.R. § 121.424.