BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON D.C. 

 Docket FAA-2000-8000 

Petition of 

DELTA AIR LINES, INC. 

OPERATING CERTIFICATE DALA026A 

Petition to Extend Exemption 7376F continued 

relief from § 121.434 (c)(1)(ii) of Title 14, Code of 

Federal Regulations (14 CFR)

PETITION OF DELTA AIR LINES, INC. 

To Extend Exemption 7376F 

August 2, 2010 

Gentlemen: 

I. Petition to Extend Exemption. 

Pursuant to the provisions of 14 CFR Part 11, Delta Air Lines, Incorporated (DAL), petitions the 

Administrator to extend the effective date of Exemption No. 7376F of July 2, 2008. The exemption 

grants Delta Air Lines 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. The current exemption’s expiration date is 

August 31, 2010.

A. Background. 

Delta Air Lines received exemption authority in October, 2000, under Exemption No. 7376, to 

permit qualified check airmen to perform the FAA inspector’s observation of an initial or 

upgrade pilot in command. This exemption was amended to 7376A on December 11, 2000 to 

clarify scheduling requirements and was further amended by Exemption 7376C on November 

27, 2002 to standardize the conditions and limitations for all exemptions from § 121.434 (c) (1) 

(ii). The reason for Delta Air Line’s request was, and continues to be, the capability to provide 

the FAA with the option of conducting the observation with the ability to use approved Delta 

check airmen as a substitute when the FAA inspector was not available. 

Section of the FAR affected: 

§ 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 
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August 2, 2010 

Page 2 

§ 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. Provisions of the exemption. 

Exemption 7376F allows Delta Air Lines to permit qualified check airmen to perform the FAA 

inspector’s observation of an initial or upgrade pilot in command. It also allows the capability 

to provide the FAA with the option of conducting the observation with the ability to use 

approved Delta check airmen as a substitute when the FAA inspector was not available. 

Exemption 7376F is subject to the following conditions and limitations: 

1. A check airman or aircrew program designee may conduct the observation in place of the 

FAA when: 

a. The substitution of a check airman or aircrew program designee is pre-approved by the 

Administrator for each candidate. 

b. No less than 10 hours of supervised operating experience have been completed, and no 

fewer than two takeoffs and landings are accomplished during operating experience by the 

candidate; and, 

c. The pilot-in-command candidate is performing pilot-in-command duties during a 

complete flight leg, including cockpit preparation, before starting engines checklist, taxi, 

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

2. Each check airman or aircrew program designee must have the following special 

qualifications in order to conduct the observation in place of the FAA: 

a. Must be specifically approved to conduct this activity by the Administrator; and, 

b. Must have served as a check airman for that certificate holder for no less than six 

months; and, 

c. Must not supervise operating experience or conduct the initial line check for the 

candidate being observed. 

3. The certificate holder must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this exemption. 

C. Support for Action Sought. 

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

and the company in three possible ways: 

1. An initial or upgrade pilot in command can not begin to acquire pilot in command hours to 

fulfill the requirements of §121.652, Operations Specification C059, and Operations 

Specification C060 until the operating experience requirements of §121.434 are certified as 

complete. If the FAA observation is delayed, the pilot will take more calendar days until 

being able to operate to the lowest weather minimums the pilot has been trained for. Each of 

these regulations/operations specifications mandates the hours to be completed as “PIC”. 
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August 2, 2010 

Page 3 

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

observation, the pilot will not be scheduled for further flight duty 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 pilot is delayed in the completion of the operating experience requirements, it causes a 

ripple effect through the training 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, hence the ripple effect. 

D. 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, 

Operations Specification C59 and Operations Specification C60. 

• 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 whereas the other 

pilot may not be available for other revenue flights due to flight time limitations and 

contractual obligations. 

E. Equivalent Level of Safety. 

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

will continue to 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. 

II. Request for Expedited Handling. 

Delta is not requesting any additions or amendments to exemption 7376F. Delta requests immediate 

consideration of this petition. In accordance with FAR Part 11, DAL suggests that good cause exists 

for an exemption to Federal Register publication and comment procedures. 
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August 2, 2010 

Page 4 

III. Summary. 

A. Petition to Extend Exemption No. 7376F. 

Delta Air Lines, Inc., petitions the administrator for an extension of the effective date of Exemption 

No. 7376F to allow the continuation of substituting 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 landing when 

completing initial of upgrade training as specified in §121.434. Delta requests at least a three year 

extension. 

If we can provide additional information or be of any other assistance, please contact Charles M. 

Schramek, General Manager – Compliance and Quality Assurance (404-715-1112). We appreciate your 

consideration of this petition. 

Sincerely, 

//S// 

Stephen M. Dickson 

Senior Vice President Flight Operations 

SMD: cws 

cc: Mr. James T. Giles 

Principal Operations Inspector 

Federal Aviation Administration 

Delta Certificate Management Unit, CMO-27