### 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 furt her amended by Exemption 7376C on November 27, 2002 to standardize the conditions and lim itations for all exemptions from § 121.434 (c) (1) (ii). The reason for Delta Air Line’s request w as, and continues to be, the capability to provide the FAA with the option of conducting the observa tion 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) P ilot 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 inDepartment of Transportation August 2, 2010 Page 2

§ 121.424, be observed in the performance of pr escribed 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 pe rmit qualified check airmen to perform the FAA inspector’s observation of an initial or upgrade p ilot in command. It also allows the capability to provide the FAA with the option of conduc ting the observation with the ability to use approved Delta check airmen as a substitute wh en 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 opera ting 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 prepar ation, 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 fo r 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, Opera tions Specification C059, and Operations Specification C060 until the operating experien ce 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 mini mums the pilot has been trained for. Each of these regulations/operations specifications manda tes the hours to be completed as “PIC”.Department of Transportation 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 syst em. A check airman must be rescheduled to fly with the pilot during the FAA inspector obser vation. This causes the check airmen to not be available to conduct other operating e xperience work, hence the ripple effect.

D. Public Interest

.

This petition is in the public interest for r easons 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 comp leted 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 appr oval authority over the check airmen used. We

believe between the additional le vel 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 amendmen ts 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.Department of Transportation 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 substitutin g 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 fli ght 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