OMNI AIR INTERNATIONAL

P.O. BOX 582527  TULSA, OK 74158  918-836-5393  FAX: 918-831-3098

April 4, 2013

U.S. Department of Transportation 

Docket Operations, M30 

West Building ground floor 

Room W12-140 

1200 New Jersey Avenue, SE. 

Washington, D.C. 20590

Re: Petition for extension to exemption 8644 from 14 CFR §121.434(c)(1)(ii) 

FAA Docket Number FAA-2005-22497

Ladies and Gentlemen:

Pursuant to Federal Aviation Regulation (“FAR”) §11.25, (14 CFR §11.25), Omni Air International (“OAI”) 

hereby requests a two-year extension of Exemption 8644 from FAR §121.434(c)(1)(ii) in order to permit 

OAI to substitute a qualified and authorized Check Airman or Aircrew Designee 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 that includes a takeoff and a landing when completing upgrade training as 

specified in FAR §121.424. This substitution now occurs only with FAA-approved Check Airmen when an 

FAA inspector is not immediately available, and would be subject to other conditions and limitations set 

forth below. OAI’s existing exemption expires September 30, 2013. 

THE AFFECTED FAR 

FAR §121.434(c)(1)(ii) states, in pertinent part, that if a qualifying PIC is completing initial or upgrade 

training specified in FAR §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 

. 

NEED FOR THE EXEMPTION EXTENSION

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

received in a visual simulator. Since the adoption of the rule, the airline industry has gathered many years 

of experience with basic and advanced simulation. The combined industry/FAA experience with advanced 

simulation has marginalized the original intent of the present rule.

The FAA has the authority to observe any pilot any time at the discretion of the Administrator and 

continues to do so regularly. However, the FAA conducts these routine observations on a schedule 

defined by the local office without the requisite burden of specifying a particular flight or flight series 

necessitated by the carrier’s training and service schedule. Relieving FAA Inspectors from FAR 

121.434(c)(1)(ii) will allow the FAA to focus the efforts on higher priority safety concerns.

Operational issues directly related to the impact of the FAR 121.434(c)(1)(ii) requirement upon Omni Air 

International are listed below: 

1. Omni Air International operates 90% of its flights in the Euro-Asian international environment under 

Department of Defense contract and must necessarily perform its PIC Operating Experience segments 

within that environment. 

2. Scheduling of DoD flights is often short-notice and unpredictable in nature and renders appropriate 

planning by local FAA office difficult or impossible.
OMNI AIR INTERNATIONAL

P.O. BOX 582527  TULSA, OK 74158  918-836-5393  FAX: 918-831-3091

3. Domestic segments are often in positioning or non-live configurations on weekends in preparation for 

international staging. 

4. DoD contracts demand operational flexibility, schedule change/substitution, segment re-routes, and 

other dynamic elements impacting the scheduling of FAA participation and render compliance with the 

FAR difficult or impossible in a manner that allows for efficiency in the completion of our OE requirements 

by rule. 

As a result of these and other issues, and in the absence of grant of this request, many of our PIC 

candidates would necessarily remain in OE status far in excess of the hours required or necessary for the 

completion of the qualification requirement while attempting to marry the appropriate FAA Inspector with 

the operational segment. OAI Check Airmen would be required to remain with PIC candidates who are 

otherwise qualified to matriculate to PIC status, negatively impacting productivity and incurring 

unnecessary financial burdens. Grant of this request for extension would continue to allow highly qualified 

company Check Airmen to complete the observation, and provide a greater level of scrutiny and 

objectivity for the qualifying PIC. 

The FAA grant of original petition under this docket number was based upon consideration of these 

factors of OAI operations. The nature of OAI operations remains unchanged since the original grant of 

petition and we respectfully submit that these factors continue relevance to this request. 

PUBLIC INTEREST 

Granting this exemption extension would continue to: 

1. Allow the FAA greater flexibility and better use of its inspection force by focusing upon higher priority 

safety functions. 

2. Allow Omni Air International the opportunity to employ a qualified pilot immediately upon completion of 

the necessary operating experience. 

3. Afford Omni Air International the opportunity to significantly increase use of qualified pilots and improve 

on-time, dependable air service to our customers, and, 

4. Afford Omni Air International the opportunity to reduce the unnecessary costs of wages and lost 

productivity for those qualified pilots awaiting FAA observation. These costs directly and ultimately impact 

our ability to compete effectively in the marketplace.

NO ADVERSE AFFECT ON PUBLIC SAFETY 

Granting and using this proposed exemption would have no adverse effect upon safety for the reasons 

specified below: 

1. The authorized Check Airman will be highly trained, experienced, and qualified in the particular aircraft 

type and will be specifically authorized and approved by the FAA. 

2. The Check Airman will only be used to fulfill FAR 121.434(c)(1)(ii) when a qualified FAA inspector is not 

available. 

3. The FAA has the authority to observe any pilot at any time during line operations
OMNI AIR INTERNATIONAL

P.O. BOX 582527  TULSA, OK 74158  918-836-5393  FAX: 918-831-3098

CONDITIONS AND LIMITATION OF THIS EXEMPTION EXTENSION 

OAI proposes that the requested exemption extension continue to be subject to the following conditions 

and limitations: 

1) An Omni check airman or aircrew program designee may conduct a PIC observation in place of an 

FAA inspector when—

a) The Administrator preapproves that substitution for each observation of a qualifying PIC candidate, 

thus reserving first right of refusal to the FAA in each case; 

b) The qualifying PIC candidate has completed no less than 10 hours of supervised operating experience 

(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 flight deck 

preparation, before starting engines checklist, taxi, takeoff, all other flight phases, landing, taxi, and 

securing checklist. 

2) Each Omni 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 Omni 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) Omni must maintain student, check airman, and aircrew program designee records that demonstrate 

compliance with the conditions and limitations of this exemption. 

REQUEST TO WAIVE PUBLICATION OF PETITION 

Omni Air International is aware that the FAA has granted several exemption extensions to individual 

operators for similar relief sought by this request. Therefore, since granting this exemption extension is 

not precedent setting, Omni Air International requests that publication of this petition in the Federal 

Register be waived in accordance with Section 11.87(b). 
OMNI AIR INTERNATIONAL

P.O. BOX 582527  TULSA, OK 74158  918-836-5393  FAX: 918-831-3091

SUMMARY 

In summary, the original exemption focuses upon the timely and competent completion of the observation 

flight and better utilization of qualifying pilots in command. 

Omni Air International petitions for an extension to exemption from FAR 121.434(c)(1)(ii) to continue to 

permit us at our discretion, when an FAA inspector is not available for such purpose; to provide for 

observation of a qualifying Pilot in Command when completing initial or upgrade training as specified in 

FAR 121.434. Omni Air International will substitute a qualified and authorized check airman to observe 

the qualifying pilot in command in the performance of prescribed duties subject to the conditions and 

limitations specified.

Sincerely, 

Robert E. Zeng 

Director of Operations 

Omni Air International 

3303 N. Sheridan Rd. 

Hangar 19 

Tulsa, OK 74115

Cc: David Rose, Senior Director of Operations 

 Willard McMillen, Principal Operations Inspector