AFS

- 13

- 497

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October 29, 2013

Exemption No. 10888 Regulatory Docket No. FAA

- 2002

- 12947

David J.A. Hayes III, Esq.

Vice President & General Counsel

Trans States Airlines , In c. 11495 Navaid Road, Suite 340 Bridgeton , MO 63044

Dear Mr. Hayes :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exempti on, including the date it ends.

The Basis for Our Decision

By letter dated July 1, 2013

, you petitioned the Federal Aviation Administration (FAA) on

behalf of Trans States Airlines, Inc. ( Trans States ) , for an e xemption from § 121.434(c)(1)(ii)

of Title 1 4, Code of Federal Regulations to the extent necessary to a llow Trans States 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 du ring at least one flight leg that includes a takeoff and landing when completing initial or upgrade training as specified in § 121.424

. The FAA noted that Trans States last exemption was dated May 22, 2007. That exemption, however, expired on May 31, 200 9; therefore, we will treat your request as a new petition.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Trans States.

As noted in your petition, t he FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your recent petition. In Grant of Exempt ion2

No. 8054 , the FAA found that subject to certain conditions and limitations, the requirement for an FAA inspector to observe a qualifying PIC before he/she begins operations in an airplane unsupervised may be conducted by and satisfied Trans States ’ che ck airman or aircrew program designee. The FAA found that this could be accomplished without reducing the level of safety provided by the regulation.

Having reviewed your reasons for requesting an exemption, I find that

—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No

. 8054 ;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No

. 8054 also apply to the situation you present; and

 a grant of exemption is in the public int erest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Trans States Airlines, LLC an exemption from

14 CFR § 121.434(c)(1)(ii) to the extent necessary to a llow Trans S tates 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 landing when c ompleting initial or upgrade training as specified in § 121.424 , subject to the conditions and limitations described below.

Conditions and Limitations

1. A Trans States check airman or aircrew program designee may conduct a

PIC observation in place of an FAA inspector when

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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. Trans States, 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 le ss than 10 hours of supervised operating experience (OE) and accomplished no fewer than two takeoffs and landings; and

c. The qualifyi ng 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 Trans States check airman or a ircrew program designee conducting a PIC observation in place of an FAA inspector must

––

a. Be approved by the Administrator to conduct the observation,3

b. Have served as a check airman or aircrew program designee for Trans States 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. Trans States must maintain student, check airman, and aircrew program designee records that demonstrate compliance with the conditions and limitations of this exemption.

This exemption terminates on November 3 0, 2016 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosure