AFS-13-497-E

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, Inc.

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 exemption, 

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 exemption from § 121.434(c)(1)(ii)

of Title 14, Code of Federal Regulations to the extent necessary to allow 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 during 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, 2009; 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, the FAA has issued a grant of exemption in circumstances similar in 

all material respects to those presented in your recent petition. In Grant of Exemption 
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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’ check 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 interest.

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 allow 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 during at least one 

flight leg that includes a takeoff and landing when completing 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––

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 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 flightdeck preparation, before starting engines checklist, taxi, 

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

2. Each Trans States 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,
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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 30, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure