January 3, 2011 

U.S. Department of Transportation 

Docket Management System 

400 7th Street Southwest 

Room PL-401 

Washington D.C. 20590-0001 

Ladies/Gentlemen: 

In accordance with the provisions of 14 CFR 11, Subpart A, Comair Inc. (COMA005B) requests an 

extension to exemption 8837 from 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR). 

This extension, would permit Comair Inc. to continue our very successful program 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 that includes a 

takeoff and a landing when completing initial or upgrade training as specified in FAR 121.424. This 

substitution would only occur at the discretion of the POI and only when an FAA inspector is not 

immediately available, subject to certain conditions and limitations. 

SECTIONS OF THE FAR AFFECTED 

Section 121.434(c) (1) (ii) (Operating Experience, Operating Cycles, and Consolidation of Knowledge and 

Skills) in pertinent part: 

“In addition, if a qualifying pilot in command is completing initial or upgrade training specified 

in FAR 121.424, be observed in the performance of prescribed duties by an FAA Inspector during 

a flight leg that includes a takeoff and landing.” 

NATURE AND EXTENT OF RELIEF REQUESTED: 

This extension seeks continued relief from FAR 121.434(c)(1)(ii) when an FAA inspector is unavailable to 

observe a qualifying pilot in command during any of the scheduled operating experience flights. This 

exemption would continue to be subject to the following conditions and limitations: 

1. Comair Inc. will submit to its POI an estimate of the number of PICs completing training and a 

plan of how IOE will be conducted. The plan would be submitted to the POI prior to beginning 

IOE by qualified check airmen. 

2. Comair Inc. will nominate only qualified check airmen to perform IOE observation, and the FAA 

will approve the qualified check airmen to conduct the observations through a letter of 

authorization. 

3. The requirement of FAR 121.434(c)(1)(ii) will be considered fulfilled if the observation is 

performed by an FAA-authorized check airman. The observation requirement will be documented 

in the qualifying pilot’s record. 

4. The authorized check airman observing the qualifying pilot will be a check airman other than the 

one who is conducting the operating experience flights and will not have previously conducted 

any operating experience flight during the current initial or upgrade training of the qualifying PIC. 
SUPPORTING INFORMATION 

Background: 

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

pilot received in a visual simulator. Since that rule was adopted, the airline industry had 10 years 

experience with visual simulators followed by over 20 years experience with advanced simulation. 

The airlines have successfully trained tens of thousands of pilots using sophisticated advanced 

simulators. The combined experience of the airline industry and the FAA with advanced 

simulation has made the present rule obsolete. 

Justification: 

1. Continued Better use of FAA resources 

At Safety Summit I, sponsored by the Department of Transportation and the FAA, one of the 

recommendations from the Training Issues Working Group was to allow the substitution of a 

qualified company check airman to provide the FAA observation when an FAA inspector was not 

available. This allows the FAA to target its personnel on those areas deserving higher priority and 

attention, and thus provide a more cost effective use of an inspector’s time. The Safety Summit I 

recommendation has been endorsed at all levels of the FAA as an action that would clearly benefit 

the FAA and the airlines. 

2. Continued Reduced Training Delays and Associated Costs 

Delays in using a qualifying PIC for line operations that occur when the airline is forced to wait 

until the FAA can observe the qualifying PIC are costly. Comair anticipates a requirement to train 

approximately 20 new PICs each month. COMAIR has experienced periods where FAA 

manpower and resources have been limited, resulting in the POI’s inability to provide the 

necessary inspectors to perform initial operating experience (IOE) observations in a timely 

fashion. The resulting extension of time required to qualify a PIC creates additional costs to 

Comair as well as the potential for scheduled passenger flights to cancel due to lack of PICs. 

3. An Equivalent or Higher Level of Safety will Continue 

To ease the burden on APM’s other FAA inspectors are sometimes called upon to perform initial 

observations, however they may not be qualified on the airplane type flown or familiar with the 

airline’s operating procedures or routes. Utilizing a qualified company check airman who is 

highly qualified in the airplane to complete the observation guarantees more careful scrutiny of 

the PIC’s performcance than can be obtained from an observer who is not qualified in the aircraft. 

Thus, equivalent or even higher levels of safety are assured. 

4. Continues to Provide a Reduced Training Burden 

Compounding the problem for PICs who are waiting for FAA observation is the effect it may 

have on the PIC’s ability to accomplish the required 100 hours in 120 days to comply with the 

“Consolidation of Knowledge and skills” under FAR 121.434. Not only may the PIC 

consolidation period be extended through no fault of his/her own, but the operator would be 

required to provide refresher training and/or supervised line operations before the PIC may serve 

again on that particular aircraft. This would be disruptive to the PIC and costly to the operator. 

5. No Reduction in FAA Oversight 

The FAA has the authority to observe any pilot at any time, which the FAA routinely does. 

Relieving FAA inspectors from FAR121.434(c)(1)(ii) would allow the FAA to focus its efforts on 

higher priority safety concerns. Additionally, FAA will approve the selection of all check airmen 

and oversee their training and continuing qualification. 

6. Conditions and limitations of the current exemption will remain the same. 

Comair will continue to use the conditions and limitations granted with the original exemption request of: 

1. A Comair 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. Comair, 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 10hours 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 flights 

 phases, landing, taxi, and securing checklist. 

2. Each Comair check airman and 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 a check airman or aircrew program designee for Comair 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. Comair must maintain student, check airman, and aircrew program designee records that 

 demonstrate compliance with the conditions and limitations of this exemption. 

PUBLIC INTEREST: 

Continued Granting of this petition would permit: 

1. The FAA greater flexibility and better use of its inspection force by focusing on higher priority 

safety functions; 

2. Comair to ensure greater schedule integrity by significantly increasing the availability of qualified 

pilots, improving the airline’s ability to reduce flight cancellations and provide on-time, 

dependable air service to the public; and, 

3. Comair Inc. to reduce the unnecessary cost of wages and lost productivity for those qualified 

pilots waiting for the FAA observation. These cost factors directly influence the price of air travel 

by the public. 

NO ADVERSE EFFECT ON SAFETY 

This request is predicated on the precautions proposed in the conditions and limitations under the “Nature 

and Extent of Relief Requested”, the “Supporting Information” and “Public interest” discussion listed 

above which, when considered in their entirety, will provide at least an equivalent level of safety as 

provided by the existing rule while improving the ability of Comair Inc. to provide air service to the public 

with greater economic benefits to the public, FAA and Comair Inc. 

The continued use of this exemption would have no adverse effect on safety for the following reasons. 

1. The authorized check airman will continue to be highly trained and experienced with the particular 

airplane type and will be approved by the FAA; 

2. The check airman would continued to be used to fulfill the requirements of 121.434 (c)(1)(ii) only when 

an FAA inspector is not available; 
3. The FAA will continue to have the authority to observe any pilot at any time during line operations; and 

4. The proposed conditions and limitations associated with this exemption provide the FAA with 

ample opportunity to observe initial and upgrade PICs for the purpose of validating the Comair 

Inc. training. They also provide a quality control mechanism for evaluating the Comair Inc. 

designated check airman program. 

In accordance with the provisions of 14 CFR 11, Exceptions to Publication of Summary of Petition for 

Exemption, Comair Inc. requests that a finding of good cause be made for waiving publication in the 

Federal Register. The exemption, if granted, would not set a precedent and a delay in granting the 

requested extension would not be in the public interest. Comair Inc. therefore requests that the publication 

and comment period be waived. It is noted that three similar exemptions (Regulatory Docket No. FAA2006-26326, effective December 5, 2006, Regulatory Docket No. FAA-2006-25827, effective October 31, 

2006, and Regulatory No. FAA-2006-26039, effective October 23, 2006) have been granted in the past to 

other airlines. 

As required by 14 CFR 11, a summary if this petition is attached. Please inform me if you require any 

additional information to evaluate or act on this extension.. 

Sincerely, 

Kenneth B. Baell 

Chief Pilot 

Comair, Inc. 

cc: James Wohlhueter (Comair, Inc. POI) 

Attachment 

ATTACHMENT: Comair Inc. Petition to Initiate Rulemaking (FAR 121.434) 

SUMMARY 

Comair Inc. Petition to Initiate Rulemaking to FAR 121.434(c)(1)(ii). 

Comair Inc. petitions the Administrator to initiate rulemaking to amend portions of section 

121.434(c)(1)(ii) to permit Comair Inc., when an FAA inspector is not immediately available to provide 

observation of a qualifying PIC when completing initial or upgrade training as specified in FAR 121.424, 

to substitute a qualified and authorized check airman to observe the qualifying pilot in command in the 

performance of prescribed duties subject to certain conditions and limitations.