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# GAROFALO GOERLICH HAINBACH PC 1200 NEW HAMPSHIRE AVENUE NW ·SUITE590 ·WASHINGTON DC20036-6802 TELEPHONE202 776-3970 · FACSIMILE 202 776-3975 WWW.GGH-AIRLA.W.COM



### VIA FDMS Federal Aviation Administration Office ofthe ChiefCounsel Office ofRulemakings 800 Independence Avenue, S.W. Washington, D.C. 20591 December 1 0, 2014



### Re: Petition ofSouthern Airfor Renewal ofExemption No. 9845B; Docket No. 

### FAA-2004-19718 Ladies/Gentlemen: Southern Air Inc. (Southern), pursuant to Section 11.61 of the Federal Aviation Regulations, petitions for renewal of Exemption No. 9845B granting relief from FAR 121.434(c)(1)(ii) to permit Southern to continue to substitute a qualified, authorized company check airman in place of a Federal Aviation Administration inspector to observe a qualifying pilot-in-command (PIC) while that PIC performs prescribed duties during at least one flight that includes a takeoffand landing, when completing initial or upgrade training as specified in FAR 121.424. The FAA initially granted Southern an exemption from FAR 121.434(c)(l)(ii) on December 29, 2004 (Exemption No. 8464) and continually has renewed or reissued that exemption, most recently as Exemption No. 9845B on January 30, 2013. By its terms ExemptionNo. 9845B (copy enclosed) expires March 31, 2015. Southernrequests that a further renewal be grantedprior to that date andremain effective for at leasttwo years. Justification for renewal of Exemption No. 9845B is the same as for the original Exemption No. 8464 issued to Southern on December 29, 2004. In granting Exemption No. 8464, the FAA determined that relief was in the public interest inasmuch as it would reduce "'unnecessary costs that may influence the price of services to the public" and would "improve the airline's ability to provide on-time, dependable air service." Exemption No. 8464, pp. 1-2. FAA further stated that such an exemption would not adversely affect safety, provided that Southern complied with certain conditions and limitations. Southern submits that the circumstances stated in Southern's initial petition for exemption in this docket are unchanged and that Southern has remained in compliance with all

# GAROFALO GOERLICH HAINBACH PC Federal Aviation Administration December 10, 2014 Page 2 exemption conditions and limitations. 1 Southern submits that exemption relief from FAR 121.434(c)(1)(ii) continues to be in the public interest and to have no adverse effect upon safety, as previously determined bythe FAA. Southern submits that a summary of this petition need not be published in the Federal Register as the relief requested is identical to numerous exemptions granted previously, and granting this petition would not set a precedent. See FAR 11.87. FAA renewal of Southern's exemption also would be consistent with routine renewals of similar exemptions. See, e.g., ExemptionNo. 6473I granted to Federal Express Corporation, DocketNo. FAA-2000-12343 and Exemption 9755C granted to AlaskaAirlines, Inc., DocketNo. FAA-2006-24996. Thank you for your time and attention. If there are any questions, please feel free to contactus. Please note the suite numberin our mailing address has changed from 800 to 590. Sincerely,

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# C:G~I;c~ Jason E. Maddux GAROFALO GOERLICH HAINBACHPC Counsel for SouthernAirInc. Enclosure

In granting Exemption No. 8464A on December 29, 2006, FAA removed as unnecessary the condition in Exemption No. 8464 that Southern, as distinguished from the FAA, could conduct no more than 50 percent ofthe operating experience observations during any six-month period. Southern requests that the renewal requested here continue to not include this condition, which remains unnecessary.US.Department ofTransportation Federal Aviation Administration January 30, 2013

ExemptionNo. 9845B 800 Independence Ave. SW Washington. DC. 20591

Regulatory DocketNo. FAA-2004-19718

Mr. AaronA. Goerlich Counsel for Southern Air, Inc. Garofalo, Goerlich, Hainback PC 1200NewHampshire Avenue, NW., Suite 800 Washington, DC 20036-6802 DearMr. Goerlich: This letter is to inform you that we have granted your petitionto extend Exemption 9845, as amended. 

### It explains the basis for our decision, describes its effect, and lists the conditions and limitations. The Basis ofOurDecision OnNovember 13, 2012, you petitionedthe Federal Aviation Administration (FAA) onbehalf ofSouthern Air, Inc. (Southern), for an extension ofExemptionNo. 9845. That exemption from§ 121.434(c)(1)(ii) ofTitle 14, Code ofFederal Regulations (14 CFR) permits Southern to substitute a qualified and authorized check airman or aircrewprogram designee for an FAA inspectorto observe a qualifying pilot in command (PIC) who is completing initial or upgrade training specified in § 121.424 during at least one flight leg that includes atakeoff and a landing. Inyour petition, you indicate there has been no change in the conditions and reasons relative to public interest and safetythat were the basis for granting the original exemption. The FAAhas determined that good cause exists for notpublishing a summary ofthe petition in the Federal Registerbecause the requested extension ofthe exemptionwould not set a precedent, and any delay in acting on this petition wouldbe detrimental to Southern.

AFS-13-074-EOurDecision 

### The FAA has determinedthat thejustificationfor the issuance ofExemptionNo. 9845, as amended, remains valid withrespect to this exemption and is in the public interest. Therefore, under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administratorhas delegated to me, Ihereby grant your petition, subject to the following conditions and limitations. Conditions and Limitations 

### 1. A Southern check airman or aircrewprogram designee may conduct a PIC observation in place ofan FAA inspector whena. The Administratorpreapproves that substitution for each observation ofa qualifying PIC candidate, thus reserving first right ofrefusal to the FAA in each case. Southern, therefore, must contact an appropriate FAA office, in each instance, before substituting that check airman or aircrewprogram designee; b. The qualifying PIC candidate has completed no fewer 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 otherflight phases, landing, taxi, and securingchecklist. 2. Each Southern check airman or aircrewprogram designee conducting a PIC observation inplace ofan FAA inspector musta. Be approved by the Administratorto conduct the observation; b. Have served as a check airman or aircrew program designee for Southernfor no fewer than 6 months; and c. Not supervise the OE orconduct the initial line checkfor the qualifying PIC candidate being observed. 3. Southernmust maintain student, check airman, and aircrew program designee records that demonstrate compliance with the conditions and limitations ofthis exemption. 2TheEffect ofourDecision 

### Our decision extends the termination date ofExemptionNo. 9845, as amended, to March 31, 2015, unless sooner superseded orrescinded. Sincerely, 

### Is/ John M. Allen Director, Flight Standards Service 3