AFS-16-12410-E

September 20

th, 2016

 Exemption No. 9496D

 Regulatory Docket No. FAA-2007-28967

Mr. James M. White

Director of Operations

Compass Airlines, LLC

7500 Airline Drive, Suite 130

Minneapolis, MN 55450

Dear Mr. White:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9496, as amended. It explains the basis for our decision, describes its effect, and lists the 

conditions and limitations.

The Basis for Our Decision

By letter dated May 17, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Compass Airlines, LLC (Compass) for an extension of Exemption No. 9496, as 

amended. That exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations

allows Compass to substitute a qualified and authorized check airman or aircrew program 

designee for an FAA inspector to 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 a takeoff and a landing.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. In 

response to a request for clarification from the FAA dated July 13, 2016, Compass confirmed 

that it requests to utilize the exemption outside of U.S. airspace. The petitioner stated that it 

serves Canada and Mexico and limiting the exemption to domestic use would delay Compass’ 

ability to qualify pilots in a timely manner. The FAA has amended the conditions and 
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limitations to clarify that Compass may operate outside of the United States under this 

exemption, unless otherwise prohibited by a foreign country.

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 Compass.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9496, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. § § 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, Compass Airlines, LLC is granted an extension to its 

exemption from § 121.434(c)(1)(ii) that allows Compass to substitute a qualified and 

authorized check airman or aircrew program designee for an FAA inspector to observe a 

qualifying PIC who is completing initial or upgrade training specified in § 121.424 during at 

least one flight leg that includes a takeoff and a landing, subject to the following conditions 

and limitations.

Conditions and Limitations 

1. A Compass 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. Compass, 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 Compass 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 a check airman or aircrew program designee for Compass for no 

less than 6 months;

c. Not supervise the OE or conduct the initial line check for the qualifying 

PIC candidate being observed; and
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d. Conduct the observation from the observer seat only (i.e. not a required 

flightcrew member seat). Compass must maintain student, check airman, and 

aircrew program designee records that demonstrate compliance with the 

conditions and limitations of this exemption.

3. Compass may operate outside of the United States under this exemption, unless 

otherwise prohibited by a foreign country.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9496, as amended, to 

September 30, 2019, unless sooner superseded or rescinded. 

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service