AFS-15-726-E

May 5, 2015

 Exemption No. 9346D

 Regulatory Docket No. FAA-2007-28086

Mr. Patrick R. Rizzi

Counsel for Republic Airline, Inc.

Hogan Lovells US, LLP

555 Thirteenth Street, NW.

Washington, DC 20004

Dear Mr. Rizzi:

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

No. 9346, 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 March 2, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Republic Airline, Inc. (Republic) for an extension of Exemption No. 9346, as 

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

(14 CFR) allows Republic 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.

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 Republic.
2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9346, 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, Republic Airlines is granted an extension to Exemption 

No. 9346 for § 121.434(c)(1)(ii) to the extent to allow Republic 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, subject to the 

conditions and limitations listed below.

Conditions and Limitations

1. A Republic 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. Republic, 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 Republic 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 Republic 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

3. Republic must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9346, as amended, to 

June 30, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John Bargallo

Acting Deputy Director, Flight Standards Service