AFS

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- E May 5, 2015

Exemption No. 9346 D Regulatory Docket No. FAA

- 2007

- 28086

Mr. Patrick R. Rizzi Counsel for Republic Airline, Inc. Hogan Lovells US, LLP

555 Thirte enth Street, NW

. Washington, DC 20004

Dear M r. Rizzi :

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

No. 9346 , as amended . It expl ains the basis for our decision, describes its effect, and lists the

conditions and l imitations.

The Basis for Our Decision

By letter dated March 2 , 201 5 , 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 § 121.43 4(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 reques ted extension of t he exemption would not set a precedent, and any delay in acti ng on this petition would be det rimental to Republic

.2

Our Decision

The FAA has determined that the justification for the issuance of E xemption No. 9346 , as amended remains valid with respect to this exemption and is in the public interest. Therefore,

und er the authority provide d by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegat ed 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 qual ified 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 an d 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 substit ution 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 progra m 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 fligh t 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 F AA 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 termin ation date of E xemption No. 9346 , as amended

, to June 30, 201 8

, unless sooner superseded or rescinded

.

Sincerely,

/s/ John Bargallo Acting Deputy Director, Flight Standards Service