AFS-16-0347-E 

October 30, 2015 

 Exemption No. 10375B 

 Regulatory Docket No. FAA-2011-0819 

Mr. Steve Ostrander 

Special Projects 

Allegiant Air, LLC 

1201 North Town Center Drive 

Las Vegas, NV 89144 

Dear Mr. Ostrander: 

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

No. 10375, 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 August 24, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Allegiant Air, LLC (Allegiant), for an extension of Exemption No. 10375. That 

exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) allows 

Allegiant 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 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 exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Allegiant. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 10375 

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, Allegiant Air, LLC is granted an extension to allow it to substitute a 

qualified and authorized check airman or aircrew program designee in place of an FAA 

inspector to observe a qualifying PIC while that PIC is performing prescribed duties during at 

least one flight leg that includes a takeoff and landing when completing initial or upgrade 

training as specified in § 121.424, subject to the following conditions and limitations. 

Conditions and Limitations 

1. An Allegiant 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. Allegiant, 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 Allegiant 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 Allegiant 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. 
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d. Allegiant must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption. 

This exemption terminates on October 31, 2018, unless sooner superseded or rescinded. 

Sincerely, 

 

/s/ 

John S. Duncan 

Director, Flight Standards Service