JONATHAN B. HILL

MEMBER

D 202/776-2725 E JHILL@DOWLOHNES.COM

F 202/776-4725

February 4, 2013 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Avenue, SW RENEWAL OF EXEMPTION

Washington, DC 20591 

Attention: Rules Docket (AGC-10)-Exemption 8099- 

 Regulatory Docket No. FAA-2003-15446 

Dear Ladies/Gentlemen: 

 Pursuant to Federal Aviation Regulation (“FAR”) § 11.63, JetBlue Airways Corporation 

(“JetBlue”), a Part 121 air carrier, petitions the Administrator for a renewal of the referenced 

exemption from FAR § 121.434, initially issued July 22, 2003 (hereinafter “Exemption”) to the 

extent necessary to continue to permit an appropriately qualified and FAA-authorized check 

airman to observe (and, when necessary, substitute for the observation by an FAA inspector) a 

qualifying pilot in command (“PIC”), who is completing the initial training specified in FAR 

§ 121.424. The fourth renewal of the Exemption expires, unless renewed, on July 31, 2013. 

Impacted Sections of the FAR 

 Section 121.434(c)(1)(ii) (Operating Experience, Operating Cycles, and Consolidation of 

Knowledge and Skills) reads in pertinent part: 

In addition, if a qualifying pilot in command is completing initial or upgrade training 

specified in § 121.424, be observed in the performance of prescribed duties by an FAA 

inspector during at least one flight leg which includes a takeoff and a landing.

Exemption Granted 

 By letter dated July 2, 2003, the Acting Director of Flight Standards granted JetBlue the 

Exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) to the 

extent necessary to permit JetBlue to substitute a qualified and authorized check airman or 

aircrew program designee for an FAA inspector to observe a qualified pilot in command (PIC) 

who is copiloting initial or upgrade training specified in § 121.42 during at least one flight leg 

that includes a takeoff and a landing. The exemption was renewed by letters dated May 4, 2005, 

April 9, 2007, July 30, 2009, and April 12, 2011 (Exhibits 1, 2, 3, & 4). 
Federal Aviation Administration 

February 4, 2013 

Page 2 

Discussion 

The original intent of 121.434(c)(1)(ii), issued in 1970, was to validate the training a pilot 

received in a flight simulator. Since that rule was adopted, the airline industry has had decades 

of experience with visual simulators followed by nearly two decades experience with highly 

advanced simulation. Domestic airlines have successfully trained thousands of pilots using 

sophisticated advanced simulators. The combined experience of the airline industry and the 

FAA, using advanced simulation, has made the present rule partially obsolete. 

 The FAA has the authority to observe any pilot at any time it wishes; and indeed the FAA 

does so routinely. However, the FAA conducts these routine observations on a schedule the 

local office sets without the burden of having to observe a particular pilot on specific flights 

necessitated by the airline’s training and service schedule. Relieving FAA inspectors from 

121.434(c)(1)(ii) will allow the FAA to focus its efforts on higher priority safety concerns. 

 Costly delays in qualifying a PIC for line operations results when the airline is forced to 

wait until the FAA can observe the qualifying PIC. In some instances, the FAA inspector may 

not be qualified on the airplane type being flown. By allowing a company check airman who is 

highly qualified in the airplane, and approved by the FAA for that duty, to complete the 

observation, a greater level of scrutiny and objectiveness would be provided for the qualifying 

PIC. 

Public Interest 

 Granting this renewal exemption would: 

a. Be wholly consistent with previous exemptions granted in similar circumstances 

and the renewals already granted to JetBlue; 

b. Allow the FAA greater flexibility and better use of its inspector force by focusing 

on higher priority safety functions; 

c. Allow the use of qualified pilots immediately after completing operating 

experience; 

d. Allow significantly increased use of qualified pilots and improve JetBlue’s ability 

to provide dependable, on-time air service to the public; 

e. Reduce the unnecessary cost of wages and lost productivity for those qualified 

pilots awaiting FAA observation. 

f. Allow the traveling public access to JetBlue’s new low cost service at a pace 

consistent with the delivery of its new A-320 and E-190 aircraft; allow full 
Federal Aviation Administration 

February 4, 2013 

Page 3 

utilization of the aircraft fleet by insuring adequate qualified pilots; allow 

increased service to heretofore underserved markets. 

Safety Will Not Be Impacted 

a. The authorized check airman will be highly trained and experienced with the 

particular aircraft type and will be approved by the FAA; 

b. The check airman will only be used to fulfill 121.434(c)(1)(ii) when a qualified 

FAA inspector is not available; and, 

c. The FAA maintains the authority to observe any pilot any time during line 

observations. 

 In summary, the requested exemption focuses on the timely and competent completion of 

the observation flight and better utilization of qualifying pilots in command. 

Request for Waiver of Publication in Federal Register 

 For good cause shown, JetBlue requests immediate action be taken to grant this renewal 

exemption. Good cause exists for such action in that the grant of this exemption is consistent 

with prior exemptions and provides an equivalent level of safety. JetBlue is a low cost carrier 

operating out of JFK in a highly competitive East coast market. The need for qualified pilots to 

operate the aircraft with the frequency called for in the carrier’s business plan, without 

encountering delays occasioned by the understandable unavailability of FAA personnel, is 

essential to the economic well being of the carrier. 

 In addition, pursuant to FAR 11.87 JetBlue requests that publication of this exemption 

request in the Federal Register be waived because the grant of this exemption would not be 

precedent setting; the reason for and conditions proposed are identical to exemptions already 

granted; similar petitions have been published in Federal Register with no comment received. 

 If publication is required, pursuant to FAR 11.81(f), a summary of this petition is set 

forth immediately below: 

SUMMARY 

 JetBlue Airways Corporation Petition for an Exemption to FAR 121.434(c)(1)(ii). 

 “JetBlue Airways Corporation petitions for the renewal of an exemption from Section 

121.434(c)(1)(ii) to permit JetBlue to substitute a qualified and authorized check airman or 

aircrew program designee for a FAA inspector to observe a qualified pilot in command who is 

completing initial or upgrade training specified in specified in FAR 121.424 during at least one 

flight leg that includes a takeoff and a landing.” 
Federal Aviation Administration 

February 4, 2013 

Page 4 

If you have any questions or require further information, please call me at (202) 776-

2725. 

 Sincerely yours, 

 

 Jonathan B. Hill 

 Counsel for 

 JetBlue Airways Corporation 

Encls. 

cc: Brandon Nelson 

 Robert Land 

 
AFS-05-302-E 

May 4, 2005 

 Exemption No. 8099A 

 Regulatory Docket No. FAA-2003-15446 

Jonathan B. Hill, Esq. 

Counsel for JetBlue Airways Corporation 

Dow, Lohnes, and Albertson, PLLC 

1200 New Hampshire Avenue, NW. 

Washington, DC 20036 

Dear Mr. Hill: 

This letter is to inform you that we have granted your petition to extend Exemption No. 8099. 

It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated April 14, 2005, you petitioned the Federal Aviation Administration (FAA) on 

behalf of JetBlue Airways Corporation (JetBlue) for an extension of Exemption No. 8099. 

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

JetBlue 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 JetBlue. 
 2 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8099 

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

authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has 

delegated to me, I grant your petition 

The Effect of our Decision 

Our decision extends the termination date of Exemption No. 8099 to July 31, 2007, unless 

sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 8099 remain the same. This letter must be 

attached to, and is a part of, Exemption No. 8099. 

Sincerely, 

//s// 

James J. Ballough 

Director, Flight Standards Service 
April 9, 2007 

 Exemption No. 8099B 

 Regulatory Docket No. FAA-2003-15446 

Jonathan B. Hill, Esq. 

Counsel for JetBlue Airways Corporation 

Dow, Lohnes, and Albertson, PLLC 

1200 New Hampshire Avenue, NW., Suite 800 

Washington, DC 20036 

Dear Mr. Hill: 

This letter is to inform you that we have granted your petition to extend Exemption No. 8099, 

as amended. It explains the basis for our decision, describes its effect and lists the revised 

conditions and limitations. 

The Basis for Our Decision 

On March 20, 2007, you petitioned the Federal Aviation Administration (FAA) on behalf of 

JetBlue Airways Corporation (JetBlue) for an extension of Exemption No. 8099, as amended. 

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

JetBlue 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 JetBlue. 

E-2007-0449 
 2 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8099, 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. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the revised conditions and 

limitations. 

Conditions and Limitations 

1. A JetBlue 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. JetBlue, 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 JetBlue 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 JetBlue 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. JetBlue 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. 8099, as amended, to 

July 31, 2009, unless sooner superseded or rescinded. This letter must be attached to, and is a 

part of Exemption No. 8099. 

Sincerely, 

/s/ James J. Ballough 

Director, Flight Standards Service
AFS-09-330-E 

July 30, 2009 

 Exemption No. 8099C 

 Regulatory Docket No. FAA-2003-15446 

Jonathan B. Hill, Esq. 

Counsel for JetBlue Airways Corporation 

Dow, Lohnes, and Albertson, PLLC 

1200 New Hampshire Avenue, NW., Suite 800 

Washington, DC 20036 

Dear Mr. Hill: 

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

No. 8099, 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 23, 2009, you petitioned the Federal Aviation Administration (FAA) on 

behalf of JetBlue Airways Corporation (JetBlue) for an extension of Exemption No. 8099, as 

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

allows JetBlue 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 JetBlue. 
 2

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8099, 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. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the following conditions 

and limitations. 

Conditions and Limitations 

1. A JetBlue 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. JetBlue, 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 JetBlue 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 JetBlue 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. JetBlue must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption. 
 3

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 8099, as amended, to 

July 31, 2011, unless sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 8099, as amended, remain the same. This 

letter must be attached to, and is a part of, Exemption No. 8099. 

Sincerely, 

/s/ 

Chester D. Dalbey 

Acting Director, Flight Standards 

 Service 
 4

Project No.: AFS-09-330 

Project Officer: _______________ 

ARM-105:TTHOMAS:07/22/09:Doc# 29007 

ARM-1/100/104:AFS-200 

JONATHAN B. HILL, ESQ 

COUNSEL FOR JETBLUE AIRWAYS CORPORATION 

DOW LOHNES AND ALBERTSON PLLC 

1200 NEW HAMPSHIRE AVENUE NW SUITE 800 

WASHINGTON, DC 20036 
AFS-11-215-E 

April 12, 2011 

 Exemption No. 8099D 

 Regulatory Docket No. FAA-2003-15446 

Jonathan B. Hill, Esq. 

Counsel for JetBlue Airways Corporation 

Dow Lohnes, PLLC 

1200 New Hampshire Avenue, NW., Suite 800 

Washington, DC 20036 

Dear Mr. Hill: 

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

No. 8099, 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 9, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of JetBlue Airways Corporation (JetBlue) for an extension of Exemption No. 8099, as 

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

allows JetBlue 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 JetBlue. 
 2

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8099, 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. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the following conditions 

and limitations. 

Conditions and Limitations 

1. A JetBlue 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. JetBlue, 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 JetBlue 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 JetBlue 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. JetBlue must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption. 
 3

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 8099, as amended, to 

July 31, 2013, unless sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 8099, as amended, remain the same. This 

letter must be attached to, and is a part of, Exemption No. 8099. 

Sincerely, 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service