Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Rules Docket (AGC-10) 

Dear Ladies/Gentlemen: 

 Pursuant to Federal Aviation Regulation (FAR) 11.25, Hyannis Air Service, Inc., 

a Part 121 air carrier, petitions the Administrator for an exemption from FAR 121.434 to 

the extent necessary 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 initial training 

specified in FAR 121.424. 

Affected Section 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.” 

Requested Relief:

 This petition requests relief from 121.434(c)(1)(ii) in those circumstances when 

an FAA inspector is unavailable to observe a qualifying pilot in command during any of 

the scheduled operating experience flights. The requested exemption would be subject to 

the following conditions and limitations: 

1. Hyannis Air Service, Inc. will submit to its POI an estimate of the number

of PIC’s completing training and a plan as to how the initial operating 

experience (“IOE”) observations are to occur. This plan would be 

660 Barnstable Rd 

Barnstable Municipal Airport 

Hyannis, MA 02601 

508-790-3122 ext. 596 

508-778-6233 FAX 

Email:doconnor@flycapeair.com 
approved by the POI prior to the initiation of IOE observations by 

qualified check airman. 

2. Hyannis Air Service, Inc. will nominate qualified check airmen to perform 

this IOE observation. The FAA (“POI”) will approve the qualified check 

airmen to conduct this observation through a letter of observation. 

3. Under the exemption the requirements of FAR 121.434(c)(1)(ii) will be 

fulfilled if the observation is performed by an FAA qualified check 

airman. The observation will be documented in the qualifying pilot’s 

record. 

4. The qualified check airman will always be other than the one who is 

conducting the operating experience flights of the qualifying pilot. 

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 the rule was adopted, the airline 

industry has had a decade experience with visual simulators followed by nearly two 

decades experience with highly advanced simulation. United States 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 pilots in command 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 FA 

for that duty, to complete the observation, a greater level of scrutiny and objectiveness 

would be provided for the qualifying PIC. 

 Presently at Hyannis Air Service, Inc., all flights conducted under Part 121 occur 

in Micronesia, in the Northern Pacific. Travel to Micronesia requires more than 24 hours 

from the continental U.S. The remote geographical location of this operation means that 

for a single FAA observation to occur, the FAA inspector will be out of his/her office for 

the better part of a week. Due to the remoteness of our operation and the limited number 

of qualified FAA inspectors (currently three), the FAA has difficulty arranging for an 

inspector to conduct the required observation, even with two month’s lead time. This has 

resulted in otherwise qualified PIC’s not being able to perform their duties while waiting 

for the FAA to make its inspectors available. The cost to Hyannis Air Service, Inc. of 
these delays is great. While Hyannis Air Service, Inc. has sought inspectors from a 

variety of FAA offices, the results have been inconsistent, and this is not a viable longterm solution to the issue. 

Public Interest:

Granting this exemption would: 

a. Be wholly consistent with previous exemptions granted in similar 

circumstances; 

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

focusing on higher priority functions; 

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

operating experience; 

d. Allow significantly increased use of qualified pilots and improve Hyannis Air 

Service, Inc.’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. Reduce the unnecessary cost of wages and lost productivity for FAA 

inspectors; 

g. Allow the traveling public access to Hyannis Air Service, Inc.’s service at a 

pace consistent the qualification of its pilots. 

Safety:

Safety will not be adversely affected, because: 

a. The authorized check airman will be highly qualified 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 120 Day Period Before the Effective Date and Publication in 

Federal Register:

 For good cause shown, Hyannis Air Service, Inc. requests immediate action be 

taken to grant this 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. 
Hyannis Air Service, Inc. is operating two ATR 42’s on the far side of the world. The

limited number of flight crews operating this important subfleet means that a delay in 

qualifying even one pilot in command is disproportionately disruptive to the company’s 

business. The economic viability of the company requires that it must be able to qualify 

pilots in command as needed without the delay occasioned by the understandable 

unavailability of FAA personnel. 

 In addition, pursuant to FAR 11.27(j) Hyannis Air Service, Inc. requests the 

publication of this exemption request in the Federal Register to be waived because the 

grant of this exemption would not be precedent setting; the reason for are similar and the 

conditions proposed are identical to exemptions already granted; the delay would further 

disadvantage the carrier in its attempt to compete in a highly challenging market; and 

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

 If publication is required, pursuant to FAR 11.25(d) a summary of this petition is 

attached. 

SUMMARY

 Hyannis Air Service, Inc. Petition for an Exemption to FAR 121.434(c)(1)(ii). 

 Hyannis Air Service, Inc. petitions for an exemption from Section 

121.434(c)(1)(ii) to permit Hyannis Air Service, Inc., at its discretion, when an FAA

inspector is not immediately available, to provide observation of a qualifying pilot in 

command (PIC) when completing initial training as specified in FAR 121.434, and to 

substitute FAA approved check airman to observe the qualifying PIC in the performance 

of prescribed duties subject to certain condition and limitations. 

 If you have any questions or require further information, please call me at (508) 

790-3122 x596. 

Sincerely Yours, 

David O'Connor 

Managing Director of Operations 

Hyannis Air Service, Inc. 

Cc: Jonathan Goode, POI