AFS-11-199-E 

March 10, 2011 

 Exemption No. 9346B 

 Regulatory Docket No. FAA-2007-28086 

Sheryl R. Israel, Esq. 

Counsel for Republic Airline, Inc. 

Hogan Lovells US, LLP 

555 Thirteenth Street, NW. 

Washington, DC 20004 

Dear Ms. Israel: 

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 and describes its effect. 

The Basis for Our Decision 

By letter dated February 25, 2011, 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. 40113 and 44701, which the FAA Administrator 

has delegated to me, I grant your petition, 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. Republic 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. 9346, as amended to 

June 30, 2013 unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service