AFS-16-2369-E

Exemption No. 17047

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

WESTERN GLOBAL Regulatory Docket No. FAA-2015-6261

AIRLINES, LLC

 

for an exemption from 

§ 121.434(c)(1)(ii)

of Title 14, Code of 

Federal Regulations 

 

PARTIAL GRANT OF EXEMPTION

 By letters dated August 19, 2014 and November 16, 2015, Mr. Thomas J. Quehl, Vice 

President of Operations, Western Global Airlines, LLC (Western Global), 9260 Estero Park 

Commons Boulevard, Estero, Florida 33579, petitioned the Federal Aviation Administration 

(FAA) on behalf of Western Global for an exemption from § 121.434(c)(1)(ii) of Title 14 

Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow 

Western Global 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. Western Global requests that the exemption include its 

McDonnell Douglas MD-11 and its Boeing B-747-400 fleets. 

The petitioner requests relief from the following regulation:

Section 121.434(c)(1)(ii) prescribes, in pertinent part, that, 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 landing. During the time that a qualifying pilot in command is acquiring the 

operating experience in paragraphs (c)(1)(i) and (ii) of this section, a check pilot who is also 

serving as pilot in command must occupy a pilot station.
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The petitioner supports its request with the following information:

Western Global requests exemption from § 121.434(c)(1)(ii), the requirement for a PIC

completing initial or upgrade training to be observed by a FAA Inspector during at least one 

flight leg which includes takeoff and landing, during the Operating Experience (OE) as 

specified by § 121.434.

Western Global seeks exemption to substitute a qualified and authorized Check Airman or

Aircrew Program Designee (APD), in place of a FAA inspector to observe a qualifying PIC

who is completing the initial or upgrade training specified in § 121.424 during at least one 

flight leg that includes a takeoff and a landing. The petitioner states that it has been approved 

for an APD program and currently employs three APDs under the supervision of an FAA 

Aircrew Program Manager (APM). The petitioner proposes that three check airmen and/or 

APDs be designated this authority and asserts that the candidates that would complete these 

observations are highly experienced with many years of Check Airman and APD experience.

Western Global states that its business is predominantly engaged in international flying. 

The petitioner contends that requiring an FAA inspector to conduct the observation results in 

a substantial burden on both the FAA and Western Global due to the 30-day lead time

required for an FAA Inspector to obtain foreign country clearance. The petitioner notes that it 

conducts aircraft, complete crew, maintenance, and insurance (ACMI) air carrier operations 

and rarely has the ability to schedule a flight thirty days in advance.

The petitioner specifies that most OE for initial and upgrade training will be conducted 

outside of the United States (U.S.) and requests the privileges of the exemption outside of the 

United States due to FAA Inspector availability and foreign country clearance requirements.

Western Global asserts that granting this exemption is in the public interest because it 

would allow the FAA to utilize inspectors for more immediate needs and should also provide 

financial savings in avoiding FAA inspector travel expense. The petitioner adds that having 

the exemption would allow Western Global to more expeditiously complete OE for initial 

new hire and upgrade PICs.

In its submission of supplemental information dated November 16, 2015, Western Global 

emphasized that it requests that this exemption be applicable to its MD-11 and its B-747-400 

fleets.

 The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, and any 

delay in acting on this petition would be detrimental to Western Global.

The FAA’s analysis is as follows:

The FAA has fully considered the petitioner’s supporting information and finds that a
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partial grant of exemption for Western Global’s MD-11 training program would provide a 

level of safety equivalent to the current regulation. However, the FAA is denying the 

petitioner’s request as it relates to Western Global’s B-747 training program.

The FAA has a history of granting this type of exemption to air carriers that have 

maintained a satisfactory record of training programs with final approval for a year or more. In 

Grant of Exemption No. 8054, the FAA found that subject to certain conditions and 

limitations, the requirement for an FAA inspector to observe a qualifying PIC before he/she 

begins operations in an airplane unsupervised may be conducted by and satisfied by the 

certificate holder’s check airman or aircrew program designee. The FAA found this could be 

accomplished without reducing the level of safety provided by the regulation. The FAA finds 

this precedent applicable to Western Global’s MD-11 training program. Western Global’s 

MD-11 training program received final approval on May 5, 2015, and has been approved for a 

sufficient period of time for the FAA to monitor and validate its performance. Therefore, the 

FAA finds that a grant of exemption for Western Global’s MD-11 training program would not 

adversely impact safety. 

The FAA finds that a grant of exemption applicable to Western Global’s B-747 training 

program would not provide a level of safety equivalent to the rule. In Denial of Exemption 

No. 10430, the FAA found that a grant of exemption would not be in the public interest and 

would not provide a level of safety equivalent to the rule because of the petitioner’s limited 

experience as a part 121 carrier and because of the FAA’s need to monitor and validate the 

training program. The FAA finds this precedent applicable in the case of Western Global’s 

B-747 training program. The FAA finds that it has granted this exemption to operators with 

final approval of their training program and an established, satisfactory training record of one 

year or more after receiving final approval of their training program, among other 

requirements. The FAA notes that Western Global received its operating certificate on August 

1, 2014 and final approval for its B-747 training program less than a year ago. Accordingly,

the FAA finds that a grant of exemption for Western Global’s B-747 training program is not 

warranted at this time. 

 

The petitioner asserts that granting this exemption is in the public interest because it would 

allow the FAA to utilize inspectors for more immediate needs. The FAA agrees that a grant of 

exemption for Western Global’s MD-11 training program would be in the public interest 

because it would enable the FAA to efficiently utilize its inspector resources. However, the 

FAA highlights that the international nature of the petitioner’s operations, on its own, is not a 

sufficient public interest argument. The FAA investigated procedures for obtaining country 

clearances and confirmed that country clearances should take no more than 5 days. The FAA 

further notes that Western Global petitioned for use of this exemption outside the United 

States. The FAA has no authority over sovereign nations, their regulations and laws. 

Accordingly, use of this exemption is authorized only where it is not prohibited by the country 

with jurisdiction over the airspace within which Western Global is operating.
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The FAA’s Decision

 In consideration of the foregoing, I find that a partial grant of exemption is in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 

and 44701, delegated to me by the Administrator, Western Global Airlines, LLC is granted 

partial exemption from 14 CFR 121.434(c)(1)(ii) to the extent necessary to substitute a 

qualified and authorized check airman or aircrew program designee for an FAA inspector to 

observe a qualifying 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, subject to the conditions 

and limitations described below.

Conditions and Limitations

1. This exemption is limited to Western Global’s MD-11 training program.

2. A Western Global check airman or aircrew program designee may conduct a pilot in 

command (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. Western Global, 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.

3. Each Western Global 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 Western Global 

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.

d. Conduct the observation from the observer seat only (i.e. not a required flight crew 

member seat).
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4. Western Global must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this 

exemption.

5. Western Global may operate outside the United States (U.S.) under this exemption, 

unless otherwise prohibited by a foreign country.

This exemption terminates on August 31, 2019, unless sooner superseded or rescinded.

Issued in Washington, D.C., on July 27, 2016.

/s/

John Barbagallo

Deputy Director, Flight Standards Service