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

- 201 5

- 6261 AIRLINES, LLC

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

PARTIAL GRANT OF EXEMPTION

By letter s dated August 19, 2014 and November 16, 2015

, Mr. Thomas J. Quehl

, Vice

President of Operations , Western Global Airlines, LLC ( W estern Global ), 9260 Estero Park Commons Boulevard, Estero, Florida 3 3579, 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

W estern G lobal 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 tak eoff 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, t hat, if a qualifying pilot in command is completing initial or upgrade training specified in § 121.424, be observed in the performance of prescrib ed 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.2

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 O perating E xperience (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 t he 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 ex perience.

Western Global states that its bus iness is predominantly engaged in international flying. The petitioner contends that r equiring 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 fli ght thirty days in advance.

The petitioner specifies that most OE for initial and upgrade training w ill 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 availa bility and foreign country clearance requirements.

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

would allow the FAA to utilize i nspectors for more immediate needs and should also provide financial savings in a voiding 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 a3

p artial grant of exemption for Western Global’s MD

- 11 training program would provide a level of safety equivalent to the current regulation. However, t he FAA is denying the petitioner’s request as it relates to Western Global’s B

- 747 training program

.

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

maintained a satisfactory record of training program s with final approval for a year or more

. In Grant of Exemption No . 8054, the FAA found that su bject 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 b e 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 o f 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 provid e 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 Globa l’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 receivin g final approval of their training p rogram , among other requirements. The FAA no tes 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 Wester n 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 gr ant 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, t he FAA highlights that the international nature of the petitioner’s opera tions, 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 f or use of this exemption outside the United

States. T he 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 air space within which Western Global is operating.4

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

an d 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 insp ector 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 Limitati ons

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 preappro ves 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 ai rman 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 conduc ting 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 th e 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).5

4

. Western Global must maintain student, check airman, and airc rew 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 exem ption terminates on August 31, 201 9 , unless sooner superseded or rescinded.

Issued in Washington, D

. C

. , on July 27, 2016

.

/s/ John Barbagallo Deputy Director, Flight Standards Service