AFS-11-119-E 

March 10, 2011 

 Exemption No. 10226 

 Regulatory Docket No. FAA-2007-26840 

Mr. Kenneth B. Baell 

Chief Pilot 

Comair, Inc. 

77 Comair Boulevard 

Erlanger, KY 41018 

Dear Mr. Baell: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated January 3, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Comair, Inc. (Comair), for an extension of Exemption No. 8837, as amended. That 

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

Comair to substitute a qualified and authorized check airman in place of an FAA inspector to 

observe a qualifying pilot in command (PIC) while that PIC is performing prescribed duties 

during at least one flight leg that includes a takeoff and landing when completing initial or 

upgrade training as specified in § 121.424. Please note that the previous exemption has 

expired, therefore, we will treat your request as a new petition.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Comair. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 8054 (copy enclosed), 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 
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designee. The FAA found that this could be accomplished without reducing the level of 

safety provided by the regulation. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 8054; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8054 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Comair, Inc., an exemption from 14 CFR 

§ 121.434(c)(1)(ii) to the extent necessary to allow Comair to substitute a qualified and 

authorized check airman in place of an FAA inspector to observe a qualifying pilot in 

command (PIC) while that PIC is performing prescribed duties during at least one flight leg 

that includes a takeoff and landing when completing initial or upgrade training as specified in 

§ 121.424. This exemption is subject to the conditions and limitations described below. 

Conditions and Limitations 

1. A Comair 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. Comair, 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 Comair check airman and aircrew program designee conducting a PIC 

observation in place of an FAA inspector must— 

a. Be approved by the Administrator to conduct the observation; 
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b. Have served as a check airman or aircrew program designee for Comair 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. Comair must maintain student, check airman, and aircrew program designee records 

that demonstrate compliance with the conditions and limitations of this exemption. 

This exemption terminates on March 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosure