AFS-10-156-E 

March 8, 2010 

 Exemption No. 10022 

 Regulatory Docket No. FAA-2006-26499 

Mr. William G. Brooks 

Manager, Flight Standards/Training 

Continental Micronesia 

17441 JFK Boulevard 

Houston, TX 77032 

Dear Mr. Brooks: 

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 February 19, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Continental Micronesia for a reinstatement of Exemption No. 8818. That 

exemption allowed Continental Micronesia to substitute a qualified and authorized check 

airman or aircrew 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. That exemption, however, expired on 

January 31, 2009; 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 Continental Micronesia. 

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 unsupervised operations in an airplane may 
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be conducted by and satisfied by the certificate holder’s check airman and aircrew program 

designee. The FAA found 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 do not differ materially from those presented by the petitioner in the enclosed grant 

of exemption; 

• the reasons stated by the FAA for granting the enclosed exemption 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 Continental Micronesia an exemption from 

14 CFR § 121.434(c)(1)(ii) to the extent necessary to allow Continental Micronesia to 

substitute a qualified and authorized check airman or aircrew 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. A Continental Micronesia 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. Continental Micronesia, 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 Continental Micronesia 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 Continental 

Micronesia for no less than 6 months; and 
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c. Not supervise the OE or conduct the initial line check for the qualifying 

PIC candidate being observed. 

3. Continental Micronesia 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, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosure