AFS

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- E January 1 6 , 2015

Exemption No. 98 45 C Regulatory Docket No. FAA

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- 19718

Mr. Aaron A. Goerlich

Counsel for So uthern Air, Inc.

Gar o falo, Goerlic h , Hainback PC 1200 New Hampshire Ave nue , NW

., Suite 800 Washington

, DC 20036

- 6802

Dear Mr. Goerlich :

This letter is to inform you that we have granted your petition to extend E xemption 9845 , as amended . It explain s the basis for our decision , describes its effect, and lists the conditions

and limitations.

The Basis of Our Decision

On December 10, 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf

of Southern Air, Inc. (Southern), for an extension of Exemption No. 9845 . That exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) permits Southern to substitute a qualified and authorized check airman or aircrew program designee for an FAA inspector to observe a qualifyin g 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 th ere has been no change in the conditions and reasons re lative

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 request ed extension of the exempt ion would not set a precedent, and any delay in acting on this petition would be detrimental to Southern.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9845 , as amended, remains valid with respect to this exe mption and is in the public interest

.

Therefore, under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, Southern Air, Inc. is granted an extension to Exemption No. 9845 for § 121.434(c)(1)(i i) that allows Southern 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 lea st one flight leg that includes a takeoff and a landing , subject to the following conditions and limitations.

Conditions and Limitations

1. A Southern check airman or aircrew program designee may conduct a

PIC observation i n place of an FAA inspector when

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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. Southern , therefore, must contact an appropriate FAA office, in each instance, before substituting that check air man or aircrew program designee;

b. The qualifying PIC candidate has completed no fewer 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 securin g checklist.

2. Each Southern check airman or aircrew program designee conducting a PIC observation in place of an FAA inspector must

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a. Be approved by the Administr ator to conduct the observation;

b. Have served as a check ai rman or aircrew program designee for Southern for

no fewer than 6 months; and

c. Not supervise the OE or conduct the initial line check for the qualifying

PIC candidate being observed.

3. Southern 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 E xemption No. 9845 , as amended, to
March 31, 201 7

, unl ess sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service