# 1RANS

# STAlES AIRLINES®

August 12, 2016



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### RETURN RECEIPT REQUESTED U.S. Department ofTransportation Docket ManagementSystem 400 7th Street, SW, Room PL-400 Washington, DC 20591-0001 RE: TRANS STATESAIRLINES, LLC C?ptain**Dav -iplJJ.j:ig,** **T**

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REQUEST FOR EXEMPTION FROM FAR 121.434(c)(1)(ii) DearSiror Madam: This letter is to request that an exemption from compliance with 14 C.F.R. 121.434(c)(1)(ii) be granted to Trans States Airlines, LLC. (hereafter**~~Trans** States"). This exemption request was previously granted to Trans States Airlines, Inc. (now Trans States Airlines, LLC) on May 31, 2003, February 17, 2005, May 22, 2007 and most recently issued on October 29, 2013. In addition, this exemption is identical to exemptions granted to Chautauqua AirHnes, GoJet Airlines, and Compass Airlines to name a few. Specifically, Trans States request relief from thefollowing regulation: FAR 121.434(c)(1

### )(ii) prescribes, in pertinent part, that if a qualifying PIC is completing initial or upgrade training specified in §121.424, the 

### PIC must be observed in the performance of prescribed duties by an FAA inspector during at leastoneflight leg that includes atakeoffand a landing. In supportofits request, Trans States provides the following information: The original intent of §121.434(c)(1)(ii), issued in early 1970, was to validate the training a pilot received in a visual simulator. Since that rule was adopted, the airline industry has had nearlythree decades ofexperience with visual simulators and advanced simulation. The airlines have successfully trained tens of thousands of pilots using sophisticated advanced simulators. Trans States believes the advanced simulation experience · of the airline industry combined with that ofthe FAAhas madethe present rule obsolete. 1Trans States asserts that delays caused 

### by waiting until the FAA can observe a qualifying 

### PIC are 

### costly. Trans 

### States asserts 

### that because of limited 

### labor and resources at the St. Louis, Missouri, Flight Standards District Office (FSDO), Trans States' Principal Operations Inspector (POl) has had difficulty providing personnel to perform operating experience (OE) observations on a timely basis. Recognizing it as an unacceptable long-term solution, Trans States has tried to use inspectors from other FSDO's in the past; however, the results have been inconsistent. Trans States asserts thatthese are extensive, with an average wait 

### of 

### 10 days. 

### Trans Statesfurtherasserts thatthe FAA has the authority

### to, and routinely does, observe any pilot at any time. However, the FAA conducts these routine observationson a schedulethat the local office sets withoutthe burden ofhaving to observe a particular pilot on specific flights necessitated by the airline's training and service schedule. Trans States contends that relieving the FAA inspectors of their obligation to observe pilots as required under §121.434(c)(1)(ii) would allowthe FAA tofocus its efforts on higherpriority safetyconcerns. Trans States has been advised that at Safety Summit I, sponsored 

### by the DOT and the FAA, one of the recommendations from the Training Issues Working Group was to allow a qualified company check airman to provide the FAA observation when an FAA inspector is not available. Trans States adds that this would allow the FAA to target its personnel on those area deserving higher priority and attention and, thus, provide a more cost-effe.ctive use of an inspector's time. Trans States states on information and belief that this Safety Summit I recommendation has been endorsed at all levels of the FAA as an actionthat clearlywould benef;tthe FAAand airlines. Trans States believes that the exemption would be in the public interest as it would; 1. Allowthe FAA greaterflexibility and better useofits inspectionforce 

### by focusing on higherprioritysafetyfunctions; 2. Allow Trans States Airlines to use a qualified pilot immediately after completing OE; 3. Allow Trans States Airlines to significantly increasethe use ofqualified pilots and improve its 

### ability to provide on-time, dependable air service to the public; and



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### 4. Allow Trans States Airlines to reduce the unnecessary cost of wages and lost productivity for those qualified pilots waiting for the FAA observation. 

### 5. AllowTrans States Airlines to compete on equal playing field with other regional airlines; specifically Chatauqua Airlines, GoJet Airlines, and CompassAirlines all ofwhom currently enjoy such an exemption. Trans States further adds that, in some instances, the 

### FAA inspector performing the observation may not even be qualified in the airplane being flown. By allowing a company check airman who is highly qualified in the airplane to complete the observation, a greater level of scrutiny and objectivity would be provided forthe qualifying PIC. 

### Finally, Trans States proposes that the requested exemption be subject to the following conditions and limitations, ifgranted: 1. 

### Trans States Airlines would submit to its POl 

### an estimate of the numberofPICs completing training and a plan ofhow OE observations would be conducted. The plan would be approved bythe POl before a qualified check airman began an OE observation. 

### 2. Trans States Airlines would nominate qualified check airmen to perform the OE observation, and the FAA would approve the qualified check airmen to conduct the observation through a letter of authorization. 3. The requirement of§121.434(c)(1)(ii) would be considered fulfilled ifa FAA-authorized check airman performs the observation. The observation requirement would be documented in the qualifying pilot's record. 4. The authoriz:ed oheck airman 

### would be 

### a check airman other than the 

### one who is conducting the OE flights ofthe qualifying pilot. Thank you foryour consideration ofour request ofthis exemption. Ifyou require anyfurther information please call meat 314-222-4316.

avid J. A. Hayes, Ill Esq. Vice President& General Counsel

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