AFS-14-099-E 

March 20, 2014 

 Exemption No. 7135G 

 Regulatory Docket No. FAA-2002-11509 

Mr. Charles S. Tutt 

Vice President Flight Operations 

ExpressJet Airlines, Inc. 

990 Toffie Terrace 

Atlanta, GA 30354 

Dear Mr. Tutt: 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 7135, as amended. It explains the basis for our decision, describes its effect, and lists the 

conditions and limitations. 

The Basis for Our Decision 

By letter dated December 18, 2013, you petitioned the Federal Aviation Administration 

(FAA) on behalf of ExpressJet Airlines, Inc. (ExpressJet) for an extension of Exemption 

No. 7135, as amended.1

 That exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal 

Regulations (14 CFR) allows ExpressJet 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 

leg that includes a takeoff and a landing. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

 

1

 The previous exemptions were granted to Atlantic Southeast Airlines, Inc. We note that ExpressJet Airlines, 

Inc. has since received a single operating certificate to operate as ExpressJet Airlines, Inc. 
 2

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

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to ExpressJet. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 7135, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, ExpressJet Airlines, Inc. is granted an extension to its 

exemption from 14 CFR § 121.434(c)(1)(ii) that allows ExpressJet to substitute a qualified 

and authorized check airman or aircrew program 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 leg that includes a takeoff and a landing, subject to the following conditions and 

limitations. 

Conditions and Limitations 

1. An ExpressJet 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. ExpressJet, 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 ExpressJet 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; 

b. Have served as a check airman or aircrew program designee for ExpressJet 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

3. ExpressJet 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, 2016, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Acting Deputy Directory, Flight Standards Service