AFS

- 14

- 516

- E November 1 3 , 2014

Exemption No. 5549M Regulatory Docket No. FAA

- 200 0

- 8434

Mr. Paul W. Railsback Managing Director of Operations

Airlines for America 1301 Pennsylvania Ave., NW

. , Suite 110 Washington, D

. C

. 20004

Dear Mr. Railsback :

This letter is to inform you that we have granted your petition to extend Exemption No. 5549, as amended. It explains the basis for our decision, describes its effect, and lists the conditions

and li mitations.

The Basis for Our Decision

By letter dated September 29, 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf of Air Transport Association (ATA) dba Airlines for America (A4A) for an extension of Exemption No. 5549, as amende d. That exemption from § 121.652(a) and (c) of Title 14, Code of Federal Regulations (14 CFR) allows a new pilot in command (PIC) of any A4A member airline, and of any other similarly situated part 121 certificate holder, who is subject to higher landing weather minimum requirements to operate to the normal, lower Category I and Category II minimums under the conditions stipulated.

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.

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 a2

precedent, and any delay in acting on this petition would be detrimental to A4A member airline, and of any other similarly situated part 121 certificate holder

.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5549, as

am ended, 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, Air Transport Association (ATA) dba Airlin es for America (A4A) is granted an extension to Exemption No. 5549 for 14 CFR § 121.652(a) and (c) to the extent it allows a new pilot in command (PIC) of any A4A member airline, and of any other similarly situated part 121 certificate holder, who is subje ct to higher landing weather minimum requirements to operate to the normal, lower Category I and Category II minimums under the conditions stipulated , subject to the following conditions and limitations.

Conditions and Limitations

1. Each operator using this exemption must comply with § 121.438.

2. General

. To use either Category I or Category II instrument approach procedure weather minimums under any provisions of this exemption, a certificate holder must ensure that its flightcrew training and qualification program meets the following general requirements

—

a. Suitable low visibility instrument approach, landing, and missed approach

scenarios are included in flight training using the applicable airborne system and appropriate training devices or simulators for those scenarios; and

b. Specific approval by the certificate holder's principal operations inspector to use this exemption for each aircraft type.

3. Category I, specific. A pilot in command (PIC) with fewer than 100 hours as PIC in the airplane being operate d may be authorized to use the lowest applicable Category I instrument approach minimums for a particular runway and instrument approach procedure if each of the following conditions is met

—

a. The PIC and other required flightcrew members are trained and qua lified for Category II or Category III, or are trained to an equivalent level with respect to the airborne system use, ground facility use, associated procedures , and any other relevant topics;

b. The aircraft and associated airborne systems are eligible for Category I or II for that operator when the certificate holder's approved training program incorporates the use of an approach coupler or a heads

- up display ( HUD ) system that provides flight guidance information to decision height;3

c. The approach coupler or HUD system is used for the approach to decision height or until initiation of a missed approach ;

d. The flight crew must use appropriate instrument approach procedures for Category II or III, or equivalent instrument approach procedures acceptable to

the Adm inistrator ; and

e. Category I instrument approach procedures or landings will not be initiated when the weather conditions are below 4,000 runway visual range (RVR) (3/ 4 mile visibility) and the cross

- wind component exceeds 15 knots combined with a braking ac tion report of less than "good."

4. Category II, specific. A PIC with fewer than 100 hours as PIC in the airplane being operated may conduct Category II operations in accordance with Operations Specifications paragraph C059 if each of the following condition s is met

—

a. The PIC has at least 300 hours as PIC or second in command in a turbojet airplane ;

b. The PIC and other required flightcrew members are trained and qualified in Category II or III instrument approach procedures, and use those procedures appropria tely ;

c. The airplane and associated airborne systems are approved for Category III for the certificate holder or for Category II for the certificate holder using an approach coupler and an autoland system or HUD which provides flight guidance information to decision height ; and

d. That approach coupler and autoland system or HUD is used for the instrument approach procedure and landing or until initiation of a missed approach.

The Effect of Our Decision

Our decision extends the termination date of Exemption No

. 5549 , as amended, to January 31, 201 7

, unless sooner su perseded or rescinded.

Sincerely,

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