AFS

- 14

- 146

- E May 29, 2014

Exemption No. 10526A Regulatory Docket No. FAA

- 2012

- 0434

Mr. Noel McDermott

Chief Pilot

SeaPort Airlines 7505 NE Airport Way Portland, OR 97218

De ar Mr. McDermott :

This letter is to inform you that we have granted your petition to extend Exemption No.

10526 . It explains the basis for our decision , describes its effect, and lists the conditions and

limitations.

The Basis for Our Decision

By letter dated January 31, 2014 , you petitioned the Federal Aviation Administration (FAA)

on behalf of SeaPort Airlines, Inc. (SeaPort), for an extension of Exemption No. 10526. The exemption from § 61.3(a) and (c) of Title 14, Code of Federal Regulations (14 CFR ), allow s Sea P ort to issue company

- provided facsimiles of pilot and medical certificates to its pilot crewmembers when those certificates are lost, destroyed, or misplaced

.

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 a precedent, and any delay in acting on this petition would be detrimental to SeaPort

.

Our Decision

The FAA has made updates to the conditions and limitations of Exemption No. 10526 to clarify our original i ntent

, to refine our requirements , and for standardization with similar2

exemptions

. While the relief does not change substantially, all users of th is exemption should thoroughly review the revised conditions and limitations.

In addition, and while not specifically requested , the FAA notes the relief from § 61.3(a) includes relief from the requirement for a required flight crewmember to have photo identification that is in that person's physical possession or readily accessible in the aircraft when exercising the privileges o f th eir pilot certificate

. This additional relief is consistent with relief granted in similar petitions and is reflected in the updated conditions and limitations.

The FAA has determined that the justification for the issuance of Exemption No. 10526 , 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 delegat ed to me, SeaPort is grant ed an extension to Exemption No. 10526 to permit SeaPort to establish special procedures that enable it to issue to its flight crewmembers, on a temporary basis, confirmation of any required crewmember certificate or photo identification based on information contained in Sea Port’s approved record system

, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption is issued for the purpose of preventing cancellation of scheduled air carrier’s flights in situations where a flight crewmember’ s FAA airman certificate, FAA medical certificate, and/or photo identification are valid but physically unavailable. The privileges of this exemption are intended for situations

where crewmembers have no access to Airman Services at the www.faa.gov

websit e for receiving via FAX or internet download FAA

- issued documents containing temporary authority to exercise certificate privileges.

2. This exemption allows SeaPort to develop and issue to a crewmember a document confirming the crewmember’s FAA

- issued airme n and medical certification. The document issued by SeaPort must be in the crewmember’s physical possession when exercising the privileges of the exemption and must contain the following

information

—

a. The crewmember’s certification information from the cre wmember’s air ma n and medical certificates.

b. The exact text or a photocopy of this exemption.

c. The SeaPort confirmation document

, including the following statements:

i. “Issued under the authority of Exemption No. 10526 , as amended.”

ii. “Expires (insert date/time 72 hours after issuance).”

iii. “The privileges of this exemption may only be exercised within the District of Columbia and the 48 contiguous United States.”3

iv. The privileges of this exemption may only be exercised for scheduled air carrier flights. The privileg es of this exemption may not be exercised for operations under part 91, part 91 Subpart K, or for unscheduled flights operated under part 135.

3. Before conducting operations under this exemption, SeaPort must receive approval from its FAA principal operatio ns inspector (POI) for the procedures SeaPort expects to employ in issuing a confirmation document to crewmembers who do not have in their personal possession the airmen and/or medical certificate or photo identification. These procedures must include a m ethod to ensure positive identification of the crewmember when the crewmember no longer has photo

identification.

4. Each flight crewmember who operates a flight under this exemption must

—

a. As soon as practicable, obtain from airman services at the faa.gov we bsite a document containing temporary authority to exercise certificate privileges.

b. If the flight crewmember ’s FAA airman and medical certificate are permanently lost or destroyed, comply with §§ 61.29(c) and/or 63.16(d) and assure that a request for a rep lacement certificate from the FAA is made within

72 hours of the initiation of any flight conducted under this exemption. SeaPort is authorized to make the application to the FAA on behalf of each applicable flight crewmember.

c. The flight crewmember must p rovide a copy of the FAA

- issued documents containing temporary authority to exercise certificate privileges to SeaPort within 24 hours of the receipt of that document.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10526 to May 31, 201 6

, unless sooner superseded or rescinded.

Sincerely,

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