AFS-14-252-E September 12, 2014

Exemption No. 9944B Regulatory Docket No. FAA-2002-12249

Mr. Larry G. Hamilton Director of Operations Flight Inspection Services

6500 South MacArthur Boulevard Oklahoma City, OK 73169

Dear Mr. Hamilton:

This letter is to inform you that we have gr anted your petition to extend Exemption No. 9944. It explains the basis for our deci sion, describes its effect, and lists the revised conditions and

limitations.

The Basis for Our Decision

By letter dated April 8, 2014, you petitioned th e Federal Aviation Administration (FAA) on behalf of Flight Inspection Se rvices (FIS) to extend and amend of Exemption No. 9944. The amendment would allow FIS to operate under the exemption for a 3-year period. That exemption from § 61.3(a) and (c) of Title 14, Code of Federal Regulations (14 CFR) allows FIS to issue facsimile pilot certificates a nd medical certificates to crewmembers whose

certificates have been 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 FIS.

Our Decision

The FAA has made updates to the conditions and limitations of Exemption No. 9944 to clarify our original intent, to refine our requirements, and for standardization with similar exemptions. While this exemption does not differ materially from those presented by previous petitions, the2 FAA requires special emphasis to be placed upon operators having a method to ensure positive identification of the pilot flight crewmember whose photo identification is lost, destroyed, or mutilated. FIS must receive approval from its FAA principal operations inspector (POI) for the procedures FIS intends to employ in issuing a confirmation document to the pilot flight crewmember who does not have, in his/her personal possession, the required photo identification, pilot certificate, and medical certifi cate. The intent of these procedures is to mitigate security concerns regarding pilot identification.

The FAA has determined that th e justification for the issuance of Exemption No. 9944 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, I hereby grant Flight Inspection Services an exemption from 14 CFR §§ 61.3(a) and (c) to the extent necessary to allow FIS to issue company-provided facsimiles of pilot and medical certificates to its pilot crewmembers when those certificates are lost, destroyed, or misplaced, subject to the conditions and limitations described below.

Although FIS requested to extend the exemption for 3 years, the FAA finds that it is in the best interest of safety to review this exemption every 2 years to ensure that there has been no change in the circumstances or regulations from which the exemption is granted.

Conditions and Limitations

1. The privileges of this exemption are intended for situations where pilots have no access to airman services at the faa.gov website to receive via fax or internet download FAA-issued documents that contain temporary authority to exercise certificate privileges.

2. This exemption allows FIS to develop and issue to a pilot flight crewmember a document confirming his/her FAA-issued pilot and medical certification. The document issued by FIS must be in the pilot flight crewmember’s physical possession when exercising the privileges of the exemption and must contain the following

information:

a. The pilot flight crewmember’s certification information from his/her pilot and

medical certificates.

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

c. The FIS confirmation document must include the following statements:

i. “Issued under the authority of Exemption No. 9944;”

ii. “Expires [insert date/time 72 hours after issuance];”

iii. “The privileges of this exemption may be exercised only for flights within the District of Columbia and the 48 contiguous United States, or is an intrastate operation that does not involve flight through international airspace;” and3 iv. “The privileges of this exemption may only be exercised for scheduled or unscheduled air carrier flights. The privileges of this exemption may not be exercised for operations under part 91, or part 91 subpart K.

3. Before conducting operations under this exemption, FIS must receive approval from its FAA principal operations inspector (POI) for the procedures FIS intends to employ in issuing a confirmation document to pilot flight crewmembers that do not have in their personal possession the required pilot and medical certificates and photo identification. These procedures must include a method to ensure positive identification of the pilot flight crew member when the pilot no longer has photo

identification.

4. Each pilot flight crewmember who operates a flight under this exemption must: a. As soon as practicable, obtain from airman services at the faa.gov website a document containing temporary authority to exercise certificate privileges;

b. If the pilot flight crewmember’s FAA pilot and medical certificate are permanently lost or destroyed, the pilot flight crewmember must comply with the requirements of §§ 61.29(c) and ensure that a request for a replacement

certificate from the FAA is made within 72 hours of the initiation of any flight conducted under this exemption. FIS is authorized to make this application to the FAA on behalf of the pilot flight crewmember; and

c. The pilot flight crewmember must provide a copy of an FAA–issued document that contains temporary authority to exercise certificate privileges to FIS within 24 hours of the receipt of that document.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9944 to October 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service