AFS

- 13

- 256

- E June 21, 2013 Exemption No. 10804 Regulatory Docket No. FAA

- 2013

- 0149

Mr. Michael Daigneault Director, Flight Standards CitationShares Management, LLC

Three Amer ican Lane Greenwich, CT 06831

Dear Mr. Daigneault :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated February 12, 2013 , you petitioned the Federal Aviation Administration (FAA)

on behalf of CitationShares Management, LLC (CSM) for an exemption from § 61.3(a)

a nd (c) of Title 14 Code of Federal Reg ulations (14 CFR). That exemption, if granted, would

allow CSM to issue company

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

.

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

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to CSM

.

The FAA has issued a grant of exemption in circu mstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 5560, as amended (copy enclosed), the FAA found that although the FAA issues telegraphic replacement certificates

on a 24

- hour emergency basis, some ai rlines are not equipped to receive such certificates in a timely manner at various locations during non

- business hours. The FAA finds that the inability of an airline to receive telegraphic replacement certificates in a short time could

result in substanti al flight delays or even flight cancellations.

The FAA n otes that in Amendment 61

- 102, Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules; F inal Rule; Request for Comments (62 FR 16220, April 4, 1997), effective August 4, 19 97, § 61.29 was revised to permit airmen who have lost an airman or medical certificate to obtain confirmation by facsimile rather than by telegram

that the certificate was issued.2

The FAA found that permitting the air carrier to issue written confirmatio n of an FAA issued flight crewmember certificate could preclude delays and cancellations and, therefore, would be in the public interest. The FAA also found that although there may be minor differences between the content of the records maintained by the F AA

, and those maintained by the carrier, granting the exemption with certain conditions and limitations would provide a level of safety equivalent to that provided by the affected regulations. Finally, the FAA stated that under section 1, chapter 1, annex 1

, of the International Civil Aviation Organization International Standards and Recommended Practices, a license must be issued or rendered valid by a c ontracting State, and

, therefore, operations under the exemption would be limited to flights conducted within the 48 contiguous United States and the District of Columbia.

Having reviewed your reasons for requesting an exemption, I find that :

• T hey do not differ materially from those presented by the petiti oner in the enclosed

G rant of E xemption No. 5560 ;

• T he reasons stated by the FAA for gr anting the enclosed Grant of Exemption

No. 5560 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 447 01, which the FAA Administrator has delegated to me, I hereby grant CitationShares Management, LLC an exemption f r om 14 CFR § § 61.3(a) and (c) to the extent necessary to allow CSM 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.

Conditions and Limitations

1. The privileges of this exemption are intended for situations where pilots have no

a ccess to airman services at the faa.gov website for receiving via fax or internet

download FAA

- issued documents containing temporary authority to exercise certificate privileges.

2. This exemption allows CSM to develop and issue to a pilot flight crewmember a document confirming his/her FAA

- issued pilot and medical certification. The document issued by CSM 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 CSM confirmation document must include the following statements:

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

ii. “Expires [insert date/time 72 hours after issuance] ; ”3

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 f light through international airspace ; ” and

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 p art 91, or p art 91 subpart K.

3. Before conducting operations under this exemption, CSM must receive approval from its FAA principal operations inspector (POI) for the procedures CSM intends to employ in issuing a confirmation document to pilot flight crewmembers who do not

have in their personal possession the required pilot and/or medical certificate or photo identification. These procedures must include a method to ensure positive identification of the pilot flight crewmember when the pilot no longer has photo

identification.

4. Each pil ot 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 crew member’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 63.16(d) and ensur e 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. CSM 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 FAA

– issued documents containing temporary a uthority to exercise certificate privileges to CSM within 24 hours of the receipt of that document.

The Effect of Our Decision

This exemption terminates on June 30, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Direc tor, Flight Standards Service

Enclosure