AFS-13-182-E

June 17, 2013

 Exemption No. 5549L

 Regulatory Docket No. FAA-2000-8434

Mr. Paul W. Railsback

Airlines for America

1301 Pennsylvania Ave., NW.

Suite 110

Washington, D.C. 20004

Dear Mr. Railsback:

This letter is to inform you that The Federal Aviation Administration (FAA) has 

initiated an action to amend Exemption No. 5549 to clarify the conditions and 

limitations of that exemption. It explains the basis for our decision, describes 

its effects, and lists the conditions and limitations.

The Basis for Our Decision

By letter dated September 28, 2012, 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 

amended. 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. 
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On January 25, 2013, the FAA granted your petition. 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 this amendment to Exemption 5549 would not set a precedent, and any 

delay in issuing this amendment would be detrimental to A4A.

Our Decision

Subsequent to the FAA’s issuance of Exemption 5549K, the FAA determined 

that the conditions and limitations should be revised for clarity and consistency 

with Exemption 5549G, which prior to Exemption 5549K, contained the last 

substantive change to the conditions and limitations of Exemption 5549, as 

amended. 

In Condition No. 1 of Exemption 5549K, we inadvertently included Condition 

No. 1(a)(iii). However, in this amendment, the concern with that condition is

addressed in Condition No. 3(a). 

The FAA has also amended Condition No. 1(b) to read, “Each operator using 

this exemption must comply with § 121.438(b)” for consistency with our basis 

for granting Exemption 5549G. The FAA has also amended other sections of 

the General Conditions and Limitations to align the wording of Exemption 

5549L with Exemption 5549G.

The FAA has determined that the justification for the issuance of 

Exemption No. 5549, 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. 40113 and 44701, which the FAA Administrator has delegated to me, 

I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. General. To use either Category I or Category II instrument approach 

procedure weather minimums under any provisions of this exemption, a 

certificate holder must meet the following general requirements —
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a. The certificate holder's training and qualification program must be 

amended to include the following: 

i. Suitable low visibility instrument approach, landing, and 

missed approach scenarios using the applicable airborne 

system and appropriate training devices or simulators for 

those scenarios; and 

ii. Specific approval by the certificate holder's principal 

operations inspector to use this exemption for each aircraft 

type.

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

2. Category I, specific. A pilot in command (PIC) with fewer than 100 hours 

as PIC in the airplane being operated 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 

qualified 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 HUD system that provides flight guidance information 

to decision height;

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 Administrator; and

e. Category I instrument approach procedures or landings will not be 

initiated when the weather conditions are below 4,000 RVR (3/4 

mile visibility) and the cross-wind component exceeds 15 knots 

combined with a braking action report of less than "good."
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3. 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 conditions is met —

a. The PIC has at least 300 hours as PIC or second in command (SIC) 

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 appropriately;

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, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards

Service