AFS-12-049-E January 11, 2012

Exemption No. 8252E Regulatory Docket No. FAA-2003-16809

Mr. Bradley K. Clark Kalitta Charters, LLC 843 Willow Run Airport Ypsilanti, MI 48198

Dear Mr. Clark:

This letter is to inform you that we have granted your petition to extend Exemption No. 8252, as amended. It explains the basis for our decision, describes its effect, and lists the revised

Conditions and Limitations.

The Basis for Our Decision

By your correspondence posted to the Federal Docket on October 24, 2011, and supplem ental information posted to the Federal Docket on October 31, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Kalitta Charters, LLC (Kalitta) for an extension of Exemption No. 8252, as amended. That exemption from § 61.3(a) and (c)(1) of Title 14, Code of Federal Regulations (14 CFR) allows Kalitta flight crewmembers to operate aircraft, on a temporary basis, without having their pilot certificates in their physical possession or readily accessible in the aircraft.

We are amending this exemption by adding Condition #7 to clarify that this exemption is not for operations under part 91. This is consistent with our determination cited in a previous denial of exemption dated March 23, 2006 (Doc ket No. FAA-2006-23801). In that denial of exemption (No. 8700), we found the relief requested was not in the public interest for operations under part 91, part 91 subpart K, or for unscheduled flights operated under part

135.

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.2

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 Kalitta.

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 8252, 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. A copy of this exemption must be carried onboard the aircraft whenever a Kalitta pilot flight crewmember operates a flight under this exemption.

2. Before conducting operations under this exemption, Kalitta must develop, submit to, and have approved by its FAA principal operations inspector a plan outlining the procedures it expects to employ in issuing a temporary confirmation document to pilot flight crewmembers who do not have in their personal possession the pilot or medical certificate or photo identification required under the regulations for a particular flight.

3. Kalitta’s procedures, as specified in condition No. 2, must include a method to ensure positive identification of the pilot flight cr ewmember when the pilot no longer has any

identification.

4. Each pilot flight crewmember who operates a flight under this exemption must comply with § 61.29(e) and ensure a request for a facsimile from the FAA confirming the applicable certificate is made within 72 hour s of the initiation of any flight conducted under this exemption. Kalitta is authorized to make this application to the FAA on behalf of the pilot flight crewmember. Th e pilot flight crewmember must provide a copy of the facsimile to Kalitta within 24 hours of the receipt of that facsimile.

5. Kalitta’s confirmation document must include the written words, “Issued under the authority of Exemption No. 8252.”

6. The privileges of this exemption may be exercised only when the affected pilot flight crewmember operates totally within the District of Columbia and the 48 contiguous States of the United States. The privileges of this exemption may not be exercised in

Alaska or Hawaii.

7. The privileges of this exemption may only be exercised for scheduled air carrier flights operated under part 135. The privileges of this exemption may not be3

exercised for operations under part 91, part 91 subpart K, or for unscheduled flights operated under part 135.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 8252, as amended, to January 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service