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 supplemental 

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 (Docket 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. 
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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 determined 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 crewmember 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 hours 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. The 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 be 
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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 termination 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