AFS

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- E January 7, 2013

Exemption No. 10684 Regulatory Docket No. FAA

- 2012

- 1278

Mr. Douglas Lesh Manager of Flight Standards Air Wisconsin Airlines Corporation W6390 Challenger Drive, S uite 203 Appleton, WI 54914

Dear Mr. Lesh :

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 November 29, 2012 , you petitioned the Federal Aviation Administration (FAA) on behalf of Air Wisconsin Airlines Corporation (Air Wisconsin) for an exemption from § 121.652(a) and (c) of Title 14, Code of Fe deral Regulations (14 CFR) . That exemption, if granted, would allow a new Air Wisconsin pilot in command (PIC) that is subject to higher landing weather minimum requirements to operate to the normal, lower Category I minimums under the conditions stipulat ed.

The FAA has determined that good cause 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 Air Wisconsi n

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 5549 (copy enclosed), the FAA

found that to ensure equivalent or greater safety than that intended by § 121.652, only certain

heads

- up display and autoland systems, used with appropriate instrument flight and crew procedures and at appropriate airports and runways , should qualify for the credit. Use of these
systems must be considered as a comprehensi ve package, considering factors such as the category of landing minimums sought, characteristics of the airborne system, appropriate2

operating limits and procedures, appropriate crew experience pairing, and suitable ground

facilities. The credit allowed a lso must be fully consistent with the training the crews received and any initial operating experience completed and include use of appropriate training devices or simulators approved for the pertinent low visibility scenarios that are applicable.

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

—

• they do no t differ materially from those presented by the petit ioner in the enclosed G rant
of E xemption No. 5549 ;

• the reasons stated by the FAA for g ranting the enclosed Grant of Exemption No. 5549 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 44701, which the FAA Administrator has delegated to me, I hereby grant Air Wisconsin Airl ines Corporation an exemption from

14 CFR § 121.652(a) and (c) to the extent necessary to allow a new Air Wisconsin PIC that is subject to higher landing weather minimum requirements to operate to the normal, lower Category I minimums under the conditions stipulated, subject to the conditions and limit ation s described below.

Conditions and Limitations

1. General. To use either Category I or Category II instru ment approach procedure

weather minimums under any provisions of this exemption a certificate holde r must

ensu re that its flightcrew training and qualification program meets the following general requirements:

a. Suitable low visibility instrument approach, landing, and missed approach

scenarios are included in flight training using the applicable airborn e syst em and appropriate training devices or simulators for those scenarios ; and

b. Specific approval by the certificate holder's principal operations inspector to use this exemption is obtained for each aircraft type.

2. Category I, specific. A PIC with few er 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 an d other required flightcrew members are trained and qualified for Category II or Category III, or are trained to an equivalent level with respect to3

the airborne system use, ground facility use, associated procedures, and any other relevant topics ;

b. The ai rcraft 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 head

- up display ( HUD ) system that provides flight guidance i nformation 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 flightcrew must use appropriate instrument approach procedures for Category II or III, or equivale nt 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 runway visual range (3/4 mile visibility) and the cross

- wind com ponent exceeds 15 knots combined with a braking action report of less than "good."

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 a PIC or second in command in a turbojet airplane ;

b. The PIC and other required flightcrew members are trained and qualified in Category II or III instrument app roach procedures, and use those procedures appropriately ;

c. The aircraft 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 syste m or HUD which provides flight guidance information to decision height ; and4

d. The approach coupler and autoland system or HUD is used for the instrument approach procedure and landing or until initiation of a missed approach.

This exemption termin ates on January 31, 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/

J o hn M. Allen Director, Flight Standards Service

Enclosure