AFS-13-110-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, Suite 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 Federal 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 stipulated.

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 Wisconsin.

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 comprehensive package, considering factors such as the 

category of landing minimums sought, characteristics of the airborne system, appropriate 
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operating limits and procedures, appropriate crew experience pairing, and suitable ground 

facilities. The credit allowed also 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 not differ materially from those presented by the petitioner in the enclosed Grant

of Exemption No. 5549;

• the reasons stated by the FAA for granting 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 Airlines 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 limitations 

described below.

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 

ensure 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 airborne system 

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 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 
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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 head-up display (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 flightcrew 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 runway visual range (3/4 mile 

visibility) and the cross-wind component 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 approach 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 system or HUD which provides flight 

guidance information to decision height; and
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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 terminates on January 31, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service

Enclosure