AFS-15-3736-E

Exemption No. 17105

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

PEGASUS AVIATION Regulatory Docket No. FAA-2015-3555

SERVICES, LLC. 

for an exemption from § 145.103(b) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

By letter dated August 7, 2015, Mr. Kellon Borden, Quality System Manager & Director of 

Training, Pegasus Aviation Services, LLC (Pegasus), 3901 W. Old International Airport Rd,

Anchorage, AK 99502 petitioned the Federal Aviation Administration (FAA) on behalf of 

Pegasus for an exemption from § 145.103(b) of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would allow Pegasus to perform line 

maintenance at aircraft parking locations, which can vary on the airfield. The petitioner states 

Pegasus would like this petition to apply to its primary fixed location repair station in 

Anchorage, Alaska, as well as to any current or future satellite repair stations that hold a 

limited airframe rating with a line maintenance authorization.

The petitioner requests relief from the following regulation:

Section 145.103(b) provides that a certificated repair station with an airframe rating must 

provide suitable permanent housing to enclose the largest type and model of aircraft listed on 

its operations specifications.

The petitioner supports its request with the following information:

The petitioner states that its current operations specifications (Ops Specs), grant a limited 

airframe and power plant rating so Pegasus may provide line maintenance, transit 

maintenance, and "A checks" for its customers. The nature of the transit maintenance 

includes a short ground time with just enough time to provide crew transfer, fueling of the 

aircraft, and cargo movement as required. Due to the tight schedule in which the company’s
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customers operate, any required line maintenance is expected to be performed at the aircraft 

parking location, which can vary on the airfield, allowing the other contracted services to be 

completed during maintenance. 

In the fifteen years of Pegasus’ existence, hanger maintenance has not been an issue due to the 

fact that Pegasus has the required equipment to ensure article protection and segregation as 

required from the elements and environment. The company’s use of this equipment ensures

maintenance accuracy in accordance with the Federal Aviation Regulations as well as with the 

regulations imposed by Pegasus’ customers’ authorities, in challenging work environments. 

Pegasus has temporary structures, heating units, and storage equipment to ensure all 

maintenance is performed safely and securely in compliance with required regulations. The 

temporary structures mentioned can be used to protect both the articles being maintained and 

the technicians performing the work to prevent impaired maintenance per the customers’

Continuous Airworthiness Maintenance Program (CAMP) and Pegasus’ Repair Station 

Manual (RSM) and Quality System Manual (QSM), especially during the longer ground times 

required for "A checks." 

Pegasus states that a grant of this exemption would be in the public interest because safety 

would be maintained, and it would ensure this type of maintenance would be done in 

accordance with its customers’ maintenance programs as required for part 145 repair stations. 

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, and any 

delay in acting on this petition would be detrimental to Pegasus.

The FAA’s analysis is as follows:

The FAA has carefully reviewed the statements submitted in the petition submitted on August 

7, 2015, in support of the petitioner’s request for relief from the requirements of § 145.103(b). 

The requested exemption, if granted, would allow Pegasus to exercise the privileges of its 

certificate in temporary structures with heating units and storage equipment, without having to 

provide suitable permanent housing to enclose the largest type and model of aircraft listed on 

its operations specifications. 

Pegasus is the holder of a limited airframe and a limited powerplant rating, with limitations 

authorizing line maintenance only, to include transit checks and “A” checks. Pegasus seeks 

an exemption from the housing requirement of § 145.103(b) in order to cover its primary 

fixed location repair station in Anchorage Alaska, as well as any current or future satellite 

repair station locations that also hold a line maintenance authorization. Section 145.103(b) 

requires the holder of an airframe rating to provide suitable permanent housing to enclose the 

largest type and model of aircraft listed on its operations specifications. This housing 

requirement applies to all certificated repair stations whether they hold a class or a limited 

airframe rating for a particular make and model aircraft. Pegasus states it has been in 

existence for fifteen years and hangar maintenance has not been an issue due to the fact that 
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Pegasus has the required equipment to ensure article protection and segregation as required 

from the elements and environment.

Pegasus states that it has temporary structures, heating units, and storage equipment to ensure 

all maintenance is performed safely and securely in compliance with required regulations. 

The temporary structures mentioned can be used to protect both the articles being maintained 

and the technicians performing the work to prevent impaired maintenance. Pegasus identifies 

the maintenance functions it performs for air carriers as limited to line maintenance, transit 

maintenance, “A” checks, and servicing, all of which are included within the scope of line 

maintenance.

The FAA has evaluated Pegasus’ ratings and the limitations associated with them. We note

that the limitations listed on Pegasus’ Ops Specs limit Pegasus to performing line 

maintenance functions only. Section 145.205(d) affords relief from the housing requirements 

identified in § 145.103(b) to airframe-rated repair stations that perform line maintenance 

functions for air carriers. The FAA finds that because the line maintenance activities Pegasus 

performs on the ramp are not done inside housing that encloses the entire aircraft, and because 

Pegasus is able to provide appropriate environmental protections for the work it performs for 

air carriers on the ramp, a level of safety equivalent to that provided by the housing 

requirement of § 145.103(b) will be achieved by Pegasus if this exemption is granted

provided: 

The line maintenance that Pegasus is authorized to perform is line maintenance 

bounded by the definition in § 145.3(d). This is either: 

“(1) Any unscheduled maintenance resulting from unforeseen events; or

 (2) Scheduled checks that contain servicing and/or inspections that do not require 

specialized training, equipment, or facilities.” 

With respect to unscheduled maintenance resulting from an unforeseen event, “unforeseen”

means an unexpected or unplanned event that requires maintenance (e.g., repair) at the 

location of the event, including in some cases, the removal of a non-conforming or nonfunctioning part for repair either at the location or in a nearby protected facility. Line 

maintenance does not mean maintenance on items brought to Pegasus by a customer, even if 

the item is the same or similar to an item worked on as described above due to an unforeseen 

event. 

The FAA has also determined that granting this exemption would be in the public interest 

because it would ensure that the maintenance Pegasus performs for its customers would be 

done in accordance with its air carrier maintenance programs, as required for part 145 repair 

stations performing work for air carriers―and this would also enhance safety.
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The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, 

delegated to me by the Administrator, Pegasus Aviation Services, LLC (Pegasus), is granted 

an exemption from 14 CFR § 145.103(b) to the extent necessary to allow Pegasus to perform 

only line maintenance functions on aircraft listed on its operations specifications or capability 

list, and subject to the limitations listed therein and the following conditions and limitations.

Conditions and Limitations

1. Line maintenance functions are limited to only unscheduled maintenance resulting 

from unforeseen events; and 

2. Line maintenance comprising scheduled checks that contain servicing and/or 

inspections that do not require specialized training, equipment, or facilities. 

3. When performing line maintenance functions outside of housing, protection of aircraft 

and personnel is required during inclement weather conditions. 

This exemption terminates on September 30, 2018, unless sooner superseded or rescinded.

Issued in Washington, D.C., on September 20, 2016.

/s/

John S. Duncan

Director, Flight Standards Service