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 Adm inistration (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 location s , wh ich c an 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) pr ovides that a certificated repair station with an airframe ratin g 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 o perations s pecifications (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

include s a short ground time with just enough time to provide crew trans fer, fueling of the aircraft, and cargo movement as required. Due to the tight schedule in which the company’s2

customers operate, any required line maintenance is expected to be performed at the aircraft parking location, which can vary on the airfield, a llowing 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 segreg ation as required from the elements and environment

. The company’s use of this equipment ensur es maintenance accuracy in accordance with the Federal Aviation Regulations as well as with the

r egulations imposed by Pegasus’ customers ’ a uthorities, in challe nging work environments.

P egasus 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 t echnicians performing the work to prevent impaired ma i ntenance 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."

P egasus states that a grant of this exemption would be in the public interest because safety would be maintained, and it would ensur e 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 ha s carefully reviewed the statements submitted in the petition submitted on August

7 , 2015, in support of the petitioner’s request for relief from the r equirements 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 an d a limited powerplant rating

, with limitations authorizing line maintenance only , to include trans it 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 stat ion in Anchorage Alaska

, as well as any current or future s atellite

r epair s tation l ocations 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 that3

Peg as us has the required equipment to ensure article protection and segregation as required

from the elements and environment

.

Pega sus states that it ha s 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 articl es being maintained

and the t echnicians performing the work to prevent impaired maintenance

. Pegasus identifies

the maintenance functions it perform s for air carriers as limited to line maintenance, transit maintenance, “A” checks, and servic ing, all of which are included with in 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 . T he FAA f inds 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 carr iers 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 a n unexpected or un planned event that requires maintenance ( e.g ., repair ) at the location of the event, including in some cases, the removal of a non

- conforming or non

functioning 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 inte rest
because it would ensure that th e 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 enhan ce safety

.4

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

a n 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.

T his exemption terminates on Sep tember 30, 2018, unless sooner superseded or rescinded.

Issued in Washington, D

. C

. , on September 20, 2016

.

/s/

John S. Duncan Director, Flight Standards Service