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August 10, 2016 Exemption No. 9944C Regulatory Docket No. F AA

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- 12249

Mr. Floyd A. Badsky

Dir e c tor of Op e r a t i ons

F l i g ht I nspe c t i on S e rvi ce s PO Box 25082

Okl a homa Ci t y , OK 73125

D ea r Mr. Badsky :

This l e t t e r is to i n f

o r m y ou that we h a ve g r a nted y our pe t i t i on to e x tend E x e mp t ion No. 9944. I t

e x plains the b a sis f

or our dec is i on, d e s c rib e s i t s e f f e c t, and lists t he r e vised c ondi t ions and

lim i tations.

The Basis for Our Decision

B y letter d a ted February 17

, 2016, y ou p e t i t i on e d the F e d e r a l Aviation Adm i nis t r a t i on ( F A A )

on b e h a lf of F l i g ht I nspe c t i on S e rvi ce s ( F I S ) to extend and amend E x e mp t ion No. 9944. Th a t

e x e mp t ion

, f

r om § 61.3 (a ) a nd ( c ) of Title 14, Code of F e d e r a l R e g ulations ( 14 C F R) a l l ows
F I S to i ssue fac si m i l e pi l ot c e rtifi ca tes a nd medi ca l c e rtifi ca tes to c r e wm e mbe r s whose

ce rtifi ca tes h a ve b ee n los t , d e stro y e d, or m i spla ce d. Additionally, you requested an amendment to the exemption be granted to allow FIS to operate under the exemption for a

3

- three year period.

I n y our pe t i t i on, y ou ind i ca te th a t t h e re h a s be e n no c h a n g e in t he c ondi t ions and rea sons

r e lative to publ i c in t e r e st and s a f e ty that w e re the b a sis f

or g r a nt i ng the o r i g inal e x e mp t ion.

The F AA h a s det e rmin e d that g ood ca use e x is t s for not pub l ish i ng a summa r y of the p e t i t i on in

t he Fe d e r a l R e g is t e r b eca use the re qu e sted e x tension of the e x e mp t ion would not s e t a

pr e ce d e nt, and a ny d e lay in a c t i ng on th i s petition would be d e triment a l t o F I S

.2

Our Decision

The FAA has amended C ondition and L imitation No.2 to clarify our original intent and to standardize the relief with similarly granted exemptions. While the relief does not change substantially, all users of the exemption should thorough ly review the revised condition and

limitation

.

Although FIS request ed to extend the exemption for three years, the FAA finds that it is in the best interest of safety to review this exemption every two years to ensure that there has been no change in the circumstances or regulations from which the exemption is granted.

The F AA h a s det e rmin e d that the justific a t i on f o r the is s u a n c e of E x e mp t ion No. 9944 r e mains

v a l i d with r e spe c t t o th i s e x e mp t ion and is in the public inte re st. The re fo r e , und e r the a uthority

pro v ided by 49 U.S. C

. §§ 106(f), 40113

, a nd 44701, whi c h the F AA Admin i str a tor h a s d e le g a ted

to me, I hereby grant F l i g ht I nspe c t i on S e rvi ce s an exemption from 14 CFR §§ 61.3(a) and (c) to the extent necessary to allow FIS to issue company

- provided facsimiles of pilot and medical certificates to its pilot crewmembers when those certificates are lost, destroyed, or misplaced, subject to the conditions and limitations described below

.

Conditions and Limitations

1. The privile ges of this exemption are intended for situations where pilots have no access to airman services at the faa.gov website to receive via fax or internet

download FAA

- issued documents that contain temporary authority to e xercise certificate privileges.

2. This exemption allows FIS to develop and issue to a pilot flight crewmember a document confirming his/her FAA

- issued pilot and medical certification. The document issued by FIS must be in the pilot flight crewmember’s physical possession when exercising t he privileges of the exemption and must contain the following

information:

a. The pilot flight crewmember’s certification information from his/her pilot and

medical certificates.

b. The exact text or a photocopy of this exemption.

c. The FIS confirmation document must include the following statements:

i. “Issued under the authority of Exemption No. 9944 ;”

ii. “Expires [insert date/time 72 hours after issuance];”

iii. “The privileges of this exemption may be exercised only for flights

within the District of Columbia

, the 48 contiguous United States, its territories, and the states of Alaska and Hawaii. This exemption is not valid for operations in airspace outside of the United States, or in an3 intrastate operation that involves flight throug h international airspace” and

iv. “The privileges of this exemption may only be exercised for scheduled or unscheduled air carrier flights. The privileges of this exemption may not be exercised for operations under part 91, or part 91 subpart K.

3. Before conducting operations under this exemption, FIS must receive approval from its FAA principal operations inspector (POI) for the procedures FIS intends to employ in issuing a confirmation document to pilot flight crewmembers that do not have in

their personal possession the required pilot and medical certificate s and photo

identification. These procedures must include a method to ensure positive identification of the pilot flight crewmember when the pilot no longer has photo

identification.

4. Each pilot flight crewmember who operates a flight under this exemption must:

a. As soon as practicable, obtain from airman services at the faa.gov website a document containing temporary authority to exercise certificate privileges;

b. If the pilot flight crewmember’s FAA pilot and medical certificate are permanently lost or destroyed, the pilot flight crewmember must comply with the requirements of § 61.29(c) and ensure that a request for a replacement

certificate from the FAA is made w ithin 72 hours of the initiation of any flight conducted under this exemption. FIS is authorized to make this application to the FAA on behalf of the pilot flight crewmember; and

c. The pilot flight crewmember must provide a copy of an FAA

– issued

document that contain s temporary authority to exercise certificate privileges

to FIS within 24 hours of the receipt of that document.

T h e E ff ec t of O u r D ec is i on

Our d ec is i on e x tends the t e rmin a t i on d a te of E x e mp t ion No. 9944 C, as amended, to October 31,

2018

, unless soon e r sup e rs e d e d or re s c inded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service