AFS-15-2355-E July 27, 2015

Exemption No. 12186 Regulatory Docket No. FAA-2015-2164

Mr. David Bain Chief Inspector Mountain Air Cargo, Inc

P.O. Box 488 Denver, NC 28037

Dear Mr. Bain:

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 posted to the Docket on June 16, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Mountain Ai r Cargo, Inc. (Mountain Air Cargo) for an exemption from §§ 91.203(a) and (b), and 47.49 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Mountain Air Cargo to temporarily operate U.S.- registered aircraft in domestic operations without the registration or airworthiness certificates

on board.

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 Mountain Air Cargo.

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. 8662 (copy enclosed), the FAA found that operating the aircraft temporarily without the registration or airworthiness certificate on board would not affect safety, and th ere is an equivalent level of safety provided in this exemption.

Having reviewed your reasons for requesting an exemption, I find that—2

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 8662;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8662 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. 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Mountain Air Cargo, Inc. an exemption from 14 CFR §§ 91.203(a) and (b), and 47.49 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Mountain Air Cargo to temporarily operate U.S.- registered aircraft in domestic operations without the registration or airworthiness certificates on board, subject to the conditions and limitations described below.

Conditions and Limitations

1. Mountain Air Cargo must apply for and r eceive from the FAA Flight Standards District Office (FSDO) responsible for its air carrier certificate an amendment to its operations specifications authorizing it to exercise the privileges of this exemption.

2. Mountain Air Cargo must develop a comprehensive program that provides for continued operation of its aircraft through use of an appropriate entry in the aircraft logbook when the airworthiness certificate or re gistration certificate is lost, stolen, or mutilated; ensure that timely application is made to the FAA for a replacement certificate; and provide for the temporary operation of the aircraft during the interim required to receive a replacement certificate from the FAA and install it on the affected aircraft. This program must be FAA-approved, and instructions for its use shall be included in Mountain Air Cargo’s air carrier manual as required by 14 CFR §§ 135.23, and 121.135.

3. The comprehensive program specified in paragraph 2 above will contain:

(a) A requirement that the following statement be entered into the appropriate section of the aircraft logbook whenever this exemption is to be used: “This aircraft is being operated without a certificate of registration (or airworthiness, as applicable) under the provisions of Exemption No. 12186 for a period of 3 working days, not including weekends or Federal holidays, following the start of the next business day, beginning:
TIME: _____ DATE:_____ 20__” The signature, title, and station location of the person(s) authorized by paragraph shall be affixed to this statement;

(b) An identification of the designated person(s) within Mountain Air Cargo’s maintenance organization authorized to enter the statement outlined in3

paragraph 3(a) and the method or methods wherein the documents required under paragraph 5 below will be transmitted to the affected aircraft;

(c) An arrangement whereby those persons within Mountain Air Cargo’s organization responsible for certificates of airworthiness and registration

would maintain a current record of the data from the certificates of each aircraft within its fleet that may be affected by the exemption. These data must be made readily available to that element within Mountain Air Cargo’s maintenance organization identified in paragraph 3(b) and must be kept current at all times;

(d) Procedures to ensure that the FAA principal maintenance inspector with responsibility for Mountain Air Cargo would be immediately notified of a missing or mutilated certificate and that timely application is made to the FAA for a replacement certificate (in the case of an airworthiness certificate) or a duplicate certificate (in the case of a registration certificate); and

(e) Procedures that would describe specific duties and responsibilities by job title.

4. The privileges of this exemption may be exercised by Mountain Air Cargo only for temporary replacement of a missing or mutilated certificate that is current and in effect and would only apply to U.S.-registered ai rcraft listed in Mountain Air Cargo’s FAAapproved operations specifications.

5. A copy of the grant of exemption and a copy of the operations specifications authorizing its use would be carried on board the aircraft when exercising the privileges of the exemption.4

6. The privileges of the exemption would only be exercised when the affected aircraft is operated totally within the contiguous 48 States of the United States.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo Deputy Director, Flight Standards Service

Enclosure Exemption No. 8662