AFS-16-14162-E 

### CORRECTED COPY

The FAA is reissuing the January 23, 2017 grant of Exemption No. 5549N. A correction was made to clarify

condition and limitation #1.

January 23, 2017

Exemption No. 5549N Regulatory Docket No. FAA-2000-8434

Mr. Jeff Miller Managing Director, Flight Operations

Airlines for America 1275 Pennsylvania Avenue, NW., Suite 1300 Washington, D.C. 20004

Dear Mr. Miller:

This letter is to inform you that we have granted your petition to extend Exemption No. 5549, as amended. It explains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated September 19, 2016, you petitioned the Federal Aviation Administration (FAA) on behalf of Airlines for America (A4A ) for an extension of Exemption No. 5549, as amended. That exemption from § 121.652(a) and (c) of Title 14, Code of Federal Regulations (14 CFR) allows a new pilot in command (PIC) of any A4A member airline, and of any other similarly situated part 121 certificate holder, who is subject to higher landing weather minimum requirements to operate to the normal, lower Category I and Category II minimums under the conditions stipulated.2

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA made changes to condition and limitation #4 to clarify the PIC experience required for turbojet or turbopropeller airplane operations.

As a separate issue, when A4A previously petitioned for this exemption, the FAA granted relief to the petitioner’s member airlines, as well as to all other “similarly situated” certificate holders, which included any air carrier operating under the provisions of part 121 (Exemption No. 5549). However, in an effort to manage exemptions granted by the FAA and to facilitate operator compliance with the conditions and limita tions of a grant of exemption, the FAA is no longer including “similarly situated certificate holders” in grants of exemption.

In order for any certificate holder that is not a member or associate member of A4A to exercise the relief provided by this grant of exemption, the certificate holder must submit a petition for similar relief that references Exemption No. 5549N. After analysis of the petition, if appropriate, the FAA will amend Attachment 1 to Exemption No. 5549 to include the additional certificate holder. A certificate holder may only exercise the relief provided by this grant of exemption when it is listed in Attachment 1 to Exemption No. 5549, as amended.

In its September 19, 2016 petition, A4A provided a list of members and associate members to which relief would apply. Since Air Canada is a part 129 air carrier, the FAA finds that the exemption does not apply and has not included Air Canada in the list of certificate holders

covered.

The FAA highlights that the Regional Airline Association’s part 121 members have been granted a separate exemption to allow a new pilot in command (PIC), who is subject to higher landing weather minimum requirements to operate to the normal, lower Category I and Category II minimums under the conditions stipulated (Exemption No.17203). Exemption No. 17203 applies to Regional Airline Association part 121 members only.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to A4A member

airlines.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5549, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, Airlines for America (A4A) is granted an extension to Exemption No. 5549 for 14 CFR § 121.652(a) and (c) to the extent it allows a new PIC of an air carrier, who is subject to higher landing weather minimum requirements to operate to3

the normal, lower Category I and Category II minimums under the conditions stipulated, subject to the following conditions and limitations.

Conditions and Limitations

1. Each certificate holder using this exemption must comply with § 121.438.

2. 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 flight simulation traini ng devices for those scenarios; and

b. Specific approval by the certificate holder's principal operations inspector to use this exemption for each aircraft type.

3. Category I, specific. A pilot in command (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 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 certificate holder when the certificate holder's approved training program incorporates the use of an approach coupler or a heads-up display (HUD) system that provides flight gui dance 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 flight crew 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 (RVR) (3/4 mile visibility) and the cross-wind component exceeds 15 knots combined with a braking action report of less than "good."4

4. 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 authorized Operations Specifications if each of the following conditions is met —

a. For turbojet airplane operations, the PIC has at least 300 hours as PIC or second in command in a turbojet airplane;

b. For turbopropeller airplane operations, the PIC has at least 300 hours as PIC or second in command in a turbopropeller airplane.

c. The PIC and other required flightcrew members are trained and qualified in Category II or III instrument approach procedures, and use those procedures appropriately;

d. The airplane 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

e. That approach coupler and autoland system or HUD is used for the instrument approach procedure and landing or until initiation of a missed approach.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5549, as amended, to January 31, 2019, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service