AFS

- 13

- 383

- E September 13, 2013

Exemption No. 10870 Regulatory Docket No. FAA

- 2009

- 0333

Mr. Gregory Marcussen Director of Operations Jet Select, LLC

4130 E. Fifth Avenue Columbus, OH 43219

Dear Mr. Marcussen :

This letter i s 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 dated May 14, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of Jet Select, LLC (Jet Select) for an extension of Exemption No. 9882. That exemption from § 61.3(a) and (c) of Title 14, Code of Federal Regulations (14 CFR) allows

Jet Select to i ssue written confirmation of an FAA

- issued crewmember certificate to a flight crewmember employed by that air carrier based on information in the air carrier’s approved record system. The written confirmation issued under the terms of this exemption is

co nsidered an acceptable means of compliance with the pilot certification, photo identification, and medical certificate requirements in § 61.3(a) and (c)

. E xemption No. 9882 expired on June 30, 2013. Therefore, we will treat your request as a new petition

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Jet Select

.

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. 10804, as amended (copy2

enclosed), the FAA found that although the FAA issues telegraphic replacement certificate s on a 24

- hour emergency basis, some airlines are not equipped to receive such certificates in a timely manner at various locations during non

- business hours. The FAA finds the inability of an airline to receive telegraphic replacement certificates in a s hort time could result in substantial flight delays or even flight cancellations.

The FAA found that permitting the air carrier to issue written confirmation of an FAA issued flight crewmember certificate could preclude delays and cancellations and, ther efore, would be in the public interest. The FAA also found that although there may be minor differences between the content of the records maintained by the FAA, and those maintained by the carrier, granting the exemption with certain conditions and limit ations would provide a level of safety equivalent to that provided by the affected regulations. Finally, the FAA stated that under section 1, chapter 1, annex 1, of the International Civil Aviation Organization

International Standards and Recommended Prac tices, a license must be issued or rendered valid by a contracting State, and, therefore, operations under the exemption would be limited to flights conducted within the 48 contiguous United States and the District of Columbia.

Having reviewed your reaso ns for requesting an exemption, I find that:

• They do not differ materially from those presented by the petitioner in the enclosed Grant of Exemption No. 10804;

• The reasons stated by the FAA for granting the enclosed Grant of Exemption

No. 10804 al so apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

While this exemption does not differ materially from those presented by previous petitions, the FAA requires special emphasis to be placed upon opera tors having a method to ensure positive identification of the pilot flight crewmember whose photo identification is lost, destroyed, or mutilated

. Jet Select must receive approval from its FAA principal operations inspector (POI) for the procedures Jet Se lect intends to employ in issuing a confirmation

document to the pilot flight crewmember who do es not have

, in his/her personal possession

, the required photo identification as well as pilot and/or medical certificate. The intent of these procedures is to mitigate security concerns regarding pilot identification

.

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Jet Select , LLC an exemption from 14 CFR § 61.3(a) and (c ) to the exten t necessary to allow Jet Select 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.3

Conditio ns and Limitations

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

download FAA

- issued documents containing temporary authority to e xerci se certificate privileges.

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

- issued pilot and medical certification. The document issued by Jet Select must be in the pilot flight crewm ember’s physical possession when exercising the 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 photoco py of this exemption.

c. The Jet Select confirmation document must include the following

statements:

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

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 and the 48 contiguous United States, or is an intrastate operation that does not involve flight through international airspace;” and

iv. “The privileges of this exemption may only be exerc ised 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.

2. Before conducting operations under this exemption, Jet Select must receive approval from its FAA principal operations inspector (POI) for the procedures Jet

Select intends to employ in issuing a confirmation document to pilot flight

crewmembers that do not have in their personal possession the required pilot and/or medical certificate or photo ide ntification. 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;4

b. If the pilot flight crewmember’s FAA pilot and medical certificate are permanently lost or destroye d, 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 within 72 hours of the initiation of any flight conducted under this exemption. Jet Select is

autho rized 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 FAA

– issued documents containing temporary authority to exercise certificate privileges

to Jet Select within 24 ho urs of the receipt of that document.

Thi s exemption terminates on September 30 , 2015 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service