AFS-16-106751-E 

January 13, 2017 

 Exemption No. 17203 

 Regulatory Docket No. FAA-2016-9404 

Ms. Stacey Bechdolt 

Vice President, Safety and Operations/Regulatory Counsel

Regional Airline Association

2025 M Street, NW, Suite 800

Washington, DC 20036

Dear Ms. Bechdolt: 

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 dated October 27, 2016, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Regional Airline Association (RAA) for an exemption from § 121.652 (a) and (c) 

of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow a new pilot 

in command (PIC) of any RAA member airline, 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. 

In its October 27, 2016 petition, RAA provided a list of member carriers to which relief 

would apply. The FAA clarified information concerning certain member carriers with the 

petitioner and updated the list of carriers included in the exemption as follows. First, the 

petitioner confirmed that Jazz Aviation refers to a part 129 member carrier. In this case, the 

FAA finds that the exemption does not apply and has not included Jazz Aviation in the list of 

part 121 air carriers covered. Second, the petitioner confirmed that RAVN Alaska refers to the 

Corvus Airlines. Inc. certificate. Because Corvus Airlines operates under part 121, the FAA 

has included it in this exemption applicable to RAA’s part 121 member carriers. 
2 

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 RAA. 

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. 5549 (copy enclosed), the FAA 

found that factors, such as advanced equipment and training can, under certain conditions, 

provide alternative ways to achieve the level of safety required by the regulation. 

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

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 5549; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 5549 

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, Regional Airline Association is granted an exemption 

from 14 CFR § 121.652 (a)and(c) to the extent necessary to allow a new PIC of the RAA 

member airlines listed within this grant, 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, subject to the conditions and limitations described below. 

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 training 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— 
3 

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 guidance 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. 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 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. 
4 

This exemption terminates on February 28, 2019, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosure 
5 

Attachment 1 

The relief provided by Exemption No. 17203 is limited to the certificate holders listed below1: 

Regional Airline Association Part 121 Members 

Air Wisconsin Airlines Corporation 

Champlain Enterprises, LLC (DBA CommutAir) 

Compass Airlines, LLC 

Corvus Airlines, Inc. (DBA RAVN Alaska) 

Empire Airlines, Inc. 

Endeavor Air, Inc. 

Envoy Air, Inc. 

ExpressJet Airlines, Inc. 

GoJet Airlines, LLC 

Great Lakes Aviation, Ltd. 

Hawaii Island Air, Inc. 

Horizon Air Industries, Inc. 

Hyannis Air Service, Inc. (DBA Cape Air) 

Mesa Airlines, Inc. 

Piedmont Airlines, Inc. 

PSA Airlines, Inc. 

Republic Airlines, Inc. 

Seaborne Virgin Islands, Inc. (DBA Seaborne Airlines) 

Shuttle America Corporation 

SkyWest Airlines, Inc. 

Trans States Airlines, LLC 

 

 

1 Attachment amended December 13, 2016. 
AFS-14-516-E

November 13, 2014

 Exemption No. 5549M

 Regulatory Docket No. FAA-2000-8434

Mr. Paul W. Railsback

Managing Director of Operations

Airlines for America

1301 Pennsylvania Ave., NW., Suite 110

Washington, D.C. 20004

Dear Mr. Railsback:

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 29, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Air Transport Association (ATA) dba 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. 

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 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 
2

precedent, and any delay in acting on this petition would be detrimental to A4A member 

airline, and of any other similarly situated part 121 certificate holder.

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, Air Transport Association (ATA) dba 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 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, subject to the following conditions and limitations.

Conditions and Limitations

1. Each operator 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 training devices or simulators 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 operator 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 guidance information to decision height;
3

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. 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 Operations 

Specifications paragraph C059 if each of the following conditions is met —

a. The PIC has at least 300 hours as PIC or second in command in a turbojet 

airplane;

b. The PIC and other required flightcrew members are trained and qualified in 

Category II or III instrument approach procedures, and use those procedures 

appropriately;

c. 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

d. 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, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Direct, Flight Standards Service