AFS

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July 22, 2016

Exemption No. 5487 L Regulatory Docket No. FAA

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- 12455

Mr. Jeff Miller Managing Director Flight Operations

Airlines for America

1275 Pe nnsylvania Avenue, NW, Suite 13 00 Washington, DC 20004

Dear Mr. Miller :

This letter is to inform you that we have granted your petition to extend E xemption No. 5487 , as amended. It expl ains the basis for our decision, describes its effect, and lists the conditi ons and

limitations.

The Basis for Our Decision

By letter dated February 4 , 201 6 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Airlines for America ( A4A ), for an extension and amendment to Exemption No. 5487

, as amended. That exe mption from §§ 61.3(a) and (c), 63.3(a), and 121.383(a)(2) of Title 14, Code of Federal Regulations (14 CFR) allows an air carrier to issue written confirmation of an

FAA

- issued crewmember certificate to a flight crewmember employed by that air carrier bas ed on information in the air carrier’s approved record system.

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.

Y ou requested an amendment to allow the temporary confirmation to be provided through an

electronic document. The FAA found that this amendment would be precedent setting and published a summary of the petition in the Federal Register on April 15, 2016 (78 FR 23799). In order to expedite the issuance of the extension before the exemption expires on July 31,

2016

, A4A withdre w its request for the amendment. The FAA is prepared to consider the2

requested amendment when A4A resubmits its petition after receiving an extension to Exemption No. 5487

.

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” air carriers, which included any air carr ier operating under the provisions of part 121 in Exemption No. 5487

. Howe ver, in an effort to manage exemptions granted by the FAA and to facilitate operator compliance with the conditions and limitations of a grant of exemption, the FAA is no longer

inc luding “similarl y situated air carriers” in grants of exemption.

In order for any air carrier that is not a member or associate member of A4A to exercise the relief provided by this grant of exemption, the carrier must submit a petition for similar relief that references Exemption No. 5487 . After analysis of the petition, if appropriate, the FAA will

amend Attachment 1 to Exemption No. 5487 to include the additional air carrier. An air carrier may only exercise the relief provided by this grant of exemptio n when it is listed in Attachment 1 to Exemption No. 5487 , as amended.

The FAA highlights that the Regional Airlin e Association’s part 121 member carriers have been granted a separa te exemption to allow issuance of written confirmation of an FAA

- issued

cre wmember certificate, on a temporary basis, to a flight crewmember employed by that air carrier based on information in the air carrier’s approved record system (Exemption No. 11152). Exemption No. 11 152 applies to Regional Airline Association members only.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5487 , 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), 401 13

, and 44701, which the FAA Administrator has delegat ed to me, Airlines for America is granted an extension of its exemption from 14 CFR 61.3(a) and (c), 63.3(a), and 121.383(a)(2) which allows an air carrier

to issue written confirmation of an FAA

- issued crewmember certificate to a flight crewmember employed by that air carrier based on information in the air c arrier’s approved record system

, subject to the following conditions and limitations.

Conditions and Limitations

1. Prior to utilizing any provision of this plan each air carrier must develop, submit to, and have approved by the FAA Principal Operations Inspector assigned to that carrier a plan outlining the procedures it expects to employ in issuing a temporary confirmation

document to crewmembers wh o do not have in their personal possession the airmen or medical certificate required under 14 CFR 61.3 and/or 63.3 for a particular flight.

2. If the individual no longer has any identification, the carrier’s procedures, specified in

condition and limitation No. 1, must include a method to assure positive identification of

the individual.3

3. Each airman who operates a flight under this exemption must comply with §§ 61.29 and/or 63.16 and assure that a request for a n official communication from the FAA confirming the applicable certificate is made within 72 hours of the initiation of any flight conducted under this exemption. The air carrier is authorized to make this application to the FAA on behalf of each applicable airman. The airman must provide a copy of t he official communication to the air carrier within 24 hours of the receipt of that

official communication

.
4. The carrier’s confirmation must include the written words “Issued under the authority of Exemption No. 5487, as amended.”

5. The privileges of this exe mption may only be exercised when the affected airman operates totally within the District of Columbia and the 48 contiguous states of the

United States.

The Effect of Our Decision

Our decision extends the termination date to July 31, 20 1 8

, unless s ooner super seded or

rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service