Exempt 5318J.txt

July 28, 2009

 Exemption No. 5318J

 Regulatory Docket No. 

FAA-2001-9348

Mr. James M. Lopez

Director, Engineering and Maintenance

Air Transport Association

1301 Pennsylvania Avenue NW., Suite 1100

Washington, DC 20004

Dear Mr. Lopez:

This letter is to inform you that we have granted your petition to extend Exemption

No. 5318, as amended. It explains the basis for our decision and describes its 

effect.

The Basis for Our Decision

By letter dated May 26, 2009, you petitioned the Federal Aviation Administration 

(FAA) on

behalf of Air Transport Association, Inc. (ATA), for an extension of Exemption No. 

5318, as

amended. That exemption from §§ 47.49 and 91.203 of Title 14, Code of Federal 

Regulations

(14 CFR) allows ATA-member airlines to operate certain U.S.-registered aircraft on a

temporary basis following the incidental loss or mutilation of a certificate of 

airworthiness,

aircraft registration certificate, or both.

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

precedent, and any delay in acting on this petition would be detrimental to ATA.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 

5318, 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. 40113 and 44701, which the FAA 

Administrator

has delegated to me, I grant your petition, subject to the conditions and 

limitations below.

Conditions and Limitations

1. Each ATA member desiring to utilize this exemption must apply for and receive 

from the

 FAA district office responsible for its air carrier certificate an amendment to

its

 operations specifications authorizing it to exercise the privileges of this 

exemption.

2. Each ATA member airline utilizing the provisions of this exemption 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 

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Exempt 5318J.txt

certificate or

 registration 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 the air carrier’s manual as 

required

 by 14 CFR § 121.133.

3. The comprehensive program specified in paragraph 2 above must 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. ____ 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 (b) shall be affixed to this statement.

(b) An identification of the designated person(s) within the air carrier’s 

maintenance

 organization authorized to enter the statement outlined in 

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 the air carrier’s organization

 responsible for certificates of airworthiness and registration 

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 the air carrier’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 that air carrier is 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).

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

title.

4. The privileges of this exemption may only be exercised by an ATA member airline 

for

 temporary replacement of a missing or mutilated certificate that is current and

in effect and

 applies to U.S.-registered aircraft listed in each ATA member airline’s 

FAA-approved

 operations specifications.

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Exempt 5318J.txt

5. A copy of the grant of exemption and a copy of the operations specifications 

authorizing

 its use must be carried on board the aircraft when exercising the privileges of

the

 exemption.

6. The privileges of the exemption may only be exercised when the affected aircraft

is

 operated totally within the contiguous 48 States of the United States.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5318, as amended, to

July 31, 2011, unless sooner superseded or rescinded.

Sincerely,

/s/

Chester D. Dalbey

Acting Director, Flight Standards

 Service

AFS-09-308-E

 AFS-09-308-E

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