AFS

- 15

- 587

- E April 29, 2015

Exemption No. 11475 Regulatory Docket No. FAA

- 2015

- 0348

Mr. Paul A. Per k ins, Jr.

Chief Pilot
PHI, Inc.

P.O. Box 90808 Lafayette, LA 70509

Dear Mr . Perkins :

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 January 19, 2015 , you petitioned the Federal Aviation Administration (FAA)

on behalf of PHI, Inc. ( PHI ) for an extension of E xemption No. 10426 , as amended. That exemption from § § 61

. 3(a)(1) and (c)(1) of Title 14, Code of Federal Regulati ons (14 CFR)

allow ed PHI to issue company

- provided facsimiles of pilot and me dical certificates to its pilot crewmembers when those certificates are lost, destroyed, or misplaced . PHI requests that the

relief be available for domestic flights and flights o utside the contiguous United States.

The FAA notes that Exemption No. 10426, as amended, expired on February 28, 2015

. 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 requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to PHI

.

The FAA has issued a grant of exemption in circumstances similar in all material respect s to those presented in your petition. In Grant of Exemption No. 10426 (copy enclosed), 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, therefore, 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,2

granting the exemption with certain conditions and li mitations 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, to the International Civil Aviation Organization International

Standards and Recommended Pr actices, 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 are similar in all material respects to relief previously requested in the e nclosed Grant

of Exemption No

. 10426, as amended ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10 426

, as amended also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

The petitioner requests relief for operations outside the United States

. The FAA has determined that under Chapter 5, Article 29 of the Convention on International Civil Aviation every aircraft of a contracting State engaged in international navigation shall carry the appropriate licenses for each member of the crew. Therefore, operations under this exemption

are limited to flights con ducted solely within the United States and its territories

.

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant PHI, Inc., an exemption from

14 CFR § § 61.3(a)(1) and (c)(1) to the extent necessary to allow PHI to issue company

provided facsimiles of pilot and medical certificates to its pilot crewmembers when those certificates are lost, destroyed, or misplaced , subj ect to the conditions and limitations

described below.

Con ditions 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 to receive via fax or internet

download FAA

- issued documents that contain temporary authority to e x ercise certificate privileges.

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

- issued pilot and medical certification. The document issued by PHI must be in the pilot flight crewmember’s phy sical 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 photocopy of this exemption.3

c. The PHI confirmation document must include the following statements:

i. “Issued under the authority of Exemption No. 1 1475 ;”

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 exercised 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 ”

.

3. Before conducting operations under this exemption, PHI must receive approval from its FAA principal operations inspector (POI) for the procedures PHI intends to employ in issuing a confirmation document to pilot flight crewmembers that do not have in their personal possession the required pilot and medical certificate s and photo identification. These procedures mu st 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;

b. If the pilot flight crewmember’s FAA pilot and medical certificate are permanently lost or destroyed, 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. PHI is authorized 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 an FAA

– issued

document that contain s temporary authority to exercise certificate privileges to PHI within 24 hours of the receipt of that document.4

This ex emption terminates on April 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

// s // John Barbagallo Deputy Director, Flight Standards Service

Enclosure[s]5