AFS-12-497-E

March 08, 2013

 Exemption No. 10731

 Regulatory Docket No. FAA-2012-0747

Mr. Brian Byers

Director of Compliance

Western Airways, Inc.

200 Jim Davidson Drive

Sugar Land, TX 77478

Dear Mr. Byers:

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 July 6, 2012 and your supplemental information letter dated August 2, 2012, 

you petitioned the Federal Aviation Administration (FAA) on behalf of Western Airways, Inc. 

(Western Airways) for an exemption from §§ 61.3(a) and (c) and 91.203(a) and (b) of 

Title 14, Code of Federal Regulations (14 CFR). The exemption, if granted, would allow 

Western Airways to continue operating its aircraft with a company-provided facsimile of pilot 

and medical certificates to its pilot crewmembers and following incidental loss or mutilation 

of an aircraft’s airworthiness or registration certificate.

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 Western Airways.
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The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption Nos. 10526 and 8802 (copies 

enclosed), the FAA found that although the FAA issues telegraphic replacement certificates 

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 found that the 

inability of an airline to receive telegraphic replacement certificates in a short time could result 

in substantial flight delays or even flight cancellations. 

The FAA also found that airlines take reasonable precautions in securing aircraft 

airworthiness and registration certificates onboard aircraft while also complying with the 

requirements for the display of these certificates. However, these certificates are sometimes 

mutilated or removed from the aircraft without the airline’s permission. The FAA found that 

these incidents require the airline to obtain replacement certificate from the FAA before 

further flight, mitigating delays and unforecasted cost. 

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 Nos. 10526 and 8802;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 10526 

and 8802 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. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Western Airways an exemption from 14 CFR §§ 61.3(a) 

and (c) and 91.203(a) and (b) to the extent necessary to allow Western Airways to continue 

operating its aircraft with an issued company-provided facsimile of pilot and medical 

certificates to its pilot crewmembers and following incidental loss or mutilation of an 

aircraft’s airworthiness or registration certificate, subject to the conditions and limitations

described below.

Conditions and Limitations 

1. This exemption is issued for the purpose of preventing cancellation of air carrier 

flights in situations where:

a. A pilot flight crewmember’s FAA pilot certificate, and/or FAA medical 

certificate are valid but physically unavailable; or, 

b. An aircraft’s airworthiness certificate, and/or aircraft’s registration certificate 

are valid but physically unavailable. 
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Relief from §§ 61.3(a) and (c)

2. 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 exercise 

certificate privileges.

3. This exemption allows Western Airways to develop and issue to a pilot flight 

crewmember a document confirming his/her FAA-issued pilot and medical 

certification. The document issued by Western Airways must be in the pilot flight 

crewmember’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 photocopy of this exemption.

c. The Western Airways 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.”

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.

4. Before conducting operations under this exemption, Western Airways must receive 

approval from its FAA principal operations inspector (POI) for the procedures 

Western Airways intends to employ in issuing a confirmation document to pilot 

flight crewmembers who do not have in their personal possession the required pilot 

and/or medical certificate or photo identification. These procedures must include a 

method to ensure positive identification of the pilot flight crewmember when the 

pilot no longer has photo identification. 

5. Each pilot flight crewmember who operates a flight under this exemption must:
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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 crewmemember’s FAA pilot and medical certificate are 

permanently lost or destroyed, the pilot flight crewmember must comply with 

the requirements of § 61.29 and ensure a request for a replacement certificate 

from the FAA is made within 72 hours of the initiation of any flight conducted 

under this exemption. Western Airways is authorized to make this application 

to the FAA on behalf of the pilot flight crewmember. 

c. The pilot flight crewmember must provide a copy of FAA –issued documents 

containing temporary authority to exercise certificate privileges to Western 

Airways within 24 hours of the receipt of that document. 

Relief from §§ 91.203(a) and (b)

6. The privileges of this exemption may be exercised by Western Airways only for 

temporary replacement of a missing or mutilated airworthiness or registration 

certificate that is current and in effect and applies only to U.S-registered aircraft 

listed in Western Airway’s operations specifications.

7. For replacement of an aircraft’s airworthiness certificate and registration 

certificate, Western Airways must develop a comprehensive program that provides 

for the continued operation of the aircraft by (1) making appropriate entry in the 

aircraft logbook when the airworthiness or registration certificate for the aircraft is 

lost, stolen, or mutilated; (2) ensuring immediate application is made to the FAA 

for a replacement certificate; and (3) providing for the operation of the aircraft 

during the interim period required to receive a replacement certificate from the 

FAA and install it on the aircraft. This program must be approved by the FAA 

certificate holding district office and instructions for its use must be included in the 

air carrier’s manual required by 14 CFR § 121.133(a). The comprehensive program 

must contain—

(a) A requirement that the following statement be entered in the appropriate 

section of the aircraft logbook before the provisions of this exemption are 

exercised:

“This aircraft is being operated without an airworthiness or registration 

certificate, as applicable, under the provisions of Exemption No. [xxxx] for a 

period of 3 working days, not including weekends or Federal holidays, 

following the start of the next business day, beginning:

Time:______ Date:______”
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The signature, title, and station location of the person(s) authorized by 

condition No. 7(b) below must be affixed to this statement.

(b) The name and contact information of the designated person(s) within Western 

Airways maintenance organization authorized to enter the statement outlined 

in Condition No. 7(a) above and the method(s) by which the documents 

required under Condition No. 7 will be transmitted to the affected aircraft.

(c) An arrangement wherein those person(s) within Western Airways’

organization responsible for airworthiness and registration certificates will 

maintain a current record of the data from the certificates of each aircraft 

within Western Airways fleet that may be affected by this exemption. These 

data must be made readily available to those person(s) within Western 

Airways maintenance organization identified in Condition No. 7(b) above and 

must be kept current at all times.

(d) Procedures to ensure that the FAA principal maintenance inspector with 

responsibility for Western Airways is notified immediately of missing or 

mutilated certificate and that immediate application is made to the FAA for a 

replacement certificate in the case of the airworthiness certificate or a 

duplicate certificate in the case of a registration certificate.

(e) Procedures describing specific duties and responsibilities by job title.

8. A copy of this exemption and a copy of the procedures in Western Airways 

operations specifications authorizing its use must be carried onboard the aircraft 

when exercising the privileges of this exemption.

This exemption terminates on March 31, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan 

Deputy Director, Flight 

Standards Service 

Enclosures