AFS

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- E March 08, 2013

Exemption No. 10731 Regulatory Docket No. FAA

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- 0747

Mr. Brian Byers Director of Compliance Western Airways, Inc.

200 Jim Davidson Drive Sug ar 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.

T he 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 pilo t 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

.2

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Gran t 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 lo cations during non

- business hours. The FAA f ound 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 t ake reasonable precautions in securing aircraft

airworthiness and registration certificates onboard aircraft while also complying with the requirements for the display of these certificates. However, t hese certificates are sometimes

mutilated or removed f rom 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 unfor ecasted cost.

Having reviewed your reasons for re questing 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 8 802 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 e xemption 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 follo wing incidental loss or mutilation of an aircraft’s airworthiness or registration certificate , subj ect to the conditions and limitations

described below.

Conditions and Limitations

1. This exemption is issued for the purpose of preventing cancellation of ai r carrier flights in situations where :

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

certificat e are valid but physically unavailable; or
,

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

are vali d but physically unavailable.3

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 documen ts containing temporary authority to exercise certificate privileges.

3. This exempt ion 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 W estern 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 c ertificates.

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 pr ivileges of this exemption may be exercised only for flights

with in 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 p art 91, or p art 91 Subpart K

.

4. Before conducting operations under this exemption, Western Airways must rece ive approval from its FAA principal operations inspector (POI) for the procedures

Western A irways 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 medica l 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 thi s exemption must :4

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 ensur e 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 Air ways 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 t hat 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 air craft’s airworthiness certificate and registration

certificate

, Western Airways must develop a comprehen sive 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 applica tion 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 airc raft. This program must be approved b y 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

pe riod of 3 working days, not including weekends or Federal holidays, following the start of the next business day, beginning:

Time:______ Date:______”5

The signature, title, and station location of the person( s) authorized by

condition No. 7 (b) below m ust 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 C on dition No. 7 (a) above and the method(s) by which the documen ts required under C ondition No. 7 will be transmitted to the affected aircraft.

(c) An arrangement wherein those person(s) within Western Airway s ’ 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 C ondition No. 7 (b) abov e 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

mutila ted certificate and that immediate application is made to the FA A 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 cop y 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 , 201 5 , unless sooner superseded or rescinded

.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight

Standards Service

Enclosures