AFS-11-102-E Jan 24 2011

Exemption No. 10198 Regulatory Docket No. FAA-2010-1289

Mr. Eric J. Steen Director of Operations

Encore Charter @ Landmark Aviation

3501 Aviation Avenue Sioux Falls, SD 57104

Dear Mr. Steen:

This letter is to inform you that we have denied your petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated December 17, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Encore Charter (Encore) for an exemption from § 61.3 of Title 14, Code of Federal Regulations (14 CFR). The FAA has determined that Encore requires relief from § 61.3(a) and (c). The exemption would allow Encore pilots to complete a flight without having their pilot and medical certificates, as well as government issued photo identification, in their physical possession or readily available in the aircraft.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because any delay in acting on this petition would be detrimental to

Encore.

The FAA recently issued a denial of exemption in circumstances similar in all material respects to those presented in your petition. In Denial of Exemption No. 8131 (copy enclosed), the FAA found that it is not in the public interest to expand the relief granted to scheduled air carriers to air carriers conducting part 91 or unscheduled flights under part 135. In issuing previous exemptions from § 61.3(a) and (c), the FAA clearly stated that it was limiting this type of relief to air carriers conducting scheduled operations under 14 CFR part2

121 and part 135 because flight delays and cancellations for these types of operations potentially affect a large number of passengers. The FAA noted that operations conducted under part 91 or unscheduled operations conducted under part 135 generally involve relatively small passenger loads. Therefore, the justification for previous exemptions does not apply to operations conducted under part 91 or unscheduled operations conducted under part 135.

In addition, the FAA determined that extending the relief granted to pilots conducting scheduled operations under part 121 and part 135 to pilots conducting operations under part 91 or unscheduled operations under part 135 would set a precedent for extending the same relief to all pilots, regardless of the type of f light operations they may conduct. Therefore, the FAA determined that a grant of exemption would risk extending the scope of the relief from § 61.3(a) and (c) provided to air carriers conducting scheduled passenger-carrying operations well beyond the FAA’s original intent. The FAA notes that if such broad relief was justified for all pilots, a formal rulemaking, subject to notice and comment, would be required to amend the regulatory requirement under § 61.3(a) and (c).

Finally, the FAA noted that since it issued exemptions from § 61.3(a) and (c), the FAA issued Picture Identification Requirements (67 FR 65858, October 28, 2002), requiring all pilots to have an official picture identification docum ent in their personal possession when exercising the privileges of their pilot certificates. The FAA issued this rule in response to Public Law 107-71, the Aviation and Transportation Security Act, which was enacted due to the terrorist attacks of September 11, 2001. The FAA therefore found that, given the current security environment, the lack of organized oversight for operations conducted under part 91 precludes extending relief from § 61.3(a) and (c) to operations conducted under part 91.

Having reviewed your reasons for requesting an exemption, I find that—

 they don’t differ materially from those presented by the petitioner in the enclosed denial of exemption;

 the reasons stated by the FAA for denying the enclosed exemption also apply to the situation you present; and

 a grant of exemption wouldn’t be in the public interest.3

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby deny the petition of Encore Charter for an exemption from 14 CFR 61.3(a) and (c).

Sincerely,

/s/

John W McGraw Acting Director, Flight Standards

Service

Enclosure