AFS-11-448-E 

January 6, 2012 

 Exemption No. 10426 

 Regulatory Docket No. FAA-2011-0981 

Mr. Michael C. Hurst 

Chief Pilot 

PHI, Inc. 

P.O. Box 90808 

Lafayette, LA 70509 

Dear Mr. Hurst: 

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 September 1, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of PHI, Inc. (PHI) for an exemption from § 61.3(a)(1) and (c)(1) of Title 14, Code 

of Federal Regulations (14 CFR). That exemption, if granted, would allow PHI to issue 

company-provided facsimiles of pilot and medical certificates to its pilot crewmembers when 

those certificates are lost, destroyed, or misplaced. 

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 respects to 

those presented in your petition. In Grant of Exemption No. 5560, as amended (copy 

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

on a 24-hour emergency basis, some operators are not equipped to receive such certificates in 

a timely manner at various locations during non-business hours. The FAA finds that the 
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inability of an operator to receive telegraphic replacement certificates in a short time could 

result in substantial flight delays or even flight cancellations. 

The FAA notes that in Amendment 61-102, Pilot, Flight Instructor, Ground Instructor, and 

Pilot School Certification Rules; Final Rule; Request for Comments (62 FR 16220, 

April 4, 1997), effective August 4, 1997, § 61.29 was revised to permit airmen who have lost 

an airman or medical certificate to obtain confirmation by facsimile rather than by telegram 

that the certificate was issued. 

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, granting the exemption with certain conditions and limitations 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 Practices, 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 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 No. 5560; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 5560 

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 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, subject to the conditions and limitations described below. 

Conditions and Limitations 

1. A copy of this exemption must be carried onboard the aircraft whenever a PHI 

pilot flight crewmember operates a flight under this exemption. 

2. Before conducting operations under this exemption, PHI must develop, submit to, 

and have approved by its FAA principal operations inspector (POI) a plan 

outlining the procedures it expects to employ in issuing a temporary confirmation 

document to pilot flight crewmembers who do not have in their personal 
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possession the airman or medical certificate required under the regulations for a 

particular flight. 

3. PHI’s procedures, as specified in Condition No. 2, must include a method to 

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

crewmember no longer has any identification. 

4. Each pilot flight crewmember who operates a flight under this exemption must 

comply with § 61.29(c) and ensure a request for a facsimile from the FAA 

confirming the applicable certificate 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. The pilot flight 

crewmember must provide a copy of the facsimile to PHI within 24 hours of the 

receipt of that facsimile. 

5. PHI confirmation document must include the written words “Issued under the 

authority of Exemption No. [insert the number of this exemption].” 

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

flight crewmember operates totally within the District of Columbia and the 

contiguous United States. The privileges of this exemption may not be exercised 

in Alaska or Hawaii. 

7. The privileges of this exemption may only be exercised for scheduled air carrier 

flights operated under part 135. The privileges of this exemption may not be 

exercised for operations under part 91, part 91 subpart K, or for unscheduled 

flights operated under part 135. 

This exemption terminates on January 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service 

Enclosure