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 part 
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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 flight 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 document 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. 
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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