AFS-10-314-E

Jul 16 2010

Exemp tion No. 10098 Regul atory Docket No. FAA-2002-12562

Mr. Everett Leaf Director of Operations Frontier Flying Service, Inc. 5245 Airport Industrial Road Fairbanks, AK 99709

Dear Mr. Leaf:

This letter is to inform you that we have granted y our request for exemption. It transmits our decision, explains its basis, and gives you the con ditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision By letter dated June 22, 2010, you petitioned the F ederal Aviation Administration (FAA) on behalf of Frontier Flying Service, Inc. (FFS), for an extension of Exemption No. 8344. That exemption from §§ 61.3(a) and (c) and 121.383(a)(2) of Title 14, Code of Federal Regulations for operations conducted under part 121 or 135 allo ws FFS to issue to its pilot flight crewmembers written confirmation of an individual F AA-issued crewmember certificate based upon information in FFS’s approved record sys tem. That confirmation, when attached to this exemption, shall permit FFS to operate the affected flight and permit the individual pilot flight crewmember to serve as a flight crewme mber on the affected flight without that pilot flight crewmember having in his/her possessio n the FAA issued pilot or medical certificate required for any part 121 or part 135 f light. That exemption, however, expired on June 30, 2010. Therefore, we will treat your reque st as a new petition.

In your petition, you indicate that the conditions and reasons regarding public interest and safety, presented in that original petition upon wh ich the exemption was granted, remain unchanged.2

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested extension of the exemption w ould not set a precedent, and any delay in acting on this petition would be detrimental to FFS.

The FAA has issued grants of exemption in circumsta nces similar in all material aspects to those presented in your petition. In your previous Grant of Exemption No. 8344, as amended, the FAA found that the information found on both ai rman medical and pilot certificates confirms the findings that the FAA made at the time each certificate was issued in regard to an airman's qualifications. By having these documents in his/her possession, the airman can demonstrate to an FAA aviation safety inspector, an accident investigator of the National Transportation Safety Board, or other responsible i ndividual that at a time past he/she was qualified to operate the proposed flight.

The airman has also demonstrated these same qualifi cations to the air carrier by whom he/she is employed. Section 121.683 requires that each ai r carrier maintain current records of each crewmember that demonstrate airplane qualifications and physical examinations. This information may be maintained in computer records.

Although there may be minor differences between the content of the records maintained by the FAA and those maintained by the carrier, the FAA ha s determined that the proposed exemption can provide a level of safety equivalent to that provided by the affected regulation, subject to certain conditions and limitations.

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

• they do not differ materially from those presented by you in your past grant of exemption (Exemption No. 8344, as amended);

• the reasons stated by the FAA for granting the encl osed exemption still apply to your present situation; and

• a grant of exemption is in the public interest.

Our Decision The FAA has determined that the justification for t he issuance of Exemption No. 8344, as amended, remains valid with respect to this exempti on and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition, subject to the conditions and limitations described below.

Conditions and Limitations

1. Prior to using any provision of this plan, FFS must develop, submit to, and have approved by the FAA principal operations inspector (POI) assigned to that carrier a3

plan outlining the procedures it expects to employ in issuing a temporary confirmation document to crewmembers who do not have in their pe rsonal possession for a particular flight the airman or medical certificate required under the rule.

2. The document described in Condition No. 1 must cont ain, as a minimum, the following information:

a. With regard to an airman's pilot certificate, that airman's:

i. Name;

ii. Address;

iii. Date of Birth;

iv. Height;

v. Weight;

vi. Color of Hair;

vii. Color of Eyes;

viii. Sex;

ix. Nationality;

x. Title of Certificate;

xi. Certificate Number;

xii. Ratings and Limitations; and

xiii. Date of Issue.

b. With regard to an airman's medical certificate, tha t airman's:

i. Name;

ii. Address;

iii. Date of Birth;

iv. Height;

v. Weight;

vi. Color of Hair;

vii. Color of Eyes;

viii. Sex;

ix. Limitations;

x. Date of Examination;

xi. Examiner's Serial Number;4

xii. Examiner's Name; and

xiii. Class of Certificate.

3. FFS must notify the POI (within 24 hours of the ini tiation of any flight conducted under this exemption) that the exemption has been u sed and provide the following information:

a. The dates and flight number of any flights operated under the provisions of this exemption; and

b. The information required by and specified in Condit ion No. 2.

4. Each airman who operates a flight under this exempt ion must comply with § 61.29(c) and ensure that a request for a facsimile from the FAA confirming the applicable certificate is made within 72 hours of the initiati on of any flight conducted under this exemption. FFS is authorized to make this applicat ion to the FAA on behalf of each applicable airman. The airman must provide a copy of the facsimile from the FAA to FFS within 24 hours of the receipt of that facsimil e.

5. The airman must provide to the POI a copy of the FA A facsimile within 10 days of the initiation of any flight under the exemption.

6. Prior to the initiation of any flight under this ex emption, FFS must provide a copy of this exemption to any airman using the provisions o f this exemption. This may be accomplished during regularly scheduled training or immediately prior to any flight conducted under the exemption.

7. The privileges of this exemption may only be exerci sed when the affected flight is an intrastate operation totally within the State of Al aska. It cannot involve flight through international airspace.

This exemption terminates on July 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/ Bradley D. Pearson Acting Director, Flight Standards Service

Enclosure