AFS-11-430-E 

October 24, 2011 

 Exemption No. 10377 

 Regulatory Docket No. FAA-2011-0892 

Mr. Jeffrey J. Jenkins 

Chief Inspector, Part 135 

PHI, Inc. 

P.O. Box 90808 

Lafayette, LA 70509 

Dear Mr. Jenkins: 

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 August 9, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of PHI, Inc. (PHI), for an exemption from §§ 91.411(b) and 91.413(c) of Title 14, 

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

perform air traffic control (ATC) transponder tests and inspections and altimeter system and 

altimeter reporting equipment tests and inspections for its part 119 aircraft maintained under a 

continuous airworthiness maintenance program (CAMP). The exemption would also allow 

PHI to perform similar tests and inspections on its part 135 aircraft maintained under an 

approved aircraft inspection program (AAIP). 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register. 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. 7770 (copy enclosed), the FAA 
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found the reasons stated by the FAA for granting the enclosed exemption also apply to the 

situation you present. 

In Exemption No. 7770, the FAA acknowledged the regulations from which the petitioner 

sought relief were written well before the FAA envisioned a company operating aircraft under 

part 135 whose part 135 fleet consists of aircraft with 9 or fewer passenger seats and aircraft 

with 10 or more passenger seats. With this type of fleet, the petitioner’s own employees 

maintain its part 135 aircraft with 10 or more passenger seats, but the petitioner is required to 

send its part 135 aircraft with 9 or fewer passenger seats to a part 145 certificated repair 

station for certain maintenance. We found the petitioner’s mechanics to be more familiar 

with the aircraft upon which the required testing would be performed than are the mechanics 

at a part 145 certificated repair station. PHI’s situation is similar in that some of its aircraft 

are maintained under a CAMP while others are maintained under an AAIP. Because PHI 

operates its entire fleet under part 135, it would conduct the tests and inspections required by 

§§ 91.411(b) and 91.413(c) under the more comprehensive maintenance requirements of a 

CAMP, in a manner similar to the relief granted to PenAir in Exemption No. 7770. 

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. 7770; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 7770 

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 §§ 91.411(b) 

and 91.413(c) to the extent necessary to allow PHI to perform ATC transponder tests and 

inspections and altimeter system and altimeter reporting equipment tests and inspections for 

its part 119 aircraft maintained under a CAMP. PHI is also granted relief to perform similar 

tests and inspections on its part 135 aircraft maintained under an AAIP. This exemption is 

subject to the conditions and limitations described below. 

Conditions and Limitations 

1. All ATC transponder tests and inspections and all altimeter reporting equipment 

tests and inspections must be conducted under PHI’s part 119 CAMP. 

2. All tests and inspections must be recorded in the aircraft’s maintenance log by the 

person performing each inspection and test. This entry must identify the person, 

the date, and this exemption number. 
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3. An appropriate record of these tests and inspections also must be kept in PHI’s 

maintenance recording system for part 119 and part 135. 

This exemption terminates on October 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

David C. Gilliom 

Acting Deputy Director, Flight Standards 

 Service 

Enclosure