AFS

- 15

- 2993

- E August 12, 2015

Exemption No. 11475 A Regulatory Docket No. FAA

- 2015

- 0348

Paul A. Per k ins, Jr.

Chief Pilot
PHI, Inc.

P.O. Box 90808 Lafayette, LA 70509

Dear Mr. Perkins :

Th is letter is to inform you that the Federal Aviation Administration (FAA) ha s amended Exemption No. 11475. 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

T he FAA issued Exemption No. 11475 on April 29, 2015 to PHI, Inc. ( PHI ) . That exemption

from § § 61

. 3(a)(1) and (c)(1) of Title 14, Code of Federal Regulations (14 CFR) allow s PHI

to issue company

- provided facsimiles of pilot and me dical ce rtificates to its pilot crewmembers when those certificates are lost, destroyed, or misplaced

.

In E xemption No. 11475 , the FAA cited an earlier grant of exemption regarding operations

outside the United States. The FAA asserted that under section 1, chap ter 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.

In drafting Exemption No. 11475, however, the FAA was not clear in it s description of the prohibition against international operations. In this amendment, we are clarifying Co ndition

and Limitation No. 2 to indicate that the privileges of this exemption may be exercised only for flights within the District of Columbia, the 48 contiguous United States, its territories, and

the states of Alaska and Hawaii. This exemption is not v alid for operations in airspace outside

of the Uni ted States, or in an intrastate operation that involve s flight through international airspace

.

All other conditions and limitations issued with Exemption No. 11475 remain the same.2

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 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 facsim iles of pilot and medical certificates to its pilot crewmembers when those certificates are lost, destroyed, or misplaced , subj ect to the conditions and limitations

described below.

Conditions and Limitations

1. The privileges of this exemption are intende d for situations where pilots have no access to airman services at the faa.gov website to receive via fax or internet

download FAA

- issued documents that contain temporary authority to e xercise certificate privileges.

2. This exemption allows PHI to develo p and issue to a pilot flight crewmember a document confirming his/her FAA

- issued pilot and medical certification. The document issued by PHI must be in the pilot flight crewmember’s physical possession when exercising the privileges of the exemption and m ust contain the following information:

a. The pilot flight crewmember’s certification information from his/her pilot

and medical certificates.

b. The exact text or a photocopy of this exem ption.

c. The PHI confirmation document must include the followin g statements:

i. “Issued under the authority of Exemption No. 11475 ;”

ii. “Expires [insert date/time 72 hours after issuance];”

iii. “The privileges of this exemption may be exercised only for flights

within the Dis trict of Columbia, the 48 contiguous United States, its territories, and the states of Alaska and Hawai i

. This exemption is not valid for operations in airspace outside of the United States, or in an intrastate operation that involves flight through

intern ational airspace ” and,

iv. “The privileges of this exemption may only be exercised for scheduled or unscheduled air carrier flights. The privileges of this exemption may not be exercised for operations under part 91, or part 91 subpart K ”

.

3. Before conduct ing operations under this exemption, PHI must receive approval from its FAA principal operations inspector (POI) for the procedures PHI intends to employ in issuing a confirmation document to pilot flight crewmembers that do3

not have in their personal poss ession the required pilot and medical certificate s and photo identification. These procedures must include a method to ensure positive identification of the pilot flight crewmember when the pilot no longer has photo

identification.

4. Each pilot flight c rewmember who operates a flight under this exemption must:

a. As soon as practicable, obtain from airman services at the faa.gov website a document containing temporary authority to exercise certificate privileges;

b. If the pilot flight crewmember’s FA A pilot and medical certificate are permanently lost or destroyed, the pilot flight crewmember must comply

with the requirements of § 61.29(c) and ensure that a request for a replacement certificate from the FAA 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; and

c. The pilot flight crewmember must provide a copy of an FAA

– issued

document that contain s temporary authority to exercise certificate privileges to PHI within 24 hours of the receipt of that document.

The termination date for this exemption remains April 30, 2017 , unless sooner superseded or

rescinded.

Sincerely,

//s// John Barbagallo Deputy Director, Flight Standards Service