AFS-11-175-E 

April 22, 2011 

 Exemption No. 5318K 

 Regulatory Docket No. FAA-2001-9348 

Mr. Mike Bianchi 

Director, Technical Operations 

Air Transport Association 

1301 Pennsylvania Avenue, NW., Suite 1100 

Washington, DC 20004-1707 

Dear Mr. Bianchi: 

This letter is to inform you that we have granted your petition to extend Exemption No. 5318, 

as amended. It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated February 11, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Air Transport Association (ATA) for an extension of Exemption No. 5318, as 

amended. That exemption from §§ 47.49 and 91.203 of Title 14, Code of Federal Regulations 

(14 CFR) allows ATA-member airlines to operate certain U.S.-registered aircraft on a 

temporary basis following the incidental loss or mutilation of a certificate of airworthiness, 

aircraft registration certificate, or both. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

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

the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to ATA. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 5318, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 
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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 below. 

Conditions and Limitations 

1. Each ATA-member airline desiring to utilize this exemption must apply for and receive 

from the FAA district office responsible for its air carrier certificate an amendment to 

its operations specifications authorizing it to exercise the privileges of this exemption. 

2. Each ATA-member airline utilizing the provisions of this exemption must develop a 

comprehensive program that provides for continued operation of its aircraft through use 

of an appropriate entry in the aircraft logbook when the airworthiness certificate or 

registration certificate is lost, stolen, or mutilated; ensure that timely application is 

made to the FAA for a replacement certificate; and provide for the temporary operation 

of the aircraft during the interim required to receive a replacement certificate from the 

FAA and install it on the affected aircraft. This program must be FAA-approved, and 

instructions for its use shall be included in the air carrier’s manual as required by 

14 CFR § 121.133. 

3. The comprehensive program specified in paragraph 2 above must contain: 

a. A requirement that the following statement be entered into the appropriate section 

of the aircraft logbook whenever this exemption is to be used: 

“This aircraft is being operated without a certificate of registration (or 

airworthiness, as applicable) under the provisions of Exemption No. for a 

period of 3 working days, not including weekends or Federal holidays, following 

the start of the next business day, beginning: TIME:____ DATE:____ 20__” 

The signature, title, and station location of the person(s) authorized by paragraph 3b 

shall be affixed to this statement; 

b. An identification of the designated person(s) within the air carrier’s maintenance 

organization authorized to enter the statement outlined in paragraph 3a and the 

method or methods wherein the documents required under paragraph 5 below will 

be transmitted to the affected aircraft; 

c. An arrangement whereby those persons within the air carrier’s organization 

responsible for certificates of airworthiness and registration maintain a current 

record of the data from the certificates of each aircraft within its fleet that may be 

affected by the exemption. This data must be made readily available to that element 

within the air carrier’s maintenance organization identified in paragraph 3b and 

must be kept current at all times; 

d. Procedures to ensure that the FAA principal maintenance inspector with 

responsibility for that air carrier is immediately notified of a missing or mutilated 

certificate and that timely application is made to the FAA for a replacement 
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certificate (in the case of an airworthiness certificate) or a duplicate certificate (in 

the case of a registration certificate); and 

e. Procedures that would describe specific duties and responsibilities by job title. 

4. The privileges of this exemption may only be exercised by an ATA-member airline for 

temporary replacement of a missing or mutilated certificate that is current and in effect 

and applies to U.S.-registered aircraft listed in each ATA-member airline’s FAAapproved operations specifications. 

5. A copy of the grant of exemption and a copy of the operations specifications 

authorizing its use must be carried on board the aircraft when exercising the privileges 

of the exemption. 

6. The privileges of the exemption may only be exercised when the affected aircraft is 

operated totally within the contiguous 48 States of the United States and the District of 

Columbia. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 5318, as amended, to 

July 31, 2013, unless sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 5318, as amended, remain the same. This 

letter must be attached to, and is a part of, Exemption No. 5318. 

Sincerely, 

/s/ Raymond Towles 

Acting Director, Flight Standards 

 Service