AFS-11-352-E 

July 15, 2011 

 Exemption No. 10313 

 Regulatory Docket No. FAA-2003-15806 

Mr. Pat Hulsey 

Director of Operations 

Ameristar Air Cargo, Inc. 

P.O. Box 700548 

Dallas, TX 75370-0548 

Dear Mr. Hulsey: 

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 June 14, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Ameristar Air Cargo, Inc. (Ameristar), for an extension of Exemption No. 8127, as 

amended. That exemption from §§ 91.203(a) and (b) and 121.153(a)(1) of Title 14, Code of 

Federal Regulations (14 CFR) allowed Ameristar to operate its U.S.-registered aircraft in 

domestic operations temporarily following the incidental loss or mutilation of that aircraft’s 

airworthiness certificates or registration certificate or both. Please note that your previous 

exemption has expired; therefore, we will treat your request as a new petition with a new 

exemption number. 

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Ameristar. 

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. 5318, as amended, and 

Exemption No. 8100 (copies enclosed), the FAA recognized that the loss of an aircraft’s 

airworthiness certificate and/or registration certificate presents a unique problem to operators 

that use their aircraft in revenue service. The FAA noted that when an aircraft’s airworthiness 
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certificate and/or registration certificate is missing or mutilated, it renders the aircraft 

unusable, sometimes resulting in a substantial inconvenience to the public. 

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 Nos. 5318 and 8100; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 5318 

and 8100 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 Ameristar Air Cargo, Inc., an exemption from 

14 CFR §§ 91.203(a) and (b) and 121.153(a)(1) to the extent necessary to operate its U.S.-

registered aircraft in domestic operations temporarily following the incidental loss or 

mutilation of that aircraft’s airworthiness certificate or registration certificate or both, subject 

to the conditions and limitations described below. 

Conditions and Limitations 

1. Before operating under this exemption, Ameristar 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. Before operating under this exemption, Ameristar must develop a comprehensive 

program that provides for continued operation of the aircraft logbook when the 

airworthiness certificate and/or registration certificate for such aircraft is lost, stolen, 

or mutilated; ensure that timely application is made to the FAA for the 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 

must be included in Ameristar’s manual required by § 121.133. 

3. The comprehensive program specified in condition No. 2 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 an airworthiness certificate (or 

registration certificate, as applicable) under the provisions of Exemption 

No.____) for a period of 48 hours beginning: 

TIME: ___________ DATE: ________ 20__” ; 

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

condition must be affixed to the above statement. An identification of the 
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designated person or persons within Ameristar’s maintenance organization 

authorized to enter the statement outlined in condition No. 3a and the method, 

or methods, wherein the documents required under condition No. 5 will be 

transmitted to the affected aircraft; 

c. An arrangement whereby those persons within Ameristar’s organization 

responsible for airworthiness certificates and registration certificates will 

maintain a current record of the data from the certificates of each aircraft 

within its fleet that may be affected by this exemption. The data must be made 

readily available to that element within Ameristar’s maintenance organization 

identified in condition No. 3b and must be kept current at all times; 

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

responsibility for Ameristar is notified immediately of a missing or mutilated 

certificate and that timely application is made to the FAA for a replacement 

certificate (in the case of an airworthiness certificate) or duplicate certificate 

(in the case of a registration certificate); and 

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

4. Ameristar may exercise the privileges of this exemption only for temporary 

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

to only the U.S.-registered aircraft listed in Ameristar’s FAA-approved operations 

specifications. 

5. When Ameristar exercises the privileges of this exemption, a copy of this exemption 

and a copy of the operations specifications authorizing its use must be carried onboard 

the aircraft. 
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6. Under this exemption, Ameristar must operate the affected aircraft totally within the 

contiguous 48 States of the United States and the District of Columbia. 

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

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosures