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 certif icate 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 certif icate presents a unique problem to operators

that use their aircraft in revenue service. The FAA noted that when an aircraft’s airworthiness2

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 cer tificate 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 the3

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.4

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