AFS-16-14162-E 

January 23, 2017 

 Exemption No. 5549N 

 Regulatory Docket No. FAA-2000-8434 

Mr. Jeff Miller 

Managing Director, Flight Operations 

Airlines for America 

1275 Pennsylvania Avenue, NW., Suite 1300 

Washington, D.C. 20004 

Dear Mr. Miller: 

This letter is to inform you that we have granted your petition to extend Exemption No. 5549, 

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

and limitations. 

The Basis for Our Decision 

By letter dated September 19, 2016, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Airlines for America (A4A) for an extension of Exemption No. 5549, as 

amended. That exemption from § 121.652(a) and (c) of Title 14, Code of Federal Regulations 

(14 CFR) allows a new pilot in command (PIC) of any A4A member airline, and of any other 

similarly situated part 121 certificate holder, who is subject to higher landing weather 

minimum requirements to operate to the normal, lower Category I and Category II minimums 

under the conditions stipulated. 

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 made changes to condition and limitation #4 to clarify the PIC experience required 

for turbojet or turbopropeller airplane operations. 
 2 

As a separate issue, when A4A previously petitioned for this exemption, the FAA granted 

relief to the petitioner’s member airlines, as well as to all other “similarly situated” certificate 

holders, which included any air carrier operating under the provisions of part 121 (Exemption 

No. 5549). However, in an effort to manage exemptions granted by the FAA and to facilitate 

operator compliance with the conditions and limitations of a grant of exemption, the FAA is 

no longer including “similarly situated certificate holders” in grants of exemption. 

In order for any certificate holder that is not a member or associate member of A4A to 

exercise the relief provided by this grant of exemption, the certificate holder must submit a 

petition for similar relief that references Exemption No. 5549N. After analysis of the petition, 

if appropriate, the FAA will amend Attachment 1 to Exemption No. 5549 to include the 

additional certificate holder. A certificate holder may only exercise the relief provided by this 

grant of exemption when it is listed in Attachment 1 to Exemption No. 5549, as amended. 

In its September 19, 2016 petition, A4A provided a list of members and associate members to 

which relief would apply. Since Air Canada is a part 129 air carrier, the FAA finds that the 

exemption does not apply and has not included Air Canada in the list of certificate holders 

covered. 

The FAA highlights that the Regional Airline Association’s part 121 members have been 

granted a separate exemption to allow a new pilot in command (PIC), who is subject to higher 

landing weather minimum requirements to operate to the normal, lower Category I and 

Category II minimums under the conditions stipulated (Exemption No.17203). Exemption 

No. 17203 applies to Regional Airline Association part 121 members only. 

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 A4A member 

airlines. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 5549, as 

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

Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the 

FAA Administrator has delegated to me, Airlines for America (A4A) is granted an extension 

to Exemption No. 5549 for 14 CFR § 121.652(a) and (c) to the extent it allows a new PIC of 

an air carrier, who is subject to higher landing weather minimum requirements to operate to 

the normal, lower Category I and Category II minimums under the conditions stipulated, 

subject to the following conditions and limitations. 

Conditions and Limitations 

1. Each certificate holder listed in Attachment 1 must comply with § 121.438 and must 

carry a copy of this exemption on each flight operating under this exemption. 
 3 

2. General. To use either Category I or Category II instrument approach procedure 

weather minimums under any provisions of this exemption, a certificate holder must 

ensure that its flightcrew training and qualification program meets the following 

general requirements— 

a. Suitable low visibility instrument approach, landing, and missed approach 

scenarios are included in flight training using the applicable airborne system 

and appropriate flight simulation training devices for those scenarios; and 

b. Specific approval by the certificate holder's principal operations inspector to 

use this exemption for each aircraft type. 

3. Category I, specific. A pilot in command (PIC) with fewer than 100 hours as PIC in 

the airplane being operated may be authorized to use the lowest applicable Category I 

instrument approach minimums for a particular runway and instrument approach 

procedure if each of the following conditions is met— 

a. The PIC and other required flightcrew members are trained and qualified for 

Category II or Category III, or are trained to an equivalent level with respect to 

the airborne system use, ground facility use, associated procedures, and any 

other relevant topics; 

b. The aircraft and associated airborne systems are eligible for Category I or II 

for that certificate holder when the certificate holder's approved training 

program incorporates the use of an approach coupler or a heads-up display 

(HUD) system that provides flight guidance information to decision height; 

c. The approach coupler or HUD system is used for the approach to decision 

height or until initiation of a missed approach; 

d. The flight crew must use appropriate instrument approach procedures for 

Category II or III, or equivalent instrument approach procedures acceptable to 

the Administrator; and 

e. Category I instrument approach procedures or landings will not be initiated 

when the weather conditions are below 4,000 runway visual range (RVR) 

(3/4 mile visibility) and the cross-wind component exceeds 15 knots combined 

with a braking action report of less than "good." 

4. Category II, specific. A PIC with fewer than 100 hours as PIC in the airplane being 

operated may conduct Category II operations in accordance with authorized 

Operations Specifications if each of the following conditions is met — 

a. For turbojet airplane operations, the PIC has at least 300 hours as PIC or 

second in command in a turbojet airplane; 

b. For turbopropeller airplane operations, the PIC has at least 300 hours as PIC or 

second in command in a turbopropeller airplane. 
 4 

c. The PIC and other required flightcrew members are trained and qualified in 

Category II or III instrument approach procedures, and use those procedures 

appropriately; 

d. The airplane and associated airborne systems are approved for Category III for 

the certificate holder or for Category II for the certificate holder using an 

approach coupler and an autoland system or HUD which provides flight 

guidance information to decision height; and 

e. That approach coupler and autoland system or HUD is used for the instrument 

approach procedure and landing or until initiation of a missed approach. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 5549, as amended, to 

January 31, 2019, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Deputy Director, Flight Standards Service 
 5 

Attachment 1 

The relief provided by Exemption No. 5549N is limited to the certificate holders listed 

below1

: 

Airlines for America 

Alaska Airlines, Inc. 

American Airlines, Inc. and/or US Airways, Inc. 

Atlas Air, Inc. 

Federal Express Corporation 

Hawaiian Airlines, Inc. 

JetBlue Airways Corporation 

Southwest Airlines Co. 

United Airlines, Inc 

United Parcel Service Co. 

Additional Certificate Holders2

Air Transport International, Inc. 

Delta Air Lines, Inc. 

Frontier Airlines, Inc. 

MN Airlines, LLC (DBA Sun Country Airlines) 

Spirit Airlines, Inc. 

 

1 Attachment amended December 13, 2016. 2 Additional certificate holders petitioned for exemption through the following FAA Docket Numbers: Air 

Transport International Inc. FAA-2016-9085, Delta Air Lines, Inc. FAA-2016-8237, Frontier Airlines, Inc. 

FAA-2016-9441, MN Airlines, LLC (DBA Sun Country Airlines) FAA-2016-9136, and Spirit Airlines, Inc. 

FAA-2016-9440.