AFS-15-194-E

June 25, 2015

 Exemption No. 11921

 Regulatory Docket No. FAA-2012-0747

Mr. Michael Doerge

Chief Pilot

Western Airways, Inc.

200 Jim Davidson Drive

Sugar Land, TX 77478

Dear Mr. Doerge:

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 November 25, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Western Airways, Inc. (Western Airways) for an extension of Exemption 

No. 10731. That exemption from §§ 61.3(a) and (c) and 91.203(a) and (b) of Title 14, Code of 

Federal Regulations (14 CFR) allows Western Airways to continue operating its aircraft with 

a company-provided facsimile of pilot and medical certificates to its pilot crewmembers and 

following incidental loss or mutilation of an aircraft’s airworthiness or registration certificate. 

Although you requested an extension of Exemption No.10731 (copy enclosed), that 

exemption expired on March 31, 2015. Therefore, we will treat your request as a new petition.

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 Western Airways.

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. 10731 (copy enclosed), the FAA 
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found that the loss of aircraft registration and/or airworthiness certificates presents a unique 

problem to those operators using their aircraft in air carrier operations. The FAA concluded 

that an equivalent level of safety could be met by the petitioner’s use of temporary substitute 

documentation, issued under an approved program containing suitable controls and 

safeguards.

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 No. 10731;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 

10731 also apply to the situation you present; and 

 a grant of exemption is in the public interest.

Our Decision

The FAA has made updates to the previous conditions and limitations of Exemption No. 

10731 to clarify our original intent, to refine our requirements, and for standardization with 

similar exemptions. While the relief does not change substantially, all users of this exemption 

should thoroughly review the revised conditions and limitations of this new exemption.

In addition, and while not specifically requested, the FAA notes the relief from § 61.3(a) 

includes relief from the requirement for a required flight crewmember to have photo 

identification that is in that person's physical possession or readily accessible in the aircraft 

when exercising the privileges of their pilot certificate. This additional relief is consistent with 

relief granted in similar petitions and is reflected in the updated conditions and limitations.

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 Western Airways, Inc. an exemption from 

14 CFR § 91.203 to the extent necessary to allow Western Airways to temporarily operate 

certain U.S.-registered aircraft without the airworthiness certificate or certificate of aircraft 

registration, or both, onboard the aircraft. Further, I grant Western Airways, Inc. an exemption 

from 14 CFR §§ 61.3(a) and (c) to the extent necessary to allow continued operation of its 

aircraft with a company-provided facsimile of pilot and medical certificates to its pilot 

crewmembers, and establish special procedures that enable it to issue to its flight 

crewmembers, on a temporary basis, confirmation of any required crewmember certificate or 

photo identification based on information contained in Western Airway’s approved record 

system. This exemption is subject to the conditions and limitations described below.

Conditions and Limitations 

1. This exemption is issued for the purpose of preventing cancellation of air carrier 

flights in situations where:
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a. A pilot flight crewmember’s FAA airman certificate, FAA medical certificate, 

and/or photo identification are valid but physically unavailable; or, 

b. An aircraft’s airworthiness certificate, and/or aircraft’s registration certificate 

are valid, but physically unavailable.

Relief from §§ 61.3(a) and (c)

2. The privileges of this exemption are intended for situations where pilots have no 

access to airman services at the faa.gov website for receiving via fax or internet 

download FAA-issued documents containing temporary authority to exercise 

certificate privileges.

3. This exemption allows Western Airways to develop and issue to a pilot flight 

crewmember a document confirming his/her FAA-issued pilot and medical 

certification. The document issued by Western Airways must be in the pilot flight 

crewmember’s physical possession when exercising the privileges of the 

exemption and must 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 exemption; and

c. The Western Airways confirmation document must include the following 

statements:

i. “Issued under the authority of Exemption No. 11921.”

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

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

within the District of Columbia and the 48 contiguous United States, or 

is an intrastate operation that does not involve flight through 

international airspace.”

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.” 

4. Before conducting operations under this exemption, Western Airways must receive 

approval from its FAA principal operations inspector (POI) for the procedures 

Western Airways intends to employ in issuing a confirmation document to pilot 

flight crewmembers who do not have in their personal possession the required pilot 

and/or medical certificate or photo identification. These procedures must include a 
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method to ensure positive identification of the pilot flight crewmember when the 

pilot no longer has photo identification. 

5. Each pilot flight crewmember 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 crewmemember’s FAA pilot and medical certificate are 

permanently lost or destroyed, the pilot flight crewmember must comply with 

the requirements of § 61.29 and ensure a request for a replacement certificate 

from the FAA is made within 72 hours of the initiation of any flight conducted 

under this exemption. Western Airways is authorized to make this application 

to the FAA on behalf of the pilot flight crewmember; and

c. Provide a copy of FAA-issued documents containing temporary authority to 

exercise certificate privileges to Western Airways within 24 hours of receipt of 

that document.

Relief from §§ 91.203(a) and (b)

6. Western Airways must apply for and receive approval from its FAA principal 

operations inspector (POI) for an amendment to its operations specifications 

authorizing it to exercise the privileges of this exemption.

7. The privileges of this exemption may be exercised by Western Airways only for 

temporary replacement of a missing or mutilated airworthiness or registration 

certificate that is current and in effect and applies only to U.S-registered aircraft 

listed in Western Airways’ operations specifications.

8. For replacement of an aircraft’s airworthiness certificate and registration 

certificate, Western Airways must develop a comprehensive program that ensures:

a. An appropriate entry in the aircraft logbook for continued operation of its 

aircraft when the airworthiness certificate or registration certificate is lost, 

stolen, or mutilated; 

b. Timely application is made to the FAA for a replacement certificate; and 

c. A replacement certificate from the FAA is installed on the affected aircraft.

This program must be FAA-approved, and instructions for its use shall be included 

in Western Airways’ air carrier manual as required by 14 CFR § 135.21.

9. The program specified in Condition/Limitation No. 8(a) must contain:
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a. A requirement that the following statement be entered into the appropriate 

section of the aircraft logbook whenever this exemption is to be utilized:

“This aircraft is being operated without a certificate of [registration, 

airworthiness] under the provisions of Exemption No. 11921 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 

Condition No. 9(b) below must be affixed to this statement.

b. Identification of the designated person(s) by name, including job titles and 

responsibilities within Western Airways’ maintenance organization authorized 

to enter the statement outlined in Condition/Limitation No. 9(a) and the 

method or methods wherein the documents required under 

Condition/Limitation No. 9 will be transmitted to the affected aircraft;

c. An arrangement whereby those persons within the organization responsible for 

Western Airways’ certificates of registration and airworthiness will maintain a 

current record of the data from the certificates of each aircraft within its fleet 

which may be affected by this exemption. This data must be made readily 

available to those persons identified in Condition/Limitation No. 9(b) and must 

be kept current at all times;

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

responsibility for Western Airways would be immediately notified 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 a 

duplicate certificate (in the case of a registration certificate).

10. A copy of this exemption and a copy of the operations specifications authorizing 

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

exemption.

11. The privileges of the exemption may only be exercised when the affected flight is 

operated totally within the contiguous 48 States of the United States, including the 

District of Columbia. 
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service

Enclosure

Exemption No. 10731