AFS-13-006-E 

January 17, 2013 

 Exemption No. 5549K 

 Regulatory Docket No. FAA-2000-8434 

Mr. Paul W. Railsback 

Air Transport Association of America 

1301 Pennsylvania Ave., NW. 

Suite 110 

Washington, D.C. 20004 

Dear Mr. Railsback: 

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 28, 2012, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Air Transport Association (ATA) dba 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 

ATAA member airline, and of any 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 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. 
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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. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the following conditions 

and limitations. 

Conditions and Limitations 

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

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

meet the following general requirements. 

a. The certificate holder's training and qualification program must be amended to 

include the following: 

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

approach scenarios using the applicable airborne system and 

appropriate training devices or simulators for those scenarios. 

ii. Specific approval by the certificate holder's principal operations 

inspector to use this exemption for each aircraft type. 

iii. Certificate holders whose PIC’s do not meet the 300 hour PIC 

requirement in turbo jet airplanes to conduct Category II operations in 

accordance with approved operations specifications C049(d) may 

conduct Category II operations of this exemption provided he or she 

has accumulated 300 hours as pilot in a turbojet airplane. 

b. Each operator using this exemption must establish a "crew pairing" policy that 

requires as a minimum for the type airplane being used that either the PIC or 

second-in-command (SIC) has at least 75 hours of line operating flight time as 

either the PIC or SIC in the appropriate seat. Time spent observing does not 

satisfy this requirement. 

2. Category I, specific. New PICs 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 are met: 

a. The PIC and other applicable flight crewmembers 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 operator when the certificate holder's approved training program 

incorporates the use of an approach coupler or a head-up display (HUD) 

system that provides flight guidance information to decision height. 
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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. 

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

when the weather conditions are below 4,000 RVR (3/4 mile visibility) and the 

cross-wind component exceeds 15 knots combined with a braking action report 

of less than "good." 

3. Category II. New PICs may be authorized to use the lowest applicable Category II 

instrument approach minimums for a particular runway and instrument approach 

procedure if each of the following conditions are met: 

a. The PIC and other applicable flight crewmembers are trained, qualified and 

use Category II or III instrument approach procedures as appropriate. 

b. The aircraft and associated airborne systems must be approved for Category III 

for that operator, or for Category II for that operator using an approach coupler 

and autoland system or HUD which provides flight guidance information to 

landing. 

c. 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, 2015, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service