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 Septem ber 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.2

Our Decision

The FAA has determ ined 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 instrum ent 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.3

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 term ination 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