BEFORE THE

FEDERAL AVIATION ADMINISTRATION\
WASHINGTON D.C.

Docket FAA-2004-19323

PETITION OF DELTA AIR LINES, INC.

To Extend Exemption 8575

November 22, 2007

Gentlemen:

Delta Air Lines, Inc., Operating Certificate DALA026A, petitions the
administrator for an effective date extension of Exemption No. 8575B to
January 1, 2010. This extension will allow Delta Air Lines and Delta Air
Lines employed Pilots and Dispatchers continuation of relief from
§121.619(a)(1) and (2) to conduct domestic operations utilizing a
different methodology to determine the need for naming a destination
alternate airport. This method credits Delta's ability to conduct a low
minimum landing program and the advancements in Delta's ability to
forecast and monitor weather. This exemption lowers the ceiling and
visibility from 2000 feet and 3 statute miles to 1000 feet and 2 statute
miles for minimum weather forecast or other appropriate reports to not
require the naming of a destination alternate. This is contingent upon
the availability of a destination Category II approach, no forecast
convective activity and certain flight monitoring capabilities.

A. [Introduction]{.underline}

Delta Air Lines received exemption authority June 27, 2005 to conduct
domestic operations utilizing a different methodology to determine the
need for naming a destination alternate airport under Exemption No.
8575. This exemption was extended to January 1, 2008 under the issuance
of exemption 8575B. The reason for Delta Air Line's request was, and
continues to be, to take credit for the advances in low minimum landing
programs and the advancements in Delta's flight following capability.

Delta seeks to renew this exemption with no modifications or additional
requests.

B. [Sections of the FARs Affected]{.underline}

> Section 121.619, Alternate Airport for destination: IFR Over-the-Top:
> Domestic Operations, states:

(a) No person may dispatch an airplane under IFR or over-the-top unless
    he lists at least one alternate airport for each destination airport
    in the dispatch release. When the weather conditions forecast for
    the destination and first alternate airport are marginal at least
    one additional alternate must be designated. However, no alternate
    airport is required if for at least 1 hour before and 1 hour after
    the estimated time of arrival at the destination airport the
    appropriate weather reports or forecasts, or any combination of
    them, indicate --

> \(1\) The ceiling will be at least 2,000 feet above the airport
> elevation; and
>
> \(2\) Visibility will be at least 3 miles.
>
> C. [Justification]{.underline}
>
> As of this writing, Delta has utilized this exemption on 14,497
> flights. Of these flights none required special air traffic handling,
> none declared minimum or emergency fuel. In total we have diverted
> nine flights operated under this exemption, one due to air traffic
> delays (weather not a factor), two for airborne maintenance issues,
> and six for unforecast destination weather. Of the weather diverts,
> none of the airports went below landing minimums but air traffic
> arrival rates were generating air traffic delays and rather then land
> with fuel approaching minimums we elected to divert the flights early.
> The graphic flight following tools and tracking capabilities performed
> exactly as we describe in our original exemption request.
>
> The all weather aircraft capability, additional training of the
> flightcrews, improved weather forecasting and advances in weather
> monitoring capability continues to prove to be an enhancement to
> operations. In Delta's original petition we discussed the weather
> related diversion rates for all flights. At that time the weather
> related diversions was approximately 0.087% of total flights operated
> per year. Since Delta began to utilize this exemption (28 months) the
> total divert percent for all domestic flights operated is 0.19% and
> weather related domestic flight divert percent is 0.12%. The current
> total diversion rate of flights dispatched under exemption 8575
> remains at 0.06% (total 9 diverts of 14,497 flights). We have reviewed
> our data for 28 month and there are no adverse trends. The data
> remains very positive with respect to the viability of this exemption.
>
> D. [No Adverse Effect on Public Safety]{.underline}
>
> As discussed earlier, the all weather aircraft capability, additional
> training of the flightcrews, improved weather forecasting and advances
> in weather monitoring capability has proven to be an enhancement to
> safety. Our ability to proactively monitor and affect operational
> control provides the public with a system well above basic federal
> aviation rule compliance. We propose to retain all current conditions
> and limitation of the current exemption: The following is a summary of
> these requirements:

1.  Exemption only applies to airports within the contiguous United
    States.

2.  Operation must use a qualified Dispatcher.

3.  Each dispatcher must have a system to display the actual location of
    each flight and current, significant weather.

4.  The dispatch facility must have a system to automatically alert the
    dispatcher to a change in forecast or a special weather update.

5.  The air carrier must have at least Category II approach
    authorization (Operations Specifications C059) for those fleets to
    which this exemption would apply.

6.  The intended destination airport must have at least one operational
    CAT II approach.

7.  The exemption can not be used if thunderstorms are forecast in the
    weather report between one hour before to one hour after the
    estimated time of arrival.

8.  Delta must maintain a system to trend diverts and reason for the
    divert.

> [E. Public Interest]{.underline}
>
> In Delta's original request the following was stated with respect to
> public interest:

-   The current rule does not require a minimum margin between approach
    capability at the destination airfield and the FAR weather
    requirements. Based on the requirement to have at least one
    operational Category II approach, Delta's proposal will always
    maintain at least 900 foot ceiling and 1 ¾ statute mile visibility
    margin when determining the need for a destination alternate.

-   Fuel consumption will decrease because fewer flights will require an
    alternate to be named for the destination airport. This will also
    result in a weight savings that should provide more available
    payload for public use without additional aircraft.

-   All Delta pilots will maintain additional training to safely operate
    and use the advanced navigation equipment installed in the aircraft.
    This includes both enroute and terminal operations.

-   All Delta dispatchers will continue to have access to sophisticated
    tools beyond those required by regulation for releasing and
    following a flight.

> Each of these still hold true today. Delta has also seen situations at
> weight restricted airports/runways where we have not had to plan a
> fuel stop. This is because the weight used to account for alternate
> airport fuel could now be reallocated for planned and contingency
> fuel. This improves operational reliability and passenger seat
> availability.
>
> [F. Request for Expedited Handling]{.underline}
>
> In accordance with FAR Part 11, Delta suggests that good cause exists
> for an exemption to Federal Register publication and comment
> procedures. Delta basis for this request is we are seeking no changes
> to the current exemption and the exemption has been in use for 28
> months with no significant issues or concerns. Additionally, the
> exemption has been serving in the public interest as Delta originally
> stated.
>
> [G. Conclusion]{.underline}
>
> In the last several years, there have been numerous changes in both
> procedures and technology for weather forecasting, aircraft approach
> capability, flightcrew training, and flight following. For the past 28
> months Delta has been safely applying this exemption. Data collection
> and analysis is supporting our original analysis. No adverse trends
> have been detected. In consideration of the current stable application
> and performance of this exemption, Delta maintains that is it prudent
> for the FAA to extend the effective date of this exemption to FAR
> §121.619.
>
> [H. Summary]{.underline}.
>
> [Petition to Extend Exemption No. 8575]{.underline}.
>
> Delta Air Lines, Inc., Operating Certificate DALA026A, petitions the
> administrator for an effective date extension of Exemption No. 8575A
> to October 31, 2008. This extension will allow Delta Air Lines and
> Delta Air Lines employed Pilots and Dispatchers continuation of relief
> from §121.619(a)(1) and (2) to conduct domestic operations utilizing a
> different methodology to determine the need for naming a destination
> alternate airport. This method credits Delta's ability to conduct a
> low minimum landing program and the advancements in Delta's ability to
> forecast and monitor weather. This exemption lowers the ceiling and
> visibility from 2000 feet and 3 statute miles to 1000 feet and 2
> statute miles for minimum weather forecast or other appropriate
> reports to not require the naming of a destination alternate. This is
> contingent upon the availability of a destination Category II
> approach, no forecast convective activity and certain flight
> monitoring capabilities.

If we can provide additional information or be of any other assistance,
please contact Charles M. Schramek, System Manager - Quality Assurance
and Compliance (404-715-1112). We appreciate your consideration of this
petition.

Sincerely,

//S//

Stephen M. Dickson

Senior Vice President and Chief Pilot

SMD:CMS

cc: Mr. David Gaumer

> Principal Operations Inspector
>
> Federal Aviation Administration
>
> Delta Certificate Management Office, CMO‑27