AFS-12-074-E July 5, 2012

Exemption No. 10580 Regulatory Docket No. FAA-2008-0370

Mr. J. Mark Hansen

Lead Counsel Federal Express Corporation 3620 Hacks Cross Road, Building B, 3 rd Floor Memphis, TN 38125

Dear Mr. Hansen:

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 3, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Federal Express Corporation (FedEx) for an extension of Exemption No. 9984. That exemption from § 121.651(b)(2) of Title 14, Code of Federal Regulations allowed pilots of FedEx aircraft properly equipped with an Enhanced Flight Vision System (EFVS) to continue an approach beyond the final approach fi x, or to begin the final approach segment of an instrument approach procedure, when the latest weather report for that airport reports the visibility to be less than the visibility minimums prescribed for that procedure. That exemption, however, expired on January 31, 2012; therefore, we will treat your request as a new petition.

The FAA has determined that good cause exists for not publishing a summary of your 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 FedEx.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to that requested in Grant of Exemption No. 9984 previously issued to FedEx;2

 the reasons stated by the FAA for granting Exemption No. 9984 also apply to the situation you present; and

 a grant of exemption is in the public interest.

The conditions and limitations specified in this Grant of Exemption are essentially similar to those contained in Exemption No. 9984 previously issued to FedEx. The FAA however, has modified the conditions and limitations issued with this exemption to permit pilots conducting the instrument approaches necessary for initial qualification or for maintaining currency to perform those approaches in either instrume nt or visual meteorological conditions. The conditions and limitations have also been revised to permit a pilot to maintain currency by performing 6 instrument approaches using EFVS within the preceding 6 calendar months or by completing a proficiency check that includes a review of EFVS flight procedures.

The FAA has also included conditions specifying that all approaches conducted under the provisions of this exemption must be performed by the pilot in command of the aircraft and that FedEx may not conduct EFVS operations unless it has been issued Operations Specification C048.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Federal Express Corporation an exemption for 14 CFR § 121.651(b)(2) to the extent necessary to allow pilots of FedEx aircraft properly equipped with an EFVS to continue an approach beyond the final approach fix, or to begin the final approach segment of an instrument approach procedure, when the latest weather report for that airport reports the visibility to be less than the visibility minimums prescribed for that procedure, subject to the revised conditions and limitations listed below.

Conditions and Limitations

1. This exemption is applicable to pilots of FedEx airplanes equipped with an FAAcertified EFVS.

2. This exemption applies only to approaches (except Category (CAT) II and CAT III approaches) conducted using line selectable approaches from the aircraft’s flight management system database that provide vertical and lateral guidance.

3. Prior to conducting an approach beyond the final approach fix or beginning the final approach segment of an instrument approach procedure, the latest weather reports for the airport must indicate that the runway visual range (RVR) for the runway to which the approach will be conducted is at least 1,000 feet (or 1,600 feet if the tower at that airport is closed). If RVR information is not available, the visibility must be at least 1⁄4 sm.3

4. The inbound final approach course cannot differ by more than 10 degrees from the actual magnetic alignment of the runway of intended landing.

5. The maximum crosswind component for the landing runway is less than the airplane flight manual’s crosswind limitation, or 15 knots or less, whichever is

more restrictive.

6. Prior to continuing an approach procedure beyond the final approach fix or beginning the final approach segment of an instrument approach procedure using the visibility minimums set forth in this exemption, the pilot in command of the

aircraft must:

a. For initial qualification, complete an approved EFVS training program

that includes:

1. A minimum of 10 hours of actual operational line experience using EFVS; and

2. The performance of at least six instrument approaches using EFVS in an aircraft in either instrument or visual meteorological conditions.

b. For continuing qualification:

1. Perform and log at least six instrument approaches using EFVS in an aircraft or flight simulator within the 6 calendar months preceding the month of the performance of any approach conducted under the provisions of this exemption; or

2. Successfully complete a pilot proficiency check administered by an examiner or approved pilot check airman or successfully complete an approved EFVS continuing qualification-training module.

7. FedEx must develop and maintain an approved EFVS training program. This training program must include comprehensive instruction to aid pilots in determining visibilities using EFVS and natural vision at or near the landing (100 feet) “break out” phase of the approach. Specific emphasis must be placed on: EFVS theory, the effects of various weather phenomena on determining measured visibility, and the operational aspects and limitations of Heads-up Display (HUDs) and imaging sensors. The training program must also include 4 hours of full flight simulator training to include specialized training in low altitude missed approaches, special departure procedures, and specifically tailored crew briefs on obstacle clearances inside the missed approach point and below decision altitude/dimension height or minimum descent altitude (DA/DH or MDA). Specific training must also be provided in determining required flight visibility (without EFVS) and enhanced visibility (with EFVS). Ground training may be4

provided by video, DVD, or equivalent instru ctional media. FedEx must also have procedures in place to check that those pilots who have received this training are properly qualified to conduct operations under the provisions of this exemption.

8. FedEx must develop a special section in each aircraft’s approved flight manual that will include specific crew callouts while operating under the provisions of this exemption. These callouts should assist the second in command with situational awareness by mirroring what the pilot in command sees or does not see. All pilots conducting approaches under this exemption must receive training on the use of

these callouts.

9. For operations conducted at foreign airports, both the conditions and limitations of this exemption and the requirements of the local civil aviation authority apply.

10. FedEx must develop an approved monitoring/feedback program that will permit FedEx and the FAA to monitor the conduct of operations conducted under this exemption. At a minimum, the monitoring/feedback program must report the number of approaches flown using this exemption, the reported visibility, and the number of missed approaches executed due to the required visual references not being seen at 100 feet above touchdown zone elevation (TDZE). The monitoring/feedback program will have the appropriate program tracking reporting subsystem codes so that data points can be developed and monitored.

11. All approaches conducted under the provisions of this exemption must be performed by the pilot in command of the aircraft.

12. FedEx may not conduct EFVS operations under the provisions of this exemption unless it has been issued Operations Specification C048.

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/S/

John S. Duncan Deputy Director, Flight Standards

Service

Enclosure