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, 3rd 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 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. 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; 
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 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 instrument 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. 
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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 be 
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provided by video, DVD, or equivalent instructional 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