Don Osmundson 

Southern Air Inc. 

7310 Turfway Rd. 

Suite 400 

Florence, KY 41042 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor 

Room W12-140, 

1200 New Jersey Ave. SE 

Washington, DC 20590 

RE: Exemption Petition 121.652(a) and (c) 

Ladies and Gentlemen: 

I. Introduction 

Southern Air Inc. (Q2SA131J) is a part 121 Supplemental all cargo air carrier operating B777F, 

8747-400, and B737-400 to domestic and international destinations. Customers include DHL 

Express, the United States Military (CRAF) and contract customers worldwide. 

In accordance with Federal Aviation Regulations (FAR) 11.83, Southern Air, Inc. (SAl) hereby 

petitions the Administrator for an exemption from Section 121.652 (a) and (c) to the extent 

necessary to allow new SAl pilots-in-command (PICs) who are subject to higher landing weather 

minimum requirements to operate to the normal, lower Category I and Category II minimums 

under the conditions stipulated in Exemption No. 5549L. This exemption would grant the same 

relief granted to other similarly situated airlines via Exemption No. 5549. 

II. Sections of the FAR Affected: 

SAl is requesting an exemption from § 121.652 (a) and (c). 

Section 121.652 states, in pertinent part, that: 

(a) If the pilot in command of an airplane has not served 100 hours as pilot in command in 

operations under this part in the type of airplane he is operating, the MDA or DA/DH and 

visibility landing minimums in the certificate holder's operations specification for regular, 

provisional, or refueling airports are increased by 100 feet and one-half mile (or the RVR 

equivalent). The MDA or DA/DH and visibility minimums need not be increased above 

those applicable to the airport when used as an alternate airport, but in no event may the 

landing minimums be less than 300 and 1. 

(c) Category II minimums and the sliding scale when authorized in the certificate holder's 

operations specifications do not apply until the pilot in command subject to paragraph (a) 

of this section meets the requirements of that paragraph in the type of airplane he is 

operating. 

7310 Turfway Rd. Suite 400 • Florence, Kentucky 41042 • USA • Phone: +1.859·568.9200 • Fax: +1.859·495.0690 

www.southernair.com 
Ill. Relief Requested: 

Southern Air, Inc. (SAl) requests relief in the form of an exemption from § 121.652 (a) and (c) to 

the extent necessary to allow new SAl pilots-in-command (PICs), who have not yet accumulated 

100 hours (50, if reducible by landings) in their current aircraft type and are therefore subject to 

higher landing weather minimum requirements for decision height (DA/DH) and visibility to 

operate to the normal, lower Category I and Category II minimums under the conditions 

stipulated in the current exemption. This relief as requested should be applicable to Domestic 

and International, CFR 121 supplemental operations. SAl requests the same operational relief 

granted to ATA and numerous air carriers through exemption 5549. 

Justification: 

In lieu ofthe requirements of Section 121.652(a) and (c) SAl proposes the following 

limitations: 

1. To use Either Category I or Category II instrument approach procedure weather 

minimums under any provisions of this exemption, SAl will meet the following general 

requirements. 

a. SAl's training and qualification program currently include and will continue to 

include, low visibility instrument approach, landing, and missed approach scenarios 

using the applicable airborne system and appropriate training devices or simulators 

for those scenarios. 

b. SAl will be required specific approval by the SAl principal operations inspector to 

use this exemption for each aircraft type. 

c. SAl will continue to comply with current crew pairing regulation 121.438 (b) which 

states in part, "No person may conduct operations under this part unless, for that type 

airplane, either the pilot in command or the second in command has at least 75 hours 

of line operating flight time, either as pilot in command or second in command. 

2. For Category I, specific operations a PIC with fewer than 100 hours as PIC in the 

airplane being operated 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; 

2 

Southern Air Inc. 

Petition for Exemption No. 5549 
b. The aircraft and associated airborne systems are eligible for Category I or II as long 

as SAl's approved training program incorporates the use of an approach coupler or a 

HUD system that provides flight guidance information to decision height; 

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. For Category II, specific operations a PIC with fewer than 100 hours as PIC in the 

airplane being operated may conduct Category II operation in accordance with 

Operations Specifications paragraph C059 if each of the following conditions is met: 

a. The PIC has at least 300 hours as PIC or second in command (SIC) in a turbojet 

airplane; 

b. The PIC and other required flight crewmembers are trained and qualified in Category 

II or III instrument approach procedures, and use those procedures appropriately; 

c. The aircraft and associated airborne systems are approved for Category III for the 

certificate holder or for Category II for the certificate holder using an approach 

coupler and an autoland system or HUD, which provides flight guidance information 

to decision height; 

d. That approach coupler and autoland system or HUD is used for the instrument 

approach procedure and landing or until initiation of a missed approach. 

Justification of Limitations: 

The regulation requiring an increase in the landing minimums for all pilots in command who 

had not served 100 hours as PIC in air carrier operations in a particular type of airplane was 

issued in 1961. It should be noted that during this era captains were transitioning from 

reciprocating engine powered aircraft to turbojet powered aircraft with flight directors and 

advanced autopilot systems. To insure safety during this transition, regulation established a 

minimum level of experience considered by the FAA as an acceptable standard for assuring 

safe management of an airplane by a new PIC. 

3 

Southern Air Inc. 

Petition for Exemption No. 5549 
Since those early days of the jet, the situation has changed dramatically for most air carriers 

and for SAl in particular: 

1. Few pilots now make the transition from PIC of air carrier reciprocating engine 

aircraft directly to PIC of an air carrier turbojet-powered aircraft. All SAl pilots now 

make the transition from PIC of one turbojet powered aircraft type to another, or from 

the SIC position of a specific aircraft type to the PIC position in that aircraft. 

2. The distinction between flight characteristics, airborne systems, and procedures, for 

different classes of aircraft as defined by "powerplant" type is becoming less clear. 

Powerplant type is no longer the critical factor in categorizing certain differences. 

The aircraft operated by SAl today are all turbojet powered and have glass cockpits. 

3. The experience profile of SAl pilots is significantly higher than most air carriers. 

4. SAl trains all pilots in simulators that are capable of replicating low visibility 

environments for all types of approaches. 

5. SAl's standard operating procedures which include CRM, continue to make low 

visibility procedures among the least difficult maneuvers that the pilots are required 

to perform, especially at that moment that they have completed training. 

6. SAl provides simulator training in auto land performance via the FAA approved 

training program that is required to qualify pilots in Category II and III autoland 

procedures. 

7. The suggested reliefhas been granted to other carriers in the past without an 

increased safety risk. 

IV. No Adverse Effect on Safety: 

SAl crewmembers are experienced airmen that have been trained in advanced simulators 

conducting Category IIII and III operations as part of the curriculum. SAl aircraft are equipped 

with flight directors, advanced autopilots and autoland systems. Utilizing the requested relief 

early in line operations will allow the new PIC to utilize his training and apply the procedures at 

a time he is most proficient, having just completed the training. 

The flight crew is likely to be familiar with and better prepared to fly the ILS approach (CAT I 

or II) at the destination airport. An approach to Category I or II minimums is considered to be 

routine and has been demonstrated successfully many times throughout the pilots training. 

However, diverting to an alternate airport when unable to proceed to the destination airport 

because of weather is not a routine occurrence in airline operations adding both stress and 

unfamiliarity to the newly qualified PIC's routine. Diverting to an alternate airport is less safe 

than continuing the approach at the destination limited by the conditions suggested above. 

4 

Southern Air Inc. 

Petition for Exemption No. 5549 
V. Public Interest 

Granting this request is in the public interest because schedules will be more reliably maintained. 

This reliability is essential to express package customers who rely on the on-time commitment to 

feed inventories for production and sales feeding commerce. In addition to the express package 

network, the Southern Air cargo customer which includes the United States Military, is highly 

reliant on the on-time delivery of supplies, ammunition, foodstuffs, machinery and animals. In 

some cases the goods are needed for survival and in all cases for continued operations. Granting 

this exemption will benefit both the general public and SAL 

Further, with this relief there is less likelihood that an aircraft will be required to proceed to an 

alternate and therefore, fuel consumption is reduced lowering carbon emissions in the USA and 

abroad. 

VI. Waiver of Public Notice: 

Publication of notice of this petition in the Federal Register would cause unnecessary delay to 

the petitioner. The relief requested in this petition (Exemption No.5549L) has already been 

granted to several similarly situated part 121 carriers. When reviewing the petition for the 

extension of Exemption No. 5549 the FAA determined that good cause existed for not publishing 

a summary of the petition in the Federal Register because this amendment to would not set a 

precedent and any delay in issuing this amendment would be detrimental to the airlines 

represented by the industry organization A4A and other similarly situated part 121 certificate 

holders. 

VII. Use of Exemption No. 5549 outside ofthe United States: 

SAl is requesting that the carrier be allowed to operate under the above exemption outside of the 

United States. All ofthe above arguments for improved safety when operating under Exemption 

No. 5549 domestically are compounded when operating into foreign countries. A flight to Hong 

Kong with its state of the art airport could require a diversion to an airport of lesser capability in 

mainland China or any one of the third world countries in that part of Asia. The ability to 

conduct an approach and landing using familiar facilities and procedures is a much better option 

than proceeding to an alternate adding time and stress to what is normally a long flight. Typical 

long haul flights at SAl include Cincinnati, OH to Bahrain or Los Angeles to Leipzig, Germany. 

VIII. Conclusion 

When the FAA initially granted relief from §121.652 (a) and (c) via exemption 5549 to the Air 

Transportation Association and its represented air carriers, the FAA had hoped this would 

encourage operators to evolve their equipment and procedures to increase safety through 

airborne systems and training. SAl now operates some of the most sophisticated modem 

equipment available and trains its pilots in advanced simulator equipment using the most up to 

date procedures. 

5 

Southern Air Inc. 

Petition for Exemption No. 5549 
Again, the relief granted through this request is not precedent setting. Therefore, based on the 

information contained in this letter, Southern Air requests that an exemption to the requirements 

of §121.652 (a) and (c) be granted at the earliest possible date. 

SUMMARY 

Southern Air, Inc. (Q2SA131J) petitions the Administrator for an exemption to allow SAl pilotsin-command (PICs) who have not yet accumulated 100 hours (50, if reducible by landings) in 

their current aircraft type and are therefore subject to higher landing weather minimum 

requirements for decision height (DA/DH) and visibility, to operate to the normal, lower 

Category I and Category II minimums under the conditions stipulated in the current exemption. 

This relief as requested should be applicable to Domestic and International, CFR 121 

supplemental operations. SAl requests the same operational relief granted to AT A and numerous 

air carriers through exemption 5549. 

Please advise us if there is any further information you need for your review of this petition. 

Thank you for your consideration. 

smundson 

Vice President/Director, Flight Operations 

Southern Air Inc. 

P: 859-568-9195 M: 561-613-5843 

dosmundson@southernair.com 

6 

Southern Air Inc. 

Petition for Exemption No. 5549