Don Osmundson Southern Air Inc. 7310 Turfway Rd. Suite 400 Florence, KY 41042 U.S. Department ofTransportation Docket Operations West Building Ground Floor Room W12-140, 1200 NewJersey 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 underthe conditions stipulated inExemptionNo. 5549L. This exemption would grantthe same reliefgranted to other similarly situated airlines viaExemptionNo. 5549. II. Sections oftheFARAffected: SAlis requesting an exemption from 

### §121.652 (a) and (c). Section 121.652 states, inpertinentpart, that: (a) Ifthe pilot in command ofan airplane has not served 100 hours as pilot in command in operations under this part in the type ofairplane he is operating, the MDA orDA/DH and visibility landing minimums inthe certificate holder's operations specification for regular, provisional, or refueling airports are increased by 100 feet and one-halfmile (or the RVR equivalent). The MDA orDA/DH and visibility minimums need not be increased above those applicable to the airport when used as an alternate airport, butin 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 subjectto paragraph (a) ofthis section meets the requirements ofthat paragraph inthe type ofairplane he is operating.

7310 Turfway Rd. Suite 400 • Florence, Kentucky 41042 • USA • Phone: +1.859·568.9200 • Fax: +1.859·495.0690 www.southernair.comIll.ReliefRequested: Southern Air, Inc. (SAl) requests reliefinthe form ofan exemption from §121.652 (a) and (c) to the extent necessary to allow new SAlpilots-in-command (PICs), who have not yet accumulated 100 hours (50, ifreducible by landings) in their current aircraft type and are therefore subjectto higher landing weather minimum requirements for decision height (DA/DH) and visibilityto operate to the normal, lower Category I and Category II minimums under the conditions stipulated inthe current exemption. This reliefas requested should be applicable to Domestic and International, CFR 121 supplemental operations. SAl requests the same operational relief grantedto ATA and numerous air carriers through exemption 5549. Justification: In lieu oftherequirements ofSection 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 ofthis exemption, SAl will meet the following general requirements.

a. SAl'straining and qualificationprogram currently include and will continue to include, lowvisibility 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 inspectorto use this exemption for each aircraft type.

c. SAl will continue to comply with current crewpairing regulation 121.438 (b) which states in part, "No person may conduct operations under this partunless, for that type airplane, eitherthe pilot in command orthe second in command has at least 75 hours ofline 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 ifeach ofthe 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. 5549b. The aircraft and associated airborne systems are eligible for Category I or II as long as SAl's approved training program incorporates the use ofan approach coupler or a HUD system thatprovides flight guidance informationto decisionheight;

c. The approach coupler or HUD system is used for the approach to decision height or until initiation ofa missed approach; d. The flight crewmust use appropriate instrument approachprocedures for Category II or III, orequivalent instrument approachprocedures acceptable to the Administrator;

e. Category I instrument approach procedures or landings will notbe initiated whenthe 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 ofless 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 Specificationsparagraph C059 ifeach ofthe following conditions is met:

a. The PIC has at least 300 hours as PIC or second incommand (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 orHUD, whichprovides flight guidance information to decision height; d. That approach coupler and autoland system orHUD is used for the instrument approachprocedure and landing or until initiation ofa missed approach. Justification ofLimitations: 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 ofairplane 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 ofexperience considered by the FAA as an acceptable standard for assuring safe management ofan airplane by a new PIC.

3 Southern Air Inc. Petition for Exemption No. 5549Since those early days ofthejet, the situation has changed dramatically for most air carriers and for SAl inparticular: 1. Fewpilots now make the transition from PIC ofair carrierreciprocating engine aircraft directly to PIC ofan air carrier turbojet-powered aircraft. All SAl pilots now make the transition from PIC ofone turbojet powered aircrafttype to another, orfrom the SIC position ofa specific aircrafttype to the PIC position inthat aircraft. 2. The distinctionbetweenflight characteristics, airborne systems, and procedures, for different classes ofaircraft as defined by "powerplant" type is becoming less clear. Powerplanttype is no longerthe critical factor incategorizing certain differences. The aircraft operatedby SAltoday are all turbojetpowered and have glass cockpits. 3. The experience profile ofSAlpilots is significantly higherthan most air carriers. 4. SAltrains all pilots in simulators that are capable ofreplicating lowvisibility environments for all types ofapproaches. 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 atthat momentthatthey have completedtraining. 6. SAlprovides simulator training in autoland performance viathe FAA approved training programthat is requiredto qualify pilots in Category II and III autoland procedures. 7. The suggestedreliefhas been granted to other carriers inthe pastwithout an increased safety risk. IV.No Adverse Effect on Safety: SAl crewmembers are experienced airmenthathave been trained in advanced simulators conducting Category IIII andIII operations as part ofthe curriculum. SAl aircraft are equipped with flight directors, advanced autopilots and autoland systems. Utilizing the requestedrelief early inline operations will allowthe newPIC to utilize his training and apply the procedures at a time he is mostproficient, havingjustcompleted the training. The flight crewis likely to be familiar with and betterpreparedto fly the ILS approach (CAT I orII) atthe destination airport. An approachto Category I orII minimums is considered to be routine and has been demonstrated successfully many times throughoutthe pilots training. However, diverting to an alternate airport when unable to proceedto the destination airport because ofweather 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 limitedby 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 onthe on-time commitmentto 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 ofsupplies, 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 reliefthere is less likelihoodthat an aircraft will be required to proceed to an alternate and therefore, fuel consumption is reduced lowering carbon emissions inthe USA and abroad.



### VI.Waiver ofPublic Notice: Publication ofnotice ofthis petition in the Federal Register would cause unnecessary delayto the petitioner. The reliefrequested in this petition (ExemptionNo.5549L) has already been granted to several similarly situatedpart 121 carriers. When reviewing the petition for the extension ofExemptionNo. 5549 the FAA determinedthat good cause existed for not publishing a summary ofthe petition inthe 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 bythe industry organization A4A and other similarly situated part 121 certificate holders. 

### VII. Use 

### ofExemption No. 5549 outside oftheUnited States: SAl is requesting thatthe carrier be allowed to operate underthe above exemption outside ofthe 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 ofthe art airport could require a diversion to an airport oflesser capability in mainland China or any one ofthe third world countries inthatpart ofAsia. The ability to conduct an approach and landing using familiar facilities and procedures is a muchbetter 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 Whenthe FAA initially granted relieffrom §121.652 (a) and (c) via exemption 5549 to the Air TransportationAssociation and its represented air carriers, the FAAhad hoped this would encourage operators to evolve their equipment and procedures to increase safety through airborne systems and training. SAl now operates some ofthe 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. 5549Again, the reliefgranted through this request is not precedent setting. Therefore, based onthe information contained in this letter, Southern Air requests that an exemptionto the requirements of§121.652 (a) and (c) be granted atthe earliest possible date. SUMMARY Southern Air, Inc. (Q2SA131J) petitions the Administrator for an exemptionto allow SAlpilotsin-command (PICs) who have not yet accumulated 100 hours (50, ifreducible 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 reliefas requested should be applicable to Domestic and International, CFR 121 supplemental operations. SAl requests the same operational reliefgranted to AT A andnumerous air carriers through exemption 5549. Please advise us ifthere is any further information you need for your review ofthis 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