AFS-10-124-E March 26, 2010 Exemption No. 10041 Regulatory Docket No. FAA-2009-1239

Mr. Robert E. Zeng Director of Flight Operations

Omni Air International

3303 North Sheridan Rd. Tulsa, OK 74115

Dear Mr. Zeng:

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 December 15, 2009, you petitioned the Federal Aviation Administration (FAA) on behalf of Omni Air International (Omni) for an exemption from §§ 121.613, 121.619(a), and 121.625 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to dispatch airplanes under instrument flight rules when conditional language in a one-time increment of the weather forecast states that the weather at the destination, alternate airport, or both airports could be below the authorized weather minimums when other time

increments of the weather forecast state the weather conditions will be at or above the

authorized weather minimums.

The FAA has determined that good cause exists for not publishing a summary of the 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 Omni.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 3585 (copy enclosed), the FAA found that Air Transport Association of Amer ica, Inc. (ATA)-member airlines and other similarly situated part 121 operators could continue to dispatch airplanes under instrument2

flight rules when conditional language in a one-time increment of the weather forecast states that the weather at the destination, alternate airport, or both airports could be below the

authorized weather minimums when other time increments of the weather forecast state the

weather conditions will be at or above the authorized weather minimums.

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

• they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

• the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

• a grant of exemption is in the public interest.

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 Omni Air International an exemption from 14 CFR §§ 121.613, 121.619(a), and 121.625 to the extent necessary to dispatch airplanes under instrument flight rules when conditional language in a one-time increment of the weather

forecast states that the weather at the destinati on, alternate airport, or both airports could be

below the authorized weather minimums when other time increments of the weather forecast state the weather conditions will be at or above the authorized weather minimums, subject to

the conditions and limits described below.

Conditions and Limitations

1. Omni must list one additional alternate airport in the dispatch release whenever the METAR, Terminal Aerodome Forecast (TAF), or any combination thereof for the destination airport or first alternate airport indicate, by the use of conditional words in the remarks section of such METAR or in one or more time increments of the TAF, that the forecast weather conditions for the destination and the first alternate airport could be less than the authorized weather minimums for those airports. However, the METAR

or TAF must indicate in another time increment that the weather conditions for the destination, first alternate, and second alternate airports are forecast to be not less than the applicable authorized weather minimum values as follows:

(a) With respect to the destination airport, the forecast weather conditions must not be less than one-half of the lowest weather minimum visibility value established for the instrument approach procedure expected to be used for an instrument approach at the destination;

(b) With respect to the first alternate airport, the forecast weather conditions must not be less than one-half of the alternate weather minimum ceiling and visibility values specified in Omni’s operations specifications for that airport; and3

(c) With respect to the second alternate airport listed in the dispatch release pursuant to this exemption, the METAR, the appropriate time increment of the TAF, or any combination thereof for that airport must indicate in the main body and remarks section of the METAR or TAF that the forecast weather conditions will be at or above the alternate airport weather minimum ceiling and visibility values specified in Omni’s operations specifications for that airport.

2. No person may dispatch or take off an airplane, when operating under the terms of this exemption, unless the airplane has enough fuel:

(a) To fly to the airport to which it is dispatched;

(b) Thereafter, to fly to and land at the most distant alternate airport for the airport to which it is dispatched, taking into consideration the anticipated air traffic control routing; and

(c) Thereafter, to fly for 45 minutes at normal cruising fuel consumption.

3. Omni’s pilot in command, while en route, must ensure by way of air-to-ground communication with Omni’s dispatch center and other appropriate facilities, that the pilot is receiving the most current METAR and TAF for the destination airport and the alternate airports. This current weather information must be used when making a decision to proceed to an alternate airport for landing.

4. Before commencing operations in accordance with this exemption, Omni must obtain the approval of the appropriate FAA certificate-holding district office. Omni must ensure that the conditions and limitations listed herein are included in its approved manual(s) for the use and guidance of its flight and ground operations personnel.

5. Each BECMG change indicator in the TAF that is "deteriorating" must be considered valid at the first minute of the becoming period. Each BECMG change indicator in the TAF that is "improving" will not be valid until the last minute of the becoming period of the TAF.

This exemption terminates on March 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure