AFS-10-146-E 

Jun 23 2010 

 Exemption No. 10084 

 Regulatory Docket No. FAA-2010-0098 

Mr. Michael Garvin, Jr. 

VP, Flight Operations 

Pinnacle Airlines, Inc. 

1689 Nonconnah Boulevard, Suite 111 

Memphis, TN 38132 

Dear Mr. Garvin: 

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 January 27, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Pinnacle Airlines, Inc. (Pinnacle), for an exemption from § 121.619 of Title 14, 

Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Pinnacle, its 

certificated dispatchers, and its pilots in command (PIC) to dispatch flights to domestic 

airports at which for at least 1 hour before and 1 hour after the estimated time of arrival at the 

destination airport the appropriate weather reports or forecasts, or any combination of them, 

indicate the ceiling may be reduced from at least 2,000 feet to 1,000 feet above the airport 

elevation and visibility may be reduced from at least 3 statute miles to 2 statute miles. 

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 Pinnacle. 

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. 8655 (copy enclosed), the FAA 

found that the accuracy of weather forecasts and the ability to monitor the actual weather 
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conditions have improved from the accuracy that was available in 1980. However, the FAA 

also found the weather forecasts are, on occasion, inaccurate compared to the actual weather. 

The FAA found that subject to certain conditions and limitations, an exemption would 

provide a level of safety that is equivalent to that provided by the rule. Under the exemption, 

the FAA will closely monitor such things as each diversion to any airport and each assignment 

of air traffic control priority. 

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 Pinnacle Airlines, Inc., Pinnacle’s certificated dispatchers, 

and Pinnacle’s PICs an exemption from 14 CFR § 121.619 to the extent necessary to dispatch 

flights to domestic airports at which for at least 1 hour before and 1 hour after the estimated 

time of arrival at the destination airport the appropriate weather reports or forecasts, or any 

combination of them, indicate the ceiling may be reduced from at least 2,000 feet to 1,000 feet 

above the airport elevation and visibility may be reduced from at least 3 statute miles to 

2 statute miles, subject to the conditions and limitations described below. 

Conditions and Limitations 

1. Before conducting operations under this exemption, Pinnacle must obtain amended 

operations specifications that provide for operations under this exemption. 

2. Operations under this exemption are limited to only those destination airports in the 48 

contiguous States and the District of Columbia. 

3. Operations under this exemption are limited to only those airports at which an operable 

Category (CAT) II instrument landing system (ILS) is available for use. 

4. Before conducting operations under this exemption, Pinnacle must demonstrate to its 

assigned FAA principal operations inspector’s (POI) satisfaction that: 

a. Each Pinnacle dispatcher has a system available to display the location of each 

flight within 3 minutes of real time; 

b. Each Pinnacle dispatch facility has a system that provides its dispatchers with 

overlays of weather returns updated at least once every 5 minutes; 
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c. Each Pinnacle dispatch facility has a system that provides its dispatchers with a 

display of the specific aircraft routing as assigned by air traffic control (ATC) 

and actual filed flight plan routing; 

d. Each Pinnacle dispatcher has a system available to display locations of other 

airborne aircraft including aircraft of other operators; 

e. Each Pinnacle dispatch facility has a system available that provides its 

dispatchers with a display of planned and actual fuel at regular intervals along 

the route and the difference between planned and actual fuel; 

f. Each Pinnacle dispatch facility has a system available that automatically alerts 

its dispatchers to special weather updates, changes in weather reports, forecasts 

and/or other significant weather-related reports, and ensures that these can be 

relayed to flightcrews in an expeditious manner; 

g. Each Pinnacle dispatcher is provided the capability to access the services of a 

qualified meteorologist approved by the POI whenever the dispatcher believes 

that consultation is necessary to ensure safety of operations under this 

exemption. The presence of an approved Enhanced Weather Information 

System satisfies this requirement; 

h. Each Pinnacle dispatcher must have the capability to expeditiously re-compute 

projected arrival fuel from a “point aloft” to the intended destination in the 

event conditions occur that negatively impact the flight; and 

i. The dispatch release will contain a statement for each flight dispatched under 

this exemption such as “ALTERNATE WEATHER EXEMPTION XXXX 

APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FOM, 

GOM, etc).” The certificate holder may choose to use other wording, if desired, 

but the meaning must be clear. 

5. Pinnacle must maintain at least CAT II approach authorization, Operations 

Specifications (OpSpec) C059, for those fleets to which this exemption applies, and 

each aircraft must have fully operating equipment needed for CAT II ILS approaches 

for that aircraft to operate under this exemption. 

6. At the time of dispatch, the flightcrew must be qualified to conduct at least a CAT II 

approach. PICs with less than the requisite minimum hours specified in § 121.652 

cannot be used in operations under this exemption unless the operator also holds 

Exemption No. 5549, the PIC has been trained in accordance with the requirements of 

that exemption, and all of the conditions specified by Exemption No. 5549 are met. 

7. Operations are not permitted under this exemption at any airport at which 

thunderstorms are reported or forecast from 1 hour before through 1 hour after the 

estimated arrival time if such reports or forecasts are in either or both the main body or 

the remarks section of the weather report or the weather forecast. Furthermore, 
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Pinnacle cannot use Exemption No. 3585 (as amended) issued to Air Transport 

Association of America, Inc., members (including Pinnacle) or any subsequent 

exemption granting similar relief regarding any kind of forecast of thunderstorms at 

the destination airport in conjunction with any operation conducted under this 

exemption. 

8. Each certificated Pinnacle dispatcher and PIC, who conducts operations under this 

exemption, must be provided with a copy of pertinent parts of this exemption. 

9. Operations under this exemption are permitted by Pinnacle dispatchers and Pinnacle 

PICs but are not required. 

10. Use of this exemption in operations to destinations outside the contiguous United 

States is prohibited. Pinnacle is authorized to use this exemption in operations to 

airports within the 48 contiguous States and the District of Columbia from airports 

outside those boundaries provided Pinnacle also holds OpSpec A012 and operations 

are conducted in accordance with the appropriate provisions of that OpSpec as they 

pertain to operations from airports listed in Table I thereof. 

11. Pinnacle dispatchers will not apply this exemption when any of the following 

conditions exist: 

a. During periods of uncovered dispatch shifts (i.e., due to sick calls, etc.); 

b. When the dispatcher is within 6 months of successfully completing 

his/her initial competence check; 

c. When doing so will cause the dispatcher to follow more than two flights 

released under this exemption; 

d. The aircraft is to be dispatched with the Aircraft Communications 

Addressing and Reporting System (ACARS) inoperative; and 

e. When the dispatcher is flight following more than five flights in addition 

to the flight dispatched using this exemption. 

12. Pinnacle must provide the Administrator, by the 15th day of each month, reports that 

include the information listed below, during the preceding calendar month. The POI is 

authorized to delete this reporting requirement once Pinnacle has conducted operations 

under this exemption satisfactorily for at least 24 continuous calendar months and 

sufficient data to thoroughly evaluate operational performance have been obtained. 

Reports must contain the following information: 
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a. The total number of flights operated by Pinnacle under domestic rules to 

destinations within the 48 contiguous States and the District of Columbia; 

b. The total number of flights operated under this exemption, including those 

flights conducted under the appropriate provisions and limitations of 

OpSpec A012. For each flight operated, the dates, airport pairs, flight 

numbers, aircraft make/model/serial number, trended or graphical summary 

of flight planned fuel vs. actual arrival fuel, and contingency fuel must be 

listed. Report format shall be in chronological order by fleet type; 

c. The total number of flights that divert to an alternate airport; 

d. The total number of flights that divert to an alternate airport that are 

operated under this exemption, and the reason for each diversion, such as 

weather conditions, mechanical problem, fuel quantity, passenger problem, 

air traffic, crewmember, or any other reason. Pinnacle must fully document 

each diversion; and 

e. The total number of Pinnacle flights, operated under this exemption, that 

declare an emergency and the reason for such declaration, or during which 

flight a low fuel state occurs that results in actions being taken by ATC 

and/or dispatch to provide priority handling, even if no emergency is 

declared. 

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

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service 

Enclosure