AFS-11-088-E Feb 11 2011

Exemption No. 10208 Regulatory Docket No. FAA-2010-1254

Mr. Santi Lombardo Vice President, Flight Operations Pinnacle Airlines, Inc. 1689 Nonconnah Blvd., Suite 111 Memphis, TN 38132

Dear Mr. Lombardo:

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 7, 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) to the extent necessary to allow Pinnacle, its certificated dispatchers, and its pilots in command (PIC) to dispatch aircraft to domestic airports without designating an alternate for th e destination airport where 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 will be at least 1,000 feet above the airport elevation and visibility will be at least 3 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. 9570 (copy enclosed), the FAA2

found that the accuracy of weather forecasts and the ability to monitor actual weather conditions have improved from the accuracy available in the 1980s; however, the FAA noted that weather forecasts are still subject to error. The FAA found that American’s proposal to limit the use of the exemption when thunderstorms are forecast was appropriate and required that this restriction be applied any time thunderstorms are forecast in either the main body of

the forecast or the remarks section of the forecast.

The FAA also found that American’s proposal to maintain a system to trend diverted flights and reasons for any diversion was appropriate; however, the FAA would assign the determination of the efficacy of the American system to trend diverted flights to the FAA principal operations inspector (POI) assigned to American. The FAA also asserted that it would closely monitor occurrences such as each diversion to any airport and each declaration of an emergency or minimum fuel status for any American flight operated under the exemption. The FAA would review the data monthly for at least the first 24 months of operation under the exemption to determine the efficacy of continued operations or the possible initiation of a rulemaking project to amend § 121.619.

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

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 9570;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9570 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., an exemption from 14 CFR § 121.619 to the extent necessary to allow Pinnacle, its certificated dispatchers, and its pilots in command (PICs) to dispatch aircraft to domestic airports without designating an alternate for the destination airport where 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 will be at least 1,000 feet above the airport elevation and visibility will be at least 3 statute miles, subject to the conditions and limitations

described below.

Conditions and Limitations

1. Before conducting operations under this exemption, Pinnacle must obtain appropriate amended operations specifications (OpSpecs) that provide for operations under this exemption.

2. Operations under this exemption are limited to only those destination airports in the contiguous United States.3

3. Operations under this exemption are limited to only those airports at which an operable Category (CAT) I instrument landing system (ILS) procedure with published minimums of 200 feet and runway visual range (RVR) 2,000 feet or

lower is available for use if needed.

4. Operations under this exemption apply to the CL-65-2B19 and CL-65-2D24 fleets and all Pinnacle crews qualified on those fleets.

5. Before conducting operations under this exemption, Pinnacle must demonstrate to the satisfaction of the FAA POI assigned to the Memphis Flight Standards District Office (FSDO) that –

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

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 and changes in weather reports, forecasts, and/or other significant weather-related reports and ensures 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 consultation is necessary to ensure safety of operations under this exemption. The presence of an approved Enhanced Weather Information System program satisfies this requirement;4

h. Each Pinnacle dispatcher has the capability to expeditiously recompute 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: “ALTN WEATHER EXEMPTION APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FOM, GOM. etc).” Wording other than the above may be used, but the meaning must be clear to ensure that all involved in dispatching the flight understand which is the appropriate exemption and the specified conditions and limitations that apply.

6. Pinnacle must maintain at least CAT I ILS approach authorization (OpSpec C074) for those aircraft to which this exemption would apply, and each aircraft must have fully operating equipment needed for CAT I ILS approaches for that aircraft to operate under this exemption.

7. At the time of dispatch, the flight crew must be qualified to conduct a CAT I ILS approach to minimums of 200 feet and RVR 2,000 feet or lower if published. 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.

8. 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 Pinnacle cannot use Exemption No. 3585P 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 issued today.

9. Each certificated Pinnacle dispatcher and PIC who conducts operations under this exemption must be provided with a copy of pertinent parts of this exemption. 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 contiguous United States from airports outside those boundaries provided Pinnacle also holds OpSpec A012 and operations are5

conducted in accordance with the appropriate provisions of that OpSpec as they pertain to operations from airports listed in Table I thereof.

11. Pinnacle must provide the Administrator, by the 15 th 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:

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, and serial number, trended or graphical summary of flight planned fuel versus actual arriva l fuel, and contingency fuel must be listed. Report format must 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 document fully 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.

12. Dispatch will not apply this exemption:

a. When any originally or normally scheduled dispatch shift is not filled for any reason including sick calls, personal leave etc.;

b. When the dispatcher is within 6 months of successfully completing his/her initial competence check;

c. On a flight that has Aircraft Co mmunications Addressing and Reporting System (ACARS) deferred. (Reference is made in some material pertaining to6

this exemption that if ACARS is unavailable a radio patch may be used for communication. This is only to allow communications when an ACARS failure has occurred after block out on a flight using this exemption. In no case shall a flight under this exemption be initiated without operable ACARS); or

d. If the Pinnacle systems operating center is experiencing power or computer

outages.

This exemption terminates on February 28, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosure