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 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. 

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 FAA 
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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. 
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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; 
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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 are 
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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 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: 

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 arrival 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 Communications Addressing and Reporting 

System (ACARS) deferred. (Reference is made in some material pertaining to 
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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