AFS-16-13440-E July 29, 2016

Exemption No. 10580B Regulatory Docket No. FAA-2008-0370

Mr. J. Mark Hansen

Lead Counsel Regulatory Affairs Federal Express Corporation 3620 Hacks Cross Road, Building B, 3 rd Floor Memphis, TN 38125

Dear Mr. Hansen:

This letter is to inform you that we have granted your petition to extend Exemption No. 10580, as amended. It explains the basis for our decision, describes its effect, and lists

the conditions and limitations.

The Basis for Our Decision

By letter dated June 29, 2016, you petitioned the Federal Aviation Administration (FAA) on behalf of Federal Express Corporation (FedEx) for an extension of Exemption No. 10580, as amended. That exemption from § 121.651(b)(2) of Title 14, Code of Federal Regulations (14 CFR) allows FedEx aircraft properly equippe d with an Enhanced Flight Vision System (EFVS) to continue an approach beyond the final approach fix, or to begin the final approach segment of an instrument approach procedure, when the latest weather report for that airport reports the visibility to be less than the visibility minimums prescribed for that procedure.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to FedEx.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10580, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, Federal Express Corporation is granted an extension to the exemption from 14 CFR 121.651(b)(2) that allows FedEx aircraft properly equipped with an EFVS to continue an approach beyond the final approach fix, or to begin the final approach segment of an instrument approach procedure, when the latest weather report for that airport reports the visibility to be less than the visibility minimums prescribed for that procedure, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption is applicable to pilots of FedEx airplanes equipped with an FAAcertified EFVS.

2. This exemption applies only to approaches (except Category (CAT) II and CAT III approaches) conducted using line selectable approaches from the aircraft’s flight management system database that provide vertical and lateral guidance.

3. Prior to conducting an approach beyond the final approach fix or beginning the final approach segment of an instrument approach procedure, the latest weather reports for the airport must indicate that the runway visual range (RVR) for the runway to which the approach will be conducted is at least 1,000 feet (or 1,600 feet if the tower at that airport is closed). If RVR information is not available, the visibility must be at least 1⁄4 sm.

4. The inbound final approach course cannot differ by more than 10 degrees from the actual magnetic alignment of the runway of intended landing.

5. The maximum crosswind component for the landing runway is less than the airplane flight manual’s crosswind limitation, or 15 knots or less, whichever is

more restrictive.

6. Prior to continuing an approach procedure beyond the final approach fix or beginning the final approach segment of an instrument approach procedure using the visibility minimums set forth in this exemption, the pilot in command of the

aircraft must:

a. For initial qualification, complete an approved EFVS training program

that includes:

1. A minimum of 10 hours of actual operational line experience using EFVS; and3

2. The performance of at least six instrument approaches using EFVS in an aircraft in either instrument or visual meteorological conditions.

b. For continuing qualification:

1. Perform and log at least six instrument approaches using EFVS in an aircraft or flight simulator within the 6 calendar months preceding the month of the performance of any approach conducted under the provisions of this exemption; or

2. Successfully complete a pilot proficiency check administered by an examiner or approved pilot check airman or successfully complete an approved EFVS continuing qualification-training module.

7. FedEx must develop and maintain an approved EFVS training program. This training program must include comprehensive instruction to aid pilots in determining visibilities using EFVS and natural vision at or near the landing (100 feet) “break out” phase of the approach. Specific emphasis must be placed on: EFVS theory, the effects of various weather phenomena on determining measured visibility, and the operational aspects and limitations of Heads-up Display (HUDs) and imaging sensors. The training program must also include 4 hours of full flight simulator training to include specialized training in low altitude missed approaches, special departure procedures, and specifically tailored crew briefs on obstacle clearances inside the missed approach point and below decision altitude/dimension height or minimum descent altitude (DA/DH or MDA). Specific training must also be provided in determining required flight visibility (without EFVS) and enhanced visibility (with EFVS). Ground training may be provided by video, DVD, or equivalent instru ctional media. FedEx must also have procedures in place to check that those pilots who have received this training are properly qualified to conduct operations under the provisions of this exemption.

8. FedEx must develop a special section in each aircraft’s approved flight manual that will include specific crew callouts while operating under the provisions of this exemption. These callouts should assist the second in command with situational awareness by mirroring what the pilot in command sees or does not see. All pilots conducting approaches under this exemption must receive training on the use of

these callouts.

9. For operations conducted at foreign airports, both the conditions and limitations of this exemption and the requirements of the local civil aviation authority apply.

10. FedEx must develop an approved monitoring/feedback program that will permit FedEx and the FAA to monitor the conduct of operations conducted under this exemption. At a minimum, the monitoring/feedback program must report the number of approaches flown using this exemption, the reported visibility, and the4

number of missed approaches executed due to the required visual references not being seen at 100 feet above touchdown zone elevation (TDZE). The monitoring/feedback program will have the appropriate program tracking reporting subsystem codes so that data points can be developed and monitored.

11. All approaches conducted under the provisions of this exemption must be performed by the pilot in command of the aircraft.

12. FedEx may not conduct EFVS operations under the provisions of this exemption unless it has been issued Operations Specification C048.

The Effect of Our Decision

Our decision extends the termination date to July 31, 2018, as amended, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo Deputy Director, Flight Standards Service