AFS

- 13

- 291

- E May 30, 2013

Exemption No. 3585 S Regulatory Docket No. FAA

- 2001

- 9379

Mr. Paul W. Railsback Director of Operations

Airlines for America 1301 Pennsylvania Ave nue , NW

., Suite 1100 Washington, DC 20004

Dear Mr. Railsback :

This letter is to inform you that we have granted your petition to extend Exemption

No. 3585 , as amended . It explains the basis for our decision

, describes its effect , and lists the

conditions and limitati ons

.

The Basis for Our Decision

By letter dated March 19, 2013 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Airlines for America, Inc. (A 4 A), for an extension of Exemption No. 3585 , as amended . That exemption from § § 121.613, 12 1.619(a), and 121.625 of Title 14, Code of Federal Regulations allows A 4 A

- member airlines and other similarly situated part 121 operators to continue to dispatch airplanes under instrument flight rules when conditional language in a one

- time increment of t he 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 autho rized weather minimums.

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 exis ts for not publishing a summary of the petition

in the Federal Register because the reque sted extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to A4 A.2

Our Decision

The FAA has modified and supplemented the conditions and limitations of Exemption

No. 3585 to better define the intent. Please note that the conditions and limitations included with an exemption are not based on specific regulations but are the FAA’s means of ensuring an equival ent level of safety. This may necessitate limitations that go beyond the established regulations due to the fact that the proposed operation is, by its need for an exemption, outside the normal regulatory structure.

In Condition No. 1 (c), a n ote was adde d to clarify the appropriate use of RNAV instrument approach procedures in determining alternates minimums covered by the exemption.

In Condition No. 2

, the text “ unless considering the fuel planning requirements in §121.647”

was added to outline the a dditional regulatory fuel planning requirements in addition to the

ones listed in Condtion No. 2 for clarity.

C ondition No. 5. has been removed as the term BECMG is no longer used by the National Weather Service (NWS), and the condition no longer applie s.

“ 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 p eriod of the TAF. ”

The FAA has determined that the justification for the issuance of Exemption No. 3585 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, whic h the FAA Administrator has delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Each certificate holder must list one additional alternate airport in the dispatch

release whenever the Aviation Routine Weather Report ( 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 t ime 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 th at 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 condi tions must not
be less than one

- half of the lowest weather minimum visibility value3

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 foreca st weather conditions must

not be less than one

- half of the alternate weather minimum ceiling and visibility values specified in the certificate holder's operations specifications for that airport; and

c. With respect to the second alternate airport listed i n 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 the certificate holder's operations specifications for that airport.

Note: The use of area navigation ( RNAV ) instrument approach procedures in

determinin g minimums is limited to destination airport or alternate(s). The operator can not base the dispatch on RNAV only approaches at both the destination and alternate airports.

2. No person may dispatch or take off an airplane when operating under the terms of this exemption unless the airplane has enough fuel (considering the fuel planning requirements in §121.647)

—

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. Each certificate holder's pilot in command, while en route, must ensure by way of air

to groun d communication with the certificate holder'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 use d when making a decision to proceed to an alternate airport for landing.4

4. Before commencing operations in accordance with this exemption, each certificate holder must obtain the approval of the appropriate FAA certificate

- holding district

office. Each ce rtificate holder 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.

T he Effect of Our Decision

Our decision extends the termination da te of Exemption No. 3585 , as amended, to May 31, 201 5

, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service