AFS-13-291-E

May 30, 2013

 Exemption No. 3585S

 Regulatory Docket No. FAA-2001-9379

Mr. Paul W. Railsback

Director of Operations

Airlines for America

1301 Pennsylvania Avenue, 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 limitations.

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. (A4A), for an extension of Exemption No. 3585, as 

amended. That exemption from §§ 121.613, 121.619(a), and 121.625 of Title 14, Code of 

Federal Regulations allows A4A-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 the 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 authorized 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 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 A4A.
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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 equivalent 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 note was added 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 additional regulatory fuel planning requirements in addition to the 

ones listed in Condtion No. 2 for clarity. 

Condition No. 5. has been removed as the term BECMG is no longer used by the National 

Weather Service (NWS), and the condition no longer applies. 

“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 period 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, which 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 time 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 that 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 conditions must not 

be less than one-half of the lowest weather minimum visibility value 
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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 forecast 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 in 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 

determining 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 airto ground 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 used when making a decision to proceed to an alternate airport for landing.
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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 certificate 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.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 3585, as amended, to 

May 31, 2015, unless sooner superseded or rescinded. 

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards

 Service