AFS

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- E Exemption No. 12629 Regulatory Docket No. FAA

- 20 15

- 2033

Mr. J. Mark Hansen

Lead Counsel

– Regulatory Affairs Federal Express Corporation 3620 Hacks Cross Road, Bui lding B, 3 rd Floor Memphis, TN 38125

Dear Mr. Hansen :

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 May 28, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Federal Express Corporation (FedEx ) for an exemption from § 121.619 of Title 14, Code of Federal Regulations ( 14 CFR) to the extent necessary to allow FedEx

, its certified dispatchers, and its pilots in command (PIC) to dispatch flights to domestic airports at which,

for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airpo rt, the appropriate weather reports or forecasts, or any combination of them, indicate the ceiling may be reduced from at least 2,000 feet to 1,000 feet above the airport elevation, and visibility may be reduced from at least 3 statute miles to 2 statute m iles for airports utilizing Category (CAT) I authorizations or the visibility will be at least 2 statute miles for airports utilizing CAT II or CAT III authorizations

.

The FAA has determined that good cause exists for not publishing a summary of the petit ion

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 FedEx

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to

tho se presented in your petition. In Grant of Exemption No. 8658 E (copy enclosed), that2

exemption was combined with Operation Specification (Op Spec) C355 ( Exemption to § 121.619 for Domestic Destination Alternate Airport Requirements), therefore making OpSpe c C355 no longer required once the conditions of Exemption No. 8658E were implemented

.

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

o f Exemption No. 8658E ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8658E 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. §§ 106(f)

, 40113 and 44701
, which the FAA

Administrator has delegated to me, Federal Express Corporation is granted an exemption from

14 CFR § 121.619 to the extent necessary to allow FedEx, its certified dispatchers, and its pilots in command (PIC) to dispatch flights to domestic airports at which, 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 thereof , indicate the ceiling may be redu ced from at least 2,000 feet to 1,000 feet above the airport elevation, and visibility may be reduced

from at least 3 statute miles to 2 statute miles for airports utilizing Category (CAT) I authorizations or the visibility will be at least 2 statute miles for airports utilizing CAT II or

CAT III authorizations , subj ect to the conditions and limitations described below.

Conditions and Limitations

1. Before conducting operations under this exemption, FedEx must obtain an updated operations specification A005 (Exemptions and Deviations) that provides for operations under this exemption.

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

3. Operations conducted under this exemption must use a current and qualified aircraft dispatcher.

4. Operations under this exemption are limited to only those airports at which an operable instrument landing system (ILS) procedure is published. Alternate minimums are predicated on the following table:3

Table 1

- Alternate M inimums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required

Category I 1,000 feet above ground level (AGL) 3 statute miles

Category II 1,000 feet AGL 2 statute miles

Category III 1,000 feet AGL 2 statute miles

5. Before c onducting operations under this exemption, FedEx must demonstrate to the satisfaction of the FAA principal operations inspector (POI) assigned to the FedEx Certificate Management Office that:

a. Each FedEx dispatcher has a system available to display the loca tion of each flight within 3 minutes of real time;

b. Each FedEx dispatch facility has a system that provides its dispatchers with overlays of weather returns updated at least once every 5 minutes;

c. Each FedEx dispatch facility has a system that provides its d ispatchers with a display of the specific aircraft routing as assigned by air traffic control (ATC) and actual filed flight plan routing;

d. Each FedEx dispatcher must have the capability to expeditiously recompute projected arrival fuel from a “point aloft” to the intended destination in the event conditions, including those required to be reported in Condition Number 8, occur th at negatively impact the flight;

e. Each FedEx dispatcher must have data available that will show aircraft status, including the aircraft capability to conduct CAT I, CAT II or CAT III operations as applica ble to the exemption being used;

f. Each FedEx dispatcher has a system available to display locations of other airborne aircraft including aircraft of other operators;

g. Each FedEx di spatch 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;

h. Each FedEx dispatch facility has a system available that automatically alerts its dispatchers to special weather updates, changes in weather reports, forecasts4

and/or other significant weather

- related reports, and ensures that these can be relayed to flightcrews in an expeditious manner;

i. Each FedEx dispatcher i s provided the capability to access the services of a qualified meteorologist approved by the POI whenever the dispatcher believes that consultation is necessary to ensure safety of operations under this exemption. The presence of an approved Enhanced Wea ther Information System program satisfies this requirement; and

j. Each dispatch release issued in accordance with this exemption will contain a

statement such as “ALTERNATE WEATHER EXEMPTION APPLIED REFERENCE (APPROPRIATE DOCUMENT SUCH AS FLIGHT

OPERATIONS M ANUAL, GENERAL OPERATONS MANUAL, ETC.).” The certificate holder may choose to use other wording, if desired, but the meaning must be clear.

6. The reporting requirements of the flightcrews listed in Condition No. 8, Mandatory Pilot Reports, and the required dispatch flight planning and tracking systems in Condition No. 5 must be used to determine the feasibility of dispatching the flight under this exemption and/or continuing the flight after dispatch.

7. Approved Procedures. If the use of these systems, report s or the occurrence of other factors indicate that the conditions under which the flight was originally dispatched have changed and may negatively impact the flight, the dispatcher and flightcrew must

re

- evaluate the continued operation of the fl ight using approved procedures, and if necessary, agree on an alternate plan as soon as possible after the occurrence of any of the following:

a. En route holding or delaying vectors, airspeed changes, a ltitude changes, or

re

- routings;

b. Unplanned or s ustained use of deicing and anti

- icing systems or other factors directly relating to fuel consumption that may have a negative e ffect on trip fuel requirements;

c. The deterioration of destination weather below a 1,000

- foot ceiling and 2

- mile visibility if us ing an exemption that requires at least 3 statute miles visibility as listed in Table 1; or

d. The deterioration of destination weather below a 1,000

- foot ceiling and 1

- mile visibility if using an exemption that requires for at least 2 statute miles visibilit y as listed in Table 1.

8. Mandatory Pilot Reports. Pilots will notify Dispatch as soon as possible in the event of any of the following:5

a. Lateral deviation from the plann ed route by greater than 100 NM;

b. Vertical deviation from the planned altitude by greater than 4000 feet ;

c. Estimate time of arrival will exceed planned by greater than 15 minutes ;

d. Fuel consumption in excess of planned that may have a negative effect on trip

- fuel

r equirements;

e. Fuel system component failure or apparent malfunction that may have a negative

e ffect on trip fuel requirements;

f. The flight encounters weather significantly different than forecast, to include turbulence;

g. The flight is assigned en route or arrival holding ; or

h. Unplanned or sustained use of deicing or anti

- icing systems.

9. Fed Ex must maintain CAT I (operations specification C0 52 )/CAT II/CAT III (operations specification C0 59/C060 ) ILS approach authorization (as applicable) for those aircraft to which this exemption would apply, and each aircraft must have fully operating equipm ent needed for the appropriate CAT I/CAT II/CAT III ILS approach for that aircraft to operate under this exemption.

10. At the time of dispatch, the flight crew must be qualified to conduct a CAT I/CAT II/ CAT III ILS approach to published minimums (as applic able). 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 exempt ion, and all of the conditions specified by Exemption No. 5549 are met.

11. 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 s uch reports or forecasts are in either or both the main body or the remarks section of the weather report or the weather forecast. Furthermore, FedEx cannot use Exemption

No. 3585 (as amended) issued to Air Transport Association of America, Inc., members (including FedEx ) 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.

12. Each certificated FedEx dispatcher and PIC, w ho conducts operations under this exemption, must be provided with a copy of pertinent parts of this exemption. Operations under this exemption are permitted by FedEx dispatchers and PICs but are not required.

13. Use of this exemption in operations to destin ations outside the contiguous United States is prohibited. FedEx is authorized to use this exemption in operations to airports within the 48 contiguous States and the District of Columbia from airports outside those boundaries6

provided FedEx also holds o perations specification A012 (Part 121 Domestic Operations to Certain Airports Outside the 48 Contiguous States and Alaska) and operations are conducted in accordance with the appropriate provisions of that operations specification as they pertain to opera tions from Alaska and/or the airports listed in Table 1 thereof.

14. FedEx 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 t his reporting requirement once FedEx 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 fol lowing information:

a. The total number of flights operated by FedEx 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 conduc ted under the appropriate provisions and limitations of Operations S pecification A012. For each flight operated, the dates; airport pairs; flight numbers; aircraft make, model, and ser ial number; trended or graphical summary of flight planned fuel vs. ac tual arrival fuel; and contingency fuel must be listed. Report format shall 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 ar e separated 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. FedEx must fully document each diversion;

and7

e. The total number of FedEx 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.

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service