AFS-15-2146-E

 Exemption No. 12629

 Regulatory Docket No. FAA-2015-2033

Mr. J. Mark Hansen

Lead Counsel – Regulatory Affairs

Federal Express Corporation

3620 Hacks Cross Road, Building B, 3rd 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 

airport, 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 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.

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 FedEx.

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. 8658E (copy enclosed), that 
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exemption was combined with Operation Specification (OpSpec) C355 (Exemption to 

§ 121.619 for Domestic Destination Alternate Airport Requirements), therefore making 

OpSpec 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 

of 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 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 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, subject 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:
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Table 1 - Alternate Minimums (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 conducting 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 location 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 dispatchers 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 that 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 applicable 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 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;

h. Each FedEx dispatch facility has a system available that automatically alerts its 

dispatchers to special weather updates, changes in weather reports, forecasts 
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and/or other significant weather-related reports, and ensures that these can be 

relayed to flightcrews in an expeditious manner;

i. Each FedEx dispatcher is 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 Weather 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 MANUAL, 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, reports 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 flight 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, altitude changes, or 

re-routings;

b. Unplanned or sustained use of deicing and anti-icing systems or other factors 

directly relating to fuel consumption that may have a negative effect on trip fuel 

requirements;

c. The deterioration of destination weather below a 1,000-foot ceiling and 2-mile 

visibility if using 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 visibility 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:
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a. Lateral deviation from the planned 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 

requirements;

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

effect 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. FedEx must maintain CAT I (operations specification C052)/CAT II/CAT III (operations 

specification C059/C060) ILS approach authorization (as applicable) for those aircraft to 

which this exemption would apply, and each aircraft must have fully operating equipment 

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 applicable). 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.

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 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, 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, 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 FedEx dispatchers and PICs but are not required.

13. Use of this exemption in operations to destinations 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 boundaries 
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provided FedEx also holds operations 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 operations from Alaska and/or the airports listed in Table 1 thereof.

14. FedEx 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 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 following 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 conducted under the appropriate provisions and limitations of 

Operations Specification 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 vs. actual 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 are 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; 

and 
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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