AFS-15-1598-E

August 27, 2015

 Exemption No. 12644

 Regulatory Docket No. FAA-2015-1430

Mr. Brad Sheehan

Vice President, Flight Operations

ExpressJet Airlines, Inc.

990 Toffie Terrace

Atlanta, GA 30354

Dear Mr. Sheehan:

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 April 16, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of ExpressJet Airlines, Inc. (ExpressJet), for an exemption from § 121.619(a)(2) of 

Title 14, Code of Federal Regulations (14 CFR) to the extent necessary for ExpressJet to 

dispatch flights to domestic airports at which for at least 1 hour before and after the estimated 

time of arrival at the destination airport the appropriate weather reports or forecasts, or any

combination of them, indicate the ceilings be reduced from at least 2,000 to 1,000 feet above 

ground level (AGL), and visibility be reduced from at least 3 statute miles to 2 statute miles.

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 ExpressJet.

Although ExpressJet’s petition cites § 121.619(a)(2), the FAA notes the relief described by 

the petitioner requires an exemption from § 121.619(a)(1) and (2). Therefore, the FAA has 

construed ExpressJet’s request as a petition from § 121.619(a)(1) and (2). The FAA has issued 

a grant of exemption in circumstances similar in all material respects to those presented in 
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your petition. In Grant of Exemption No. 10208A (copy enclosed), the FAA found that 

Pinnacle Airlines, Inc. could dispatch aircraft to domestic airports without designating an 

alternate for the destination airport where 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 will be 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 Category (CAT) I approaches and 2 statute miles for CAT II approaches.

Having reviewed your reasons for requesting an exemption, I find that—

• they do not differ materially from those presented by the petitioner in the enclosed Grant

of exemption No. 10208A;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10208A

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, ExpressJet Airlines is granted an exemption from 

§ 121.619(a)(1) and (2) to the extent necessary to allow ExpressJet to dispatch flights to 

domestic airports at which for at least 1 hour before and after the estimated time of arrival at 

the destination airport the appropriate weather reports or forecasts, or an combination of them, 

indicate the ceilings be reduced from at least 2,000 AGL to 1,000 AGL, and visibility be 

reduced from at least 3 statute miles to 2 statute miles, subject to the conditions and 

limitations described below.

Conditions and Limitations:

1. Before conducting operations under this exemption, ExpressJet must have its 

operations specifications amended and comply with all the regulations applicable to 

domestic air carrier operations, except those pertaining to the certification of air 

carriers. 

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

48 contiguous United States and the District of Columbia

3. Operations 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-Alternate Minimums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required

CAT I 1,000 feet above ground 

level (AGL)

3 statute miles

CAT II 1,000 feet AGL 2 statute miles

5. Before conducting operations under this exemption, ExpressJet must demonstrate to 

the satisfaction of the FAA principal operations inspector (POI) assigned to the 

ExpressJet Certificate Management Office that:

a. Each ExpressJet aircraft dispatcher has a system available to display each 

flight within 3 minutes of real time;

b. Each ExpressJet dispatch facility has a system that provides its aircraft 

dispatchers with overlays of weather returns updated at least once every 

5 minutes;

c. Each ExpressJet dispatch facility has a system that provides its aircraft 

dispatchers with a display of the specific aircraft routing as assigned by air 

traffic control (ATC) and actual filed flight plan routing;

d. Each ExpressJet aircraft 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 8 below, occur that negatively impact the flight;

e. Each ExpressJet aircraft dispatcher must have data available that will show 

aircraft status, including the aircraft capability to conduct CAT I or CAT II 

operations as applicable to the exemption being used:

f. Each ExpressJet aircraft dispatcher has a system available to display 

locations of other airborne aircraft including aircraft of other operators;

g. Each ExpressJet dispatch facility has a system available that provides its 

aircraft 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 ExpressJet dispatch facility has a system available that automatically 

alerts its aircraft dispatchers to special weather updates, changes in weather 

reports and forecasts and/or other significant weather-related reports and 

ensures that these can be relayed to flightcrews in an expeditious manner;
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i. Each ExpressJet aircraft dispatcher is provided the capability to access the 

services of a qualified meteorologist approved by the POI whenever the 

aircraft dispatcher believes the 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 APPLIES 

REFERENCE (APPROPRIATE DOCUMENT SUCH AS FLIGHT 

OPERATIONS MANUAL, GENERAL OPERATIONS 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 the conditions under which the flight was originally dispatched have 

changed and may negatively impact the flight, the dispatcher and flight crew must 

reevaluate the continued operation of the flight using approved procedures, and if 

necessary, agree on the alternate plan as soon as practicable 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 the Table above; and 

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

1 mile visibility if using and exemption that requires for at least 2 statute

miles visibility as listed in the Table above.

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 nautical miles;

b. Vertical deviation from the planned route by greater than 4,000 feet;

c. Estimated time of arrival will exceed the planned time of arrival by greater 

than 15 minutes;

d. Fuel consumption in excess of the planned fuel consumption 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 that forecast, to include 

turbulence;

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

h. Unplanned or sustained use of deicing or anti-icing systems.

9. ExpressJet must maintain CAT I (Operations Specification C054)/CAT II (Operations 

Specification C059) 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 or CAT II ILS approach for the aircraft 

to operate under this exemption.

10. At the time of dispatch, the flightcrew must be qualified to conduct a CAT I or CAT 

II ILS approach to published minimums (as applicable). Pilots in command (PICs)

with less than the requisite minimum hours specified in the §121.652 cannot be used 

in operations under this exemption, unless the operator also holds Exemption No. 

5549 (as amended) issued to Airlines for America, 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 forecast are in either or both the main body 

of the remarks section of the weather report or the weather forecast. Furthermore, 

ExpressJet cannot use exemption 3585 (as amended) issued to Airlines for America, 

members 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.
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12. Each certificated ExpressJet aircraft dispatcher and PIC, who conducts operations

under this exemption, must be provided with a copy of the pertinent parts of this 

exemption. Operations under this exemption are permitted by ExpressJet aircraft 

dispatchers and ExpressJet PICs but are not required.

13. Use of this exemption in operations to destination outside the contiguous United 

States is prohibited. ExpressJet is authorized to use this exemption in operations to 

airports within the 48 contiguous States and the District of Columba from airports 

outside those boundaries provided ExpressJet 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 appropriate 

provisions of that operations specification as they pertain to operations from Alaska 

and/or the airports listed in the Table thereof.

14. ExpressJet aircraft dispatchers will not apply this exemption when any of the 

following conditions exist:

a. During periods of uncovered dispatch shifts (i.e., due to sick calls, etc.);

b. When the aircraft dispatcher is within 6 months of successfully completing 

his or her initial competence check;

c. When doing so will cause the aircraft dispatcher to flight follow more than 

two flights dispatched under this exemption;

d. The aircraft is to be dispatched with the Aircraft Communications 

Addressing and Reporting System (ACARS) inoperative; and 

e. When the aircraft dispatcher is flight following more than five flights in 

addition to the flights dispatched using this exemption.

15. ExpressJet 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 ExpressJet has conducted 

operations under this exemption satisfactorily for at least 24 continuous calendar 

months, and sufficient data to thoroughly evaluate operation performance have been 

obtained. 

Reports must contain the following information:

a. The total number of flights operated by ExpressJet under domestic rules to 

destinations within the 48 contiguous States and the District of Colombia;
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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 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 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. ExpressJet must fully document each 

diversion; and 

e. The total number of ExpressJet 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

Enclosure