AFS-12-103-E 

February 16, 2012 

 Exemption No. 10041A 

 Regulatory Docket No. FAA-2009-1239 

Mr. Robert E. Zeng 

Director of Flight Operations 

Omni Air International 

3303 North Sheridan Road 

Tulsa, OK 74115 

Dear Mr. Zeng: 

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

No. 10041. 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 November 28, 2011, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Omni Air International (Omni) for an exemption from §§ 121.613, 

121.619(a), and 121.625 of Title 14, Code of Federal Regulations (14 CFR) to the extent 

necessary 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 exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Omni. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 10041, 

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. 

. 

Conditions and Limitations 

1. Omni must list one additional alternate airport in the dispatch release whenever the 

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 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 Omni’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 Omni’s operations 

specifications for that airport. 

2. No person may dispatch or take off an airplane, when operating under the terms of this 

exemption, unless the airplane has enough fuel: 

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. 
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3. Omni’s pilot in command, while en route, must ensure by way of air-to-ground 

communication with Omni’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. 

4. Before commencing operations in accordance with this exemption, Omni must obtain 

the approval of the appropriate FAA certificate-holding district office. Omni 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. 

5. 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 Effect of Our Decision 

Our decision extends the termination date of Exemption No. 10041, to March 31, 2014 unless 

sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Acting Director, Flight Standards 

 Service 

Enclosure