AFS-12-362-E June 1, 2012

Exemption No. 10084A Regulatory Docket No. FAA-2010-0098

Mr. Santi Lombardo Director, Flight Operations Pinnacle Airlines, Inc.

40 South Main Street Memphis, TN 38103

Dear Mr. Lombardo:

This letter is to inform you that we have granted your petition to extend Exemption No. 10084. It explains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated May 7, 2012, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of Pinnacle Airlines, Inc. (Pinnacle), for an extension of Exemption No. 10084. That exemption from § 121.619 of Title 14, Code of Federal Regulations (14 CFR) allows Pinnacle, its certificated 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.

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.2

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 Pinnacle.

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 10084 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. Before conducting operations under this exem ption, Pinnacle must obtain amended operations specifications that provide for operations under this exemption.

2. Operations under this exemption are limited to only those destination airports in the 48 contiguous States and the District of Columbia.

3. Operations under this exemption are limited to only those airports at which an operable Category (CAT) II instrument landing system (ILS) is available for use.

4. Before conducting operations under this exemption, Pinnacle must demonstrate to its assigned FAA principal operations inspector’s (POI) satisfaction that:

a. Each Pinnacle dispatcher has a system available to display the location of each flight within 3 minutes of real time;

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

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

e. Each Pinnacle 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;

f. Each Pinnacle dispatch facility has a system available that automatically alerts its dispatchers to special weather updates, changes in weather reports, forecasts and/or other significant weather-related reports, and ensures that these can be relayed to flightcrews in an expeditious manner;3

g. Each Pinnacle 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 satisfies this requirement;

h. Each Pinnacle dispatcher must have the capability to expeditiously re-compute projected arrival fuel from a “point aloft” to the intended destination in the event conditions occur that negatively impact the flight; and

i. The dispatch release will contain a statement for each flight dispatched under this exemption such as “ALTERNATE WEATHER EXEMPTION XXXX APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FOM, GOM, etc).” The certificate holder may choose to use other wording, if desired, but the meaning must be clear.

5. Pinnacle must maintain at least CAT II approach authorization, Operations Specifications (OpSpec) C059, for those fleets to which this exemption applies, and each aircraft must have fully operating equipment needed for CAT II ILS approaches for that aircraft to operate under this exemption.

6. At the time of dispatch, the flightcrew must be qualified to conduct at least a CAT II approach. 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.

7. 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, Pinnacle cannot use Exemption No. 3585 (as amended) issued to Air Transport Association of America, Inc., members (including Pinnacle) 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.

8. Each certificated Pinnacle dispatcher and PIC, who conducts operations under this exemption, must be provided with a copy of pertinent parts of this exemption.

9. Operations under this exemption are permitted by Pinnacle dispatchers and Pinnacle PICs but are not required.

10. Use of this exemption in operations to destinations outside the contiguous United States is prohibited. Pinnacle is authorized to use this exemption in operations to airports within the 48 contiguous States and the District of Columbia from airports4

outside those boundaries provided Pinnacle also holds OpSpec A012 and operations are conducted in accordance with the appropriate provisions of that OpSpec as they pertain to operations from airports listed in Table I thereof.

11. Pinnacle 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 dispatcher is within 6 months of successfully completing his/her initial competence check;

c. When doing so will cause the dispatcher to follow more than two flights released under this exemption;

d. The aircraft is to be dispatched with the Aircraft Communications Addressing and Reporting System (ACARS) inoperative; and

e. When the dispatcher is flight following more than five flights in addition to the flight dispatched using this exemption.

12. Pinnacle 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 Pinnacle 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 Pinnacle 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 OpSpec A012. For each flight operated, the dates, airport pairs, flight numbers, aircraft make/model/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 operated 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. Pinnacle must fully document each diversion; and5

e. The total number of Pinnacle 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.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 10084 to July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service