# FecEx®
Express

VIA FEDEX OVERNIGHT LETTER April 22, 2014

Captain Paul E. Cassel Senior Vice President- Flight Operations Building C, VP Fit Ops and ChiefPilot Memphis, TN 38118

U.S. Department ofTransportatiori Docket Operations West Building Ground Floor Room W12-140 1200 New JerseyAve., S.E. Washington, DC 20590**d!~ /.~11**  

### !3 p !: 

### 24 Legal Department 3620 Hacks Cross Road Building B. 3rd Floor Memphis. TN 38125 Telephone 901.434.8600

Federal Express Corporation hereby submits the attached Petition for Exemption for relief from a portion of 14 C.F.R. § 121.463(c), as itpertains to aircraft dispatcher observations of pilot flight simulatortraining conducted underthe Federal Express Air Carrier Certificate, as more fully describedherein.
Respectfully Submitted,

# ~~~ Lead Counsel Regulatory Affairs Phone: (901) 434-8583 Fax: (901)_434-8283. ' ·. ,. ' 

## ,.. 

# Federal Express Corporation FDEA140A · Petition for Exemption to FAR 

# 121.463(c)

April 22, 2014Petitionfor Exemption§ 121.463(c) April22, 2014 Page 1 of9 Federal Express Corporati9n

Summary 

### / .Federal Express Corporation, holder ofair carrier operating certificate FDEA140A, petitions the Administrator for relieffrom a portion of 14 CFR 121.463(c) as it pertains to the trainingrequirements for an aircraft dispatcher when said dispatcher is observing a line-oriented flight training (LOFT) event in lieu of observing an actual flight operated under FAR 121. Thispetition seeks to make use ofimproved pilot training methodologies, specifically the pilot Advanced Qualification Program (AQP) which is in use at Federal Express Corporation.Petition for Exemption§ 121.463(c) April22, 2014 Page 2 of9 FederalExpress Corporation

In accordance with the provisions ofFederalAviation Regulation (FAR) § 11.25, FederalExpress Corporationpetitions the Administrator for an exemption from FAR§ 121.463(c). This exemption would grant the aircraft dispatchers ofFederal Express Corporation (hereinafter referred to as FedEx) the ability to use a single LOFT event, includingthe pre-LOFT and post-LOFT briefing events to meet the annual dispatcher operational familiarization requirements ofFAR 121.463, provided the pilot-training LOFT event was conducted in accordance with the FedExAdvanced Qualification Program as defined in FAA AC 120-54A, and approved in FDEA140A Operations Specifications, A034 (Advanced Qualification Program) 1

. Affected Sections ofthe FederalAviation Regulations: Section 121.463- Aircraft Dispatcher Qualifications (c) No certificate holder conducting domestic or flag operations may use any person, nor may any person serve, as an aircraft dispatcher unless within the preceding 12 calendar months the aircraft dispatcher has satisfactorily completed operating familiarization consistingofat least 5 hours observing operations under this part, in one ofthe types ofairplanes in each group to be dispatched. This observation shall be made from the flight deck or, for airplanes without an observer seat on the flight deck, from a forward passenger seatwith headset or speaker. The requirement ofparagraph (a) ofthis section maybe reduced to a minimum of2-1/2 hours bythe substitution ofone additional takeoffand landingfor an·hour offlight. The requirement ofthis paragraph may be satisfiedby observation of5 hours of simulatortraining for each airplane group in one ofthe simulators approved under Sec. 121.407 for the group. However, ifthe requirement ofparagraph (a) is metby the use ofa simulator, no reduction in hours is permitted. Requested Relief. The reliefrequestedby FedEx mirrors that as contained in the proposed FAR§ 121.1415(b)2• The now-cancelled§ 121.1415(b) provided for, inpertinent part,

(b) The requirement of paragraph (a) of this section may be satisfied by observation of simulated flight time during a Line oriented Flight Training (LOFT) session or AQP equivalent training, required by subpart BB of this part. The observation must occur in 

### a Full Flight Simulator (FFS) approved in accordance with part 60 of this chapter for the aircraft type and operation. The actual observed simulated flight time, to include LOFT briefing and debriefing time, must not be reduced below 5 hours (emphasis added).

1 FedEx has approved AQP programs for all fleets, so a dispatcher can observe a LOFT eventin any fleet and gainthe same benefitregardless ofaircraft type observed. Currently, only FedEx international dispatchers are qualified to dispatch the Boeing B777, so a domestically qualified dispatcher could not observe a Boeing B777 LOFT for credit. 2 Qualification, Service, and Use ofCrewmembers andAircraft Dispatchers, Docket FAA-2008-0667, 76 Fed.Reg. 29,336 (2011).Petition for Exemption § 121.463(c) April22, 2014 Page 3 of9 Federal Express Corporation

FedEx requests this exemptionto permit us to include the briefing time as a part of the overall time used to meet the five hour requirement of 121.463. Descriptions ofeachperson covered by the exemption: All fully qualified dispatchers in the employ ofFedEx will be covered by this exemption duringits effectivity. New hire dispatchers which do not yet hold an initial release authority for their operational environment (domestic or international) will stillbe required to obtain their initial operationalfamiliarization in the actualjumpseat observing actual14 C.F.R. 121 flight operations. The relief requested is only for dispatchers observing a LOFT as a part oftheir annual recurrent training. With the exception ofthose few FedEx dispatchers with documented health issues3, dispatchers cannot use the LOFT observation ride in two successive years.
Justification:**Und~r** the current version of 14 CFR § 121.463, as promulgated in 1995, an aircraft dispatcher must observe a static minimum number offlight hours as a part of his/her initial qualification, and the same number ofhours as a part ofhis annual recurrent trainingrequirement. The minimum number is five hours offlight operations conducted under FAR 121, but may be reduced to a minimum of2-112 hours by the substitution ofan additional takeoffand landingfor an hour offlight. The regulation states the aircraft dispatcher may observe a training event in a flight simulator, but ifhe/she does, there is no reduction in the minimum number of hours permitted.


### Importance of ObservingAircraft Operations In comments to the Administrator concerning changes to 14 C.F.R. § 121.463 in 1970, the Airline Dispatcher'sAssociation (ALDA) commented "the dispatcher must be exposed to the pilot's environment so that the dispatcher is knowledgeable to the extent that hisjudgmentis reliable andrespected.4" This is even more important today as aircraft and the airspace are much more complex than the "steam-driven" aircraft ofthe early 1970s. Itis without question aircraft dispatchers gain valuable experience observing flight operations from the flight deckjumpseat. In observing real-world 121 flight operations, the dispatcher can gain valuable insight in to how traffic flows in and out ofgiven airports, how local topography can dramatically affect the terminal area weather when there are no macro-conditions driving a given weatherphenomenon, as well as generally see and appreciate the difficulties inthe operation from the flight crew's point ofview.

The company can impose additional training and operationalfamiliarization requirements in order to improve the training and qualifications ofits dispatcher

3 FedEx Global Operations ControlTrainingManual, p. 2-10-1, March 15, 2011
4 Aircraft Dispatcher Qualifications; 37 Fed. Reg 5,606 (1972) \Petitionfor Exemption § 121.463(c) April22, 2014 Page 4 of9 FederalExpress Corporation

cadre based onits own unique operationalenvironments and requirements. For example, at FedEx, all internationally qualified dispatchers are requiredbythe company to observe an overwater and an ETOPS flight (maybe combined) at least every three years. Other airlines with unique operational situations have their own requirements, such as a mandatory event observing operations into a given airport due to the uniqueness ofthe approach, IFR and engine out departure procedures, and so on. Other carriers have required the dispatcher to observe line operations in each aircraft type, notjust a representative type in a given aircraft group.

In discussing the 1972 rulemaking, the FAA saidit "believes that the use of simulators should be expanded wherever they can be used effectively."5 The dispatcher can gain valuable insight observing a LOFT sessionby seeing how flight
crews coordinate with each otherby applying CRM techniques and working with external entities (e.g., ATC, company, etc.) when issues arise. Havingthe option to observe a LOFT session under anAdvanced Qualification Program (AQP) program, including the pre-/post-briefs, will permit those dispatchers who, for reasons of health6, scheduling, or other reasons, are unable to fulfill theirjumpseat requirements in the actual aircraftjumpseat during their trainingwindow7• 

### Improvements to Pilot TrainingMethodologies The AQP is "a systematic methodology for developing the content oftraining programs for air carrier crewmembers and dispatchers. Itreplaces programmed hours with proficiency-based training and evaluation derived from a detailedjob task analysis that includes crew resource management (CRM). AQP incorporates data-driven quality controlprocesses for validating and maintainingthe effectiveness ofcurriculum content"B. The advisory circular goes on to state "The AQP encourages innovation in the methods and technology that are used during instruction andevaluation, and efficient management oftraining systems. The goal ofAQP is to achieve the highestpossible standard ofindividual and crew performance. A leading objective ofAQP is to provide effective training that will enhance professional qualifications to a level above the present standards that are provided inparts 121 and 135."9

5 73 Fed. Reg. 5607 (1972)

6 While there are no medical certificate requirements for an aircraft dispatcher certificate, the dispatcher musthave certainphysical abilities in order to be able to occupy the actualjumpseat, due to the requirementto be able to assist the flight crew during an emergency. Certain dispatchers in the employ ofFedExhave physical conditions which may preclude this.

7 A dispatcher's trainingwindow is theirbase month, plus the month before and after (14 C.F.R. § 121.401(b)). Recurrent training requirements (competency check(§ 121.422(b)), andjumpseatride(§ 121.463(b)) mustbe accomplished duringthis window. For example, a dispatcher with a June base month actually has from May 1 -July 31 to complete his recurrenttraining requirements.
s FAAAdvisory Circular 120-54A, Advanced Qualification Program, 6/23/2006, para. 1
9 ld.Petition for Exemption§ 121.463(c) April22, 2014 Page 5 of9 Federal Express Corporation

Under the FedExAQP, a LOFT event is a 4-hour long simulator training event. Befo1·e the actual simulator event, there is a two-hour pre-brieflO before enteringthe simulator, as well as a 30-minute debriefafter the simulator ride, for a total6-l/2 hour long training eventn. The purpose ofa LOFT "is to give the crew a final opportunityto prepare for their LOE (line oriented evaluation), and IOE (initial operating experience), while giving the crew the opportunity to practice a scenario similar to that which they will see duringtheir LOE. Thus, the simulator event will al:low the crew to practice the technical and crew resource management (CRM) skills appropriate to fulfillingjob requirements in a full mission scenario environment, while.providing a "dress rehearsal" for the LOE. As stated inAC 120- 35012, "The line operational evaluation (LOE) is the primary means ofproficiency evaluation inAdvanced Qualification Program (AQP)"13.

Some subjects covered during the pre-simulator briefing include14:

• Threat and ErrorManagement
• Error Detection and Correction
• Flight Deck Leadership and Teamwork
• Decision Making
• Tactics to consider when there may be no "book" solution to a given situation
• Handing the inevitable non-normal situations which crop up

Forexample, in the FedEx B777 AQP program, it states an engine-out missed approach go around is one ofthe items which shouldbe expected during the LOFT ride; other fleets have their own special emphasis items which are covered during their specific LOFT events, such as flight control abnormals, electrical abnormals, etc. These items are usually not something many dispatchers ever get to observe duringrealworld flight operations.

1o Some fleets atFedEx (such as the A300) further breakthe two hourpre-briefdown to 90 minutes ofactualpre-briefing, followed by a 30-minute flight planning exercise before entering the simulator. 11 The 6-112 hour duration citedis for a FedEx Boeing B777 LOFT training event. Other fleets at FedExhave LOFTs ofthe same duration, per the FedExAdvanced Qualification Program (AQP) Manual, dated October 11, 2001.

12 FAAAdvisory Circular 120-35C, Line Operational Simulations: Line Oriented Flight Training, Special Purpose OperationalTraining, Line Operational Evaluation, 9/27/2004.
13 FDX B777 DLOFT Training Guide, Indianapolis- Chicago O'Hare Scenario. (October 25, 2011).
14 All fleets at FedEx have similarpre-simulatorbriefing events.Petition for Exemption§ 121.463(c) April 22, 2014 Page 6 of9



### AmericanAirlines Comments to the OriginalNPRM FederalExpress Corporation

AmericanAirlines commented it conducts scenario based simulator trainingby virtue ofthe pilot AQP trainingprogram rather than LOFT simulator sessions. It recommended the FAA approve line scenario based simulator trainingfor aircraft dispatchers.

In the original SNPRM, the FAA proposed to revise Sec. 121.1415(b) to include AQP equivalent simulatortraining. In addition, the FAA proposed in the SNPRM to allow briefing and debriefing time to be included in the 5-hour requirement15. This change would have allowed the certificate holder more flexibility to complete operatingfamiliarization in a simulator.

No Adverse Effect onPublic Safety The current§ 121.463 rule represents a decrease in the quality oftraining relative to an AQP program, because a "one size fits all" is anincorrect approach for training.IG People learn differently, at different rates, and via different styles. Under the current § 121.463, there is no mandatory list ofitems which need to be observed to meet the simulator requrrement of§ 121.463,justthat the dispatcher sat in the actual simulator for five hours: Since most simulator sessions in air carrier training systems are no more thanfour hours longi7 (excludingbriefing time), a dispatcher would have to watch two complete simulator sessions in order to get the required five hours, which would diminish the value ofthe training. By being able to observe an entire LOFT evolution, from pre-brief, through the simulator ride, then the post-brief, the dispatcher is afforded a well-rounded observation to all ofthe aspects which make for a successful flight operation. By observing a LOFT under anAQP program, there will be a very comprehensive set of experiences the dispatcher will be able to observe. A successful briefcan make for a successful flight, therefore we believe the time spent in the briefing should be allowed to count towards the five hour requirement of§ 121.463. Since the petitioned reliefhas alreadybeen considered, but was not adoptedby the FAA due to other issues, there will be no adverse effect onpublic safety. FedEx will provide at least an equivalent level ofsafetyrelative to the original§ 121.463 since it trains itspilots using only anAQP program, and dispatchers will onlyobserve LOFT sessions which are conducted under the FedExAQP program, as a part oftheir recurrent trainingrequirements.

15 Qualification, Service, and Use ofCrewmembers andAircraft Dispatchers,76 Fed. Reg. 29,384 (2011)
16AmericanAirlines Comments to Docket FAA-2008-0677-0303, page 7, August 6, 2009.

17 Each studentpilot acts as pilotflying (PF) and then pilot monitoring (PM) for a two-hourportion of the four hour total.Petitionfor Exemption§ 121.463(c) April22, 2014 Page 7 of9

Public Benefits FederalExpress Corporation

FedExbelieves a Grant ofExemption would be in the public interest for the following reasons: • The current rule does not define a minimum level ofexperiences when a simulator ride is used to meet the operationalfamiliarization requirement. The crew could theoreticallyjust fly the simulator for a single flight evolution straight and level for five hours and the dispatchers observation requirement be met, with no appreciable improvement in the dispatcher's skills and knowledge set. While this could happen on a real world flight, the dispatcher would still observe ATC interactions during the flight, so there is still some beJ).efit to the dispatcher's skill and experience set.
• Watching a flight crew on**~n** AQP·governed simulator ride will permit the aircraft dispatcher observer to see a myriad ofnormal, non·normal, and· emergency situations, some ofwhich are rarely, ifever, seen onthe line.
• Permittingthe inclusion ofthe time spent inpre·/post·briefwillpermit the dispatcher to complete his observation requirements in one short time frame. Ifthe petition were not granted, the dispatcher would have to observe eight

.hours ofsimulatorflight, to meet a five hour requirement. · • While there is no medical certificate requirements for the holder ofan aircraft dispatcher certificate, the dispatcher must have certainphysical abilities in order to be able to occupy the actualjumpseat, due to the requirement to be able to assist the flight crew in case ofan emergency evacuation. There are some dispatchers in the employ ofFedEx which have physical conditions which preclude this. By grantingthis exemption, FedEx will be able to retain highly qualified dispatchers and allow them to maintain their qualification without requiring access to the actualjumpseat, and in
one time frame. · ·Petitionfor Exemption § 121.463(c) April22, 2014 Page 8 of9

Conclusions FederalExpress Corporation

Inthe past few decades, there has been a sea·change inpilot training programs. Aircraft accidents point outtraining shortcomings which eventuallybecome an additional trainingrequirement. Most accidents are attributed to crew error. Traditional trainingprograms focus on individual training and evaluation. Most accidents are caused by a chain oferrors which build up over the course ofa flight and which, ifundetected or unresolved, result in a final, fatal error. Traditional trainingprograms, with their maneuver-based training and evaluation, artificially segment simulation events in such a way as to prevent the realistic build-up ofthe
error chain. Simplybeing able to fill the square showing a requirement was completed didjustthat, filled the square. Now, withprograms such as AQP, more training can be accomplished more effectively, but in the same amount oftime. "UnderAQP, both training and evaluation are scenario-based, simulating more closely the actual flight conditions known to cause most fatal carrier accidents"lB. Aircraft and airlines are much safer due to these advancements. By permitting an aircraft dispatcher to observe and log for recurrent trainingpurposes a complete pilot training evolution, including the briefings, the dispatcher can gain a greater insight into flight operations in the same amount oftime. In consideration ofthese changes, and based on the informationprovided in this petition, FedExbelieves it is prudent for the FAA to grant FedExthe sought·after relieffrom a portion ofFAR 121.463(c).

Publicationinto the Federal Register FedEx furthermore requests action on this petition notbe delayed for publication in the Federal Register so FedEx may start to take advantage ofthe Exemption, if granted.

Please contact Douglas K. Snow, FedEx Global Operations Control Training and Standards (GOCSTDS) at douglas.snow@fedex.com, 901-397·8228 (office), 574·349- 4214 (mobile), orJohn Mark Hansen- Lead Counsel ifyou have any questions or require additionalinformation.

# ~1\el""-­**~~nsen** Uad Counsel Regulatory Affairs Phone: (901) 434-8583 Fax: (901) 434-8283

18 FAAAdvisory Circular 120-54A, Advanced Qualification Program, 6/23/06, page iv.Petition for Exemption§ 121.463(c) April 22, 2014 Page 9 of9



## cc: Capt William W. McDonald Bdlg C, VP Flight Ops/Sys ChiefPilot Memphis, TN 38118 wwmcdonald@fedex.com 901-224-5525

Mr. Paul Tronsor Mng Dir- Global Operations Control 3865 Airways Blvd -Mod. F - 4th Floor Memphis, TN 38116 paul.tronsor@fedex.com 901-397-8462

Mr. Christopher S. Simons Mgr Global Operations Control 3865 Airways Blvd

- Mod. F - 4th Floor Memphis, TN 38116 cssimons@fedex.com 901-397-8594

Mr. Scott Wirebaugh, PDI FederalAviation Administration Memphis Flt Stds Dist Ofc 2847 Business Park Dr, Bdlg J Memphis, TN 38118 scott.wirebaugh@faa.gov 901-969-2275

Mr. Douglas K. Snow GOC Specialist II 3865 Airways Blvd -Mod. F - 4th Floor Memphis, TN 38116 douglas.snow@fedex.com 901-397-8228 FederalExpress Corporation

Capt Jim Bowman Bdlg C, VP Flight Ops/Sys ChiefPilot Memphis, TN 38118 jlbowman@fedex.com 901-224-5640

Mr. J. Randy DiGirolamo Sr Mgr- Global Operations Control 3865 Airways Blvd

- Mod. F - 4th Floor Memphis, TN 38116 jdigirolamo@fedex.com 901-397-8242

Mr. Barry Stanley FederalAviation Administration FedEx Certificate Management Office 2847 Business Park Dr, BdlgJ Memphis, TN 38118 barry.d.stanley@faa.gov 901-322-8600

Mr. Stephen J. Kuhar Sr Tech Advisor/Flight Bdlg C, Flt Standards/Tech & AOD Tr Memphis, TN 38118 sjkuhar@fedex.com 901-224-5339