FecEx® 

Express 

VIA FEDEX OVERNIGHT LETTER 

April 22, 2014 

Captain Paul E. Cassel 

Senior Vice President- Flight Operations 

Building C, VP Fit Ops and Chief Pilot 

Memphis, TN 38118 

U.S. Department ofTransportatiori 

Docket Operations 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Ave., 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 it pertains to aircraft dispatcher observations of 

pilot flight simulator training conducted under the Federal Express Air Carrier Certificate, as 

more fully described herein. 

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, 2014 
Petition for Exemption§ 121.463(c) 

April22, 2014 

Page 1 of9 

Federal Express Corporati9n 

Summary 

/ 

.Federal Express Corporation, holder of air carrier operating certificate FDEA140A, 

petitions the Administrator for relief from a portion of 14 CFR 121.463(c) as it 

pertains to the training requirements 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. This petition seeks to make use 

of improved 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 

Federal Express Corporation 

In accordance with the provisions of Federal Aviation Regulation (FAR) § 11.25, 

Federal Express Corporation petitions the Administrator for an exemption from 

FAR§ 121.463(c). This exemption would grant the aircraft dispatchers of Federal 

Express Corporation (hereinafter referred to as FedEx) the ability to use a single 

LOFT event, including the pre-LOFT and post-LOFT briefing events to meet the 

annual dispatcher operational familiarization requirements of FAR 121.463, 

provided the pilot-training LOFT event was conducted in accordance with the 

FedEx Advanced Qualification Program as defined in FAA AC 120-54A, and 

approved in FDEA140A Operations Specifications, A034 (Advanced Qualification 

Program)1. 

Affected Sections of the Federal Aviation 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 consisting of at least 5 hours observing operations under this part, 

in one of the types of airplanes 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 seat with headset or speaker. The 

requirement of paragraph (a) of this section may be reduced to a minimum of 2-1/2 

hours by the substitution of one additional takeoff and landing for an· hour of flight. 

The requirement of this paragraph may be satisfied by observation of 5 hours of 

simulator training for each airplane group in one of the simulators approved under 

Sec. 121.407 for the group. However, if the requirement of paragraph (a) is met by 

the use of a simulator, no reduction in hours is permitted. 

Requested Relief. 

The relief requested by FedEx mirrors that as contained in the proposed FAR§ 

121.1415(b)2• The now-cancelled§ 121.1415(b) provided for, in pertinent 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 event in any 

fleet and gain the same benefit regardless of aircraft 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 of Crewmembers and Aircraft 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 exemption to 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 of each person covered by the exemption: 

All fully qualified dispatchers in the employ of FedEx will be covered by this 

exemption during its effectivity. New hire dispatchers which do not yet hold an 

initial release authority for their operational environment (domestic or 

international) will still be required to obtain their initial operational familiarization 

in the actual jumpseat observing actual14 C.F.R. 121 flight operations. The relief 

requested is only for dispatchers observing a LOFT as a part of their annual 

recurrent training. With the exception of those 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 of flight hours as a part of 

his/her initial qualification, and the same number of hours as a part of his annual 

recurrent training requirement. The minimum number is five hours of flight 

operations conducted under FAR 121, but may be reduced to a minimum of 2-112 

hours by the substitution of an additional takeoff and landing for an hour of flight. 

The regulation states the aircraft dispatcher may observe a training event in a 

flight simulator, but if he/she does, there is no reduction in the minimum number of 

hours permitted. 

Importance of Observing Aircraft Operations 

In comments to the Administrator concerning changes to 14 C.F.R. § 121.463 in 

1970, the Airline Dispatcher's Association (ALDA) commented "the dispatcher must 

be exposed to the pilot's environment so that the dispatcher is knowledgeable to the 

extent that his judgment is reliable and respected. 4" This is even more important 

today as aircraft and the airspace are much more complex than the "steam-driven" 

aircraft of the early 1970s. It is without question aircraft dispatchers gain valuable 

experience observing flight operations from the flight deck jumpseat. In observing 

real-world 121 flight operations, the dispatcher can gain valuable insight in to how 

traffic flows in and out of given airports, how local topography can dramatically 

affect the terminal area weather when there are no macro-conditions driving a 

given weather phenomenon, as well as generally see and appreciate the difficulties 

in the operation from the flight crew's point of view. 

The company can impose additional training and operational familiarization 

requirements in order to improve the training and qualifications of its dispatcher 

3 FedEx Global Operations Control Training Manual, p. 2-10-1, March 15, 2011 

4 Aircraft Dispatcher Qualifications; 37 Fed. Reg 5,606 (1972) 

\ 
Petition for Exemption § 121.463(c) 

April22, 2014 

Page 4 of9 

Federal Express Corporation 

cadre based on its own unique operational environments and requirements. For 

example, at FedEx, all internationally qualified dispatchers are required by the 

company to observe an overwater and an ETOPS flight (may be 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 of the approach, IFR and engine out departure procedures, 

and so on. Other carriers have required the dispatcher to observe line operations in 

each aircraft type, not just a representative type in a given aircraft group. 

In discussing the 1972 rulemaking, the FAA said it "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 session by seeing how flight 

crews coordinate with each other by applying CRM techniques and working with 

external entities (e.g., ATC, company, etc.) when issues arise. Having the option to 

observe a LOFT session under an Advanced 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 their jumpseat 

requirements in the actual aircraft jumpseat during their training window7• 

Improvements to Pilot Training Methodologies 

The AQP is "a systematic methodology for developing the content of training 

programs for air carrier crewmembers and dispatchers. It replaces programmed 

hours with proficiency-based training and evaluation derived from a detailed job 

task analysis that includes crew resource management ( CRM). AQP incorporates 

data-driven quality control processes for validating and maintaining the 

effectiveness of curriculum content"B. The advisory circular goes on to state "The 

AQP encourages innovation in the methods and technology that are used during 

instruction and evaluation, and efficient management of training systems. The goal 

of AQP is to achieve the highest possible standard of individual and crew 

performance. A leading objective of AQP is to provide effective training that will 

enhance professional qualifications to a level above the present standards that are 

provided in parts 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 must have certain physical abilities in order to be able to occupy the actual jumpseat, due 

to the requirement to be able to assist the flight crew during an emergency. Certain dispatchers in 

the employ ofFedEx have physical conditions which may preclude this. 

7 A dispatcher's training window is their base month, plus the month before and after (14 C.F.R. § 

121.401(b)). Recurrent training requirements (competency check(§ 121.422(b)), and jumpseat ride(§ 

121.463(b)) must be accomplished during this window. For example, a dispatcher with a June base 

month actually has from May 1 -July 31 to complete his recurrent training requirements. 

s FAA Advisory 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 FedEx AQP, 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 entering the 

simulator, as well as a 30-minute debrief after the simulator ride, for a total6-l/2 

hour long training eventn. The purpose of a LOFT "is to give the crew a final 

opportunity to 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 during their LOE. Thus, the simulator event will 

al:low the crew to practice the technical and crew resource management ( CRM) 

skills appropriate to fulfilling job requirements in a full mission scenario 

environment, while.providing a "dress rehearsal" for the LOE. As stated in AC 120-

35012, "The line operational evaluation (LOE) is the primary means of proficiency 

evaluation in Advanced Qualification Program (AQP)"13. 

Some subjects covered during the pre-simulator briefing include14: 

• Threat and Error Management 

• 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 

For example, in the FedEx B777 AQP program, it states an engine-out missed 

approach go around is one of the items which should be 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 

during real world flight operations. 

1o Some fleets at FedEx (such as the A300) further break the two hour pre-brief down to 90 minutes 

of actual pre-briefing, followed by a 30-minute flight planning exercise before entering the simulator. 11 The 6-112 hour duration cited is for a FedEx Boeing B777 LOFT training event. Other fleets at 

FedEx have LOFTs of the same duration, per the FedEx Advanced Qualification Program (AQP) 

Manual, dated October 11, 2001. 

12 FAA Advisory Circular 120-35C, Line Operational Simulations: Line Oriented Flight Training, 

Special Purpose Operational Training, 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 similar pre-simulator briefing events. 
Petition for Exemption§ 121.463(c) 

April 22, 2014 

Page 6 of9 

American Airlines Comments to the Original NPRM 

Federal Express Corporation 

American Airlines commented it conducts scenario based simulator training by 

virtue of the pilot AQP training program rather than LOFT simulator sessions. It 

recommended the FAA approve line scenario based simulator training for aircraft 

dispatchers. 

In the original SNPRM, the FAA proposed to revise Sec. 121.1415(b) to include 

AQP equivalent simulator training. 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 

operating familiarization in a simulator. 

No Adverse Effect on Public 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 an incorrect approach for 

training.IG People learn differently, at different rates, and via different styles. 

Under the current § 121.463, there is no mandatory list of items which need to be 

observed to meet the simulator requrrement of§ 121.463, just that the dispatcher 

sat in the actual simulator for five hours: Since most simulator sessions in air 

carrier training systems are no more than four hours longi7 (excluding briefing 

time), a dispatcher would have to watch two complete simulator sessions in order to 

get the required five hours, which would diminish the value of the 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 of the aspects which make for a successful flight operation. By 

observing a LOFT under an AQP program, there will be a very comprehensive set of 

experiences the dispatcher will be able to observe. A successful brief can 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 relief has already been considered, but was not adopted by the FAA due 

to other issues, there will be no adverse effect on public safety. FedEx will provide 

at least an equivalent level of safety relative to the original§ 121.463 since it trains 

its pilots using only an AQP program, and dispatchers will onlyobserve LOFT 

sessions which are conducted under the FedEx AQP program, as a part of their 

recurrent training requirements. 

15 Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers, 76 Fed. Reg. 29,384 

(2011) 

16 American Airlines Comments to Docket FAA-2008-0677-0303, page 7, August 6, 2009. 

17 Each student pilot acts as pilot flying (PF) and then pilot monitoring (PM) for a two-hour portion of 

the four hour total. 
Petition for Exemption§ 121.463(c) 

April22, 2014 

Page 7 of9 

Public Benefits 

Federal Express Corporation 

FedEx believes a Grant of Exemption would be in the public interest for the 

following reasons: 

• The current rule does not define a minimum level of experiences when a 

simulator ride is used to meet the operational familiarization requirement. 

The crew could theoretically just 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 of normal, non·normal, and· 

emergency situations, some of which are rarely, if ever, seen on the line. 

• Permitting the inclusion of the time spent in pre·/post·briefwill permit the 

dispatcher to complete his observation requirements in one short time frame. 

If the petition were not granted, the dispatcher would have to observe eight 

. hours of simulator flight, to meet a five hour requirement. · 

• While there is no medical certificate requirements for the holder of an 

aircraft dispatcher certificate, the dispatcher must have certain physical 

abilities in order to be able to occupy the actual jumpseat, due to the 

requirement to be able to assist the flight crew in case of an emergency 

evacuation. There are some dispatchers in the employ of FedEx which have 

physical conditions which preclude this. By granting this exemption, FedEx 

will be able to retain highly qualified dispatchers and allow them to maintain 

their qualification without requiring access to the actual jumpseat, and in 

one time frame. · · 
Petition for Exemption § 121.463(c) 

April22, 2014 

Page 8 of9 

Conclusions 

Federal Express Corporation 

In the past few decades, there has been a sea ·change in pilot training programs. 

Aircraft accidents point out training shortcomings which eventually become an 

additional training requirement. Most accidents are attributed to crew error. 

Traditional training programs focus on individual training and evaluation. Most 

accidents are caused by a chain of errors which build up over the course of a flight 

and which, if undetected or unresolved, result in a final, fatal error. Traditional 

training programs, with their maneuver-based training and evaluation, artificially 

segment simulation events in such a way as to prevent the realistic build-up of the 

error chain. Simply being able to fill the square showing a requirement was 

completed did just that, filled the square. Now, with programs such as AQP, more 

training can be accomplished more effectively, but in the same amount of time. 

"Under AQP, 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 training purposes a complete 

pilot training evolution, including the briefings, the dispatcher can gain a greater 

insight into flight operations in the same amount of time. In consideration of these 

changes, and based on the information provided in this petition, FedEx believes it is 

prudent for the FAA to grant FedEx the sought· after relief from a portion of FAR 

121.463(c). 

Publication into the Federal Register 

FedEx furthermore requests action on this petition not be delayed for publication in 

the Federal Register so FedEx may start to take advantage of the 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), 57 4·349-

4214 (mobile), or John Mark Hansen- Lead Counsel if you have any questions or 

require additional information. 

~1\el""-­

~~nsen Uad Counsel 

Regulatory Affairs 

Phone: (901) 434-8583 

Fax: (901) 434-8283 

18 FAA Advisory 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 Chief Pilot 

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 

Federal Aviation Administration 

Memphis Flt Stds Dist Ofc 

2847 Business Park Dr, Bdlg J 

Memphis, TN 38118 

scott. wire ba ugh@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 

Federal Express Corporation 

Capt Jim Bowman 

Bdlg C, VP Flight Ops/Sys Chief Pilot 

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 

Federal Aviation Administration 

FedEx Certificate Management Office 

2847 Business Park Dr, Bdlg J 

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