AFS

- 14

- 036

- E This letter corrects the January 9, 201 4

, letter we sent granting an extension of your petition

, E xemption No. 865 8

. A correction was made to update Condition No. 9 by changing “C074”

to read as “C052” and “C059” to read as “C059/C060”. Below is the am ended Exemption

No. 865 8 that includes the aforementioned changes. We have made the correction in our

records as of January 14, 2014.

January 9 , 2014

Exemption No. 8658F Regulatory Docket No. FAA

- 2005

- 223 36

Mr. Christopher Williams Director of Operations

United Parcel Service Company

825 Lotus Avenue Louisville, KY 4021 3

Dear Mr. Williams :

This letter is to inform you that we have granted your petition to ext ended Exemption No.

8658 , as amended. It expl ains the basis for our decision, describes its effect, and lists the

revised conditions and limitations.

The Basis for Our Decision

By letter dated November 7, 2013

, you petitioned the Federal Aviation Administration (FAA)

on behalf of United Parcel S ervice Company (UPS) for extension of Exemption No. 8658, as

amended

. That exemption from § 121.619 of Title 14, Code of Federal Regulations (14 CFR) allows UPS, UPS’s certificated dispatchers, and UPS’s pilots in command (PIC) to dispatch

aircraft to dome stic 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 1,000 feet above the airport elevation and visibility will be at least 3 statute miles for 

## Corrected Copy2

airports utilizing Category ( CAT ) I authorizations or the visibility will be at least 2 statute miles for airports utilizing C AT II or CAT III authorizations

.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 8658, as amended, remains valid with respect to this exemption and is in the public interest. Therefore,

u nder the authority pr ovided by 49 U.S.C. §§ 106(f), 40113

, and 44701, which the FAA

Administrator has dele gated to me, United Parcel Service Company is granted an extension to

its exemption from 14 CFR § 121.619 to allow UPS, its certificated dispatch ers, and its PICs to dispa tch 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 1,000 feet above the airport elevation and visibility will be at least 3 statute miles for airports utilizing Category ( CAT ) I authorizations or the visibility will be at least 2

statute miles for airports utilizing CAT II or CAT III authorizations

, subject to the revised

conditions and limitations listed below.

Conditions and Limitations

1. Before conducting operations under this exemption, UPS must obtain an updated operations specification A005 (E xemptions and Deviations) that provides for operations under this exemption.

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

3. Operations conducted under this exemption must use a current and qu alified 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:

Table 1

- Alternate Mini mums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required

Category I 1,000 feet above ground level (AGL) 3 statute miles

Category II 1,000 feet AGL 2 statute miles

Category III 1,000 feet AGL 2 statute miles3

5. Before cond ucting operations under this exemption, UPS must demonstrate to the satisfaction of the FAA principal operations inspector (POI) assigned to the UPS Certificate Management Office that:

a. Each UPS dispatcher has a system available to display the location of e ach flight within 3 minutes of real time;

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

c. Each UPS dispatch facility has a system that provides its dispatchers wi th a display of the specific aircraft routing as assigned by air traffic control (ATC) and actual filed flight plan routing;

d. Each UPS 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 C ondition

N umber 8

, occur th at negatively impact the flight;

e. Each UPS dispatcher must have data available that will show aircraft status, including the aircraft capabil ity to conduct CAT I, CAT II or CAT III operations as applica ble to the exemption being used;

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

g. Each UPS 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;

h. Each UPS dispatch facility has a system available that automatically alerts i ts 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;

i. Each UPS 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 p rogram satisfies this requirement; and

j. Each dispatch release issued in accordance with this exemption will contain a

statement such as “ALTERNATE WEATHER EXEMPTION APPLIED REFERENCE (APPROPRIATE DOCUMENT SUCH AS FLIGHT OPERATIONS MANUAL, GENERAL OPERATONS MANUAL, ETC.).”4

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 8, Mandatory Pilot Reports, and the required dispatch flight planning and tracking systems in Condition 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

fact ors indicate that the conditions under which the flight was originally dispatched have changed and may negatively impact the flight, the dispatcher and flightcrew must

re

- evaluate the continued operation of the flight using approved procedures, a nd if necessary, agree on an alternate plan as soon as possible after the occurrence of any of the following:

a. En route holding or delaying vectors, airspeed changes, a ltitude 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 Table 1.

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

- foot ceiling and 1

- mile visibility if using an exemption that requires for at least 2 statute miles visibility as

listed in Table 1.

8. Mandatory Pi lot Reports. Pilots will notify Dispatch as soon as possible in the event of any of the following:

a. Lateral deviation from the plann ed route by greater than 100 NM;

b. Vertical deviation from the planned altitude by greater than 4000 feet ;

c. E TA will exceed pla nned by greater than 15 minutes ;

d. Fuel consumption in excess of planned that may have a negative effect on trip

- fuel

r equirements ;

e. Fuel system component failure or apparent malfunction that may have a negative

e ffect on trip fuel requirements;

f. The flight en counters weather significantly different than forecast, to include turbulence;

g. The flight is assigned en route or arrival holding ; or5

h. Unplanned or sustained use of deicing or anti

- icing systems.

9. UPS must maintain CAT I (operations specification C0 52 )/CAT II/CAT III (operations specification C0 59/C060 ) 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/CAT II/CAT III ILS app roach for that aircraft to operate under this exemption.

10. At the time of dispatch, the flight crew must be qualified to conduct a CAT I/CAT II/ CAT III ILS approach to published minimums (as applicable). PICs with less than the requisite minimum hours spe cified 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. 5 549 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 forecasts are in either or both the main bod y or the remarks section of the weather report or the weather forecast. Furthermore, UPS cannot use Exemption No. 3585 (as amended) issued to Air Transport Association of America, Inc., members (including UPS ) 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.

12. Each certificated UPS dispatcher and PIC, who conducts operations under this exemption, must be provided wit h a copy of pertinent parts of this exemption. Operations under this exemption are permitted by UPS dispatchers and PICs but are not required.

13. Use of this exemption in operations to destinations outside the contiguous United States is prohibited. UPS is authorized to use this exemption in operations to airports within the 48 contiguous States and the District of Columbia from airports outside those boundaries provided UPS also holds operations specification A012 (Part 121 Domestic Operations to

Certain A irports Outside the 48 Contiguous States and Alaska) and operations are conducted in accordance with the appropriate provisions of that operations specification as they pertain to operations from Alaska and/or the airports listed in Table 1 thereof.

14. UPS mu st provide the Administrator, by the 15 TH 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 UPS has conducted operations under this

ex emption 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:6

a. The total number of flights operated by UPS under dome stic 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 Operations S pecifica tion A012. For each flight operated, the dates; airport pairs; flight numbers; aircraft make, model, and ser ial 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 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. UPS must fully document each diversion;

and

e. The total number of UPS 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

T he termination date of Exemption No. 86 58 , as amended, remains January 31, 201 6

, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Ser vice