P.O. Box 700548, Dallas, Texas 75370

- 0548 (97 2) 725

- 9000  FAX (972) 725

- 9090 U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590

January 20, 2014

To Whom It May Concern:

In accordance with 14 CFR Part 11 §11.17, Ameristar Air Cargo, Inc. (Ameristar) respectfully petitions

the Federal Aviation Adm inistration (FAA) for a n amendment to 14 CFR Part 121.689(b) to the extent necessary to clarify it s intent so that the FAA ’ s policy document and t he rule are consistent

. The specific language request change and reasons for the change are provided below

.

Currently 14 CFR Part 121.689(b) reads as follows:

§ 121.689 Flight release form: Supplemental operations.

(b) The aircraft flight release must contain, or have attach ed to it, weather reports, available weather forecasts, or a combination thereof, for the destination airport, and alternate airports, that are the latest available at the time the release is signed . It may include any additional available weather reports or forecasts that the pilot in command considers necessary or desirable. ( Emphasis added).

Prior to November 19, 2013, the FAA’s Order 8900.1 F light Standards Information Systems Volume 3, Chapter 25 Section 3 paragraph 3

- 1974 (8900.10) specifically address e d the language in 14 CFR Part 121. 689(b) where this guidance state d :

“...Weather reports, available weather forecasts (or a combination thereof) for the destination airport and alternate airports that are the latest available at th e time the flight

follower signs the flight release. (Print these on or attach them to the flight release.)” ( Emphasis added).

The new paragraph in the 8900.10 was change to read:

“Weat her reports, available weather forecasts (or a combination thereof) for the destination airport and alternate airports that are the latest available at the time the PIC signs the flight release. (Print these on or attach them to the flight release.)” ( Emphasis added).

T he reference to PIC (pilot

- in

- command) is not referenced in FAR § 121.68 9(b) yet in the 8900.10 it is

now referenced

.

Interestingly, FAR § 121.68 7(b) (a Domestic rule) references both the PIC and dispatcher as persons

that must si g n the release. This rule states in pertinent part:

“ (b ) The di spatch release must contain, or have attached to it, weather reports, available weather forecasts, or a combination thereof, for the destination airport, intermediate stops, and alternate airports, that are the latest available at the time the release is s igned by the pilot in command and dispatcher

. ” (Emphasis added).FAR Part 121.689(b) Clarification

. Page 2 January 20, 2014

FAR § 121.687(b ) and FAR § 121.689(b) have been distinguished for se veral decades. Domestic releases require the latest weather reports to be attached to the release at the time the dispatcher AND the PIC sign the release. Whereas, FAR § 121.689(b) only requires the latest weather reports at the

time the release is signed without out the specificity of who signs it unlike of the domestic release requirements in FAR § 121.687(b ) requiring two distinct individuals to sign. This lack of clarity or bright

line recently caused confusion between Ameristar and the FAA that was resolved by a policy change that added the specificity. However, the policy added the words pilot in command that is not in th e regulation.

Ameristar is requesting that 14 CFR part §121.689(b) be amended as follows:

(b) The aircraft flight release must contain, or have attach ed to it, weather reports, available weather forecasts, or a combination thereof, for the destination airport, and alternate airports, that are the latest available at the time the release is signed by the pilot in

command . It may include any additional available weather reports or forecasts that the pilot in command considers necessary or desirable. (emphasis added).

This technical correction is in the public interest as it will align the regulation with the FAA ’ s guidance in
the 8900.10, more closely mirror 14 CFR part §121.68 7 (b) and provide the bright line that is required by industry users to comply with the intent and plain language of the regulation.

Thank you for your consideration in this matter

.

Sincerely,

Pat Hulsey Director of Operations