AFS-15-472-E

March 24, 2015

 Exemption No. 10208B

 Regulatory Docket No. FAA-2010-1254

Mr. David Wilson

Director, Flight Operations

Endeavor Air, Inc.

7500 Airline Drive, M.S. 01P

Minneapolis, MN 55450-1101

Dear Mr. Wilson:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 10208, as amended. It explains the basis for our decision, describes its effect, and lists 

the conditions and limitations.

The Basis for Our Decision

By letter dated January 28, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Endeavor Air, Inc. (Endeavor) for an extension of Exemption No. 10208, as 

amended. That exemption from § 121.619 of Title 14, Code of Federal Regulations (14 CFR)

allows Endeavor, its certificated dispatchers, and its pilots in command (PIC) to dispatch 

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 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 for Category (CAT) I approaches and 

2 statute miles for CAT II approaches. 

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.
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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 Endeavor.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10208, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. §§ 106(g), 40113, and 44701, which the FAA 

Administrator has delegated to me, Endeavor Air, Inc. is granted an extension to Exemption 

No. 10208, as amended, for § 121.619 that allows Endeavor, its certificated dispatchers, and 

its pilots in command (PIC) to dispatch 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 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 for Category (CAT) I approaches and 2 statute miles for CAT II approaches, subject to 

the following conditions and limitations.

Conditions and Limitations

1. Before conducting operations under this exemption, Endeavor must obtain an updated

Operations Specification A005 (Exemptions and Deviations) that provides for operations 

under this exemption. This exemption applies only to those aircraft identified as 

Endeavor fleet (9E) in OpSpecs paragraph D085.

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 qualified 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 - Alternate Minimums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required

CAT I 1,000 feet above 

ground level (AGL)

3 statute miles

CAT II 1,000 feet AGL 2 statute miles
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5. Before conducting operations under this exemption, Endeavor must demonstrate to the 

satisfaction of the FAA principal operations inspector (POI) assigned to the Endeavor Air

Certificate Management Office that:

a. Each Endeavor dispatcher has a system available to display the location of each

flight within 3 minutes of real time;

b. Each Endeavor dispatch facility has a system that provides its dispatchers with 

overlays of weather returns updated at least once every 5 minutes;

c. Each Endeavor 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 Endeavor 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 condition 8 below, 

occur that negatively impact the flight;

e. Each Endeavor dispatcher must have data available that will show aircraft 

status, including the aircraft capability to conduct CAT I, or CAT II operations 

as applicable to the exemption being used;

f. Each Endeavor dispatcher has a system available to display locations of other

airborne aircraft including aircraft of other operators;

g. Each Endeavor 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 Endeavor dispatch facility has a system available that automatically alerts 

its dispatchers to special weather updates, changes in weather reports, and

forecasts and/or other significant weather-related reports and ensures that these 

can be relayed to flightcrews in an expeditious manner;

i. Each Endeavor 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 program 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.).” 
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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 No. 8, Mandatory Pilot 

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

No. 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 

factors indicate that the conditions under which the flight was originally dispatched have 

changed and may negatively impact the flight, the dispatcher and flightcrew must reevaluate the continued operation of the flight using approved procedures, and if 

necessary, agree on an alternate plan as soon as practicable after the occurrence of any of 

the following:

a. En route holding or delaying vectors, airspeed changes, altitude 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 the Table above; and

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 the Table above.

8. Mandatory Pilot Reports. Pilots will notify dispatch as soon as possible in the event of 

any of the following:

a. Lateral deviation from the planned route by greater than 100 nautical miles;

b. Vertical deviation from the planned altitude by greater than 4,000 feet;

c. Estimated time of arrival will exceed the planned time of arrival by greater than 

15 minutes;

d. Fuel consumption in excess of the planned fuel consumption that may have a 

negative effect on trip fuel requirements;

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

effect on trip fuel requirements;

f. The flight encounters weather significantly different than forecast, to include 

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

h. Unplanned or sustained use of deicing or anti-icing systems.

9. Endeavor must maintain CAT I (Operations Specification C054)/CAT II (Operations 

Specification C059) 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 or CAT II ILS approach for that aircraft to operate 

under this exemption.

10. At the time of dispatch, the flightcrew must be qualified to conduct a CAT I or CAT II 

ILS approach to published minimums (as applicable). 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. 10184, the PIC has been trained 

in accordance with the requirements of that exemption, and all of the conditions specified 

by Exemption No. 10184 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 body or the remarks section of 

the weather report or the weather forecast. Furthermore, Endeavor cannot use Exemption 

No. 3585 (as amended) issued to Air Transport Association of America, Inc., members 

(including Endeavor) 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 Endeavor dispatcher and PIC, who conducts operations under this

exemption, must be provided with a copy of pertinent parts of this exemption. 

Operations under this exemption are permitted by Endeavor dispatchers and Endeavor

PICs but are not required.

13. Use of this exemption in operations to destinations outside the contiguous United States 

is prohibited. Endeavor 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 Endeavor also holds Operations Specification A012 (Part 121 

Domestic Operations to Certain Airports 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 the Table thereof.

14. Endeavor 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.);
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b. When the dispatcher is within 6 months of successfully completing their initial

competence check;

c. When doing so will cause the dispatcher to flight follow more than two flights

dispatched 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 

flights dispatched using this exemption.

15. Endeavor 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 Endeavor 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 Endeavor 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 Operations 

Specification A012. For each flight operated, the dates; airport pairs; flight 

numbers; aircraft make, model, and 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 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. Endeavor must fully document each 

diversion; and 
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e. The total number of Endeavor 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 termination date of Exemption No. 10208, as amended, to March 31, 

2017 unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service