AFS

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- 472

- E March 24, 2015

Exemption No. 10208B Regulatory Docket No. FAA

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- 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 lim itations.

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 hou r 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 visi bility 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 publi c interest and safety that were the basis for granting the original exemption.2

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 se t 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 i n the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(g), 40113

, and 44701, which the FAA Administrator has delegat ed to me, Endeavor Air, Inc. is granted an extension to Exemp tion No. 10208, as amended, for § 121.619 that all ows 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 arriv al 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 t o 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 l imited 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 operab le instrument landing system (ILS) procedure is published. Alternate minimums are predicate d on the following table:

Table

- Alternate Minimums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required

CAT I 1,000 feet above

gr ound level (AGL) 3 statute miles

CAT II 1,000 feet AGL 2 statute miles3

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

Certifica te 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

o verlays of weather returns upd ated 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 disp atcher 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 fligh t ;

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 disp lay 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 diff erence 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.).”4

The certificate holder may choose to use other wording, if desired, but the meaning must be clear.

6. The repor ting requirements of the flightcrews listed in C ondition No. 8, Mandatory Pilot Reports, and the required dispatch flight planning and tracking systems in C ondition

No. 5 must be used to determine the feasibility of dispatching the flight under this
exempt ion 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 im pact the flight, the dispatcher and flightcrew must re

evaluate 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 hold ing 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 e ffect on trip fuel requiremen ts;

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 visibi lity as listed in the Table above; and

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

- f oot ceiling and 1

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

listed in the Table above.

8. Mandatory Pilot Reports. Pilots will notify d ispatch as soon as p ossib le in the event of any of the following:

a. La teral 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. E stimated time of arrival will exceed th e planned time of arrival by greater than

15 minutes ;

d. Fuel consumpti on in excess of the planned fuel consumption that may have a negative effect on trip fuel r equirements ;

e. Fuel system component failure or apparent malfunction that may have a negative effect on trip fuel requirements ;

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

turbulence ;5

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 C0 54 )/CAT II ( Operations Speci fication 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

und er 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 operati ons 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 u nder 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 rep ort 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 fore cast 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 authorize d 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 ( P art 121 Domestic Operations to Certain Airpor ts 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.);6

b. When the dispatcher is within 6 months of successfully completing their initial competence ch eck;

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

R eporting System (ACARS) inoperative; and

e. When the dispatc her is flight following more than five flights in addition to the flight s dispatched using this exemption

.

15. Endeavor must provide the Administrator, by the 15 TH day of each month, reports that include the information listed below, during the preceding calen dar month. The POI is authorized to delete this reporting requirement once Endeavor ha s 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 u nder 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 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 f lights 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; and7

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 tak en 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

, 201 7 unless sooner superseded or rescinded

.

S incerely,

/s/

John S. Duncan Director, Flight Standards Service