AFS-14-041-E January 6, 2014

Exemption No. 10041B Regulatory Docket No. FAA-2009-1239

Mr. Robert E. Zeng Director of Flight Operations

Omni Air International

3303 North Sheridan Road Tulsa, OK 74115

Dear Mr. Zeng:

This letter is to inform you that we have granted your petition to extend Exemption No. 10041, 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 November 4, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of Omni Air International (Omni) for an extension of Exemption No. 10041, as amended. That exemption from §§ 121.613, 121.619(a), and 121.625 of Title 14, Code of Federal Regulations (14 CFR) would allow Om ni to the extent necessary to dispatch airplanes under instrument flight rules when conditional language in a one-time increment of the weather forecast states that the weather at the destination, alternate airport, or both airports could be below the authorized weather minimums when other time increments of the

weather forecast state the weather conditions will be at or above the authorized weather

minimums.

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.

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 Omni.2

Our Decision

The FAA has modified and supplemented the conditions and limitations of Exemption

No. 10041 to better define the intent. Please note that the conditions and limitations included with an exemption are not based on specific regulations but are the FAA’s means of ensuring an equivalent level of safety. This may necessitate limitations that go beyond the established regulations due to the fact that the proposed operation is, by its need for an exemption, outside the normal regulatory structure.

In Condition No. 1(c), a note was added to define the use of RNAV instrument approach procedures in determining alternate minimums covered by the exemption.

Condition No. 2 added the text “unless considering the fuel planning requirements in §121.647” to outline the additional regulatory fuel planning requirements in addition to the ones listed in condition No. 2 for clarity.

Condition No. 5 has been removed as the term BECMG is no longer used by the National Weather Service (NWS), and the condition no longer applies.

“Each BECMG change indicator in the TAF that is "deteriorating" must be considered valid at the first minute of the becoming period. Each BECMG change indicator in the TAF that is "improving" will not be valid until the last minute of the becoming period of the TAF.”

The FAA has determined that the justification for the issuance of Exemption No. 10041, 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(f), 40113, and 44701, which the FAA Administrator has delegated to me, Omni Air International is granted an extension to an exemption from §§ 121.613, 121.619(a), and 121.625 of Title 14, Code of Federal Regulations (14 CFR) that allows Omni to the extent necessary to dispatch airplanes under instrument flight rules when conditional language in a one-time increment of the weather

forecast states that the weather at the destinati on, alternate airport, or both airports could be

below the authorized weather minimums when other time increments of the weather forecast state the weather conditions will be at or above the authorized weather minimums, subject to the following conditions and limitations.

Conditions and Limitations

1. Omni must list one additional alternate airport in the dispatch release whenever the Aviation Weather Report (METAR), Terminal Aerodome Forecast (TAF), or any combination thereof for the destination airport or first alternate airport indicate, by the

use of conditional words in the remarks section of such METAR or in one or more time increments of the TAF, that the forecast weather conditions for the destination and the first alternate airport could be less than the authorized weather minimums for those airports. However, the METAR or TAF must indicate in another time increment3

that the weather conditions for the destination, first alternate, and second alternate airports are forecast to be not less than the applicable authorized weather minimum

values as follows:

a. With respect to the destination airport, the forecast weather conditions must not be less than one-half of the lowest weather minimum visibility value established for the instrument approach procedure expected to be used for an instrument approach at the destination;

b. With respect to the first alternate airport, the forecast weather conditions must not be less than one-half of the alternate weather minimum ceiling and visibility values specified in Omni’s operations specifications for that airport; and

c. With respect to the second alternate airport listed in the dispatch release pursuant to this exemption, the METAR, the appropriate time increment of the TAF, or any combination thereof for that airport must indicate in the main body and remarks section of the METAR or TAF that the forecast weather conditions will be at or above the alternate airport weather minimum ceiling and visibility values specified in Omni’s operations specifications for that airport.

Note: The use of RNAV instrument approach procedures in determining minimums is limited to destination airport or alternate(s). The operator cannot base the dispatch on RNAV only approaches at both the destination and alternate airports

2. No person may dispatch or take off an airplane, when operating under the terms of this exemption, unless considering the fuel planning requirements in §121.647, the airplane has enough fuel:

a. To fly to the airport to which it is dispatched;

b. Thereafter, to fly to and land at the most distant alternate airport for the airport to which it is dispatched, taking into consideration the anticipated air traffic control routing; and

c. Thereafter, to fly for 45 minutes at normal cruising fuel consumption.

3. Omni’s pilot in command, while en route, must ensure by way of air-to-ground communication with Omni’s dispatch center and other appropriate facilities, that the pilot is receiving the most current METAR and TAF for the destination airport and the alternate airports. This current weather information must be used when making a decision to proceed to an alternate airport for landing.

4. Before commencing operations in accordance with this exemption, Omni must obtain the approval of the appropriate FAA certifi cate-holding district office. Omni must4

ensure that the conditions and limitations listed herein are included in its approved manual(s) for the use and guidance of its flight and ground operations personnel.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10041, as amended, to March 31, 2016 unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service