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 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 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. 
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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 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, 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 increment 
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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 certificate-holding district office. Omni must 
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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