Exem ption No. 10273

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

Florida West International Regulatory Docket No. FAA-2011-0196 Airways, Inc.

for an exemption from § 121.689(a)(6) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter received March 2, 2011, Mr. John Maloney, Director of Operations, Florida

W est International Airways, Inc. (Florida West), P.O. Box 025752, Miami, Florida 33102- 5752, petitioned the Federal Aviation Administration (FAA) on behalf of Florida West for an exemption from § 121.689(a)(6) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Florida West to use a minimum fuel supply designated in kilograms on its flight release forms, consistent with the unit of measurement used in the aircraft’s fuel system and weight and balance calculations.

The petitioner requests relief from the following regulation:

Section 121.689 prescribes, in pertinent part, that the flight release form for supplemental operations must list the minimum fuel supply in gallons or pounds.

The petitioner supports its request with the following information:

The petitioner states that its flight plans, aircraft fuel gauges, and weight and balance system use kilograms as the unit of measure. The petitioner further states that by providing the minimum fuel supply on the flight release form in kilograms, all fuel data related to a flight will be in the same unit of measurement, which will eliminate the possibility of the use of an improper fuel load.

AFS-11-207-E2

The petitioner states that per 49 U.S.C., it is “the duty of an air carrier to provide service with the highest possible degree of safety in the public interest.” According to the petitioner, requiring fuel information in pounds when the aircraft fuel system, weight and balance system, and all fueling operations are done in kilograms introduces erroneous information into the system. In practice, the petitioner states this situation creates the risk of an aircraft taking off with the incorrect fuel load. Eliminating the possibility of an airplane having an incorrect fuel load by allowing the petitioner to list the minimum fuel supply on the flight release in a unit of

measurement that is consistent with the fuel system in the airplane decreases that risk and enhances safety.

A summary of the petition was published in the Federal Register on March 24, 2011 (76 FR 16653). No comments were received.

The FAA’s analysis is as follows:

Section 11.81 requires that a petitioner seeking an exemption must provide the reasons why granting the exemption would be in the public interest, and the reasons why granting the exemption would not adversely affect safety. The FAA finds that granting this exemption would be in the public interest because it would decrease the possibility that an airplane would take off with the incorrect fuel load. By eliminating the need to convert from kilograms to pounds in order to satisfy the requirements of § 121.689(a)(6), the chances of an error occurring in fuel load are decreased. The FAA further finds that granting this exemption would not adversely affect safety. In fact, safety could be enhanced by performing weight and balance calculations using units of the same weight, by eliminating the conversion between different units of measure. Section 121.687(a)(5) for domestic and flag operations does not specify the minimum fuel supply be stated in any particular unit of weight. Civil Aviation Regulations (CAR) §§ 40.203 and 42.503 were the precursor to 14 CFR §§ 121.687 (Domestic and Flag Operations) and 121.689 (Supplemental Operations). These regulations specified “Minimum fuel supply in gallons or pounds.” CAR § 42.503 stated “Minimum fuel in gallons or pounds,” while historical notes in the CAR § 42.503 file stated “minimum fuel.” In the historical notes during adoption of §§ 121.687 and 121.689, it was proposed that both regulations state the requirement only for “minimum fuel”; however, § 121.689 was never amended to reflect that wording. Therefore, granting this exemption would not adversely affect safety.3

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest and would not adversely affect safety. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to m e by the Administrator, Florida West International Airways, Inc., is granted an exemption from 14 CFR § 121.689(a)(6) to the extent necessary to allow Florida West to use a minimum fuel supply designated in kilograms on its flight release forms, consistent with the unit of measurement used in the aircraft’s fuel system and weight and balance calculations, subject to the conditions and limitations listed below.

Conditions and Limitations

1. Provide pound/kilogram and kilogram/pound conversion tables to all personnel involved with flight planning, fuel, and cargo loading of aircraft configured using kilograms as a weight measure.

2. Assure all crewmembers and persons who prepare fueling and weight and balance forms are trained in kilogram and pound conversion tables.

3. Operations manuals must include procedures for cross checking correct kilogram/pound and pound/kilogram-converted weights prior to takeoff.

This exemption terminates on May 31, 2013, unless sooner superseded or rescinded.

Issued in Washington, D.C., on May 24, 2011.

/s/ Raymond Towles Acting Director, Flight Standards

Service .