AFS-13-095-E December 18, 2013

Exemption No. 10906 Regulatory Docket No. FAA-2012-1255

Mr. Dennis Manibusan Air Transport International, Inc.

145 Hunter Drive Wilmington, OH 45177

Dear Mr. Manibusan:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated November 2, 2012 and amended letter dated November 29, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Air Transport International, Inc. (ATI), for an exemption from §§ 121.613, 121.619(a), and 121.625 of Title 14, Code of Federal Regulations (14 CFR) 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.

On August 26, 2013 you were informed by the FAA that 14 CFR § 121.619(a) was applicable to domestic operations and your operation was supplemental. You asked us to amend your exemption request to remove 14 CFR § 121.619(a). This grant reflects that change.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to ATI.2

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8432 (copy enclosed), the FAA found that ABX Air, Inc. could continue to release 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.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed Grant of exemption No. 8432;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8432 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

The FAA has modified and supplemented the conditions and limitations previously granted to ABX Air, Inc. in Exemption No. 8432 in the context of your specific request. 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. The following outlines the nature of the modifications to the conditions and limitations.

In Condition No. 1, the FAA has added the training requirements found in part 121, Subpart N: §§ 121.400, 121.401, 121.403 through 121.406, 121.415, 121.418, 121.422, and 121.427. To add a level of safety at least equal to that provided by the rule, the FAA requires ATI’s aircraft dispatchers to be trained in accordance with the conditions and limitations. ATI utilizes a flight following system with multiple locations, and by adding the above training requirements ATI’s aircraft dispatchers will be trained to the same requirements of a domestic carrier. As noted in Exemption No. 8432, the FAA found that a level of safety at least equal to that provided by the rule could be maintained by those certificate holders who operate under the domestic rules of part 121, which includes the use of a dispatch system.

In Condition No.5, the FAA added the text “unle ss considering the fuel planning requirements in § 121.647” for clarity to outline the additional regulatory fuel planning requirements in addition to the ones listed already.

Finally, the FAA removed Condition No. 8 as the term BECMG is no longer used by the National Weather Service (NWS), and the condition no longer applies.

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Air Transport International, Inc., an exemption from §§ 121.613 and 121.625 to the extent necessary to release airplanes under instrument flight3

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 conditions and

limitations described below.

Conditions and Limitations:

1. Before conducting operations under this exemption, ATI must have its operations specifications amended and comply with all the regulations applicable to domestic air carrier operations, except those pertaining to the certification of air carriers.

The applicable regulations are as follows:

a. Part 65: ATI must ensure that its aircra ft dispatchers hold aircraft dispatcher certificates issued under subpart C of part 65 and are properly qualified under part 121, Subpart P before permitting those persons to serve in operations conducted under this exemption.

b. Part 121, Subpart E: All sections in Subpart E.

c. Part 121, Subpart G: § 121.135.

d. Part 121, Subpart M: §§ 121.385 and 121.395.

e. Part 121, Subpart N: §§ 121.400, 121.401, 121.403, 121.404, 121.405, 121.406, 121.415, 121.418, 121.422, and 121.427.

f. Part 121, Subpart P: All sections in Subpart P.

g. Part 121, Subpart T: §§ 121.533, 121.541, 121.551, 121.555, 121.557, and

121.569.

h. Part 121, Subpart U: §§ 121.593, 121.599, 121.601, 121.607, 121.619, 121.627, 121.635, 121.637, 121.639, 121.659, and 121.663.

i. Part 121, Subpart V: §§ 121.683, 121.685, 121.687, 121.695,

and 121.711.

2. Except as provided in § 121.637 for unlisted airports, ATI must conduct its supplemental air carrier operations under this exemption to, from, or between those regular, provisional, refueling, and alternate airports that are listed in its operations specifications or that are listed in a separate current listing, if that listing is referenced in the operations specifications and is authorized by the Administrator.4

3. ATI must conduct the supplemental air operations permitted under this exemption only in the 48 contiguous United States and the District of Columbia.

4. For operations conducted under this exemption, ATI must list one additional alternate airport in the flight release whenever the aviation routine weather report (METAR), terminal area forecast (TAF), or any combination thereof for the destination airport or first alternate airport indicate, by the use of conditional words

in the remarks sections of such METAR or in the one or more time increments of the TAF, that the forecast weather conditions for the destination airport 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 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. The forecast weather conditions at the destination airport must not be less than one-half of the lowest weather minimum visibility value established for the instrument approach procedure expected to be used at the destination;

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

c. With respect to the second alternate airport listed in the flight 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 ATI’s operations specifications for that airport.

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

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

b. Thereafter, to fly to and land at the most distant alternate airport for the airport to which it is released, taking into consideration the anticipated air traffic control routing; and5

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

6. Each ATI pilot in command, while en route, must ensure by way of air-to-ground communication with ATI’s flight following center and other appropriate facilities, that the flight crew is receiving the most current METAR and TAF for the destination airport and the alternate airports. The pilot in command must use this current weather information when making a decision to proceed to an alternate airport for landing.

7. ATI must ensure that the conditions and limitations of this exemption are included in its approved manual(s) for the use and guidance of its flight and ground operations personnel.

This exemption terminates on January 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service

Enclosure