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. 
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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 “unless 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 flight 
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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 aircraft 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. 
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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; and 
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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