AFS-12-027-E November 16, 2011

Exemption No. 10332A Regulatory Docket No. FAA-2011-0736

Mr. Casey Seabright Manager, Regulatory Compliance Delta Air Lines, Inc.

1010 Delta Boulevard Atlanta, GA 30320

Dear Mr. Seabright:

This letter is to inform you that we have amended Exemption No. 10332. It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision

By correspondence dated Septem ber 13, 2011, you requested an amendment to Exemption No. 10332. That exemption from § 121.619 of Title 14, Code of Federal Regulations (14 CFR) allows Delta Air Lines, Inc. (Delta) its certificated dispatchers, and its pilots in command (PIC) to dispatch aircraft to domestic airports without designating an alternate for the destination airport where for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport the appropriate weather reports or forecasts, or any combination of them, indicate the ceiling will be at least 1,000 feet above the airport elevation and visibility will be at least 3 statute miles for airports utilizing Category (CAT) I authorizations or the visibility will be at least 2 statute miles for airports utilizing CAT II or

CAT III authorizations.

In your request, you noted that Exemption No. 10332, as granted to Delta on August 17, 2011, appeared to be missing conditions and limitations relating to CAT I aircraft and crews.

The Federal Aviation Administration (FAA) has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested2

amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Delta.

Our Decision

The FAA agrees with Delta’s requested am endment to Exemption No. 10332. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition, subject to the revised conditions and limitations

listed below.

Conditions and Limitations

1. Before conducting operations under this exemption, Delta must obtain appropriate amended operations specifications (OpSpecs) that provide for operations under this exemption.

2. Operations under this exemption are limited to only those destination airports in the contiguous United States.

3. Operations under this exemption must use a current and qualified aircraft dispatcher.

4. Operations under this exemption are limited to only those airports at which an operable instrument landing system (ILS) procedure is published. Alternate minimums are predicated on the following table:

Alternate Minimums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required

Category I 1,000 feet above ground level (AGL) 3 statute miles

Category II 1,000 feet AGL 2 statute miles

Category III 1,000 feet AGL 2 statute miles

5. Before conducting operations under this exemption, Delta must demonstrate to the satisfaction of the FAA principal operations inspector (POI) assigned to the Delta Air Lines Certificate Management Office that:

a. Each Delta dispatcher has a system available to display the location of each flight within 3 minutes of real time;3

b. Each Delta dispatch facility has a system that provides its dispatchers with overlays of weather returns updated at least once every 5 minutes;

c. Each Delta dispatch facility has a system that provides its dispatchers with a display of the specific aircraft routing as assigned by air traffic control (ATC) and actual filed flight plan routing;

d. Each Delta dispatcher has a system available to display locations of other airborne aircraft including aircraft of other operators;

e. Each Delta dispatch facility has a system available that provides its dispatchers with a display of planned and actual fuel at regular intervals along the route and the difference between planned and actual fuel;

f. Each Delta dispatch facility has a system available that automatically alerts its dispatchers to special weather updates, changes in weather reports, forecasts and/or other significant weather-related reports, and ensures that these can be relayed to flightcrews in an expeditious manner;

g. Each Delta dispatcher is provided the capability to access the services of a qualified meteorologist approved by the POI whenever the dispatcher believes that consultation is necessary to ensure safety of operations under this exemption. The presence of an approved Enhanced Weather Information System program satisfies this requirement; and

h. The dispatch release will contain a statement for each flight dispatched under this exemption such as “ALTERNATE WEATHER EXEMPTION APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FLIGHT OPERATIONS MANUAL, GENERAL OPERATONS MANUAL, ETC.).” The certificate holder may choose to use other wording, if desired, but the meaning must be clear.

6. Delta must maintain CAT I (OpSpec C074)/CAT II/CAT III (OpsSpec C059) ILS approach authorization (as applicable) for those aircraft to which this exemption would apply, and each aircraft must have fully operating equipment needed for the appropriate CAT I/CAT II/CAT III ILS approach for that aircraft to operate under this exemption.

7. At the time of dispatch, the flightcrew mu st be qualified to conduct a CAT I/CAT II/ CAT III ILS approach to published minimums (as applicable). PICs with less than the requisite minimum hours specified in § 121.652 cannot be used in operations under this exemption, unless the operator also holds Exemption No. 5549, the PIC has been trained in accordance with the requirements of that ex emption, and all of the conditions specified by Exemption No. 5549 are met.4

8. Operations are not permitted under this exemption at any airport at which thunderstorms are reported or forecast from 1 hour before through 1 hour after the estimated arrival time if such reports or forecasts are in either or both the main body or the remarks section of the weather report or the weather forecast. Furthermore, Delta cannot use Exemption No. 3585 (as amended) issued to Air Transport Association of America, Inc., members (including Delta) or any subsequent exemption granting similar relief regarding any kind of forecast of thunderstorms at the destination airport in conjunction with any operation conducted under this exemption.

9. Each certificated Delta dispatcher and PIC, who conducts operations under this exemption, must be provided with a copy of pertinent parts of this exemption. Operations under this exemption are permitted by Delta dispatchers and Delta PICs but are not required.

10. Use of this exemption in operations to destinations outside the contiguous United States is prohibited. Delta is authorized to use this exemption in operations to airports within the 48 contiguous States and the District of Colu mbia from airports outside those boundaries provided Delta also holds OpSpec A012 and operations are conducted in accordance with the appropriate provisions of that OpSpec as they pertain to operations from airports listed

in Table I thereof.

11. Delta must provide the Administrator, by the 15 TH day of each month, reports that include the information listed below, during the preceding calendar month. The POI is authorized to delete this reporting requirement once Delta has conducted operations under this exemption satisfactorily for at least 24 continuous calendar months and sufficient data to thoroughly evaluate operational performance have been obtained.

Reports must contain the following information:

a. The total number of flights operated by Delta under domestic rules to destinations within the 48 contiguous States and the District of Columbia;

b. The total number of flights operated under this exemption, including those flights conducted under the appropriate provisions and limitations of OpSpec A012. For each flight operated, the dates; airport pairs; flight numbers; aircraft make, model, and serial number; trended or graphical summary of flight planned fuel vs. actual arrival fuel; and contingency fuel must be listed. Report format shall be in chronological order by fleet type;

c. The total number of flights that divert to an alternate airport;5

d. The total number of flights that divert to an alternate airport that are separated under this exemption, and the reason for each diversion, such as weather conditions, mechanical problem, fuel quantity, passenger problem, air traffic, crewmember, or any other reason. Delta must fully document each diversion;

and

e. The total number of Delta flights, operated under this exemption, that declare an emergency and the reason for such declaration, or during which flight a low fuel state occurs that results in actions being taken by ATC and/or dispatch to provide priority handling, even if no emergency is declared.

This exemption terminates on November 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service