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 September 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 requested 
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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 amendment 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; 
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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 must 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 exemption, and all of the conditions specified 

by Exemption No. 5549 are met. 
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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 Columbia 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 15TH 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; 
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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