AFS-12-173-E 

July 9, 2012 

 Exemption No. 10583 

 Regulatory Docket No. FAA-2012-0053 

Mr. Robert T. Wedlake, Jr. 

Director of Ops Technical 

Omni Air International 

3303 North Sheridan Road 

Tulsa, OK 74115 

Dear Mr. Wedlake: 

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 December 29, 2011, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Omni Air International (Omni Air) for an exemption from § 121.652(a) 

and (c) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would 

permit a pilot in command (PIC) conducting operations under part 121 to perform an 

instrument approach procedure to the weather minima prescribed by this exemption during 

the first 100 hours of service as PIC, in the type of airplane he or she is operating, using an 

alternative means approved by the Administrator to satisfy the requirements of § 121.652(a) 

and (c). 

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 Omni Air. 

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. 5549, as amended (copy 

enclosed), the FAA found that to ensure equivalent or greater level of safety than that 

intended by § 121.652, only certain head-up displays (HUD) and autoland systems, used with 
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appropriate instrument flight and crew procedures and at appropriate airports and runways, 

should qualify for the credit. 

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

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 5549; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 5549 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Omni Air International an exemption from 

14 CFR § 121.652(a) and (c) to the extent necessary to permit a PIC conducting operations 

under part 121 to perform an instrument approach procedure to the weather minima 

prescribed by this exemption during the first 100 hours of service as PIC, in the type of 

airplane he or she is operating, using an alternative means approved by the Administrator to 

satisfy the requirements of § 121.652(a) and (c), subject to the conditions and limitations 

described below. 

Conditions and Limitations 

1. General. To use either Category I or Category II instrument approach procedure weather 

minimums under any provisions of this exemption a certificate holder must ensure that its 

flightcrew training and qualification program meets the following general requirements: 

a. Suitable low visibility instrument approach, landing, and missed approach scenarios 

are included in flight training using the applicable airborne system and appropriate 

training devices or simulators for those scenarios. 

b. Specific approval by the certificate holder's principal operations inspector to use this 

exemption is obtained for each aircraft type. 

2. Category I, specific. A PIC with fewer than 100 hours as PIC in the airplane being 

operated may be authorized to use the lowest applicable Category I instrument approach 

minimums for a particular runway and instrument approach procedure if each of the 

following conditions is met: 

a. The PIC and other required flightcrew members are trained and qualified for Category 

II or Category III, or are trained to an equivalent level with respect to the airborne 

system use, ground facility use, associated procedures, and any other relevant topics. 
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b. The aircraft and associated airborne systems are eligible for Category I or II for that 

operator when the certificate holder's approved training program incorporates the use 

of an approach coupler or a HUD system that provides flight guidance information to 

decision height. 

c. The approach coupler or HUD system is used for the approach to decision height or 

until initiation of a missed approach. 

d. The flightcrew must use appropriate instrument approach procedures for Category II 

or III, or equivalent instrument approach procedures acceptable to the Administrator. 

e. Category I instrument approach procedures or landings will not be initiated when the 

weather conditions are below 4,000 runway visual range (3/4 mile visibility) and the 

cross-wind component exceeds 15 knots combined with a braking action report of less 

than "good." 

3. Category II, specific. A PIC with fewer than 100 hours as PIC in the airplane being 

operated may conduct Category II operations in accordance with Operations 

Specifications paragraph C059 if each of the following conditions is met: 

a. The PIC has at least 300 hours as a PIC or second in command in a turbojet airplane. 

b. The PIC and other required flightcrew members are trained and qualified in Category 

II or III instrument approach procedures, and use those procedures appropriately. 

c. The aircraft and associated airborne systems are approved for Category III for the 

certificate holder, or for Category II for the certificate holder using an approach 

coupler and an autoland system or HUD which provides flight guidance information to 

decision height. 
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 d. The approach coupler and autoland system or HUD is used for the instrument 

approach procedure and landing or until initiation of a missed approach. 

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/S/ 

John M Allen 

Director, Flight Standards Service 

Enclosures