Legal Department 3620 Hacks Cross Road Building B, 3rd Floor Memphis, TN 38125 US 

# N&CO

Express

May 28, 2015

VIA TRANSMITTAL & FEDEX OVERNIGHT LETTER

U.S. Department of Transportation Docket Operations 1200 New Jersey Avenue, SE West Building Ground Floor, Room W12-140 Washington, DC 20590-0001

To Whom It May Concern:
Federal Express Corporation hereby submits the attached Petition for Exemption for relief from a portion of 14 C.F.R. § 121.619 (a) as it pertains to the requirement for an alternate airport for destination for domestic air carrier operations, as more fully described herein.

submitted,

J. Mdrk Hansen ad Counsel - Regulatory Affairs Federal Express Corporation

# Federal Express Corporation

FDEA140A Petition for Exemption to 14 C.F.R. §§ 121.619(a)(1) and (a)(2)

May 28, 2015Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corpozation

May 28, 2015 Page 1 of 11


### Summary

Federal Express Corporation (hereinafter referred to as FedEx), with air carrier operating certificate FDEA140A, petitions the Administrator for relief from a portion of 14 C.F.R. § 121.619(a)(1) and (a)(2), in order to conduct domestic flight operations utilizing a different methodology to determine the need for an alternate airport for destination. This method seeks to take credit for FedEx's low landing minimums program, highly advanced real

- time weather products, the in

- house FedEx meteorology department, and FedEx's advanced flight monitoring and flight - planning systems.

This petition, if awarded, would lower the minimum domestic no

- alternate required ceiling from 2,000 feet, to 1,000 feet. This petition would lower the minimum domestic no alternate required visibility from 3 statute miles down to 2 statute miles visibility.

This petition would grant to FedEx relief from FAR § 121.619 such that no alternate would be required for a domestic flight operation if for at least one hour before and one hour after the estimated time of arrival, the appropriate forecasts or reports indicate the ceiling will be at least 1000 feet and the visibility will be at least two statute miles. Furthermore, the destination airport must have at least a suitable Category II ILS approach, and the flight crew must be qualified to shoot a CAT II Approach.Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 2 of 11
In accordance with the provisions of 14 C.F.R. § 11.63, Federal Express Corporation petitions the Administrator for an exemption from 14 C.F.R. § 121.619(a)(1) and (a)(2).



### AfEected FAR Sections: Sec. 121.619 — Alternate airport for destination: IFR or over

- the

- top: Domestic operations. (a) No person may dispatch an airplane under IFR or over

- the

- top unless he lists at least one alternate airport for each destination airport in the dispatch release. When the weather conditions forecast for the destination and first alternate airport are marginal at least one additional alternate must be designated. However, no alternate airport is required if 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— (1) The ceiling will be at least 2,000 feet above the airport elevation,' (2) Visibility will be at least 3 miles.


### Requested Relief. FedEx is requesting to reduce the weather required for not naming a destination alternate for domestic air carrier operations from the current FAR requirement of at least 2,000 feet ceilings and three statute miles visibility to a 1,000 foot ceiling and two statute miles visibility, based on the following additional requirements: • This exemption, if granted, would only apply to destination airports within the 48 contiguous United States and the District of Columbia. • Each dispatcher must have a system to display the actual location of each flight and current, significant weather. • The dispatch facility must have a system to automatically alert the dispatcher to a change in forecast weather conditions or a special weather update. • FedEx must maintain Operations Specifications CO59 – Category II Instrument Approach and Landing Operations and C060 - Category III Instrument Approach and Landing Operations. • At the time of dispatch the aircraft must be at least Category II ILS capable. • The captain must be off of "high

- minimums" of 14 C.F.R. § 121.652, or the captain must be eligible to have FedEx Exemption 5549 1 applied. • The intended destination must have at least one suitable CAT II ILS approach. • The forecast crosswind components are within the limitations as specified in the FedEx 

### Fligh t Opera tions Man ual.

1 Exemption from FAR 121.652 (a) &(c) and OpSpec CO54 a. Authorizes FedEx Captains during first 100 hrs PIC (High Minimums), to fly to the lowest published ILS CAT I or CAT II minimums under specific conditions. Allows substitution of crosswind component and braking action along with a requirement to use autopilot and/or autoland system.Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 3 of 11

• This exemption may not be applied when the Mandator,pAlternate Policyof the FedEx Flight Operations Manual applies. • The exemption may not be used if thunderstorms are forecast in the main body or conditional language of the weather report or forecast from one hour before to one hour after the estimated time of arrival. • The operation will use a qualified aircraft dispatcher. • FedEx will maintain a system to track and trend flight diversions and reasons for any diversion.



### Justification: FAR § 121.619, commonly referred to as the 1-2-3 rule, allows dispatch to a destination airport without an alternate named only if the forecasted destination weather or other reports indicate the ceiling will be at least 2,000 feet and a visibility of at least three miles for the period of one hour before and one hour after the estimated time of arrival. This regulation assumes this level of weather will still provide an adequate margin for the crew to perform an IFR letdown to the stipulated weather conditions. However, the current rule, unlike for flag flight operations 2 , does not set a minimum margin between the weather requirements of the rule and the available instrument approach procedures to trigger when a destination alternate airport is required. Depending on the available approach, the margin may be as high as 1,800 feet and 2-1/2 statute miles visibility if the airport has a CAT I approach to no margin at all if the available approaches require a ceiling of 2,000 feet height above threshold and three statute miles visibility.

Most of FedEx scheduled domestic destination airports within the U.S. have at least one CAT II/III ILS.

FedEx believes advances in all

- weather aircraft capability, improved weather forecasting capability, improved flight crew training to be able to conduct low minimums approaches, advances in weather products and their improved flight monitoring capability makes this a safer operation along with the minimum weather margin.

2 See, generally, § FAR 121.621(a)(1)(i) —(a)(1)(iii)Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 4 of 11


### Improvemen ts in All Wea ther Capability

When FAR § 121.619 was published in 1964, the lowest approach categories were at best a 250 foot decision height and 3 / statute miles visibility. Few aircraft had the requisite avionics with landing or guidance systems capable of operations to touchdown. Plus, most operators did not have the flight simulators capable of training crews in such operations without requiring the actual aircraft to complete the check ride. Dispatcher fli.ght following was limited to aircraft position reports and textual weather reports. Graphical weather products were large facsimile reports, or maps based on dot matrix printing. There was no ability to overlay actual aircraft positions along with significant weather prognostic charts, radar summaries, or any of the other weather products now available to today's aircraft dispatcher.

The entire FedEx fleet is capable of landing down to CAT III minimums. The lowest approach capability in the FedEx fleet is an RVR of 300 feet and a 100 foot alert height 3 . Both dispatchers and flight crew are required to demonstrate proficiency with the requirements of low minimums operations as a part of their annual training requirements.

FedEx recognizes the majority of weather diversions are caused by thunderstorm activity during the spring and summer months. While the lowering of the ceiling and visibility when an alternate is required could increase the exposure to "pop

- up"

non

- frontal airmass thunderstorms during those times when convective activity is common, dispatchers typically will list an alternate airport for destination when thunderstorms are in the forecast, even if the ceilings and visibility are forecast to be above the 2,000 feet ceilings and the three miles visibility required of § 121.619. Therefore, FedEx believes it to be appropriate to prohibit the use of the proposed exemption when thunderstorms are in the forecast.

FedEx believes the greatest potential that could be gained from this exemption 

### will be during the winter months when it is very common for prolonged periods of broken to overcast clouds to form and persist in between 1,500 and 2,000 feet. Visibility under these layers of clouds is typically very good. With the all

- weather capability of the FedEx fleet, these conditions pose no hazard to the safety of flight, nor do they reduce the probability of completing the operation to the scheduled destination.

The advanced technology now commonly found on most transport category aircraft combined with the improvements in aviation weather forecasting, advanced flight

3 FedEx Operations Specifications C060, Category III Instrument Approach and Landing Operations. The B757-200, MD10, MD11, B767F and B777F aircraft can initiate an approach down to the RVR 300 feet minimum.Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 5 of 11
monitoring techniques, and real

- time weather reporting and airport landing systems, provide for a safe operation into conditions much lower than the proposed reduction in the weather requirements for the determination of the need for a destination alternate. As previously stated, the entire FedEx fleet has been certified to conduct approaches to Category III conditions. Furthermore, Dispatchers are required by regulation to take into account all factors of the flight when determining fuel and alternate requirements 4

. 

### FedEx Sy,stem Completion Factor

During 2014, FedEx operated over 170,000 flights within the domestic system, with a total of 448 diversions for weather. We collect and analyze many different sources of data to monitor and fine tune our flight planning methods, and we are continually adjusting our operations based on the trends these analyses show. We track and categorize reasons flights divert, whether it is mechanical, a service - related issue, weather, or any number of other reasons. When weather related diversion reasons are singled out, the data reveals there is approximately a 0.26% chance a flight will divert due to unforecast adverse weather conditions at the intended arrival airport.



### The FedEx EWINS System

The FedEx Meteorology department is EWINS (Enhanced Weather INformation System) certified by the FAA and is the primary source of Flight Movement Forecasts (FMFs) for domestic and international flight operations when provided. The Meteorology department uses a computer based data collection system which gathers weather reports and integrates them with real

- time satellite and radar data, upper air winds, SIGMETs and other conventional aeronautical weather data which is used to prepare FMFs and forecasts of adverse weather phenomena. This information is available to aircrews and aircraft dispatchers directly from the Meteorology department through a data communications system (mainframe), an internal web

- based interface, facsimile, or in

- flight through air/ground networks. At foreign locations or U.S. military airports, the foreign/state weather service must subscribe to the standards and practices of ICAO Conventions as well as any U.S. military weather reporting sources. Except when superseded by FedEx forecasts, the primary sources for weather data for FedEx flight operations are the National Weather Service (NWS) or sources approved by the NWS, foreign States, or the Department of Defense 5

. In addition to all of the above weather assets, FedEx dispatchers can always talk in person to a qualified meteorologist who is always on duty in the dispatch facility.

4 See, generally, 14 C.F.R. § 121.647, Factors for Computing Fuel Required.

5 FedEx Operations Specifications A010(a), Aeronautical Weather Data.Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page6of11


### Fligh t Planning an d Moni toring Tools

FedEx dispatchers use a program called SABRE Flight Explorer 6 to overlay up to 10 weather overlays (out of a menu of over 130 different graphical weather products) on a map which contains their current aircraft locations (within three minutes of real time). The aircraft locations come from either the FAA, through the Volpe National Transportation Systems Center for flights within US controlled airspace, or the Flight Explorer datafeed for flights outside US Airspace. Plus, each ACARS installation on each ACARS

- installed aircraft sends automated position reports to the company every 30 minutes, with the exception of the B777, which transmits a position report over every fix along the route. The Flight Explorer system is further integrated within the flight planning system to where a dispatcher can design a route of flight, and can display it on their Flight Explorer screen. Dispatchers can view nearly all IFR traffic in the National Airspace System, not just FedEx traffic. Through Flight Explorer, dispatchers can retrieve current RVR data for airports. Flight Explorer is able to display not just the filed flight plan, but the ATC

- assigned flight plan as well.

FedEx Aircraft Dispatchers use an internally

- developed Flight Planning System (FPS). The FPS uses the Jeppesen JetPlan flight planning engine to generate down - to

- the

- pound accurate flight plans. The FPS contains, amongst other databases for navigation and flight performance, as well as specific engine fuel bias data for each aircraft in the FedEx fleet, so flight plans are tailored to the actual specific fuel mileage of each individual aircraft based on the tail number.

FedEx aircraft dispatchers' also use, as a component of the flight planning system, a program called Alert Messenger. Alert Messenger monitors the incoming stream of worldwide weather data and presents an alert to the dispatcher if the weather at one of his/her airports has changed (i.e., an airport to which the dispatcher has used to release a flight, whether it's a destination, an alternate, ETOPS airport, etc.), and that weather meets or is worse than certain thresholds. Through Alert Messenger dispatchers receive ACARS downlinks from aircraft, as well as instantaneous notification of events such as earthquakes, tsunamis, SIGMETs & enroute NOTAMS, and space weather.

The dispatcher can use the FPS to query the weather database for the same data, as well as instantaneous Digital ATIS data for a number of airports worldwide.

FedEx maintains a significant system of ATC coordination, for the Alert Messenger system can alert a dispatcher of pre

- departure or en route National Airspace System constraints, e.g., Airspace Flow Program as well as ATC terminal area

6 This system is approved for use via Operations Specifications A008(a)(7), Operational Control.Petition for Exenlption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 7 of 11
initiatives such as ground stops and ground delay programs. All FedEx dispatchers have access to a qualified Air Traffic Coordinator, who has access to the Air Traffic Control System Command Center, as well as any ATC facility systemwide.



### FedEx Flight Communications Capabilities

ACARS or SATCOM are the primary means of en route company flight

- watch communications. However, FedEx also uses the services of Delta Air Lines Atlanta Radio, ARINC or other Long Distance Operational Control (LDOC) frequencies around the world. The FedEx communications system can provide the rapid and reliable communications capabilities to any aircraft aloft worldwide.



### FedEx Manda tory Domestic Alterna te Policy

FedEx has in its 

### Flight OperationsManual, a requirement to carry an alternate for domestic operations when any of the following conditions exist, regardless of forecast ceiling and/or visibility: • The crosswind component for the intended landing runway is forecast to be in excess of 25 kts, excluding gusts, for 1 hour before and 1 hour after the ETA. • The braking action is expected to be Poor at ETA. • The destination has no control tower or the tower will be closed at ETA. • The flight is scheduled to arrive at an unlighted airport less than 30 minutes before sunset or less than 30 minutes after sunrise. • Other conditions determined by the Captain or Aircraft Dispatcher. 7

FedEx has invested significant assets well above and beyond those required by FAR to properly plan and monitor all flight operations within the FedEx worldwide route
structure.


### Descriptions of Persons Covered By This Exemption Each qualified FedEx aircraft dispatcher and pilot in command would be covered by this exemption, if granted.


### No Adverse Effect on Public Safety As previously stated, the FedEx flight completion factor is very high. Few flights on an annual basis are diverted due to unforecast weather. However, there still needs to be a system in place to monitor flights in real

- time, along with the ability to for a dispatcher to directly monitor conditions enroute. FedEx has such a system. FedEx proposes the following minimum requirements in order to maintain an equivalent level of safety:

7 FedEx Flight Operations Manual, para. 3-37, Alternate Airport: General Weather Requirements: Domestic Operations, May 7, 2015.Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 8 of 11
• This exemption would apply only to destination airports within the 48 contiguous United States and the District of Columbia. • All operations conducted under this exemption will be conducted using a qualified dispatcher. • Each dispatcher will have a system to display the actual location of each flight under his control, as well as current, significant weather. • The dispatch facility must have a system to automatically alert the dispatcher to a change in the forecast weather conditions or a special weather update. • FedEx must maintain Operations Specifications CO59 — Category II Instrument Approach and Landing Operations and C060 - Category III Instrument Approach and Landing Operations. • At the time of dispatch the aircraft must be at least Category II ILS capable. • The captain must be off of the "high

- minimums" of FAR § 121.652, or the captain must be eligible to have FedEx Exemption 5549$ applied. • The intended destination must have at least one suitable CAT II ILS approach. • The forecast crosswind components are within the limitations as specified in the FedEx 

### Flight OperationsManual. • This exemption may not be applied when the 

### MandatoryAlternate Polieyof the FedEx 

### Flight Operations Manual applies. • The flight planning system must have the capability to expeditiously recompute the projected arrival fuel from a point aloft to the intended destination if conditions occur that negatively impact the flight. • The flight plan/release will contain a specific statement alerting the pilot in command the flight was released under this exemption, and include the exemption number, such as "RELEASED UNDER EXEMPTION XXXXX". • The exemption may not be used if thunderstorms are forecast in the main body or conditional language of the weather report or forecast from one hour before to one hour after the estimated time of arrival. • FedEx will maintain a system to track and trend flight diversions and reasons for any reason.

8 Exemption from FAR 121.652 (a) &(c) and OpSpec CO54 a. Authorizes FedEx Captains during first 100 hrs PIC (High Minimums), to fly to the lowest published ILS CAT I or CAT II minimums under specific conditions. The OpSpec Allows substitution of crosswind component and braking action along with a requirement to use autopilot and/or autoland system.Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 9 of 11



### Public Benefit FedEx believes a Grant of Exemption would be in the public interest for the following reasons: • The current state of § 121.619 does not require a minimum margin between approach capability at the destination airport and the FAR weather requirements. Based on the requirement to have at least one suitable and operational CAT II ILS approach, there will always be a margin of at least 900 feet ceilings, and 2-1/2 statute miles of visibility when a domestic flight is dispatched without an alternate airport for the destination. • Fuel consumption will decrease because fewer flights will require an alternate airport be named for the destination airport. This will result in an overall weight savings, which will provide more available payload for the shipping public. • Fuel consumption will decrease which means there will be fewer CO2 emissions from FedEx aircraft operating within the area covered by the Exemption. • All FedEx pilots maintain additional training to safely operate and use advanced navigation equipment installed in the aircraft. • All FedEx dispatchers will have access to state of the art flight tracking and weather monitoring tools well beyond those required by regulation for releasing or following a flight.



### Conclusions In the past few decades, there have been significant advancements in technology for weather forecasting, aircraft approach capability, flightcrew training, and flight following. Aircraft are now much safer to operate due to these advancements. For many years, FedEx has successfully dispatched and monitored flights with a very high reliability rate. FedEx and airport operators have created a network that supports the ability to operate aircraft safely and reliably into weather conditions with less than a 2,000-foot ceiling and 3 miles visibility. In consideration of these changes and based on the information provided in this petition, we believe it is prudent for the FAA to grant FedEx the requested exemption from FAR §121.619(a)(1) and (a)(2).



### Publication into the Federal Register FedEx furthermore requests action on this petition not be delayed for publication in the Federal Register so FedEx may start to take advantage of the Exemption, if granted. There are several domestic air carriers 9 which already have an equivalent exemption, so this petition for exemption has no precedential value.

9 See, generally, Exemption 8660 (as amended) for American Airlines, Exemption 8654 (as amended) for Southwest Airlines, Exemption 8653 (as amended) for United Air Lines.Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 10 of 11

Please contact Douglas K. Snow, FedEx Global Operations Control - Standards (GOCSTDS) at 

### douglas.snow@fedex.com , 901

- 397

- 8228 (office), 574

- 596

- 3514 (mobile), or J. Mark Hansen, Lead Counsel — Regulatory Affairs if you have any questions or require additional information.

incerel ,

% Fiea l k Hansen, Lead Counsel — Regulatory Affairs Express Corporation 3620 Hacks Cross Road, Building B, 31'd Floor Memphis, TN 38125

- 8800 

### jmhansen@fedex.com Office: 901-434-8583Petition for Exemption § 121.619(a)(1) &(a)(2) Federal Express Corporation

May 28, 2015 Page 11 of 11

CC: Capt Robert E. Fisher Bldg C, VP Flight Ops/Sys Chief Pilot Memphis, TN 38118 refisher@fedex.com 901

- 224

- 5525

Mr. Paul Tronsor Mng Dir — Global Operations Control 3865 Airways Blvd — Mod. F— 4th Floor Memphis, TN 38116 paul.tronsor@fedex.com 901

- 397

- 8462

Mr. Christopher S. Simons Mgr Global Operations Control 3865 Airways Blvd — Mod. F— 4th Floor Memphis, TN 38116 cssimons@fedex.com 901

- 397

- 8594

Mr. Stephen J Kuhar Sr Tech Advisor/Flight Bldg C, Flt Standards/Tech & AOD Memphis, TN 38118 sikuhar@fedex.com 901

- 224-5339 Capt Jim Bowman Bldg C, VP Flight Ops/Sys Chief Pilot Memphis, TN 38118 jlbowman@fedex.com 901

- 224

- 5640

Mr. J. Randy DiGirolamo Sr Mgr — Global Operations Control 3865 Airways Blvd — Mod. F- 4th Floor Memphis, TN 38116 'Zdigirolamo@fedex.com 901

- 397

- 8242

Mr. Hal J. Medling Federal Aviation Administration FedEx Certificate Management Office 2847 Business Park Dr, Bldg J Memphis, TN 38118 hal.j.medling@faa.gov 901-322-8600