AFS-11-400-E September 16, 2011

Exemption No. 10362 Regulatory Docket No. FAA-2011-0767

Mr. Rodney C. Ennis Director of Operations Capital Cargo International Airlines, Inc. 7100 TPC Drive, Suite 200 Orlando, FL 32822

Dear Mr. Ennis:

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 July 14, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Capital Cargo International Airlines, Inc. (Capital Cargo), for an exemption from §§ 121.613 and 121.625 of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would permit Capital Cargo to dispatch aircraft under instrument flight rules (IFR) when conditional language in a one-time increment of the weather forecast states that the weather at the destination airport, alternate airport, or both airports could be below the

authorized weather minimums when other time increments of the weather forecast state that

weather conditions will be at or above the authorized weather minimums.

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 Capital Cargo.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 5392, as amended (copy2

enclosed), the FAA noted that Grant of Exemption No. 3585, as amended, originally had provided relief from §§ 121.613 and 121.625 to air carriers conducting domestic operations under part 121. The FAA determined that granting FedEx similar relief would be in the public interest and would not adversely affect safety, provided FedEx operated under the rules applicable to domestic operations, including those related to the establishment and operation of a dispatch system.

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 Nos. 5392 and 3585;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 5392 and 3585 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 Capital Cargo International Airlines, Inc., an exemption from 14 CFR §§ 121.613 and 121.625 to the extent necessary to permit Capital Cargo to dispatch aircraft under IFR when conditional language in a one-time increment of the weather forecast states that the weather at the destination airport, alternate airport, or both airports

could be below the authorized weather minimums when other time increments of the weather forecast state that 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, Capital Cargo must have its operations specifications amended and comply with all regulations applicable to domestic air carrier operations, except those pertaining to the certification of air carriers. The applicable regulations are as follows:

14 CFR part 65: Capital Cargo must ensure that its aircraft dispatchers hold aircraft dispatcher certificates issued under subpart C of part 65 and are properly qualified under subpart P of part 121 before permitting those persons to serve in operations conducted under this exemption.

Part 121, Subpart E: All sections in subpart E.

Part 121, Subpart G: Section 121.135.

Part 121, Subpart M: Sections 121.385 and 121.395.

Part 121, Subpart P: All sections in subpart P.3

Part 121, Subpart T: Sections 121.533, 121.541, 121.551, 121.555, 121.557,

and 121.569.

Part 121, Subpart U: Sections 121.593, 121.599, 121.601, 121.607, 121.619, 121.627, 121.635, 121.637, 121.639, 121.659, and 121.663.

Part 121, Subpart V: Sections 121.683, 121.685, 121.687, 121.695, and 121.711.

2. Except as provided in § 121.637 for unlisted airports, Capital Cargo 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.

3. Capital Cargo must conduct the supplemental air carrier operations permitted under this exemption only in the 48 contiguous States and the District of Columbia.

4. For operations conducted under this exemption, Capital Cargo must list one additional alternate airport in the dispatch 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 section of such METAR or in 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 for an instrument approach 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 Capital Cargo’s operations specifications for that airport.

c. With respect to the second alternate airport listed in the dispatch 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 main4

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 Capital Cargo’s operations specifications for that airport; and

5. No person may dispatch or take off an aircraft, when operating under the terms of this exemption, unless the aircraft has enough fuel:

a. To fly to the airport to which it is dispatched;

b. Thereafter, to fly to and land at the most distant alternate airport for the airport to which it is dispatched, taking into consideration the anticipated air traffic control routing; and

c. Thereafter, to fly for 45 minutes at normal cruising fuel consumption.

6. Each Capital Cargo pilot in command, while en route, must ensure by way of air-to-ground communication with Capital Cargo’s dispatch center and other appropriate facilities, that the flightcrew 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. Capital Cargo 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.

8. Each becoming (BECMG) change indicator in the TAF that is “deteriorating” must be considered valid at the first minute of the BECMG period. Each BECMG change indicator in the TAF that is “improving” will not be valid until the last minute of the BECMG period of the TAF.

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

Sincerely,5

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosures