AFS-14-265-E

Exemption No. 11904

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

FEDERAL EXPRESS Regulatory Docket No. FAA-2014-0275

CORPORATION

 

for an exemption from § 121.463(c) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

 By letter dated April 22, 2014, Mr. J. Mark Hansen, Lead Counsel for Regulatory Affairs, 

Federal Express Corporation (FedEx), 3620 Hacks Cross Road, Building B, 3

rd Floor, 

Memphis, TN 38125 petitioned the Federal Aviation Administration (FAA) on behalf of 

FedEx for an exemption from § 121.463(c) of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would allow the aircraft dispatchers of FedEx 

the ability to use a single Line Oriented Flight Training (LOFT) event, including pre-LOFT 

and post-LOFT briefing events, to meet the annual dispatcher operating familiarization

requirements of § 121.463(c).

The petitioner requests relief from the following regulation:

Section 121.463(c) states, 

No certificate holder conducting domestic or flag operations may use any person, nor 

may any person serve as an aircraft dispatcher unless within the preceding 12 calendar 

months the aircraft dispatcher has satisfactorily completed operating familiarization

consisting of at least 5 hours observing operations under this part, in one of the types of 

airplanes in each group to be dispatched. This observation shall be made from the flight 

deck or, for airplanes without an observer seat on the flight deck, from a forward 

passenger seat with headset or speaker. The requirement of paragraph (a) of this section 

may be reduced to a minimum of 2 1⁄2 hours by the substitution of one additional takeoff 
2

and landing for an hour of flight. The requirement of this paragraph may be satisfied by 

observation of 5 hours of simulator training for each airplane group in one of the 

simulators approved under § 121.407 for the group. However, if the requirement of 

paragraph (a) is met by the use of a simulator, no reduction in hours is permitted.

The petitioner supports its request with the following information:

The petitioner states that the relief requested by FedEx is similar to a proposed amendment to 

14 CFR part 121 published by the FAA in the “Qualification, Service and Use of 

Crewmembers and Aircraft Dispatchers” Supplemental Notice of Proposed Rulemaking

(SNPRM) (76 FR 29429, May 20, 2011). The petitioner explains that, although the provision

was not adopted in the final rule, the FAA proposed to allow a dispatcher to meet operating 

familiarization requirements by observation of simulated flight time during a LOFT session or 

advanced qualification program (AQP) equivalent training in a full flight simulator (FFS). 

The petitioner points out that the SNPRM proposed to allow the crediting of pre-LOFT and 

post-LOFT briefing time toward the 5-hour requirement. FedEx requests this exemption to 

permit briefing time to count toward the overall time used to meet the 5-hour requirement of 

§ 121.463. 

The petitioner highlights that the relief requested is only for dispatchers observing LOFT as 

part of annual recurrent training. The petitioner emphasizes that, with the exception of those 

few FedEx dispatchers with documented health issues, its dispatchers will not use LOFT 

observation to meet the annual dispatcher operating familiarization requirements of 

§ 121.463(c) in two successive years. 

The petitioner states that, under the FedEx AQP, LOFT is a 6.5 hour training event, composed 

of a 2-hour briefing before entering the simulator, a 4-hour simulator training event, and a 30-

minute debrief after the simulator ride. The petitioner describes LOFT as a simulator event 

allowing the flightcrew to practice the technical and Crew Resource Management (CRM) 

skills appropriate to fulfilling job requirements in a full mission scenario environment. The 

petitioner expresses its belief that briefing time should count toward the 5-hour requirement

because of the value of the material covered and because, otherwise, the dispatcher would 

have to observe two LOFT simulator events (totaling 8 hours) to meet the 5-hour requirement. 

The petitioner states that allowing aircraft dispatchers to use a single LOFT event, including 

pre-LOFT and post-LOFT briefing events, to meet the annual dispatcher operating

familiarization requirements of § 121.463 will have no adverse effect on public safety and will 

provide a higher quality of training. The petitioner contends that § 121.463 represents a 

decrease in the quality of training relative to an AQP program because the current § 121.463

requires only that the dispatcher sit in a simulator for five hours with no mandatory list of 

items that must be observed. The petitioner asserts that observing a complete LOFT evolution

will afford the dispatcher a well-rounded observation of all aspects of a successful flight 

operation. 
3

The petitioner states that a grant of exemption is in the public interest because it would 

enhance the dispatcher’s quality of training. The petitioner emphasizes that the current rule 

does not define what must be included when the dispatcher’s operating familiarization 

requirement is met through use of a simulator. The petitioner asserts that observing a 

flightcrew on an AQP-governed simulator ride will expose the dispatcher to “a myriad of 

normal, non-normal, and emergency situations, some of which are rarely, if ever, seen on the 

line.” 

A summary of the petition was published in the Federal Register on June 13, 2014, 

79 FR 33991. No comments were received.

The FAA's analysis is as follows:

The FAA has determined that allowing FedEx dispatchers to use observation of LOFT to meet 

the operating familiarization requirements of § 121.463(c) would not adversely affect safety

and would be in the public interest because it would enhance the operating familiarization

experience by exposing dispatchers to a wider variety of operational scenarios and interactions

they may encounter in actual operations. 

Under the FedEx AQP, a LOFT event is a 4-hour simulator training session with a 2-hour 

briefing before entering the simulator and a 30-minute debrief after the simulator ride. LOFT 

is a type of line operational simulation that should contain scenarios of real-world line 

operational situations which progress in real time without instructor interruption or 

instruction. The FAA highlights that LOFT gives flightcrew members the opportunity to 

practice line operations (e.g., maneuvers, operating skills, systems operations, and the 

operator's procedures) with a full flightcrew in a realistic environment. In LOFT, flightcrew

members learn to handle a variety of real-time scenarios that include routine, abnormal, and 

emergency situations. Additionally, flightcrew members learn and practice CRM skills, 

including crew coordination, judgment, decision making, and communication skills.

In consideration of the information above, the FAA agrees with the petitioner that observing 

LOFT will afford the dispatcher a well-rounded observation of the aspects of flight operations. 

The FAA finds that observation of LOFT would expose FedEx dispatchers to events and 

discussion that may otherwise not be observed on the flight deck of an aircraft used during 

actual operations or during simulated training that can be used to satisfy the requirements of 

§ 121.463(c). The FAA finds the situations and scenarios provided in LOFT allow the aircraft 

dispatcher to observe simulated, non-routine events under conditions that are representative of 

actual line operations. In addition, the aircraft dispatcher can observe the importance of 

interaction with and between the pilots during irregular operations that may not be observed 

through a standard 5-hour familiarization observation. Based on these benefits, the FAA finds 

that a grant of exemption would not adversely impact safety. 
4

Section 121.463(c) requires that each aircraft dispatcher complete recurrent operating

familiarization every 12 calendar-months in one type of aircraft from each aircraft group in 

which the aircraft dispatcher is qualified to dispatch. In addition, § 121.463(d) requires that 

each aircraft dispatcher be “...familiar with all essential operating procedures for that segment 

of the operation over which he exercises dispatch jurisdiction.” The FAA finds that recording

the details outlined in subparagraphs 4(a) through 4(i) of this exemption will provide a 

mechanism for the FAA inspector as well as the operator to verify the duration of the LOFT 

and associated briefings and to ensure the dispatcher achieves well-rounded operating

familiarization in regard to aircraft group and routes for which he or she exercises operational 

control. 

The FAA finds that observation of LOFT (including the pre-LOFT briefing and post-LOFT 

debrief) would expose aircraft dispatchers to events and discussion that may not be observed 

on the flight deck of an aircraft during normal operations or during other simulator training 

that can be used to satisfy the requirements of § 121.463(c). Accordingly, it is in the public 

interest to allow FedEx aircraft dispatchers to satisfy the requirements of § 121.463(c) through 

LOFT.

The FAA’s Decision

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, 

delegated to me by the Administrator, FedEx is granted an exemption from 

14 CFR § 121.463(c) to the extent necessary to allow FedEx to use a single LOFT event, 

including pre-LOFT and post-LOFT briefing events to meet the annual dispatcher operating

familiarization requirements of § 121.463, subject to the conditions and limitations listed 

below.

Conditions and Limitations

1. The LOFT must be part of either a FedEx AQP approved in accordance with 

§ 121.909 or must meet the requirements of § 121.409(b)(2)(ii) and be part of a 

FedEx training program approved in accordance with § 121.401.

2. The observed LOFT must take place in an FFS approved for use in a FedEx 

training program in accordance with § 121.407.

3. When LOFT is substituted for the recurrent operating familiarization requirements, 

it must take place in one of the aircraft types for each group to be dispatched by the 

aircraft dispatcher. The aircraft dispatcher must observe all of the following:

a. The entire pre-LOFT briefing. The pre-LOFT briefing must be one hour 

minimum in duration.
5

b. At least four hours of training time in the FFS that includes flight deck 

preparation, preflight activities, crew briefings, and interactions with flight 

dispatch and other ground agencies.

c. The entire post-LOFT briefing.

4. FedEx must record the information required by subparagraphs 4(a) through 4(i) of 

this exemption for each aircraft dispatcher who completes operating familiarization

in accordance with this exemption. This information must be complete and 

retained as part of the aircraft dispatcher’s training records as required by 

§ 121.683. The information must include at least the following:

a. Aircraft dispatcher’s full name

b. Aircraft dispatcher’s certificate number

c. LOFT instructor’s name

d. Date of LOFT

e. Pre-LOFT briefing time start and end

f. LOFT time start and end

g. Type of aircraft used in LOFT

h. Airports used in LOFT

i. Signature block for instructor 

5. Observation of LOFT in lieu of observation from the observer seat on the flight 

deck or from a forward passenger seat during flight may only be used to satisfy the 

requirements of § 121.463(c) in accordance with this exemption once within the 

preceding 24 calendar months, unless otherwise authorized by the Air 

Transportation Division for physical or other limitations.

This exemption terminates on 31 July, 2017, unless sooner superseded or rescinded.

Issued in Washington, DC, on .

/s/

John S. Duncan

Director, Flight Standards Service