AFS-10-146-E

Jun 23 2010

Exem ption No. 10084 Regul atory Docket No. FAA-2010-0098

Mr. Michael Garvin, Jr. VP, Flight Operations Pinnacle Airlines, Inc. 1689 Nonconnah Boulevard, Suite 111 Memphis, TN 38132

Dear Mr. Garvin:

This letter is to inform you that we have granted y our request for exemption. It transmits our decision, explains its basis, and gives you the con ditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 27, 2010, you petitioned th e Federal Aviation Administration (FAA) on behalf of Pinnacle Airlines, Inc. (Pinnacle), fo r an exemption from § 121.619 of Title 14, Code of Federal Regulations (14 CFR). That exempti on, if granted, would allow Pinnacle, its certificated dispatchers, and its pilots in command (PIC) to dispatch flights to domestic airports at which 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 may be reduced from at least 2 ,000 feet to 1,000 feet above the airport elevation and visibility may be reduced from at lea st 3 statute miles to 2 statute miles.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested exemption would not set a pr ecedent, and any delay in acting on this petition would be detriment al to Pinnacle.

The FAA has issued a grant of exemption in circumst ances similar in all material respects to those presented in your petition. In Grant of Exem ption No. 8655 (copy enclosed), the FAA found that the accuracy of weather forecasts and th e ability to monitor the actual weather2

conditions have improved from the accuracy that was available in 1980. However, the FAA also found the weather forecasts are, on occasion, inaccurate compared to the actual weather. The FAA found that subject to certain conditions an d limitations, an exemption would provide a level of safety that is equivalent to tha t provided by the rule. Under the exemption, the FAA will closely monitor such things as each di version to any airport and each assignment of air traffic control priority.

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

• they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

• the reasons stated by the FAA for granting the encl osed exemption 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 an d 44701, which the FAA Administrator has delegated to me, I hereby grant Pinnacle Airlin es, Inc., Pinnacle’s certificated dispatchers, and Pinnacle’s PICs an exemption from 14 CFR § 121 .619 to the extent necessary to dispatch flights to domestic airports at which for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport the appr opriate weather reports or forecasts, or any combination of them, indicate the ceiling may be re duced from at least 2,000 feet to 1,000 feet above the airport elevation and visibility may be r educed from at least 3 statute miles to 2 statute miles, subject to the conditions and limi tations described below.

Conditions and Limitations

1. Before conducting operations under this exemption, Pinnacle must obtain amended operations specifications that provide for operatio ns under this exemption.

2. Operations under this exemption are limited to only those destination airports in the 48 contiguous States and the District of Columbia.

3. Operations under this exemption are limited to only those airports at which an operable Category (CAT) II instrument landing system (ILS) i s available for use.

4. Before conducting operations under this exemption, Pinnacle must demonstrate to its assigned FAA principal operations inspector’s (POI) satisfaction that:

a. Each Pinnacle dispatcher has a system available to display the location of each flight within 3 minutes of real time;

b. Each Pinnacle dispatch facility has a system that p rovides its dispatchers with overlays of weather returns updated at least once e very 5 minutes;3

c. Each Pinnacle dispatch facility has a system that p rovides its dispatchers with a display of the specific aircraft routing as assigne d by air traffic control (ATC) and actual filed flight plan routing;

d. Each Pinnacle dispatcher has a system available to display locations of other airborne aircraft including aircraft of other opera tors;

e. Each Pinnacle dispatch facility has a system availa ble that provides its dispatchers with a display of planned and actual fu el at regular intervals along the route and the difference between planned and ac tual fuel;

f. Each Pinnacle dispatch facility has a system availa ble that automatically alerts its dispatchers to special weather updates, changes in weather reports, forecasts and/or other significant weather-related reports, a nd ensures that these can be relayed to flightcrews in an expeditious manner;

g. Each Pinnacle dispatcher is provided the capability to access the services of a qualified meteorologist approved by the POI wheneve r the dispatcher believes that consultation is necessary to ensure safety of operations under this exemption. The presence of an approved Enhanced We ather Information System satisfies this requirement;

h. Each Pinnacle dispatcher must have the capability t o expeditiously re-compute projected arrival fuel from a “point aloft” to the intended destination in the event conditions occur that negatively impact the f light; and

i. The dispatch release will contain a statement for e ach flight dispatched under this exemption such as “ALTERNATE WEATHER EXEMPTION XXXX APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FO M, GOM, etc).” The certificate holder may choose to us e other wording, if desired, but the meaning must be clear.

5. Pinnacle must maintain at least CAT II approach aut horization, Operations Specifications (OpSpec) C059, for those fleets to w hich this exemption applies, and each aircraft must have fully operating equipment n eeded for CAT II ILS approaches for that aircraft to operate under this exemption.

6. At the time of dispatch, the flightcrew must b e qualified to conduct at least a CAT II approach. PICs with less than the requisite minimu m hours specified in § 121.652 cannot be used in operations under this exemption u nless the operator also holds Exemption No. 5549, the PIC has been trained in acc ordance with the requirements of that exemption, and all of the conditions specified by Exemption No. 5549 are met.

7. Operations are not permitted under this exempt ion 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 we ather forecast. Furthermore,4

Pinnacle cannot use Exemption No. 3585 (as amended) issued to Air Transport Association of America, Inc., members (including Pi nnacle) or any subsequent exemption granting similar relief regarding any kin d of forecast of thunderstorms at the destination airport in conjunction with any ope ration conducted under this exemption.

8. Each certificated Pinnacle dispatcher and PIC, who conducts operations under this exemption, must be provided with a copy of pertinen t parts of this exemption.

9. Operations under this exemption are permitted by Pi nnacle dispatchers and Pinnacle PICs but are not required.

10. Use of this exemption in operations to destinations outside the contiguous United States is prohibited. Pinnacle is authorized to us e this exemption in operations to airports within the 48 contiguous States and the Di strict of Columbia from airports outside those boundaries provided Pinnacle also hol ds OpSpec A012 and operations are conducted in accordance with the appropriate pr ovisions of that OpSpec as they pertain to operations from airports listed in Table I thereof.

11. Pinnacle dispatchers will not apply this exemption when any of the following

conditions exist:

a. During periods of uncovered dispatch shifts (i.e., due to sick calls, etc.);

b. When the dispatcher is within 6 months of successfu lly completing his/her initial competence check;

c. When doing so will cause the dispatcher to follow m ore than two flights released under this exemption;

d. The aircraft is to be dispatched with the Aircraft Communications Addressing and Reporting System (ACARS) inoperative ; and

e. When the dispatcher is flight following more than f ive flights in addition to the flight dispatched using this exemption.

12. Pinnacle must provide the Administrator, by the 15t h day of each month, reports that include the information listed below, during the pr eceding calendar month. The POI is authorized to delete this reporting requirement onc e Pinnacle 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:5

a. The total number of flights operated by Pinnacle un der domestic rules to destinations within the 48 contiguous States and th e District of Columbia;

b. The total number of flights operated under this exe mption, 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/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 or der by fleet type;

c. The total number of flights that divert to an alter nate airport;

d. The total number of flights that divert to an alter nate airport that are operated under this exemption, and the reason for e ach diversion, such as weather conditions, mechanical problem, fuel quanti ty, passenger problem, air traffic, crewmember, or any other reason. Pinn acle must fully document each diversion; and

e. The total number of Pinnacle flights, operated unde r this exemption, that declare an emergency and the reason for such declar ation, or during which flight a low fuel state occurs that results in acti ons being taken by ATC and/or dispatch to provide priority handling, even if no emergency is

declared.

This exemption terminates on July 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure6

Project No.: AFS-10-046-E

Project Officer: _______________

ARM-105:TTHOMAS:05/25/10 # 30114 ARM-1/100/105:AFS-200

Statistics: Pinnacle.doc, 1,696 words
Redraft, 25 May 2010 13:25
Style Index 50 Good for a Regulation
Average Sentence Length 26 Fair

Passive Index 31 Excellent

MR MARVIN GARVIN JR

VP FLIGHT OPERATIONS

PINNACLE AIRLINES INC

1689 NONCONNAH BOULEVARD SUITE 111

MEMPHIS TN 38132