Compass Airlines, LLC

7500 Airline Drive, Suite 130

Minneapolis, MN 55450

www.compassairline.com

Compass Airlines Petition for Exemption from FAR §121.619 1

October 29, 2010

Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12-140

Washington, DC 20590

Compass Airlines Petition for Exemption from 14 CFR Part §121.619(a)(1) and (2)

I. Introduction

In accordance with Federal Aviation Regulations (FAR) 11.81, Compass Airlines 

(C77A868L) (Compass) hereby petitions the Administrator for an exemption, or other 

appropriate regulatory relief, from Section §121.619 (a)(1) and (2) in order to conduct 

domestic operations using a different method when determining the need for naming a 

destination alternate airport. 

II. Sections of the FAR Affected

Section 121.619, Alternate Airport for destination: IFR, Over-the-top: Domestic 

operations. §121.619 states, in pertinent part, that: 

(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; and

(2) Visibility will be at least 3 miles.

III. Relief Requested

This exemption would grant Compass relief from §121.619 such that no alternate would 

be required if, for at least 1 hour before and 1 hour after the estimated time of arrival, 

the appropriate forecasts and reports indicate the ceiling will be at least 1,000 feet 

above the airport elevation and visibility will be at least:

 2 statute miles with an operable CAT II ILS approach, or

 3 statute miles with an operable CAT I ILS approach with published minimums of 

200 feet and RVR of 2,000 feet or lower.

Use of the exemption is subject to Compass’ receipt of Operations Specification 

authorization and compliance with the ten Conditions and Limitations presented in 

section IV, No Adverse Effect on Safety.
Compass Airlines Petition for Exemption from FAR §121.619 2

Justification

FAR §121.619, commonly known as the 1-2-3 rule, allows dispatch to a destination 

airport without a named alternate, only if the forecasted destination weather or other 

reports will have a ceiling of at least 2000 feet and a visibility of 3 miles for the period 

one hour before to one hour after the estimated time of arrival. This regulation assumes 

that this level of weather will provide an adequate margin for the crew to perform an IFR 

let down to the stipulated weather conditions. However, the current rule does not set a 

minimum margin between the weather requirements of the rule and the instrument 

procedures available to fly. Because of this, depending on the available approach, the 

margin may be 1950 feet and 2 7/8 statute miles visibility if the airport has a Category III 

approach to no margin at all if the available approaches are greater than a 2000 foot 

height above threshold and 3 statute miles visibility. Under Compass’ proposal, there 

will always be a minimum margin between approach capability and minimum weather of 

800 foot ceiling and 13⁄4 statute mile visibility. 

Compass believes that the advances in all weather aircraft capability, additional training 

of the flight crews, improved weather forecasting and advances in weather monitoring 

capability makes this a safer operation along with the minimum weather margin. 

All Weather Aircraft Capability 

When §121.619 was originally conceived, approach operations were at best 3⁄4 mile 

visibility and 250 foot decision height. Very few aircraft had landing or guidance systems 

capable of operations to touchdown. Moreover, most operators did not have simulators 

capable of training without the addition of actual aircraft training and checking. 

Dispatcher flight following capability consisted of position reports and there was no 

capability to see weather along the flight paths from the dispatch office as all reports 

were in text form. 

Over the past 20 years there has been a significant increase in the all weather capability 

of air carrier operations as well as airports. Most airports supporting major air carrier 

operation have at least one Category II approach. Compass has fleet-wide Category II 

approach capability for weather operations down to 1200 RVR with a 100 foot decision 

height. These aircraft must have a low minima maintenance program requiring more 

detailed inspections and a reliability program taking these systems into account. Pilots 

and dispatchers are required to demonstrate proficiency with the applicable 

requirements of the low minima authorization in addition to normal training and checking 

requirements. Dispatch facilities have displays similar to an Air Traffic Controller 

allowing for real time aircraft position and weather displays. 

Completion Factor and Weather Monitoring 

We collect and analyze various data to monitor our performance and adjust the 

operation based on trends. The completion factor (flights planned to operate vs. actually 

operated and landed at destination) maintains an average of better than 98%. The 

majority of the 2% of flights that do not complete are canceled before departure 

generally due to previous delays, unacceptable conditions at the destination, or 

maintenance reasons.
Compass Airlines Petition for Exemption from FAR §121.619 3

The weather forecasting and monitoring capability within the United States has become 

more refined over the years. It is now unusual for a forecast to be completely inaccurate 

compared to the actual weather. The most difficult forecast happens with respect to 

non-frontal related thunderstorms. Otherwise, the ability to accurately predict weather 

has greatly improved. While not required by regulation, Compass has invested in a 

graphic flight following system. This system allows the dispatcher to see the actual 

location of aircraft in relationship to radar weather returns. It also allows them to see 

other aircraft entering holding fixes and air traffic flows. The other advantage of a 

graphic flight following system is it allows a more proactive approach to enroute 

diversions. Instead of the dispatcher becoming aware of enroute holding as an aircraft 

makes a position report, they can see in real time aircraft being vectored and entering 

holding fixes. Alternative plans are discussed earlier and alternate field capability is 

easier to monitor. Aircraft dispatched under this exemption will provide their dispatchers 

with position reports that include the actual fuel on board at top of climb and at regular 

intervals along the route.

Compass does recognize that the majority of diverts we see are around thunderstorm 

activity in the months of June, July and August. However, Compass envisions the 

greatest potential for application of 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 

between 1500 and 2000 feet. Visibility under these clouds is normally very good. With 

today’s aircraft, these conditions pose no hazard to flight safety nor do they reduce the 

probability of completing the operation to the scheduled destination. 

The advanced technology now commonly found on all transport category aircraft in 

conjunction with the advanced airport landing systems, provide for a safe operation to 

conditions much lower than the proposed reduction in the weather requirements for the 

determination of the need for a destination alternate. In fact, as stated above, all aircraft 

have been certified to conduct approaches to CAT II 1200 RVR conditions. Further, 

dispatchers are required by regulation to analyze all factors when determining fuel and 

alternate requirements and routinely supplement fuel or add an alternate even though 

not specifically required by forecast language. This fact will not change with the granting 

of this exemption.

IV. No Adverse Effect on Safety: 

Very few flights are diverted due to missed forecast weather. However, there still needs 

to be a system in place to monitor the flight progress in real-time, along with the ability 

for a Dispatcher to directly monitor current conditions at the destination as well as the 

enroute flight path. Compass proposes the following as minimum requirements in order 

to maintain an equivalent of safety: 

1. Before conducting operations under this exemption, Compass must obtain amended 

operations specifications (OpSpec) that provide for operations under this exemption.
Compass Airlines Petition for Exemption from FAR §121.619 4

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) I or CAT II instrument landing system (ILS) is available for 

use.

4. Before conducting operations under this exemption, Compass must demonstrate to 

its assigned FAA principal operations inspector’s (POI) satisfaction that:

a. Each Compass dispatcher has a system available to display the location 

of each flight within 3 minutes of real time.

b. Each Compass dispatch facility has a system that provides its dispatchers 

with overlays of weather returns updated at least once every 5 minutes.

c. Each Compass dispatch facility has a system that provides its dispatchers 

with a display of the specific aircraft routing as assigned by air traffic 

control (ATC) and actual filed flight plan routing.

d. Each Compass dispatcher has a system available to display locations of 

other airborne aircraft including aircraft of other operators.

e. Each Compass dispatch facility has a system available that provides its 

dispatchers with a display of planned and actual fuel at regular intervals 

along the route and the difference between planned and actual fuel.

f. Each Compass dispatch facility has a system available that automatically 

alerts its dispatchers to special weather updates, changes in weather 

reports, forecasts and/or other significant weather-related reports, and 

ensures that these can be relayed to flightcrews in an expeditious manner.

g. Each Compass dispatcher is provided the capability to access the 

services of a qualified meteorologist approved by the POI whenever the 

dispatcher believes that consultation is necessary to ensure safety of 

operations under this exemption. The presence of an approved Enhanced 

Weather Information System satisfies this requirement.

h. Each Compass dispatcher must have the capability to expeditiously recompute projected arrival fuel from a “point aloft” to the intended

destination in the event conditions occur that negatively impact the flight.

i. The dispatch release will contain a statement for each flight dispatched 

under this exemption such as “ALTERNATE WEATHER EXEMPTION 

APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FOM, 

GOM, etc).” The certificate holder may choose to use other wording, if 

desired, but the meaning must be clear.
Compass Airlines Petition for Exemption from FAR §121.619 5

5. Compass must maintain at least CAT I (OpSpec C074)/CAT II (OpSpec C059) 

ILS approach authorization (as applicable) for those fleets to which this 

exemption applies. 

6. At the time of dispatch, the flightcrew must be qualified to conduct a CAT I/CAT II 

approach to published minimums (as applicable). PICs with less than the 

requisite minimum hours specified in 14 CFR §121.652 cannot be used in 

operations under this exemption unless the operator also holds Exemption No. 

5549, the PIC has been trained in accordance 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 exemption 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 weather forecast. 

Furthermore, Compass cannot use Exemption No. 3585 (as amended) issued to 

Air Transport Association of America, Inc., members 

and other similarly situated part 121 operators (including Compass) or any 

subsequent exemption granting similar relief regarding any kind of forecast of 

thunderstorms at the destination airport in conjunction with any operation 

conducted under this exemption.

8. Each certificated Compass dispatcher and PIC, who conducts operations under 

this exemption, must be provided with a copy of pertinent parts of this exemption. 

Operations under this exemption are permitted by Compass dispatchers and 

Compass PICs but are not required.

9. Use of this exemption in operations to destinations outside the contiguous United 

States is prohibited. Compass is authorized to use this exemption in operations 

to airports within the 48 contiguous States and the District of Columbia from 

airports outside those boundaries provided Compass also holds OpSpec A012 

and operations are conducted in accordance with the appropriate provisions of 

that OpSpec as they pertain to operations from airports listed in Table I thereof.

10.Compass must provide the Administrator, by the 15th day of each month, reports 

that include the information listed below, during the preceding calendar month. 

The POI is authorized to delete this reporting requirement once Compass 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:
Compass Airlines Petition for Exemption from FAR §121.619 6

a. The total number of flights operated by Compass under domestic rules 

to destinations within the 48 contiguous States and the District of 

Columbia;

b. The total number of flights operated under this exemption, 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, and 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 order by fleet type;

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

d. The total number of flights that divert to an alternate airport that are 

operated under this exemption, and the reason for each diversion, 

such as weather conditions, mechanical problem, fuel quantity, 

passenger problem, air traffic, crewmember, or any other reason. 

Compass must fully document each diversion;

e. The total number of Compass flights, operated under this exemption, 

that declare an emergency and the reason for such declaration, or 

during which flight a low fuel state occurs that results in actions being 

taken by ATC and/or dispatch to provide priority handling, even if no 

emergency is declared.

V. Public Interest 

Compass believes that a grant of exemption would be in the public interest for the 

following reasons:

 The current rule does not require a minimum margin between approach 

capability at the destination airport and the FAR weather requirements. 

Compass’ proposal will always maintain at least 800 foot ceiling and 13⁄4 statute 

mile visibility margin when determining the need for a destination alternate. 

 Fuel consumption will decrease because fewer flights will require an alternate be 

named for the destination airport. This will result in weight savings that would 

provide more available payload for public. 

 Fuel consumption will decrease resulting in fewer emissions from Compass 

aircraft operating within the United States. 

 All Compass pilots maintain additional training to safely operate and use the 

advanced navigation equipment installed in the aircraft. This includes both 

enroute and terminal operations. 

 All Compass dispatchers will continue to have access to sophisticated flight 

tracking and weather monitoring tools beyond those required by regulation for 

releasing and following a flight. 
Compass Airlines Petition for Exemption from FAR §121.619 7

VI. Waiver of Public Notice: 

Compass requests that a finding of good cause be made for waiving publication in the 

Federal Register. Publication of notice of this petition in the Federal Register would 

cause unnecessary delay to the petitioner. The relief requested in this petition currently 

resides in other exemptions, therefore there is no precedent set in granting this relief.

VII. Conclusion

In the past few decades, there has been a significant advancement in technology for 

weather forecasting, aircraft approach capability, flight crew training, and flight following. 

Aircraft are now much safer to operate due to these advancements. For years, 

Compass has successfully dispatched and monitored flights with a very high reliability 

rate. Airlines and airport operators have created a network that supports the ability to 

operate aircraft safely and reliably into weather conditions 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 Compass an 

exemption from FAR §121.619. 

SUMMARY 

Compass Airlines petitions the Administrator for an exemption to allow Compass 

Airlines to conduct domestic operations utilizing a different methodology to determine 

the need for naming a destination alternate. This exemption would grant Compass 

Airlines relief from §121.619 such that no alternate would be required if for at least 1 

hour before and 1 hour after the estimated time of arrival, the appropriate forecasts and 

reports indicate the ceiling will be at least 1,000 feet above the airport elevation and 

visibility will be at least:

 2 statute miles with an operable CAT II or CAT III ILS approach, or

 3 statute miles with an operable CAT I ILS approach with published minimums of 

200 feet and RVR of 2,000 feet or lower.

Use of the exemption is subject to Compass Airlines’ receipt of Operations Specification 

authorization and compliance with ten Conditions and Limitations.

Please advise us if there is any further information you need for your review of this 

petition. Thank you for your consideration.

Sincerely,

Gary P. McVaney

Manager of Policy, Process and Compliance

Compass Airlines

612-713-6842

gary.mcvaney@compassairline.com