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
domesti c 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 per tinent 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 alterna te 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 fee t 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 exemp tion 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 t ime 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 req uirements 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 report s 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. Co mpass 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 the se 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 fac tor (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 co nditions 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 wea ther. 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 sys tem. 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 followin g 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. Alterna tive 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
interva ls 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 sa fety 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 o peration 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 con ditions. 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 no t 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 abilit y 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 e xemption, 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 t o 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 actu al 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 d isplay 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 i n 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 meteorolo gist 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 dispatche r must have the capability to expeditiously re

compute 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 di spatched 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 mini mums (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 require ments 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 est imated 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

c onducted 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 dispatch ers 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

condu cted 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 fligh ts 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

limi tations 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. Th is 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 t o 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 be yond 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 Federa l 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 signi ficant 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 monitor ed 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 consider ation 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

Ai rlines 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
ho ur 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

M anager of Policy, Process and Compliance Compass Airlines

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- 6842 gary.mcvaney@compassairline.com