AFS-12-071-E 

December 23, 2013 

 Exemption No. 8653G 

 Regulatory Docket No. FAA-2005-22105 

Ms. Ellen Birmingham 

Manager – Flight Operations Regulatory Compliance 

United Airlines, Inc. 

233 South Wacker Drive, 23rd Floor WHQFO 

Chicago, IL 60606 

Dear Ms. Birmingham: 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 8653, as amended. It explains the basis for our decision, describes its effect, and lists the 

conditions and limitations. 

The Basis for Our Decision 

By letter dated October 9, 2013, you petitioned the FAA on behalf of United Airlines, Inc. 

(United), for an extension of Exemption No. 8653, as amended. That exemption from 

§§ 121.619(a)(1) and (2) of Title 14, Code of Federal Regulations allows United, their 

certificated aircraft dispatchers, and their pilots in command (PIC) to dispatch aircraft to 

domestic airports without designating an alternate for the destination airport where 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 will 

be at least 1,000 feet above the airport elevation and visibility will be at least 3 statute miles 

for airports utilizing CAT I authorizations or the visibility will be at least 2 statute miles for 

airports utilizing CAT II or CAT III authorizations. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 
 2

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to United. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8653, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, United Airlines, Inc., their certificated aircraft dispatchers, 

and their pilots in command (PIC) to dispatch aircraft to domestic airports without designating 

an alternate for the destination airport where 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 will be at least 1,000 feet above the airport 

elevation and visibility will be at least 3 statute miles for airports utilizing CAT I 

authorizations or the visibility will be at least 2 statute miles for airports utilizing CAT II or 

CAT III authorizations, subject to the following amended conditions and limitations. 

Conditions and Limitations 

1. Before conducting operations under this exemption, United must obtain an updated 

Operations Specification A005 (Exemptions and Deviations) that provides for operations 

under this exemption. 

2. Operations under this exemption are limited to only those destination airports in the 

contiguous United States. 

3. Operations conducted under this exemption must use a current and qualified aircraft 

dispatcher. 

4. Operations under this exemption are limited to only those airports at which an operable 

instrument landing system (ILS) procedure is published. Alternate minimums are 

predicated on the following table: 

Table - Alternate Minimums (Ceiling and Visibility Required) 

Operable ILS Ceiling Required Visibility Required 

CAT I 1,000 feet above 

ground level (AGL) 

3 statute miles 

CAT II 1,000 feet AGL 2 statute miles 

CAT III 1,000 feet AGL 2 statute miles 
 3

5. Before conducting operations under this exemption, United must demonstrate to the 

satisfaction of the FAA principal operations inspector (POI) assigned to the United 

Airlines Certificate Management Office that: 

a. Each United dispatcher has a system available to display the location of each 

flight within 3 minutes of real time; 

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

overlays of weather returns updated at least once every 5 minutes; 

c. Each United 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 United dispatcher must have the capability to expeditiously recompute 

projected arrival fuel from a “point aloft” to the intended destination in the 

event conditions, including those required to be reported in condition 8 below, 

occur that negatively impact the flight; 

e. Each United dispatcher must have data available that will show aircraft status, 

including the aircraft capability to conduct CAT I, CAT II, or CAT III 

operations as applicable to the exemption being used; 

f. Each United dispatcher has a system available to display locations of other 

airborne aircraft including aircraft of other operators; 

g. Each United 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; 

h. Each United dispatch facility has a system available that automatically alerts 

its dispatchers to special weather updates, changes in weather reports, and 

forecasts and/or other significant weather-related reports and ensures that these 

can be relayed to flightcrews in an expeditious manner; 

i. Each United 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 program satisfies this requirement; and 

j. Each dispatch release issued in accordance with this exemption will contain a 

statement such as “ALTERNATE WEATHER EXEMPTION APPLIED. 

REFERENCE (APPROPRIATE DOCUMENT SUCH AS FLIGHT 

OPERATIONS MANUAL, GENERAL OPERATONS MANUAL, ETC.).” 

The certificate holder may choose to use other wording, if desired, but the 

meaning must be clear. 
 4

6. The reporting requirements of the flightcrews listed in Condition No. 8, Mandatory Pilot 

Reports, and the required dispatch flight planning and tracking systems in Condition No. 5 

must be used to determine the feasibility of dispatching the flight under this exemption 

and/or continuing the flight after dispatch. 

7. Approved Procedures. If the use of these systems, reports, or the occurrence of other 

factors indicate that the conditions under which the flight was originally dispatched have 

changed and may negatively impact the flight, the dispatcher and flightcrew must reevaluate the continued operation of the flight using approved procedures, and if necessary, 

agree on an alternate plan as soon as practicable after the occurrence of any of the 

following: 

a. En route holding or delaying vectors, airspeed changes, altitude changes, or 

re-routings; 

b. Unplanned or sustained use of deicing and anti-icing systems or other factors 

directly relating to fuel consumption that may have a negative effect on trip fuel 

requirements; 

c. The deterioration of destination weather below a 1,000-foot ceiling and 2-mile 

visibility if using an exemption that requires at least 3 statute miles visibility as 

listed in the Table above; and 

d. The deterioration of destination weather below a 1,000-foot ceiling and 1-mile 

visibility if using an exemption that requires for at least 2 statute miles visibility as 

listed in the Table above. 

8. Mandatory Pilot Reports. Pilots will notify dispatch as soon as possible in the event of 

any of the following: 

a. Lateral deviation from the planned route by greater than 100 nautical miles; 

b. Vertical deviation from the planned altitude by greater than 4,000 feet; 

c. Estimated time of arrival will exceed planned by greater than 15 minutes; 

d. Fuel consumption in excess of planned that may have a negative effect on trip fuel 

requirements; 

e. Fuel system component failure or apparent malfunction that may have a negative 

effect on trip fuel requirements; 

f. The flight encounters weather significantly different than forecast, to include 

turbulence; 

g. The flight is assigned en route or arrival holding; and 

h. Unplanned or sustained use of deicing or anti-icing systems. 

9. United must maintain CAT I (Operations Specification C074)/CAT II/CAT III 

(Operations Specification C059) ILS approach authorization (as applicable) for those 

aircraft to which this exemption would apply, and each aircraft must have fully operating 

equipment needed for the appropriate CAT I/CAT II/CAT III ILS approach for that 

aircraft to operate under this exemption. 
 5

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

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

requisite minimum hours specified in § 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. 

11. 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, United cannot use Exemption 

No. 3585 (as amended) issued to Air Transport Association of America, Inc., members 

(including United) 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. 

12. Each certificated United 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 United dispatchers and United PICs but are not 

required. 

13. Use of this exemption in operations to destinations outside the contiguous United States is 

prohibited. United 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 United also holds Operations Specification A012 (part 121 Domestic Operations 

to Certain Airports Outside the 48 Contiguous States and Alaska) and operations are 

conducted in accordance with the appropriate provisions of that operations specification as 

they pertain to operations from Alaska and/or the airports listed in the Table thereof. 

14. United 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 United have 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: 

a. The total number of flights operated by United 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 Operations 

Specification 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; 
 6

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 separated 

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. United must fully document each diversion; 

and 

e. The total number of United 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. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 8653, as amended, to 

January 31, 2016, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service