November 7, 2012

Mr. Andrew D. Lotter 4700 Empire Avenue, Hanger One Burbank, CA 91505
Dear Mr. Lo tter : This letter is in response to y our September 25, 2012 letter sent to the public docket ( D ocket No. FAA

- 200 5

- 20109 ) petitioning the Federal Aviation Administration on behalf of Ameriflight, LLC (Ameriflight) for clarification to Exemption No. 8 480E . That exemption from Title 14, Code of Federal Regulations (14 CFR ) § § 121.631(b), (c), and (d) allows Ameriflight to operate certain Embraer Brasilla EMB

- 120 airplanes with a maximum payl oad capacity greater than 7,500 p ounds in all

- cargo service under part 135. We have reviewed y our request for clarification of a portion of paragraph 5 of the c onditions and l imitations in Exemption No. 8480E, granted on April 11, 2012. Your assessment is correct , and we appreciate y our efforts to remain in compliance with the conditions and limitations of y our grant of exemption. Condition No. 5 requires yo u to comply with § §121.631(b)(c), and (d). As y ou point o ut, subparagraphs (c) and (e) relate to extended operations ( ETOPS ) and since y ou are not currently conducting ETOPS, those subparagraphs do not apply

. Inthe future, i f y ou are approved to conduct ETOPS and wish to do so, then those subparagraphs will ap ply

. You must comply

with §121.631(b), which states, in pertinent part, that: (b) No person may

allow a flight to continue to an airport to which it has been dispatched or released unless the weather conditions at an alternate airport that was specified i n the dispatch or flight release are forecast to be at or above the alternate minimums specified in the operations specifications for that airport at the time the aircraft would arrive at the alternate airport. We understand y our confusion in that there a ppears to be an implication that to fully comply with that subparagraph, y ou would also have to comply with §121.623 . I t essentially mandate s that an alternate be identified for all part 121 flights. However, that regulatory2

reference is not included in yo ur required conditions and limitations. The key phrase in §121.631(b) say s, “. . . unless the weather conditions at an alternate airport **that was specified**  in the dispatch or flight release . . .” (emphasis added). I t does not necessarily require a spe cified alternate.
Iny our case, y ou must comply with the regulatory

requirements of part 135 relating to the designation of an alternate airport. I f the conditions of a specific flight are such that designation of an alternate airport is prescribed by part 135, then y ou must do so and § 121.631(b) will apply . I f no alternate airport is prescribed for a specific flight under part 135, y ou may

leave blank those entries referenced in §121.631(b) and that subparagraph will not apply

. We hope this clarifies our intent in establishing that particular condition and limitation in the grant of exemption. Once again, we thank y ou for y our concern that y ou remain in regulatory compliance. I f we can be of any further assistance, please contact the Air Transportation Division, AFS

- 200 at (202) 267

- 8166

. Sincerely , /s/ Michael J. Zenkovick Acting Deputy

Director, Flight Standards Service