AFS

- 1 6

- 11946

- E July 18, 2016

Exemption No. 10583B Regulatory Docket No. FAA

- 2012

- 0053

Mr. Robert E. Zeng Director of Operations

Omni Air International

P.O. Box 582527 Tulsa, OK 74158

Dear Mr. Zeng :

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

No. 10583 , as amended . It explains the basis for our decision , describes its effect, and lists

the conditions and limitations.

The Basis for Our Decisio n
By letter dated June 1, 2016 , you petitioned the Federal Aviation Adm inistration (FAA) on

behalf of Omni Air International ( Omni Air ) for an extension of Exemption No. 10583 , as amended

. That exemption from § 121.652(a) and (c) of Title 14, Code of Fede ral Regulations (14 CFR) , if granted, would permit a pilot in command (PIC) conducting operations under part 121 to perform an instrument approach procedure to the weather minima prescribed by this exemption during the first 100 hours of service as PIC, in the type of airplane he or she is operating, using an alternative means approved by the Administrator to satisfy the requirements of § 121.652(a) and (c).

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

relativ e to public interest and safety that were the basis for granting the original exemption.

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

in the Federal Register because the reques ted extension of the exemption wo uld not set a precedent, and any delay in acting on this pe tition would be detrimental to Omni Air

.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10583 , as amended, remains valid with respect to this exemptio n and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113

, and 44701, which the FAA Administrator has delegat ed to me, Omni Air International is granted an extensi on to its

E xemption No. 10583, as amended, pert aining to § 121.652(a) and (c) to permit a PIC conducting operations under part 121 to perform an instrument approach procedure to the weather minima prescribed by this exemption during the first 100 hours of service as PIC, in the type of airplane he or s he is operating, using an alternative means approved by the Administrator to satisfy the requirements of § 12 1.652(a) and (c) , subject to the following

conditions and limitations.

Conditions and Limitations

1. General. To use either Category I or Category I I instrument approach procedure weather minimums under any provisions of this exemption a certificate holder must ensure that its flightcrew training and qualification program meets the following general requirements:

a. Suitable low visibility instrument ap proach, landing, and missed approach scenarios are included in flight training using the applicable airborne system and appropriate training devices or simulators for those scenarios; and

b. Specific approval by the certificate holder's principal operations inspector to use this exemption is obtained for each aircraft type.

2. Category I, specific. A PIC with fewer than 100 hours as PIC in the airplane being operated may be authorized to use the lowest applicable Category I instrument approach

minimums for a particular runway and instrument approach procedure if each of the following conditions is met:

a. The PIC and other required flightcrew members are trained and qualified for Category II or Category III, or are trained to an equivalent level with respect to the airborne system use, ground facility use, associated procedures, and any other relevant topics;

b. b. The aircraft and associated airborne systems are eligible for Category I or II for that operator when the certificate holder's approved training progr am incorporates the use of an approach coupler or a HUD system that provides flight guidance information to decision height;

c. The approach coupler or HUD system is used for the approach to decision height or

until initiation of a missed approach;3

d. The flig htcrew must use appropriate instrument approach procedures for Category II or III, or equivalent instrument approach procedures acceptable to the Administrator; and

e. Category I instrument approach procedures or landings will not be initiated when the

weath er conditions are below 4,000 feet runway visual range (3/4 mile visibility) and

the cross

- wind component exceeds 15 knots combined with a braking action report of less than "good."

3. Category II, specific. A PIC with fewer than 100 hours as PIC in the airp lane being operated may conduct Category II operations in accordance with Operations Specifications paragraph C059 if each of the following conditions is met:

a. The PIC has at least 300 hours as a PIC or second in command in a turbojet airplane;

b. The PIC an d other required flightcrew members are trained and qualified in Category II or III instrument approach procedures, and use those procedures appropriately;

c. The aircraft and associated airborne systems are approved for Category III for the

certificate hold er, or for Category II for the certificate holder using an approach coupler and an autoland system or HUD which provides flight guidance information to decision height ; and

d. The approach coupler and autoland system or HUD is used for the instrument

approac h procedure and landing or until initiation of a missed approach

.

The Effect of Our Decision

Our decision extends the termin ation date until July 31, 201 8 unless soo ner superseded or

rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service