AFS-14-036-E

January 9, 2014

 

Exemption No. 8658F

Regulatory Docket No. FAA-2005-22336

Mr. Christopher Williams

Director of Operations

United Parcel Service Company

825 Lotus Avenue

Louisville, KY 40213

Dear Mr. Williams:

This letter is to inform you that we have granted your petition to extended Exemption No. 

8658, as amended. It explains the basis for our decision, describes its effect, and lists the 

revised conditions and limitations.

The Basis for Our Decision

By letter dated November 7, 2013, you petitioned the Federal Aviation Administration (FAA) 

on behalf of United Parcel Service Company (UPS) for extension of Exemption No. 8658, as 

amended. That exemption from § 121.619 of Title 14, Code of Federal Regulations (14 CFR) 

allows UPS, UPS’s certificated dispatchers, and UPS’s 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 Category (CAT) I authorizations or the visibility will be at least 2 statute miles 

for airports utilizing CAT II or CAT III authorizations.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 8658, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 
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under the authority provided by 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, United Parcel Service Company is granted an extension to 

its exemption from 14 CFR § 121.619 to allow UPS, its certificated dispatchers, and its PICs 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 Category (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 revised 

conditions and limitations listed below.

Conditions and Limitations

1. Before conducting operations under this exemption, UPS 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 1 - Alternate Minimums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required

Category I 1,000 feet above 

ground level (AGL)

3 statute miles

Category II 1,000 feet AGL 2 statute miles

Category III 1,000 feet AGL 2 statute miles

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

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

Certificate Management Office that:
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a. Each UPS dispatcher has a system available to display the location of each 

flight within 3 minutes of real time;

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

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

c. Each UPS 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 UPS 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 

 Number 8, occur that negatively impact the flight;

e. Each UPS 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 UPS dispatcher has a system available to display locations of other 

airborne aircraft including aircraft of other operators;

g. Each UPS 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 UPS 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;

i. Each UPS 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.
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6. The reporting requirements of the flightcrews listed in Condition 8, Mandatory Pilot 

Reports, and the required dispatch flight planning and tracking systems in Condition 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 

re-evaluate the continued operation of the flight using approved procedures, and if 

necessary, agree on an alternate plan as soon as possible 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 Table 1.

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 Table 1.

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 NM;

b. Vertical deviation from the planned altitude by greater than 4000 feet;

c. ETA 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; or 

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

9. UPS must maintain CAT I (operations specification C074)/CAT II/CAT III (operations 

specification C059) ILS approach authorization (as applicable) for those aircraft to which 
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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.

10. At the time of dispatch, the flight crew 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, UPS cannot use Exemption No. 

3585 (as amended) issued to Air Transport Association of America, Inc., members 

(including UPS) 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 UPS 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 UPS dispatchers and PICs but are not required.

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

prohibited. UPS 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 UPS 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 Table 1 thereof.

14. UPS 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 UPS 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:

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

destinations within the 48 contiguous States and the District of Columbia;
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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;

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. UPS must fully document each diversion; 

and 

e. The total number of UPS 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

The termination date of Exemption No. 8658, as amended, remains January 31, 2016, unless 

sooner superseded or rescinded. 

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service