Express 

n^RWMENTOF 

•r or OR WON 

Legal Department 

3620 Hacks Cross Road 

Building B, 3rd Floor 

Memphis, TN 38125 

Telephone 901.434.8600 

VIA FEDEX LETTER 

February 15, 2011 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey, SE 

West Building, Ground Floor 

RoomW12-140 

Washington, DC 20590-0001 

Subject: Federal Express Corporation Application for Exemption 

From Title 14 CFR Part 121.619 

Dear Sirs: 

Attached is Federal Express Corporation's Application for Exemption from Title 14 CFR 

Part 121.619. 

If additional information is needed, please do not hesitate to contact me. Thank you. 

Sincerely, 

.EXPRESS CORPORATION 

Hansen 

Lead Counsel 

Legal/Regulatory Affairs 

(901) 434-8585 (p) 

(901) 434-8283 (f) 

JMH/cyS/723568 

Attachment 

cc: Joel M. Murdock 

James L. Bowman 

Bob C. Gasko, Jr. 

Sarah S. Prosser 

Robert D. Moreau 
Federal Express Corporation Application for Exemption 

From 

Title 14 CFR Part 121.619 

Introduction 

Federal Express Corporation ("FedEx") has certified an FAA approved HUD/EFVS 

(Head-Up Display/Enhanced Flight Vision System) for use on its fleet of aircraft, 

beginning with the McDonnell Douglas MD-10 and MD-11 aircraft. This system is 

designed to comply with the pilot vision requirements of Title 14 CFR Part 91.175(1) 

which allow a pilot conducting a straight-in approach other than a Category II or 

Category III, upon reaching the published DA/MDA (Decision Altitude/Minimum 

Descent Altitude) when required, to continue below that altitude based solely on the 

imagery provided by the EFVS to no lower than 100 feet above the runway, at which 

point the pilot must be able to see the prescribed lights or surface features as described in 

Title 14 CFR Part 91.175. 

The EFVS technology is a recent development consisting of an infrared sensor which 

provides a video image for display on the HUD to the pilot. For approach operations 

below the DA/MDA down to 100 feet above the runway this EFVS image becomes the 

approved flight visibility and is a marked improvement for the pilot in terms of safety and 

situational awareness. FedEx is the first air carrier to utilize this technology and seeks to 

fully implement the capabilities of the EFVS. 

FedEx currently has an exemption (Exemption 9984, Regulatory Docket Number 

FAA-2008-0370) to the Approach Ban aspects of Title 14 CFR Part 121.651(b)(2). 

FedEx seeks an exemption to Title 14 CFR Part 121.619 to permit aircraft, with an 

approved EFVS system and properly training crews, to be dispatch or released to a 

destination when the forecast weather is below the published Category I approach 

minimums, but not lower that % mile. 

Regulatory Requirements 

Title 14 CFR Parts 121.613 and 121.615(a) state in part "no person may dispatch or 

release an aircraft for operations under IFR or over-the-top, unless appropriate weather 

reports or forecasts, or any combination thereof, indicate that the weather conditions will 

be at or above the authorized weather minimums at the estimated time of arrival at the 

airport or airports to which dispatched or released," and "no person may dispatch or 

release an aircraft for a flight that involves extended over water operation unless 

appropriate weather reports or forecasts, or any combination thereof, indicate that the 

weather conditions will be at or above the authorized weather minimums at the estimated 

time of arrival at any airport to which dispatched or released or to any required alternate 

airport," respectively. 

Pagel of 10 
In addition. Title 14 CFR Part 121.619 states, in part, "When the weather conditions 

forecast are marginal at least one additional alternate must be designated." The 

application of this requirement is contained within an operators approved Operations 

Specifications documents, specifically U.S. Department of Transportation, Federal 

Aviation Administration, National Policy document number N 8900.117, Appendix A, 

known as OpSpec C055. 

Regulatory Relief 

FedEx currently has an exemption (Exemption 9984, Regulatory Docket Number 

FAA-2008-0370) to the Approach Ban aspects of Title 14 CFR Part 121.651(b)(2) which 

allows for a properly EFVS equipped FedEx aircraft and a properly EFVS trained FedEx 

flight crew to continue an approach past the final approach fix, or where a final approach 

fix is not used, begin the final approach segment of a straight-in Category I instrument 

approach procedure - even if the latest weather report for that airport issued by the U.S. 

National Weather Service, a source approved by that Service, or a source approved by the 

Administrator, reports the visibility to be less than the visibility minimums prescribed for 

that procedure, but not below 1000 feet Runway Visual Range (RVR), or % mile 

visibility. 

FedEx seeks an exemption to Title 14 CFR Part 121.619 which would extend the 

definition of "marginal weather" to include a destination or alternate forecast weather 

condition - as defined in Title 14 CFR Parts 121.613, 121.615(a), and 121.625 - which is 

forecast to be below published Category I minimums, but not below 1000 foot RVR or 14 

mile visibility if the FedEx aircraft is equipped with a suitably approved HUD/EFVS and 

is to be flown by a suitably trained FedEx flight crew, and would require FedEx to 

designate one additional alternate airport in accordance with the procedures of OpSpec 

C055. 

The EFVS technology on FedEx aircraft is the first such application by an air carrier and 

consists of an infrared sensor which provides real-time video imagery for display on the 

HUD to the pilot. The EFVS, as defined by the FAA, generates an infrared image that is 

conformal and aligned with external view on a HUD with essential flight instrument 

information. The EFVS infrared imagery is displayed on a HUD because the safety of an 

approach operation conducted imder Title 14 CFR 91.175(1) depends on the pilot looking 

forward along the flight path out of the window to readily enable a transition from 

reliance on the EFVS infrared imagery to reliance on the outside world view without the 

EFVS infrared imagery. 

During some reduced visibility conditions, EFVS infrared imagery may significantly 

improve the pilot's ability to detect objects, such as approach lights and visual references 

of the runway environment that may not be visible during day or night. Specifically, for 

straight-in Category 1 approach operations below the DA/MDA down to 100 feet above 

the runway, this EFVS infrared imagery (displayed on a HUD) becomes the approved 

flight visibility at the distance no less than the visibility prescribed by the instrument 

Page 2 of 10 
approach procedure being used and is a marked improvement for the pilot in terms of 

safety and situational awareness. 

Public Interest 

The public interest is served on several fronts via the proposed exemption. The EFVS 

technology is a major advance in safety and situational awareness for the air carrier pilot 

and should be promoted on a broader scale to the industry through the use of rule changes 

that reflect its use and capabilities. 

The air carrier industry, both passenger and air cargo, is an essential component of the 

United States economic framework. The reliable movement of people, goods and 

services is vital to the public interest. Degraded weather conditions often cause delays 

and diversions, interrupting this movement. When this happens to a passenger air carrier 

flight the major inconvenience is manifest primarily to those individuals aboard the 

affected flight. 

However, the majority of cities served by FedEx are done so with a single flight. The 

impact of a diverted flight goes beyond a single load of cargo, and can affect an entire 

city or region. FedEx is engaged in the daily transportation of time-critical goods such as 

pharmaceutical items, parts for a shutdown factory, legal and business documents, to 

name but a few. FedEx aircraft equipped with the EFVS are a unique way to increase the 

reliability and conduct of this critical commerce to the public. 

By way of example, during a five month period from February 2010 through June 2010, 

there were 28 domestic FedEx flights that were not able to be dispatched or released to a 

destination because the forecast weather was below the published Category I approach 

minimums, but not lower than YA mile. In several of these cases, the actual weather 

conditions never actually went below the published Category I approach minimums, but 

because the forecast was for below published weather minimums, the flights were never 

able to be dispatched or released. 

When degraded weather conditions exist, the ability to be dispatched and released to a 

destination, and initiate an approach - coupled with a higher likelihood of a successfiil 

completion to a landing - is also in the public interest as it saves fuel that would 

otherwise be necessary for diverting to an alternate airport, which may be some distance 

away, plus the return fuel for an eventual recovery to the original destination. 

Additionally, this saving is also of public interest in that the FAA Air Traffic Control 

System would be strained less by aircraft successfully terminating at their destinations 

and not adding to the ATC traffic difficulties during inclement weather through 

diversions. 

In this case, and unique to FedEx, the exemption will allow for a more reliable 

transportation system with impact for both FedEx and the public. 

Page 3 of 10 
Safety Action Items 

This system is designed to comply with the pilot visual reference requirements of Title 14 

CFR Part 91.175(1) which allows a pilot conducting a straight-in approach other than a 

Category II or Category III, upon reaching the published DA/MDA (Decision 

Altitude/Minimum Descent Altitude) when required, to continue below that altitude 

based solely on the real-time imagery of the external topography provided by the EFVS 

to no lower than 100 feet above the runway, at which point the pilot must be able to see 

the prescribed lights or surface features as described in Title 14 CFR Part 91.175(1). 

As such, the EFVS goes beyond the equivalent level of safety by improving aircraft 

situational awareness, providing visual cues to maintain a stabilized approach, and 

minimizing missed approach operations in reduced visibility conditions. However, even 

if a missed approach should be required, the lower height above touchdown possible in 

these operations are accounted for by the fact that all such EFVS equipped FedEx aircraft 

are already certified for a go-around maneuver up to, and including, touchdown and all 

FedEx pilots are routinely trained for such maneuvers. Additionally, the EFVS may 

allow the pilot to observe an obstruction on the runway, such as an aircraft or vehicle, 

earlier in the approach, and observe potential runway incursions during ground operations 

in reduced visibility conditions. Even in situations where the pilot observes the required 

flight visibility at the DH/MDA, EFVS usage will provide added situational awareness 

that may be impossible without it, especially in marginal visual meteorological 

conditions. 

FedEx has developed a detailed training program for its pilots in the use and capabilities 

of the EFVS. This training consists of two detailed DVD instructional videos distributed 

to the pilots describing all aspects of the HUD/EFVS system and operation, a detailed 

revision to the approved Crew Flight Manual for the specific aircraft type, a separate 

ground school providing theory and operational aspects, and a four hour simulator 

training session whereby pilots can perform the specific training tasks and procedures. 

As noted earlier FedEx aircraft equipped with EFVS, and which can successfially initiate 

and complete an approach, would not be added to the strain and process to the ATC 

system during a period of degraded weather and diversions. The result would be an 

increase in safety levels brought about by a decrease in the numbers of aircraft a 

controller might have to deal with in very often difficult situations. 

Summary 

In accordance with Title 14 CFR Part 11.81, FedEx seeks an exemption to Title 14 CFR 

Parts 121.619 which would extend the definition of "marginal weather" to include a 

destination or alternate forecast weather condition - as defined in Title 14 CFR Parts 

121.613, 121.615(a), and 121.625 - which is forecast to be below published Category I 

minimums, but not below 1000 foot RVR or Vi mile visibility, and would require FedEx 

to list one additional alternate airport in accordance with OpSpec C055, if the FedEx 

Page 4 of 10 
aircraft is equipped with a suitably approved HUD/EFVS and is to be flovm by a suitably 

trained FedEx flight crew. 

Additional Information 

The rules governing weather forecasts for destinations and alternates were written many 

years ago and do not reflect the current state of technological development. Specific to 

these circumstances, it reduces the case for increased safety and situational awareness to 

be gained through the use of EFVS equipment by preventing the specific operation for 

which it was designed, at least for U.S. air carriers. 

More detailed additional information on the EFVS system description and FedEx 

procedures are found in Appendix A to this document. 

The point of contact for FedEx in this matter is: 

Robert Moreau 

FedEx Flight Test 

3131 Democrat Road 

Building D, Room D123 

Memphis, TN 38118 

901-517-5601 

rdmoreau@fedex.com 

Non-U.S. Operations 

As the European Aviation Safety Agency (EASA) rules regarding the use of EFVS are 

under review with the intent to allow for EFVS credit, FedEx intends to operate however 

the ultimate rules under EASA and ICAO allow for international operations. 

Sincerely, 

FEDERAL EXPRESS CORPORATION 

J.^ark Hansen 

:^ad Counsel 

3620 Hacks Cross Road 

Building B, 3''' Floor 

Memphis, TN 38125 

(901) 434-8583 (p) 

(901) 434-8283 (f) 

j mhansen@fedex .com 

Page 5 of 10 
Appendix A 

Supplementary Information 

i Page 6 of 10 
Pilot/Aircraft Description 

This exemption would affect those FedEx pilots operating specific FedEx aircraft 

equipped with the approved HUD/EFVS system and who have received the approved 

training for such equipment and operations under approved FedEx Operations 

Specifications. The HUD/EFVS training is integrated into the existing approved training 

syllabus and consists of initial and recurrent subject matter introduced into the CBT 

(Computer Based Training) ground school syllabus, FTD (Flight Training Device) 

syllabus, simulator syllabus, and the lOE (Initial Operating Experience) syllabus. 

The HUD is to be installed on FedEx Boeing MD-10/11 airplanes as an additional 

electronic display, and the EFVS provides video imagery to that display. As currently 

certified the MD-10/11 airplane is an Instrument Meteorological Conditions/Visual 

Meteorological Conditions (IMC/VMC) airplane capable of conducting Category I 

approaches to minimums of Vi mile or 1800 feet Runaway Visual Range (RVR), 

Category II approaches to minimums of 1200 feet RVR, and Category III autoland 

approaches to minimums of 300 feet RVR in conjunction with the appropriate ground 

facilities. Takeoffs may currently be conducted to minimums of 500 feet RVR. 

The HUD/EFVS reinforces these existing operations through certification and operational 

approval to conduct straight-in Category I approaches from the DH/MDA down to 100 

feet Height Above Touchdown (HAT) based on visual cues provided to the pilot by the 

EFVS in accordance with the January 9, 2004 amendment of Titie 14 CFR Parts 91.175 

and 121.651. The HUD provides the complete and necessary flight display in accordance 

with Titie 14 CFR Part 91.175(1) to provide pilot operation of the aircraft in all phases of 

flight. The EFVS imagery, together with appropriate aircraft state and position reference 

symbology, is presented to the pilot on the HUD. The aircraft state and position 

reference data are presented in the form of symbology overlaying the EFVS imagery. 

The data are derived from existing aircraft systems and the guidance commands as 

displayed on the HUD are primarily derived from the same flight director commands 

provided to the Captain's head-down primary flight display (PFD). The EFVS is 

mounted in the nose radome above and to the left (looking forward) of the weather radar 

such that the EFVS has a clear and unobstructed forward field-of-view aligned at 5 

degrees down relative to the aircraft's longitudinal axis and has minimal parallax. FedEx 

has installed an EFVS HIDE/SHOW Switch on the Captain's Control Wheel to allow the 

Captain to toggle between EFVS imagery display on and off 

FedEx MD-10/11 Company and FAA certification flight testing demonstrated that the 

flight director corrmiands were displayed on the HUD in a manner which allowed 

accurate monitoring of the approach by the pilot. In addition, this flight testing 

demonstrated that the EFVS display had no detrimental effects for the pilot monitoring an 

approach. 

The flight testing included precision and non-precision approaches, in reduced visibility 

conditions with rain and/or fog, to demonstrate the MD-10/11 EFVS function. During 

IMC approach operations, the EFVS AUTO and MANUAL gain mode were 

Page 7 of 10 
demonstrated alternately to allow for comparison of EFVS gain and image 

characteristics. Additional flight testing was conducted in VMC/IMC with an appropriate 

vision restriction device for the pilot's external view. Evaluation of EFVS for other flight 

phases (taxi, takeoff and landing) and airplane system level failures (one engine 

inoperative, slat/flap configuration anomalies, etc) were also performed to determine the 

acceptability and assess crew workload. 

Current Approach Procedures 

The current FedEx flight crew procedures for approaches reflect the philosophy of 

maximizing safety through the use of monitored approach procedures for all low 

visibility approaches in conjunction with standardized callouts for all approach 

operations. 

The monitored approach procedure calls for the Captain to ensure that the First Officer 

(F/0) has physical control of the airplane at a point well prior to the final segment of the 

approach with the autopilot engaged. The Captain then continues to monitor the progress 

of the approach. The Captain, upon reaching the "approaching minimums/alert height" 

altitude shifts his/her vision outside the airplane and searches for outside visual 

references throughout the remainder of the approach. For a Category III approach the 

Captain also assumes physical control of the airplane at this point. For a Category I or II 

approach the Captain does not assume control of the airplane until the necessary visual 

cues are present. 

The F/0 remains heads down throughout the remainder of the approach and calls out 

altitudes and any observed deviations from acceptable approach tolerances or autoflight 

anomalies and may, at any point up to touchdown, call for a go-around. During the 

landing rollout the F/0 remains heads down to monitor localizer/mode deviations and 

gives guidance as necessary. 

These operations are reflected in the approved FedEx Crew Flight Manual for the Boeing 

MD-10/11 airplane and describe the appropriate crewmember callouts and actions for 

each type of approach currently flown by FedEx. 

HUD/EFVS Integrated Approach Procedures 

Based on these existing procedures and callouts for the FedEx MD-10/11 airplane, the 

integration of the HUD/EFVS will be seamless with minimal change. With reference to 

the January 9, 2004 amendment of Title 14 CFR Part 91.175(1), the approach regime for a 

straight-in Category I approach is the segment that may be performed based solely on the 

EFVS imagery. 

No new callout is required for descending below the DH/DA/MDA when the Captain is 

flying the airplane as the F/0 will have the ability to callout "HUD Fail" if a system 

failure is detected and displayed via the HUD annunciator function located on the F/0 

Page 8 of 10 
instrument panel. The Captain will either have the non-EFVS visual cues, be able to 

continue, or will execute a go-around. 

For a straight-in Category I approach when the Captain is flying the airplane the F/0 will 

back up the automatic altitude callout of "100". The Captain will either continue the 

landing maneuver, signifying that the visual requirements of Title 14 CFR Part 91.175 

are met, or execute a go-around maneuver and callout "Go-around", signifying they are 

not. 

No changes are necessary to the existing Category Will monitored approach procedures 

as these operations are not based on the use of the HUD/EFVS, even though it may be 

displayed as an integrity monitor during the approach. 

HUD/EFVS Operational Concept and Procedures, Straight-in Category I Approaches 

FedEx's normal operating concept for straight-in Category I approaches is to conduct a 

mandatory monitored approach in the case of a non-precision procedure when the 

reported ceiling is below 1000 feet and/or the reported visibility is less than 3 miles. 

FedEx's HUD/EFVS operational concept states that the function of the EFVS is to aid the 

pilot in visually acquiring the runway environment and therefore allowing the Captain to 

monitor the integrity of the approach by providing visual cues of the aircraft's position 

and path with respect to the runway in the form of a video image. 

Upon commencing a standard instrument approach, the crew will use approved FedEx 

flight approach procedures to maneuver the aircraft to the published Category I DA or 

MDA. 

When using the EFVS imagery during the approach, the crew flies a manual or autopilot 

coupled approach (with or without monitored approach procedures as appropriate) using 

the raw data and flight director symbology presented on the HUD and concurrently 

monitors the independently derived enhanced external visual view provided by the EFVS. 

During an EFVS/HUD Category I straight-in approach the F/0 monitors the approach 

using the raw data information and instrument comparators presented to him head down. 

The EFVS imagery provides the Captain with an independent means of monitoring the 

approach guidance and aircraft position with respect to the runway. The Captain is 

essentially flying in accordance with the visual scene criteria for instrument approaches 

below the published Category I DH or MDA. This intrinsically provides a fail-safe 

capability without the need for extensive internal system monitoring, high integrity 

position references, or extensive runway light on the ground. During the approach, the 

pilot, if reliant on the EFVS, must be able to see and identify the visual references as 

stated in revised Title 14 CFR Part 91.175(1) in order to confirm that the aircraft is in a 

position to continue the approach. The Title 14 CFR Part 91.175(1) visual references 

include: 

(i) Approach light system (if installed); or 

(ii) The following visual references in both paragraphs (l)(3)(ii)(A), (B) 

(A) The runway threshold, identified by at least one of the followdng: 

Page 9 of 10 
(1) The beginning of the runway landing surface; 

(2) The threshold lights; or 

(3) The runway end identifier lights. 

(B) Touchdown zone, identified by at least one of the following: 

(1) The runway touchdown zone landing surface; 

(2) The touchdown zone lights; 

(3) The touchdown zone markings; or 

(4) The runway lights. 

At the published DA or MDA the F/0 will call "MINIMUMS". If the Captain fails to 

see one of the visual references stated in Title 14 CFR Part 91.175(1), or there is a 

disagreement between the EFVS imagery and the HUD approach symbology (i.e., 

symbolic runway, glideslope and localizer presentations), the pilot must execute a goaround. 

From the published DA or MDA, the Captain continues the approach using the HUD 

guidance cues and monitors the integrity of the raw data, with the EFVS external visual 

scene presented by the EFVS imagery. The F/0 monitors the aircraft's position using the 

head down displays. At the 100-ft. "see to land" point the F/0 calls "100 Feet" if the 

airplane's automatic call-out system fails to do so. The Captain responds by 

completing the landing maneuver if he/she has verified the appropriate aircraft 

positioning using the external visual scene without reliance on the EFVS imagery. If not, 

the Captain executes a go-around using the standard HUD symbology. 

During the flare, the Captain controls the aircraft using the external visual scene without 

reliance on the EFVS image of the visual scene. During rollout the pilot controls the 

aircraft on the runway centerline using the external visual references without reliance on 

the EFVS image of the runway and runway lighting. 

Missed Approach Procedures 

A missed approach procedure will be executed if after passing the published Category I 

DA or MDA, visual reference is lost or a reduction in visual reference occurs which 

prevents the Captain from continuing to verify that the aircraft will safely touch down in 

the runway touchdown zone, or if upon reaching 100 feet AGL the required non-EFVS 

visual cues are not present. 

If, at any time during the descent from the published DA or MDA, the crew becomes 

aware of any malfunction of the aircraft and/or HUD/EFVS system or if the aircraft 

deviates from the stabilized approach profile (i.e. on glideslope, on localizer and the 

aircraft is tracking so as to remain within the lateral confines of the extended runway), the 

Captain or F/0 will call "Go-around" and the crew will initiate the missed approach. 

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