Airlines for America 

January 6, 2017 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor Room W12-140 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

Sent to web site: http:/ jwww.regulations.gov 1 

Re: Exemption No. 9825, Docket FAA-2001-9096 

Ladies/Gentlemen: 

In accordance with Title 14 of the Code of Federal Regulations (14CFR) § 11.61, 

Airlines For America (A4A), on behalf of its members that operate under part 121 

petitions the Administrator for an extension of Exemption No. 9825C (Docket No. 

FAA-2001-9096). This exemption is scheduled to expire on April 30,2017. The relief 

granted by Exemption 9825C has been in effect continuously since March 26, 1980, 

with the exception of a brief, unintended hiatus in 1984. See Exemption Nos. 2945, 

2945A, and 4317. 

Exemption 9825 construes 14 CFR § 121.485(b) to apply only when a three-pilot 

crew is required by regulation. U.S. air carriers have operated on this basis since§ 

121.485 was promulgated in 1945. U.S. air carriers understood this to be the 

meaning of this provision when it was promulgated in 1945, and Exemption 9825 

confirms this construction. Extending Exemption 9825 to our members that operate 

under part 121 is in the public interest to maintain consistent implementation of 

federal regulations. Any changes to Exemption 9825 would create considerable 

confusion about implementing 14 CFR 121.485, and would have a significant 

adverse economic impact on U.S. air carriers and ultimately, the public. All facts, 

conditions and circumstances as permitted in the original exemption remain in 

force for our members that operate under part 121 and continue to use this 

exemption. 

Operator Members: Alaska Airlines, American Airlines, Atlas Air, Federal Express, Hawaiian 

Airlines, JetBiue Airways, Southwest Airlines, United Airlines, and United Parcel Service. 

Associate Members: Air Canada. 

1275 Pennsylvania Ave, NW. Suite 1300, Washington, D.C. 20004-1707 
Docket No. FAA-2001-9096- Exemption No. 9825 

January 6, 2017 

Page 2 

This exemption will not adversely affect Safety. U.S. airlines have operated safely 

under 14 CFR 121.485 as construed by Exemption 9825, since that provision was 

first promulgated. It is fully recognized that if a flight is scheduled in excess of 12 

hours, the operator is required to have three pilots and an additional crewmember 

and the rest provision of 14 CFR 121.485 apply. 

The circumstances justifying the issuance of Exemption 9825 have not changed, and 

this petition merely requests the continuation of Exemption 9825/4317 for A4A 

members that operate under part 121. This petition does not seek to change the 

conditions or limitations of the current exemption, which applies to all-cargo 

carriers. The renewal of this exemption is not a controversial issue. For this reason, 

and the reasons stated above, A4A requests that a finding of good cause be made for 

waiving publication in the Federal Register, (14 CFR §11.87). Granting the requested 

relief will not set a precedent. The existence of the exemption is well known and 

widely accepted. 

A summary of this petition as required by 14 CFR §11.81 is attached. 

If you have any questions or need additional information, please call me at (202) 

626-4285. 

Very truly yours, 

~~~ Jeffrey A Miller 

~ Managing Director of Flight Operations 

Airlines for America 

1275 Pennsylvania Ave, NW. Suite 1300, Washington, D.C. 20004-1707 
Attachment 

U.S. Department ofTransportation 

Docket Management System 

Docket No. FAA-2001-9096 

january 6, 2017 

SOMMARYOF A4A PETITION 

Petitioner: 

Regulation Affected: 

Description ofReliefSought: 

Ajrlines for America 

14 CFR § 121.485 

To extend Exemption 9825C, which construes 

t he Code of Federal Regulations, 14 CFR § 

121.485 to apply only to Airlines for America 

members oper·ating under part 121 who operate 

with three or more pilots and additiona'l 

crewmembers, required by regulation. 

1275 Pennsylvania Ave, NW. Su ite 1300, Washington, D.C. 20004-1707