AFS-16-12337-E August 25, 2016

Exemption No. 5533L Regulatory Docket No. FAA-2000-7980

Ms. Sophie Ghezai Director, Aviation Safety and Operations

Airlines for America 1275 Pennsylvania Avenue, NW.

Suite 1300 Washington, DC 20004-1707

Dear Ms. Ghezai:

This letter is to inform you that we have granted your petition to extend Exemption No. 5533, as amended. It explains the basis for our decision, and describes its effect.

The Basis for Our Decision

By letter dated June 13, 2016, you petitioned the Federal Aviation Administration (FAA) on behalf of Airlines for America (A4A) for an extension and amendment to Exemption No. 5533, as amended. That exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR) allows A4A member air lines to permit qualified flight attendants not required by § 121.391(c) to perform duties related to the safety of the airplane and its occupants during aircraft movement on the surface.

In your petition, you indicate that there has been no change in the conditions and reasons relative 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 requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to A4A.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5533, as amended, remains valid with respect to this exemption 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 delegated to me, Airlines for America is granted an extension of its exemption from 14 CFR 121.311(b) which allows A4A member airlines to permit qualified flight attendants not required by § 121.391(c) to perform duties related to the safety of the airplane and its occupants during aircraft movement on the surface.

As a separate issue, when A4A previously petitioned for this exemption, the FAA granted relief to the petitioner’s member airlines, as well as to all other “similarly situated” air carriers, which included any air carrier opera ting under the provisions of part 121 (Exemption No. 5533). However, in an effort to manage exemptions granted by the FAA and to facilitate operator compliance with the conditions and limita tions of a grant of exemption, the FAA is no longer including “similarly situated air carriers” in grants of exemption.

In order for any air carrier that is not a member or associate member of A4A to exercise the relief provided by this grant of exemption, the carrier must submit a petition for similar relief that references Exemption No. 5533L. After analysis of the petition, if appropriate, the FAA will amend Attachment 1 to Exemption No. 5533 to include the additional air carrier. An air carrier may only exercise the relief provided by this grant of exemption when it is listed in Attachment 1 to Exemption No. 5533, as amended.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5533, as amended, to October 31, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/
John Barbagallo Deputy Director, Flight Standards Service3

Attachment 1

The relief provided by Exemption No. 5533L is limited to the air carriers listed below:

Airlines for America Alaska Airlines, Inc. American Airlines, Inc. and/or US Airways, Inc. Atlas Air, Inc. Federal Express Corporation Hawaiian Airlines, Inc. JetBlue Airways Corp.

Southwest Airlines Co. United Airlines, Inc

United Parcel Service Co. Air Canada (Associate Member)

Additional Certificate Holders 1

Delta Air Lines, Inc.

1 Additional certificate holders petitioned for exempti on through the following FAA Docket Numbers: Delta
Air Lines, FAA-2016-8235