Airlines for America

January 6, 2017 U.S. Department ofTransportation 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 ofthe Code ofFederal Regulations (14CFR) § 11.61, Airlines For America (A4A), on behalfofits members that operate under part 121 petitions the Administrator for an extension ofExemption 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 ofa 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 ofthis 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, SouthwestAirlines, United Airlines, and United Parcel Service. Associate Members: Air Canada.

1275 Pennsylvania Ave, NW. Suite 1300, Washington, D.C. 20004-1707Docket 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 ifa 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 circumstancesjustifying 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 ofthe current exemption, which applies to all-cargo carriers. The renewal ofthis exemption is not a controversial issue. For this reason, and the reasons stated above, A4A requests that a finding ofgood cause be made for waiving publication in the Federal Register, (14 CFR §11.87). Granting the requested reliefwill not set a precedent. The existence ofthe exemption is well known and widely accepted. Asummary ofthis petition as required by 14 CFR §11.81 is attached. Ifyou have any questions or need additional information, please call me at (202) 626-4285. Very truly yours,



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Jeffrey A Miller Managing Director ofFlight Operations Airlines for America

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

### Attach ment U.S. D epartmentofTransportation Docket ManagementSystem Docket No. FAA-2001 -9096 

### january 6, 2017

SOMMARYOF A4A PETITION 

### P

etitioner: R

egulation Affected: Description ofReliefSought: Ajrlines for Ameri ca 14CFR 

### § 

### 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 

### addi tiona'l crewmembers, required by

### regulation.

1275 P ennsylvania Ave, NW. Suite 1300, Washington, D.C. 20004-1707