Exemption No. 10385

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

CONTINENTAL AIRLINES, INC. Regulatory Docket No. FAA-2011-0807

for an exemption from §121.291(b)(1) of Title 14, Code of Federal Regulations

PARTIAL GRANT OF EXEMPTION

By letter dated July 22, 2011, Mr. Don Gunther, Staff Vice President Safety, Continental Airlines (CALA), P.O. Box 4607 HQSSY, Houston, Texas 77210, petitioned the

Federal Aviation Adm inistration (FAA) on behalf of CALA for an exemption from § 121.291(b)(1) and (d) of Title 14, Code of Federal Regulations (CFR) to the extent necessary to permit CALA to add the Boeing 747 and Airbus A319/320 to its operations specifications without conducting the required partial evacuation and ditching

demonstrations.

As background for this request, CALA and United Airlines (UALA) commenced the merger transition process on November 1, 2010. Following the merger and issuance of a single operating certificate (SOC), CALA will be the su rviving certificate. The exemption request addresses the aircraft types and models currently operated by UALA that will be introduced

to the SOC under CALA’s certificate.

While the FAA was reviewing the July 22, 2011, exemption request, CALA petitioned the FAA for alternative relief from the provisions of 14 CFR § 121.291(b)(1) and (d). In the event the FAA determines that the July 22, 2011, exemption cannot be granted and the partial evacuation demonstrations must be completed, CALA requests an exemption to the extent necessary to allow it to complete the partial evacuations and ditching demonstrations after

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issuance of the SOC, provided certain conditions and limitations are met. The FAA has consolidated the July 22, 2011 exemption request with the latest request submitted on October 11, 2011, and has determined, based on the following analysis, that a partial grant of exemption is warranted.

The petitioner requests relief from the following regulations:

Section 121.291(b) prescribes, in pertinent part, that each certificate holder conducting operations with airplanes with a seating capacity of more than 44 passengers must conduct a partial demonstration of emergency evacuation procedures in accordance with paragraph (c)of this section upon initial introduction of a type and model of airplane into passengercarrying operations.

Section 121.291(d) prescribes, in pertinent part, that each certificate holder operating or proposing to operate one or more landplanes in extended overwater operations, or otherwise required to have certain equipment under § 121.339, must show, by simulated ditching conducted in accordance with paragraph (b) of appendix D to this part, that it has the ability to efficiently carry out its ditching procedures.

The petitioner supports its request with the following information:

In the petition dated July 22, 2009, as well as the petition dated October 11, 2011, the petitioner notes that some of the new type and model of aircraft that are being introduced into CALA’s passenger-carrying operations are currently operated by UALA. The petitionerstates that UALA successfully conducted partial evacuation demonstrations for both the B747 and A319/320 in accordance with requirements of § 121.291(b) as each type of aircraft was added to the UALA operations specifications. The petitioner also notes that UALA flight attendants are currently flying the B-747-400 and A319/320 aircraft without a requirement for partial evacuation demonstrations. The petitioner adds that CALA introduced the B-747-100 into its operation in1970, although it does not currently operate this aircraft.

Additionally, in the petition dated October 11, 2011, the petitioner requests that in the event the emergency evacuation demonstrations must be completed that CALA be permitted to complete them following issuance of the SOC. As the basis for this request, CALA asserts that it has extensive operational controls in place to prevent crewmembers flying on the opposite pre-merger aircraft until after the completion of successful partial evacuation and ditching demonstrations. In addition, CALA states that it will submit a plan for approval that ensures the demonstrations will be completed by June 1, 2012, and that, during this time, crewmembers will only fly on their pre-merger certificate holder’s aircraft for which they are qualified.

The FAA’s analysis is as follows:

Section 121.291(b) of the rule requires a certificate holder operating an airplane with more than 44 passenger seats to conduct a partial demonstration of emergency evacuation3

procedures upon: (1) initial introduction of a type and model of airplane into passenger operations; (2) when changing the number, location or emergency evacuation duties, or procedures of flight attendants; or (3) when changing the number, location, or type of opening mechanism on emergency exits available for evacuation.

The FAA has considered all the information presented by the petitioner in its requests for relief from 14 CFR § 121.291(b) and (d) to the extent necessary to permit CALA to add additional make and model aircraft to its operations specifications without conducting the required partial evacuation and ditching demonstrations. The FAA finds that the pertinent issue in the regulatory requirement for a partial evacuation and ditching demonstration is the initial introduction of new aircraft types and models to the CALA certificate to be used in passenger-carrying operations. For this reason, the FAA will only address the arguments raised by the petitioner that concern this requirement.

As stated by the petitioner, during the merger of UALA and CALA, new aircraft types and models will be introduced to CALA passenger-carrying operations that are not currently on the CALA certificate (e.g., B-747, B-767-300 a nd A-319/320). CALA asserts, based on UALA’s demonstration of successful prior evacuation demonstrations with these aircraft, that completion of the partial emergency evacuation and ditching demonstrations is unnecessary and contrary to the public interest. In addition, CALA asserts that a partial emergency evacuation demonstration should not be required for the B-747-100 series because of its operation of the aircraft in the 1970s.

FAA finds that the fact that CALA operated a B- 747-100 series in the past is not relevant to this petition. CALA has not operated this aircraft type since 1999, and it is not currently on CALA’s operations specifications. As such, a partial emergency evacuation and ditching demonstration is required for this aircraft.

In response to the petitioner’s other argument, the FAA notes that the provisions in 14 CFR § 121.291(b)(1) and (d) take a “systems approach” to the air carrier’s partial evacuation demonstration. The partial evacuation demonstration demonstrates the efficacy of the integrated elements of each certificate holder’s system. This includes crewmember training, maintenance training, crewmember procedures, maintenance procedures, crewmember actions, crewmember interface with equipment, equipment operation, and equipment performance. The outcomes of the partial evacuation demonstration determine if an element of the certificate holder’s evacuation “system” is inadequate, unsatisfactory, or defective. The fact that UALA has a past history of succe ssful partial emergency evacuations with these aircraft does not demonstrate the efficacy of CALA’s training program, crewmember duties and evacuation procedures at the time of the partial evacuation demonstration. Thus, CALA is not relieved from the requirement to conduct a partial evacuation demonstration on that type aircraft to demonstrate the efficacy of the new “merged” training program. Accordingly, the FAA has determined that a grant of exemption from the requirement to conduct partial emergency evacuation and ditching demonstrations is not warranted.4

However, the FAA has reviewed the petitioner’s request and all supporting information for relief to conduct these demonstrations following issuance of the SOC, provided certain conditions and limitations are met. Delaying completion of the demonstrations would allow CALA time to accomplish any required initial and/or differences flight attendant training for the merged CALA flight attendant population to accommodate the introduction of new aircraft types and models to the CALA certificate. Conducting the demonstrations with crewmembers who have completed this training will assist in evaluating the efficacy of CALA’s evacuation system. As such, the FAA has determined that a grant of exemption is in the public interest to permit CALA to conduct the demonstrations after issuance of the SOC to evaluate the efficacy of the merged training program. The FAA has found that the conditions and limitations set forth by the petitioner establish an equivalent level of safety to that provided by 14 CFR § 121.291(b) and (d).

The relief in this exemption does not extend to the other requirements of 14 CFR § 121.291. For example, if CALA changes the number, location, or emergency evacuation duties of required flight attendants, the FAA may require completion of partial emergency evacuation demonstrations before June 1, 2012.

The FAA also notes the petitioner’s request that processing of its petition not be delayed for publication and comments in the Federal Register because publication would cause unnecessary delays to the carrier’s opportunity to avail itself of the requested relief and reveal private corporate data contained in its petition.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to CALA.

The FAA’s Decision

In consideration of the foregoing, I find that a partial grant of exem ption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Continental Airlines is granted an exemption from 14 CFR § 121.291 to the extent necessary to allow CALA to conduct the required emergency evacuation demonstrations by June 1, 2012, subject to the conditions and limitations listed

below.

Conditions and Limitations

1. This exem ption becomes effective when the FAA approves an SOC for the merged airline and will remain in effect until the air carrier successfully conducts the required partial evacuation and ditching demonstrations, but no later than June 1, 2012.

2. CALA must submit a plan to complete the partial emergency evacuation demonstrations to the FAA for approval in accordance with the guidance in FAA Order 8900.1, Flight Standards Information Management System, for those new aircraft types and models to be used in passenger-carrying operations that are not5

currently on the CALA certificate. The plan must be submitted within 30 days from the date of issuance of the SOC and ensure that all demonstrations are completed by June 1, 2012.

3. All revisions of the crewmember operating manual and training will be completed and training records updated prior to commingling of crewmembers.

4. Until the partial emergency evacuation and ditching demonstrations are completed on these aircraft, no cross utilization of crewmembers on these aircraft will be permitted. Pre-merger CALA crewmembers will not be scheduled with pre-merger UALA crewmembers until the partial emergency evacuation and ditching demonstrations have been completed.

This exemption terminates on June 1, 2012, unless sooner superseded or rescinded.

Issued in Washington, D.C., on November 8, 2011.

/s/ Raymond Towles Acting Director, Flight Standards

Service .