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 Administration (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 surviving 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 

AFS-11-399-E 
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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 petitioner 

states 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 evacuation 
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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 and 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 successful 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. 
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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 exemption 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 exemption 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 not 
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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 .