AFS-16-0480-E

Exemption No. 15332

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

United Airlines, Inc. Regulatory Docket No. FAA-2015-4360

 

for an exemption from §§ 121.465(b)(1) and 

121.465(b)(2) 

of Title 14, Code of 

Federal Regulations 

GRANT OF EXEMPTION

 By letter dated October 13, 2015, Mr. Michael Quiello, Vice President of Corporate Safety 

and part 119 Director of Safety, United Airlines, Inc. (United), 233 South Wacker Drive, Floor 

16, Chicago, IL 60606, petitioned the Federal Aviation Administration (FAA) on behalf of 

United for an exemption from § 121.465(b)(1) and (2) of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would allow United Airlines to schedule an 

aircraft dispatcher for more than 10 consecutive hours of duty for the purpose of completing the 

operating familiarization required by § 121.463 and to become familiar with long-range flight 

operations. 

The petitioner requests relief from the following regulation:

Section 121.465, Aircraft dispatcher duty time limitations: Domestic and flag operations. 

Sections 121.465(b)(1) and (2) state that except in cases where circumstances or emergency 

conditions beyond the control of the certificate holder require otherwise, (1) no certificate holder 

conducting domestic or flag operations may schedule a dispatcher for more than 10 consecutive

hours of duty; and (2) if a dispatcher is scheduled for more than 10 hours of duty in 24 

consecutive hours, the certificate holder shall provide him or her a rest period of at least eight 

hours at or before the end of 10 hours of duty.
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The petitioner supports its request with the following information:

The petitioner states that, as part of United's FAA-approved training program, aircraft 

dispatchers must satisfactorily complete operating familiarization that fulfills the requirements of

§ 121.463 to obtain and retain qualification to perform dispatch functions for flights in any areas 

of en-route operation that are authorized by its Operations Specifications. The petitioner adds 

that, due to the length of some flight segments, the operating familiarization duty period may 

exceed 10 consecutive hours. United seeks relief from the duty limitations of § 121.465 in order 

to enable the aircraft dispatcher to complete the entire assignment.

The petitioner states that United's Network Operations has analyzed the safety and compliance 

risks associated with this exemption and determined it provides for a level of safety that meets or 

exceeds the level of safety currently provided for in the applicable regulation. The petitioner 

asserts that there is no impact on flight safety during the familiarization operation period because 

the aircraft dispatcher is observing flight operations, not dispatching aircraft. The petitioner 

further states that a level of safety at least equal to that provided by the rule which the petitioner 

seeks an exemption from is established for post-operating familiarization dispatcher duties by 

requiring a rest period of at least 8 hours after an operating familiarization duty period exceeds 

10 hours and before assumption of dispatcher duties. As such, the petitioner contends that a rest 

period of at least 8 hours is equivalent to the rest period requirement in § 121.465.

The petitioner states that, utilizing United’s Safety Management System (SMS) risk matrix 

protocol, a risk ranking of 1A-Limited has been assigned in consideration of the following:

• The exemption to the duty time limitations of § 121.465 meets the published guidance of 

the FAA Aviation Rulemaking Advisory Committee Training and Qualification Issue 

Area, Air Carrier Working Group Task 3 – Crew Resource Management.

• By limiting the application of the exemption to training scenarios involving operating 

familiarization, there is no flight safety risk associated with the extended duty period.

• For an operating familiarization flight segment that exceeds 8 hours, a seat in the aircraft 

cabin is blocked for the aircraft dispatcher’s use as a rest area.

• When scheduled for a duty period that exceeds 10 hours under the exemption, the aircraft 

dispatcher will be provided a rest period of at least 8 hours prior to the next duty 

assignment.

The petitioner stipulates that the requested exemption from the limitations in § 121.465 will only 

be applied to the operating familiarization activities in which the duty assignment exceeds 

10 hours. The petitioner further specifies that the exemption will not be applied to classroom, 

dispatch desk-related training, performance of traditional aircraft dispatcher duties of flight 

planning, flight release, exercise of operational control, or flight monitoring. In addition, the 

petitioner highlights that aircraft dispatchers covered under the requested exemption will be 

provided a rest period of at least 8 hours prior to their next duty assignment.

The petitioner states that if an exemption is granted, its Network Operations will implement its 

provisions, conditions and limitations by:
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• Documenting the exemption’s application, conditions, and limitations in the Dispatch 

Operations Manual, Dispatch Scheduling Reference and Procedure Manual, and the 

Dispatch Training Manual.

• Fully brief Dispatch leadership and PAFCA safety representatives regarding the 

exemption’s application, conditions, and limitations.

• Network Operations will monitor operating familiarization and application of the 

exemption through its SMS processes.

The petitioner states that a grant of exemption is in the public interest because it promotes 

dispatcher proficiency and protects against dispatcher fatigue; which in turn advances aviation 

safety.

A summary of the petition was published in the Federal Register on December 03, 2015 (80 FR 

75700). No comments were received.

The FAA's analysis is as follows:

The FAA finds that the information provided by the petitioner supports the relief sought 

by United Airlines. However, the equivalent level of safety proposed in the petition is not 

adequate to ensure an aircraft dispatcher receives adequate rest prior to the next duty assignment 

following operating familiarization of more than 10 hours, for the following reasons:

1. The 8 hour rest period proposed in the petition, following duty in excess of 10 hours, 

does not account for the time it would take for a dispatcher to disembark the airplane, 

complete passage through Customs and travel back home or to a suitable 

accommodation at which the dispatcher could receive actual rest. 

2. The petition does not address the time the aircraft dispatcher would spend traveling 

back to home base after having completed operating familiarization. This time is 

considered to be spent in Deadhead transportation. The FAA has already determined 

by rule (See part 117 Definition of Deadhead Transportation and §§ 121.491 and 

121.519) that time spent in Deadhead transportation is duty and cannot be counted as 

rest. Although this determination has been established within the scope of flightcrew 

member duty and rest requirements, the factors considered in making the 

determination apply to any airman subject to duty and rest requirements and who 

spends time engaged in Deadhead transportation.

Although United has proposed to block a seat in the aircraft cabin for use as a rest area by the 

aircraft dispatcher undergoing operating familiarization on a flight segment that exceeds 8 hours,

the FAA finds that this does not relate to any mitigation of the rest requirement found in 

§ 121.465. Since any time the aircraft dispatcher spends onboard the flight is considered to be 

duty, the dispatcher is on duty even when sitting in a seat blocked off as a rest area.

To bridge the gap between what United proposes and the FAA’s established standards for 

flightcrew member rest, the FAA has determined that a minimum of a 10 hour continuous, 

uninterrupted rest period, during which the aircraft dispatcher is free from all restraint by the 

certificate holder, including freedom from present responsibility for work should the occasion 
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arise, would be required prior to assignment to any duty outlined in Condition No. 1 of this 

exemption. Rest must be on the ground and cannot be onboard an aircraft. 

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, 

delegated to me by the Administrator, United Airlines Inc. is granted an exemption from 

14 CFR §§ 121.465(b)(1) and 121.465(b)(2) to the extent necessary to allow United Airlines’ to 

schedule aircraft dispatchers for duty in excess of 10 hours to allow the aircraft dispatcher to 

complete operating familiarization on international, long-range flights that are in excess of 10 

hours in duration. Although not specifically petitioned for by United Airlines, this exemption 

applies both inside and outside the United States, because operating familiarization flights with 

flight times in excess of 10 hours will always require a portion of the flight to be operated 

outside of the United States. When exercising the privileges of this exemption the following 

conditions and limitations apply: 

Conditions and Limitations

1. The certificate holder may not schedule, and an aircraft dispatcher may not accept, an 

assignment for any duty that involves: Preflight planning, dispatch release or the

exercising of operational control and joint authority over initiating, conducting, or

terminating a flight, in accordance with the requirements set forth in §§ 121.533 and 

121.535, unless the aircraft dispatcher is given a rest period of at least 10 consecutive 

hours on the ground, immediately before beginning that duty assignment. The rest period 

may not begin until after the aircraft dispatcher is released from all duty on behalf of the 

certificate holder. 

2. The 10-hour rest period must provide the aircraft dispatcher with an opportunity to 

receive a minimum of 8 uninterrupted hours of rest.

 

3. A certificate holder may not schedule, and an aircraft dispatcher may not accept, any duty 

contrary to the conditions and limitations of this exemption, when conducting operations 

in accordance with the privileges contained herein. 

This exemption terminates on March 31, 2018, unless sooner superseded or rescinded.

Issued in Washington, DC, on March 10, 2016.

/s/

John Barbagallo

Deputy Director, Flight Standards Service