AFS-16-0380-E 

 

Exemption No. 16638 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

 

FREIGHT RUNNERS EXPRESS, INC. Regulatory Docket No. FAA-2015-4436 

 

for an exemption from § 135.128(a) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

 By a submission to the docket dated October 19, 2015, Mr. Patrick Hammer, Director of 

Operations, Freight Runners Express, Inc. (Freight Runners), 1901 East Layton Avenue, 

Milwaukee, Wisconsin, 53207, petitioned the Federal Aviation Administration (FAA) on 

behalf of Freight Runners for an exemption from § 135.128(a) of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would allow Freight Runners to 

permit its FAA-certificated flight attendants (F/As) to perform duties related to the safety of 

the airplane and its occupants by leaving their duty stations during movement on the surfacepushback and taxi. 

The petitioner requests relief from the following regulation:

Section 135.128(a) prescribes, in pertinent part, each person on board an aircraft 

operated under this part shall occupy an approved seat or berth with a separate safety 

belt properly secured about him or her during movement on the surface, takeoff, and 

landing. 

The petitioner supports its request with the following information:

The petitioner states Freight Runners is requesting an exemption from § 135.128(a) 

during movement on the surface for FAA-certificated F/As in aircraft with more than 

19 passenger seats when performing duties related to the safety of the airplane and its 

occupants. The petitioner states that its FAA Accepted or Approved Flight Attendant 

Manual and Flight Attendant Training Program shall have procedures in place for the 
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F/A to notify the Flight Deck when the cabin has been prepared and is ready for 

takeoff; this will ensure that the flight crew will not attempt to takeoff without the 

flight attendant at her duty station with safety belt and shoulder harness fastened. 

The petitioner asserts that part 135 does not contain an equivalent to §121.391(d), 

which states, in part: "... During taxi, F/As required by this section must remain at 

their duty stations with safety belts and shoulder harnesses fastened except to perform 

duties related to the safety of the airplane and its occupants." The petitioner contends 

that all FAA-certificated F/As have the same training requirements, and the same 

passenger safety measure of allowing the F/A to check the cabin prior to takeoff 

should be extended to part 135 operations. 

The petitioner states that allowing a F/A to move about the cabin to perform safety 

related tasks enhances safety. This allows the F/A the ability to perform a final cabin 

walk through to ensure all occupants are seated with their seat belts securely fastened 

prior to takeoff. The petitioner asserts that, during extended taxi operations -

sometimes ground delays up to an hour or more- the possibility exists and is highly 

likely, that at least one passenger will remove their seat belt, remove personal items 

from the seat in front of them, unstow the tray table, or recline their seats. The 

petitioner adds that under the current regulations, the F/A would not be able to leave 

his or her seat to ensure the cabin is prepared for takeoff. 

Freight Runners contends that allowing the F/A to perform a final cabin pre-takeoff 

walk through and, in the event of an overhead bin opening prior to takeoff or after 

landing, be allowed to leave his or her seat to secure the item or attend to a passenger, 

enhances the public safety, and benefits the public. 

 A summary of the petition was published in the Federal Register on December 3, 2015 (80 

FR 75701). No comments were received. 

The FAA's analysis is as follows:

F/As are required on aircraft operated under part 135 that have a passenger seating 

configuration, excluding any pilot seat, of more than 19 in accordance with § 135.107. 

Flight attendants are trained to provide safety to passengers on board aircraft in 

accordance with an operator’s FAA-approved or 

accepted training program. Specific training topics include: F/A duties and 

responsibilities, emergency training to include emergency assignments and 

procedures, and the handling of emergency situations; and passenger handling. 

Training of F/As includes knowledge and practical testing. 

Section 135.128(a) states that each person on board an aircraft operated under part 135 

shall occupy an approved seat or berth with a separate safety belt properly secured 

about him or her during movement on the surface, takeoff, and landing. The 

regulation does not differ between the classification of people to whom this regulation 
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is directed—passengers or F/As. Therefore, it must be construed that, when the 

aircraft is under movement on the surface, or during takeoff or landing, all occupants, 

passengers and F/As, must remain in their seats with their seat belts properly secured 

about him or her. There is no specific language that permits part 135 FAA-certificated 

F/As to leave their duty stations if performing duties related to the safety of the 

airplane and its occupants. 

In contrast, 14 CFR § 121.391 specifically requires F/As during taxi to remain at their 

duty stations with safety belts and shoulder harnesses fastened except to perform 

duties related to the safety of the airplane and its occupants. In the “Operations 

Review Program” final rule (45 FR 41586; June 19, 1980), the FAA explains that the 

safety-related duties permitted by § 121.391(d) are essential to passenger safety and 

further states “[F]light attendants must brief passengers to ensure their safe evacuation 

as well as perform other safety-related functions.” 

In addition, §135.171 requires each flight crewmember occupying a station equipped 

with a shoulder harness to fasten the shoulder harness during takeoff and landing, 

except that the shoulder harness may be unfastened if the crewmember cannot 

perform the required duties with the shoulder harness fastened. [emphasis added] 

Although this regulation specifically addresses “flight crewmembers,” the use of the 

word “crewmember” in the exception clause implies that this applies to all part 135 

crewmembers assigned to that flight, including F/As. The interpretation of such 

allows F/As to be out of their jumpseat shoulder harnesses to complete safety-related 

duties, which are those that ensure compliance with the regulations or in response to 

emergency situations. 

In the “Commuter Operations and General Certification and Operations 

Requirements” Notice of Proposed Rulemaking (NPRM) (60 FR 16230; March 29, 

1995), the FAA proposed that affected commuters comply with the requirements of 

§ 121.391(d), which requires F/As to remain at their duty stations with safety belts and 

shoulder harnesses fastened except to perform duties related to the safety of the 

airplane and its occupants. On this issue, the FAA received no comments, and in the 

“Commuter Operations and General Certification and Operations Requirements” final 

rule (60 FR 65874; December 20, 1995), the agency notes that part 135 has a similar 

provision in §135.128(a) to §121.391(d), except that §135.128(a) does not specify that 

F/As may be performing safety duties during movement on the surface, and the final 

rule is adopted as proposed. 

Section 135.128(a) states “For seaplane and float equipped rotorcraft operations 

during movement on the surface, the person pushing off the seaplane or rotorcraft 

from the dock and the person mooring the seaplane or rotorcraft at the dock are 

excepted from the preceding seating and safety belt requirements.” This regulation 

contemplates a “crewmember” getting up for a particular “safety-related” reason, 
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which supports the petitioner’s request to allow F/As movement for safety-related 

reasons. 

Regulations require the air carrier to ensure that each passenger has an approved 

safety belt properly fastened around him or her during movement on the surface, 

takeoff, and landing, and that passengers have their seatbelt fastened any time the 

seatbelt sign is illuminated. Specifically, part 135 requires all occupants of an aircraft 

to be seated with their safety belts fastened during movement on the surface. When 

establishing this rule, the FAA determined that any person not occupying an approved 

seat or berth with a separate safety belt properly secured about him or her during 

movement on the surface could cause injuries to both the person or other persons 

aboard the aircraft. 

Both part 121 and 135 operators are required to establish and maintain approved F/A 

training programs, which require similar training and checking components, to include 

F/A duties and responsibilities; emergency training to include emergency assignments 

and procedures, and the handling of emergency situations; and passenger handling. 

Coordination and communication between the flight crew and the passenger cabin 

includes standardized notification from the cabin crew to the flight crew when the 

cabin crew completes all pre-takeoff and pre-landing duties, which indicates that the 

cabin has been secured, and standardized pre-takeoff and pre-landing signals from the 

flight crew, which the flight crew uses to allow sufficient time for F/As to be seated. 

The FAA believes that its action not only assigns, maintains, and enhances safety as the 

highest priorities in air commerce as directed by 49 U.S.C. 40101(d)(1) but also serves 

to regulate air commerce in a way that best promotes safety as required by 49 U.S.C. 

40101(d)(2). 

The FAA concurs with Freight Runners’ contention that allowing a F/A to perform a 

final pre-takeoff cabin walk through, and, in the event of an overhead bin opening prior 

to takeoff or after landing or following a request for emergency assistance from a 

passenger, be allowed to leave his or her seat to secure the item or attend to a 

passenger, enhances the public safety and benefits the public. 

Additionally, the FAA has determined that it is in the public interest to allow Freight 

Runners F/As to perform safety-related duties during aircraft movement on the surface. 

To exclude these trained persons from performing safety-related functions would not 

be in the interest of safety of the airplane or passengers. 

In conclusion, the FAA has determined that the exemption is in the interest of the 

traveling public, supportive of F/Asin the performance of their safety-related duties, 

and would not reduce the current level of safety for the traveling public under the 

current regulations. 
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The FAA’s Decision 

Under the authority provided by 49 U.S.C. §§ 106(f), 40113, and 44701, which the 

FAA Administrator has delegated to me, Freight Runners Express, Inc. (Freight 

Runners) is granted an exemption from § 135.128(a) of Title 14, Code of Federal 

Regulations (14 CFR) to the extent necessary to allow Freight Runners FAAcertificated F/As to perform duties related to the safety of the airplane and its 

occupants by leaving their duty stations during movement on the surface- pushback 

and taxi. 

Safety-related duties are those that ensure compliance with the regulations or respond 

to emergency situations. The safety-related duties allowed under this exemption 

include performing safety-related briefings, attending to distressed passengers, and 

responding to other emergency situations. This exemption does not authorize any 

Freight Runners F/As to perform any service-related tasks or duties, including food 

and beverage service, during movement on the surface. 

Conditions and Limitations 

1. All Freight Runners F/As must keep their safety belts and shoulder harnesses 

fastened unless the F/A is performing duties related to the safety of the airplane and its 

occupants. These duties may include: 

a. Conducting safety briefings; 

b. Compliance checks of seat belt fastening; 

c. Conducting special passenger briefings; 

d. Ensuring passenger compliance with stowage of the food and beverage tray; 

e. Ensuring passenger compliance with the “Fasten Seatbelt” and “No Smoking” 

placards/lights; 

f. Ensuring passenger placement of seat backs in an upright position; 

g. Checking for the proper stowage of carry-on baggage; 

h. Attending distressed passengers; or, 

i. Responding to emergency situations. 

2. Freight Runners’ FAA-accepted F/A manuals must have procedures in place for F/As 

to notify the flight crew when the cabin has been prepared and is ready for takeoff, 

which will ensure that the flight crew will not attempt to takeoff if F/As are not 

occupying their assigned duty stations with safety belts and shoulder harnesses 

fastened. 
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This exemption terminates on May 31, 2016, unless sooner superseded or rescinded. 

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

/s/ 

John S. Duncan 

Director, Flight Standards Service