AFS-13-086-E

Exemption No. 10935

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

AIR TRANSPORT 

INTERNATIONAL Regulatory Docket No. FAA-2012-1169

for an exemption from 

§ 121.313(j)(1)(ii) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

 By letters dated October 23, 2012, and October 24, 2012 and supplemental information 

submitted May 9, 2013, Mr. Dennis Manibusan, President, Air Transport International, Mr. 

Ed Shockley, Director of Technical Services, and Mr. Timothy V. Erickson, Director of 

Quality Control, One Cantrell Center, 2800 Cantrell Road, Little Rock, Arkansas 72202

petitioned the Federal Aviation Administration (FAA) on behalf of Air Transport 

International for an exemption from § 121.313(j)(1)(ii), of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would allow ATI to operate its

Boeing 757-200 aircraft configured for combined cargo and passenger carriage (referred to as 

“combi” aircraft), with an additional flight crew member in lieu of a flight attendant in the 

area adjacent to the cockpit (referred to as supernumerary area).

The petitioner requests relief from the following regulation[s]:

Section 121.313 (j)(1)(ii) prescribes in pertinent part that each operator must establish 

methods to enable a flight attendant to enter the pilot compartment in the event that a 

flightcrew member becomes incapacitated. 

The petitioner supports its request with the following information:

The petitioner requests an equivalent level of safety finding from the FAA to comply 

with the requirements of §121.313(j)(1)(ii) through the use of additional flight crew 
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members to meet the flight attendant requirement of that section. The petitioner asserts 

that the additional flight crew member would complete the Supernumerary Training 

Course and be trained and qualified to perform the duties specified § 121.313(j)(1)(ii). 

 Although the petitioner requested that action on its petition not be delayed for publication 

in the Federal Register, the FAA found that the petition, if granted, would set a precedent. A

summary of this petition was published in the Federal Register on October 2, 2013. No

comments were received.

The FAA's analysis is as follows:

The FAA has reviewed the ATI petition and finds that an equivalent level of safety 

would be provided if ATI provides additional flight crew members in lieu of a flight attendant 

in the supernumerary area of its Boeing 757-200 aircraft configured for combined cargo and 

passenger carriage. The additional flight crew members would be trained and qualified to 

perform the duties required by §121.313 (j)(1)(ii) pertaining to flight attendant duties and 

specified in the approved Supernumerary Training Course. The Supernumerary Training 

Course will include the requirements of § 121.421 as it pertains to flight attendant safety and 

emergency duties. The course curriculum also will include the requirements of 121.421 as it 

pertains to the supernumerary area and the requirements of § 121.421 as it pertains to the 

supernumerary area and the requirement of §121.805 concerning flight attendant duties.

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, Air Transport International is granted an exemption 

from 14 CFR § 121.313(j)(1)(ii) to the extent necessary to allow ATI to operate its B-757-200

aircraft configured for combined cargo and passenger carriage, without a flight attendant 

being stationed in the supernumerary area. The grant of exemption is subject to the 

conditions and limitations listed below.

Conditions and Limitations

1. An additional flight crew member shall be stationed in the supernumerary area to 

perform the flight attendant duties as specified in the Supernumerary Training 

Course.

2. The Supernumerary Training Course Outline and the curriculum details will be 

reviewed and approved in writing by the Principal Operations Inspector assigned to 

ATI and by AFS-200 prior to this exemption being exercised. 

2. All Supernumerary policies and procedures specific to flight crew members 

exercising this exemption must be reviewed and approved by the Principal 

Operations Inspector. 
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3. Any flight crew member assigned to the supernumerary area will complete the 

Approved Supernumerary Training Course and will be fully trained and qualified 

prior to exercising the exemption. 

4. A copy of this exemption must be carried onboard all ATI Boeing 757-200 aircraft 

utilizing this exemption.

This exemption terminates on November 30, 2016, unless sooner superseded or rescinded.

Issued in Washington, DC, on February 11, 2014.

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service