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

GR ANT OF EXEMPTION

By letter s dated October 23, 2012 , and October 24, 2012 and supplemental information submitted May 9, 2013, Mr. Dennis Manibusan, President, Air Transport International, Mr.

Ed S hockley, Director of Technical Services, and Mr. Timoth y V. Erickson, Director of Quality Control, One Cantrell Center , 2800 Cantrell Road, Little Rock, Arkansas 72202 petitioned the Federal Aviation Administration (FAA) o n behalf of A ir Transport

International for an exemption from § 121.313(j)(1)(ii)

, of Tit le 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 ad jacent 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 crew2

members to meet the flight attendant requirement of that section. The petitioner asserts

that the additional flight crew member wou ld complete the Supernumerary Training

Course and be trained and qualifi ed 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 , th e 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 pro vided if ATI provides additional flight crew member s in lieu of a flight attendant in the supernumerary area of its Boeing 757

- 200 aircraft configured for combined cargo and passenger carriage. The add itional flight crew member s 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 inc lude 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 pertain s 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 co ntained in 49 U.S.C. §§ 106(F), 40113 and 44701, delegated to me by the Ad ministrator, Air Transport International is granted an exemption

from 14 CFR § 121.313(j)(1)(ii) to the extent necessa ry 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. A n additional flight crew member sh all 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 Princ ipal Operations Inspector assigned to ATI and by AFS

- 200 pr ior 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 Operation s Inspector.3

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