Exemption No. 10034 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

Centurion Air Cargo, Inc. Regulatory Docket No. FAA-2009-0894

 

for an exemption from § 121.503(a) 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION 

 By letter dated September 23, 2009, Mr. Juan R. Serrano, Counsel for Centurion Air 

Cargo, Inc. (Centurion), 707 SE 3rd Avenue, 6th Floor, Fort Lauderdale, Florida 33316, 

petitioned the Federal Aviation Administration (FAA) on behalf of Centurion for an 

exemption from § 121.503(a) of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption, if granted, would allow Centurion, when conducting supplemental 

operations, to schedule a pilot to fly in an airplane for 8 hours or less during any 24-

consecutive hours without a rest period during those 8 hours. 

The petitioner requests relief from the following regulation:

Section 121.503(a) prescribes that a certificate holder conducting supplemental operations 

may schedule a pilot to fly in an airplane for 8 hours or less during any 24 consecutive hours 

without a rest period during those 8 hours. 

The petitioner supports its request with the following information:

The petitioner states that its MD-11 airplanes are configured to operate for two-pilot 

crews in excess of 8 hours of flight time within a 24 hour period on a single route between 

Miami International Airport (MIA) and Buenos Aires, Argentina’s Ezeiza Airport (SAEZ). 

The petitioner provides data indicating that the flight time between these city pairings will 

range from 7 hours 44 minutes to 8 hours 9 minutes; therefore, Centurion is petitioning for an 

exemption from § 121.503(a) not to exceed 8 hours 15 minutes in a 24-hour period. 

AFS-09-408-E 
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The petitioner states that an exemption would benefit the public by reducing emissions 

created by wasted fuel and will ultimately provide a more efficient and environmentally 

conscious cargo service. Centurion states that pilots operating under the exemption would 

endure a shorter duty day and be at the controls of the aircraft for much less time than those 

operating out of busy airports. The petitioner also notes that flightcrews operating under this 

exemption would be given 24 hours of rest before and after such operations. 

 A summary of the petition was published in the Federal Register on October 28, 2009 

(74 FR 55620). One comment was received in opposition to Centurion’s petition for 

exemption. 

The FAA's analysis is as follows: 

Centurion currently operates MD-11 airplanes along a non-stop route between MIA 

and SAEZ in which the carrier indicates it flight plans the route to maintain an altitude of 

26,000 feet at a speed of mach .85 to achieve a flight time of 7 hours 44 minutes for that 

segment. The carrier indicates that operations conducted at an altitude of 35,000 feet at a 

speed of mach .82 would require a flight time of 8 hours 9 minutes, which exceeds the 

regulatory requirements of 14 CFR § 121.503(a) for two-pilot crews. Its desire to seek relief 

from this rule is based upon fuel savings along with its assertion that the segment can still be 

achieved within 8 hours but requires operation of the airplane at inefficient thrust settings and 

altitudes, which significantly increase fuel burns and aircraft emissions as much as 3,000 

gallons. 

The carrier proposes that if the petition is granted, the relief will exceed the 8-hour 

flight time limit by no more than 15 minutes and would be occasional for: 

• The limited routes between MIA – SAEZ, nonstop; 

• Only when the scheduled flight time at optimum speeds and altitudes exceed 8 hours 

of flight time; and 

• The 8-hour regulatory requirement would only be exceeded by no more than 15 

minutes (3 percent of the 8-hour limit). 

Centurion asserts that to make the scheduled flight segments between these city pairs in 

less than 8 hours of flight time, the carrier must operate its MD-11 airplanes at inefficient 

faster airspeeds and lower flight levels, which greatly increases fuel burn. It indicates that 

fuel burn at such altitudes will increase as much as 20,000 pounds or 3,000 gallons on each 

flight segment, which makes its revenue margins very tight. 

Centurion proposes certain fatigue mitigation initiatives as a means for establishing an 

equivalent level of safety pertaining to the flight crewmembers conducting such operations in 

accordance with this petition for exemption. Such initiatives require each flight crewmember 

to receive at least 24-hours of rest before and after each operation conducted in accordance 

with this proposed petition. 
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After careful consideration of Centurion’s petition and supporting data, the FAA has 

determined the petition is not unique, and Centurion has not satisfactorily demonstrated that 

granting this petition would be in the public interest, as required by 14 CFR part 11, 

§ 11.81(d). While the FAA has previously granted five exemptions to part 121 air carriers for 

14 CFR part 121, § 121.503(b), four of the exemptions were granted to operate domestically 

under § 121.471 and the fifth grant was for non-stop transcontinental operations between the 

west and east coasts of the United States. 

The FAA attaches great importance to proper flightcrew rest. Flight crewmember 

fatigue is a fundamental factor and poses a serious threat to aviation safety. The flight time 

limitation rules regulate the number of flight-hours a flight crewmember may accrue in any 

given time period and the frequency and duration of rest periods that a flight crewmember 

must be given and are all in the interest of the individual as well as the public. While 

Centurion proposed it will ensure each flight crewmember operating under this exemption 

will be given 24 hours of rest before and after such operation takes place, it is unclear and is 

ambiguous as to whether this 24-hour rest period is at the conclusion of each flight segment 

or at the conclusion of the round trip. Additionally, the previous exemptions granted by the 

FAA were specifically for domestic operations not for international operations. 

The FAA’s Decision: 

 In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 

and 44701, delegated to me by the Administrator, the petition of Centurion Air Cargo, Inc., 

for an exemption from 14 CFR § 121.503(a) is hereby denied. 

Issued in Washington, D.C., on March 22, 2010. 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service