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 3 rd Avenue, 6 th 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 w ithin 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-E2

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 tw o-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.3

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 prope r flightcrew rest. Flight crewmember fatigue is a fundamental factor and poses a seri ous 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