July 22, 2011 

Continental Airlines, Inc. and United Air Lines, Inc. are commonly owned by United Continental 

Holdings, Inc. as a result of the merger completed on October 1, 2010. United and Continental 

have provided a Transition Plan which has been accepted by the FAA and for which Operation 

Specification A502 has been issued in anticipation of a Single Operating Certificate (SOC) being 

granted in late 2011. The final operating certificate will be the current Continental Airlines 

certificate (CALA014A). 

With the transition activities underway, the purpose of this letter is to request approval for an 

exemption from a single regulation to ensure a smooth transition to a Single Operating

Certificate. 

Applicable Regulation & Extent of Relief Requested 

The carriers are following the process outlined in 14 CFR 11 in requesting a one-time exemption 

from the regulation cited below: 

§121.291 Demonstration of emergency evacuation procedures. 

(a) Except as provided in paragraph (a)(1) of this section, each certificate holder must conduct an actual demonstration 

of emergency evacuation procedures in accordance with paragraph (a) of appendix D to this part to show that each type 

and model of airplane with a seating capacity of more than 44 passengers to be used in its passenger-carrying 

operations allows the evacuation of the full capacity, including crewmembers, in 90 seconds or less. 

(1) An actual demonstration need not be conducted if that airplane type and model has been shown to be in 

compliance with this paragraph in effect on or after October 24, 1967, or, if during type certification, with 

§25.803 of this chapter in effect on or after December 1, 1978. 

(2) Any actual demonstration conducted after September 27, 1993, must be in accordance with paragraph (a) 

of appendix D to this part in effect on or after that date or with §25.803 in effect on or after that date. 

(b) Each certificate holder conducting operations with airplanes with a seating capacity of more than 44 passengers 

must conduct a partial demonstration of emergency evacuation procedures in accordance with paragraph (c) of this 

section upon: 

(1) Initial introduction of a type and model of airplane into passenger-carrying operation; 

(2) Changing the number, location, or emergency evacuation duties or procedures of flight attendants who are 

required by §121.391; or 

(3) Changing the number, location, type of emergency exits, or type of opening mechanism on emergency 

exits available for evacuation. 

Safety & Regulatory Compliance 

Post Office Box 4607 HQSSY 

Houston, TX 77210-4607 

Tel 713 324 8598 

Fax 713 324 8538 

continental.com 
(c) In conducting the partial demonstration required by paragraph (b) of this section, each certificate holder must: 

(1) Demonstrate the effectiveness of its crewmember emergency training and evacuation procedures by 

conducting a demonstration, not requiring passengers and observed by the Administrator, in which the flight 

attendants for that type and model of airplane, using that operator's line operating procedures, open 50 

percent of the required floor-level emergency exits and 50 percent of the required non-floor-level emergency 

exits whose opening by a flight attendant is defined as an emergency evacuation duty under §121.397, and 

deploy 50 percent of the exit slides. The exits and slides will be selected by the administrator and must be 

ready for use within 15 seconds; 

(2) Apply for and obtain approval from the certificate-holding district office before conducting the 

demonstration; 

(3) Use flight attendants in this demonstration who have been selected at random by the Administrator, have 

completed the certificate holder's FAA-approved training program for the type and model of airplane, and 

have passed a written or practical examination on the emergency equipment and procedures; and 

(4) Apply for and obtain approval from the certificate-holding district office before commencing operations 

with this type and model airplane. 

(d) Each certificate holder operating or proposing to operate one or more landplanes in extended overwater operations, 

or otherwise required to have certain equipment under §121.339, must show, by simulated ditching conducted in 

accordance with paragraph (b) of appendix D to this part, that it has the ability to efficiently carry out its ditching 

procedures. For certificate holders subject to §121.2(a)(1), this paragraph applies only when a new type or model 

airplane is introduced into the certificate holder's operations after January 19, 1996. 

(e) For a type and model airplane for which the simulated ditching specified in paragraph (d) has been conducted by a 

part 121 certificate holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of appendix D to this part are 

complied with if each life raft is removed from stowage, one life raft is launched and inflated (or one slide life raft is 

inflated) and crewmembers assigned to the inflated life raft display and describe the use of each item of required 

emergency equipment. The life raft or slide life raft to be inflated will be selected by the Administrator. 

The specific portions of the regulation which impact the scenario at hand are sub (b) and sub (e). 

Relief from the regulatory requirement for partial evacuation and ditching demonstrations for the 

Boeing 747-400 and Airbus A319/A320 is requested. This request is made following a detailed 

risk assessment which determined that operating experience, personnel controls, lack of 

procedural change, training quality and enhanced frequency of emergency training have 

established an equivalent level of safety. 

Risk Evaluation and Equivalent Level of Safety 

The following are key factors in the determination that United Airlines should be granted the 

requested relief: 

• The Boeing 747 was first introduced to the Continental certificate in 1970. 

• United has 21+ years of operation of the B747 

• United has 17+ years of operation of the A319/320 

• Successful prior evacuation demonstrations have been conducted by United for each type: 

o B747-400 – April 2008 upon interior reconfiguration

o A319/320 – December 1993 upon introduction of the type 

• Continental’s approved evacuation procedures were incorporated into United’s Flight Attendant 

Operations Manual (FAOM) March 29, 2011. In addition, computer-based training on these 

procedures was initiated on the same date. Effective April 15, 2011, seven months in advance of 

the projected issuance of an SOC, United flight attendants participating in 2011 recurrent training 

are completing hands-on drills for each aircraft utilizing these procedures. 

• United flight attendants are currently flying the B747-400 and A320 aircraft with these 

evacuation procedures without a requirement for partial evacuation demonstrations. These 
changes in procedures are already in use today, having been deemed safe for passenger carriage. 

This is not a new factor being introduced at SOC. 

• By the projected SOC date 71% of active flight attendants will have completed Recurrent 

Emergency Training (RET) and 100% will have accomplished Integration training via eLearning 

including a comprehensive review of emergency procedures with more than 20 knowledge 

validation assessments specific to evacuation procedures required for each participant. 

• Conducting a single partial evacuation demonstration using a randomly selected crew to 

demonstrate procedures currently in use on the aircraft will not validate the efficacy of the 

procedures. The on-going training and associated knowledge validation/testing of all United 

flight attendants of their understanding of the end-state emergency procedures provides a more 

thorough confirmation of flight attendant competency than would be achieved through a partial 

evacuation demonstration. 

• All such changes related to evacuation procedures have been completed under the FAA approval 

process for such procedures including ensuring compatibility between flight deck and cabin 

procedures. 

o A thorough review of both carrier’s procedures verified that a high degree of similarity 

existed between the two carrier’s emergency procedures prior to the merger 

• Currently, both carriers exceed FAA requirements by conducting flight attendant hands-on 

emergency training on a 12-month interval in lieu of the 24 months required by regulation. 

• Actual in-service performance has demonstrated safety through expeditious, safe and successful 

evacuations. From 2008 to date, United has had seven aircraft evacuations. Of them, two resulted 

in minor passenger/crew injuries (treated and released at the scene), and one had a serious injury 

(to a crewmember) resulting in a broken bone. Four of the seven events experienced a single 

blocked door exit due to an unusable slide. These door failures were attributed to various failures 

and the performance is consistent with the expectations set forth in evacuation scenarios. 

• Extensive controls are in place to prevent pre-merger crewmembers from operating aircraft until 

appropriate transition training is complete: 

o United crewmembers and mechanics are not being hired, but moved as part of an A502 

controlled merger, to the CALA014A certificate. 

o Crewmembers on the United aircraft moving to the Continental certificate will be fenced 

by the contract and each group cannot and will not fly the other group’s aircraft. 

o This condition will continue until a single contract is negotiated which permits crossfleeting, a single seniority list is established and technology and process integration 

involving crew scheduling and tracking can be accomplished. These steps are not 

forecast to be completed until 2013. 

o Further, each carrier’s scheduling system will not recognize or accept employee numbers 

from the opposite carrier. This fact becomes a strict control prohibiting the possibility of 

crossing of personnel until appropriate procedural and technical hurdles have been met. 

The carrier believes such controls are more than sufficient to demonstrate a steady-state condition 

will exist at SOC without changes in assigned personnel on these fleet types. 

In conclusion, extensive operating history with these aircraft types, including demonstrated 

capabilities to train flight deck, cabin, and maintenance crew personnel as well as the on-going 

successful operation of the equipment, provides a validation of the carrier’s ability in a manner 

far better than accomplishment of a demonstration. Controls introduced by the Carriers ensure 

no changes in process, people, or planes are occurring at the time SOC is granted. On the day of 
SOC the operation will be unchanged from the day prior and follow months of steady state 

operation and enhanced training, establishing a clear equivalent level of safety. 

Resourcing Impacts & Public Interest 

The costs of accomplishment of the emergency evacuation and/or ditching demonstration are 

significant in terms of both financial and resource commitments for both the carrier and the 

FAA. Costs include aircraft out of service time, slide repack requirements in light of scarcity of 

747-400 slide assemblies, as well as travel requirements for both carrier and FAA resources. 

Avoidance of these direct and indirect costs for an ineffective demonstration runs contrary to the 

public interest. 

However, more significant is the resource drain imposed on both FAA and Carrier resources 

dedicated to the integration project. United foresees further benefit to safety due to Company 

and FAA resources remaining focused on managing the integration process in ways which have a 

potential to manage risk far more effectively than these demonstrations. Resources being 

committed to a task for which an equivalent level of safety has been shown runs contrary to the 

public interest. 

Further, minor injuries are common to participants during completion of even partial evacuation 

demonstrations. In light of this likelihood, conducting such a demonstration after an equivalent 

level of safety has been shown runs contrary to the public interest. 

Past Precedent for Exemption 

In 1992, Continental Micronesia (CMI) was granted Exemption 5525 waiving the requirement to 

conduct demonstrations on the B727 and DC-10 based upon demonstrations having previously 

been accomplished by Continental and a common set of emergency procedures in use by 

crewmembers from both carriers. The FAA summarized the carrier’s filing as follows in the 

exemption: 

“CMI submits that these requirements have, in effect, already been met. They were met 

by CAL utilizing its flight attendants in Boeing 727-100 and -200 series aircraft as well 

as McDonnell-Douglas DC-10-10 and -30 series aircraft. These are the same aircraft 

which will be transferred from CAL to CMI, and the aircraft will be operated by CMI 

utilizing the cockpit and cabin crews who are presently serving in the same capacity 

with CAL. [emphasis added] 

Section 121.291(b) outlines the circumstances when a partial evacuation demonstration is 

to take place. Section 121.291(e) details the procedures for simulated ditching 

demonstrations. CMI submits that the demonstrations required by the rule have been 

performed utilizing the same equipment and, philosophically speaking, by the same 

people. 

As indicated above, there will be no material change to the airplanes being used by 

CMI. The airplanes which were being operated by CAL will be transferred to and 

operated by CMI. CMI flight attendants will come from CAL.” [emphasis added] 

The FAA agreed with this analysis and granted exemption based upon the lack of change in the 

operation (people, planes and process), which parallels the scenario described here, stating in 

part: 

“The purpose of the evacuation and ditching demonstrations is to confirm the efficacy of 

the air carrier's emergency evacuation, ditching procedures, and training and maintenance 

programs. These are only required by the FAR upon the initial introduction of a type and 

model of airplane. CAL successfully conducted these demonstrations. The crews at CMI 

will be from CAL. 

The FAA notes that CMI indicates that its future operations will be identical to operations 

which are presently conducted by CAL, and that CAL has successfully accomplished the 

required demonstrations. 
The FAA finds that CMI has shown that its proposed exemption would provide a level 

of safety equivalent to the regulation.” [emphasis added] 

Given the FAA has previously allowed a newly certificated carrier to avoid demonstrations even 

when operating in the remote environment of the South Pacific, the granting of approval in the 

present case seems clearly warranted. 

Conclusion & Request for Non-Publication 

To deny this petition is to put forth that an aircraft’s change in assigned operating certificate – 

without any associated change in aircraft, people, or process – somehow results in a potentially 

unsafe condition warranting an expensive and resource-intensive demonstration. An equivalent 

level of safety has been demonstrated with regard to the purposes for which the partial 

evacuation and ditching demonstrations are accomplished. In light of this equivalency, to 

require conduct of these demonstrations is not in the public interest due to the associated costs, 

resource drain and potential for personal injury. 

The company requests that processing of its petition not be delayed for publication and 

comments in the Federal Register. Publication would cause unnecessary delay to the carriers’ 

opportunity to avail themselves of the requested relief and reveal private corporate data 

contained in this petition. 

We look forward to your response to this request. Should you require any additional information 

to evaluate this request please contact me and I will ensure it is quickly provided. 

Sincerely, 

Don Gunther 

Staff Vice President Safety 

Continental Airlines