AFS

- 15

- 2434

- E January 5, 2016

Exemption No. 14236 Regulatory Docket No. FAA

- 201 5

- 2372

Mr. Stephen M. Dickson Senior Vice President, Flight Operations Delta Air Lines, Inc. 1010 Delta Blvd., Dept. 027 Atlanta, GA 30354

Dear Mr. Dickson :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it en ds.

The Basis for Our Decision

By letter dated June 15 , 2015

, you petitioned the Federal Aviation Administration (FAA) on

behalf of Delta Air Lines, Inc. (Delta)

, for an exemption from § 121.629(b) of Title 14, Code of Federal Regulations (14 CFR) to exem pt Delta from the requirement that “no person may take off an aircraft when frost, ice, or snow is adhering to the wings,” if Boeing, the original equipment manufacturer (OEM) of the B

- 737

- 700,

- 800 , and

- 900 /900ER Next Generation (NG) airplanes, has deter mined a safe zone within which cold soaked fuel frost (CSFF) is permissible; visibly marked the zone on the wing; and placed an appropriate limitation in the

FAA

- approved Airplane Flight Manual (AFM).

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Delta

.

The FAA has issued a grant of exemption in circumstances simila r in all material respects to those presented in your petiti on. In Grant of Exemption No

. 13337 (copy enclosed), the FAA

found that allowing Southwest Airlines to dispatch and takeoff B737

- 700 and

- 800 NG aircraft with CSFF within the limitations specifie d in the FAA

- approved Boeing AFM2

accompanied by the required training of associated personnel would not adversely affect

saf ety. In addition, the FAA found that a grant would be in the public interest because it

would decrease the environmental impact of using deicing fluids and would increase operational efficiency and effectiveness by allowing specified aircraft as defined by the Boeing analysis and written in the FAA

- approved AFM limitations to dispatch and takeoff without having to remove CSFF from the delineated upper wing surfaces. Although Exemption No. 13337 applied only to the B737

- 700 and 800 NG aircraft , the FAA finds that

its determination that a grant of exemption would not adversely affect safety also extends to

the B737

- 7 00 and 900 /900ER NG a ircraft because Boeing’s safety analysis and the FAA

approved AFM also cover these series

.

Having reviewed your reasons for requesting an exemption, I find that

—

• they do no t differ materially from those presented by the petitione r in the enclosed G rant

o f E xemption No. 13337 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 13337 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S. C. §§ 10 6 (f), 40113 and 44701, which the FAA Administrator has delegated to me, Delta Air Lines, Inc. is granted an exemption from § 121.629(b) of Title 14, Code of Federal Regulations (14 CFR) to exempt Delta from the requirement that “no person may take off an aircraft when frost, ice, or snow is adhering to the wings,” if Boeing, the original equipment manufacturer (OEM) of the B

- 737

- 700,

- 800, and

- 900 /900ER Next Generation (NG) airplanes, has determined a safe zone within which cold soaked fuel frost ( CSFF) is permissible; visibly marked the zone on the wing; and placed an appropriate limitation in the FAA

- approved Airplane Flight Manual (AFM) . This exemption

is subject to the conditions and limit ation s described below.

Conditions and Limitations :

1. Th e dispatch and takeoff with CSFF on upper wing surfaces only applies to Delta Boeing

737

- 700,

- 800 , and

- 900 /900ER NG aircraft as specified in the Boeing engineering and aeronautical analysis.

2. Delta will use and adhere to the revised Boeing AFM miscellane ous limitations for CSFF in all instances concerning CSFF.

3. This exemption does not relieve Delta from any other limitation s or requirements with regards to deicing and anti

- icing operations.

4. This exemption is provided and effective under the following co nditions:3

a. The appropriate Delta operations manual contains the following limitations and conditions from the FAA approved B

- 737

- 700,

- 800 , and

- 900 /900ER NG AFM:

Takeoff with cold soaked fuel frost on the wing tank upper surfaces is not permitted if

any of the following conditions are present:

1) The ambient air temperature is below +4 degree s C, + 39 degree s fahrenheit

.

2) The tank fuel temperature is below

- 16 degree s C, +3 degree s F.

3) There is cold soaked fuel frost on the wing tank upper surfaces th at is beyond the lines defining the permissible cold soaked fuel frost area.

4) There is precipitation or visible moisture (rain, snow, drizzle, or fog with less than 1 mile visibility).

b. FAA has approved Delta CSFF pilot training program and any assigned pilot s must have been trained prior to applying CSFF exemption standards.

c. Delta must provide ground and operational training to all pilots and ground personnel to ensure each is able to clearly discern the applicability of the CSFF exemption requirements, to include identifying which Delta aircraft have the painted CSFF upper wing areas. The training must include recognition of those airplanes approved for CSFF exemption.

d. The pilot

- in

- command retains final authority for takeoff of a flight with CSFF.

This exemption terminates on January 31, 2018 , unless sooner superseded or rescinded.

Sincerely,

Enclosure