AFS

- 13

- 529

- E Exemption No. 10885

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

JETBLU E AIRWAYS

CORPORATION Regulatory Docket No. FAA 2013

- 0764

for an exemption from

Title 14, Code of

Federal Regulations P art 121,

Subparts Q , R, and S

DENIAL OF EXEMPTION

By letter dated August 27, 2013

, Mr. Robert Maruster, Executive Vice President, Chief

Operating Officer, JetBlue Airways Corporation, 27

- 01 Queens Plaza North, Long Island City,

NY 11101 petitioned the Federal Aviati on Administration (FAA) for an exemption from p art

121

, S ubparts Q, R, and S of Title 14, Code of Federal Regulations (14 CFR) . The proposed

exemption, if granted, would enable JetBlue to delay implementing 14 CFR part 117 until the

period between January 7, 2014 and January 31, 2014

.

The petitioner r equests relief from the following regulation:

Beginning on January 4, 2014, all passenger operations operated under 14 C F R

part 121 will be subject to the flight, duty, and rest rules of 14 C F R part 117. JetBlue’s

exemption request seeks to delay the effective date of part 117 so that it does not apply

to JetBlue’s operations until sometime between January 7 and January 31, 2014.

The petitioner supports its request with the following information:

The pet itioner states that the p art 117 effective dates falls during the most peak travel

period for passengers and airline operations, and flexibility is needed to provide options

to avoid potential disruptions to the national airspace system

. JetBlue states th at they

will encounter a programming burden of building one flight crew schedule under

part 121 flight duty time rules during January 1 through January 4, 2014 and build

another schedule for the remaining days of January 2014. JetBlue states that delaying2

the start of part 117 flight duty time rules will not adversely impact safety as they will

apply what the FAA has determined to be an improved regulation.

Comment opposing the petition

O ne comment was submitted by the Air Line Pilots Association Interna tional (ALPA)

in opposition to the JetBlue’s petition. A LPA opposed granting the exemption because

the January 4, 2014 implementation deadline included a two year implementation

period. Since JetBlue could implement prior to the January 4, 2014 deadline, ALPA

stated that the convenience of the operator is not a valid basis for the exemption.

The FAA's analysis is as follows:

The FAA has review ed the petition and the associated comment and determined

JetBlue would not have to build two separate schedules under two separate rules to

comply with the implementation deadline of January 4, 2014. At this time, the FAA

has determined that granting a petition for early implementation or early transition to

part 117 would not adversely affect safety and would be in the public interest. 1

Accordingly, JetBlue could petition the FAA to implement or transition to part 117

prior to January 4 , 2014 and thus alleviate the burden described in its petition

.

Furthermore, JetBlue has not articulated a novel or unique bur den different than any

other p art 121 operator. Due to the two

- year implementation period provided by the

final rule that created part 117 , it is not in the public interest to allow JetBlue any

further delay in implementation.

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. §§ 106(f), 40113

and 44701, delegated to me by the Administrator, the petition of Jet Blue Ai rways Corporation

for an exemption from 14 CFR § 121

, S ubparts Q, R, and S, dated August 27, 2013

, is hereby

denied.

Issued in Washington, DC , on October 31, 2013

.

/s/

Michael J. Zenkovich

Deputy Director, Flight Standards Service

1 Clarification of Implementation of Regulations and Exemption Policy Wi th Regard to Early Implementation

and Transition , 78 FR 59226 (Sep. 26, 2013).