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Exemption No. 10929

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

US Airways, Inc.

 

exemption from § 117.3 

(Rest Facilities) of Title 14, Code of Docket No. FAA-2013-1101

Federal Regulations 

 

GRANT OF EXEMPTION

This letter grants US Airways Inc. (herein referred to as the certificate holder) an exemption 

from Title 14 Code of Federal Regulations (14 CFR) § 117.3 (Rest Facilities) to collect data 

during flight operations as proposed in its Fatigue Risk Management System (FRMS) submission 

to the Federal Aviation Administration (FAA) on 12/23/2013, subject to any conditions and 

limitations specified in this exemption.

For augmented flightcrew member operations there are three elements that must be considered

when determining a flightcrew member’s maximum applicable flight duty period (FDP) limit.

These elements include the flightcrew member’s scheduled time of start (acclimated), the 

number of pilots assigned to the FDP, and the class of rest facility used. During an FAA 

evaluation of the certificate holder’s Airbus 330-200 class 1 rest facilities it was determined that 

both of the two installed rest facilities in each of the certificate holder’s Airbus 330-200 airplanes 

did not fully meet the criteria for a class 1 rest facility. The certificate holder seeks, through data 

collection and analysis, and subsequent FAA validation, to demonstrate that the non-compliant 

bunks (rest facility) provides an equivalent level of safety to that of the compliant bunk by 

demonstrating the quality of rest in the non-compliant bunk is equivalent to that quality of rest 

obtained in the compliant bunk. As such, the certificate holder will constantly monitor (through 

data collection and analysis) the affected rest facilities through fatigue report data, flightcrew 

member surveys and actigraphy, compile and analyze this data and submit this analysis to the 

FAA for validation. To demonstrate equivalence, the certificate holder will designate the lower 

bunk (class 1 rest facility) on the Boeing 777-200 as the comparative bunk. Through data 

collection and analysis, the certificate holder will attempt to demonstrate the A-330-200 bunks 

(rest facilities) may be considered equal to the comparative bunk. To accomplish this data 

collection and analysis requirement, the certificate holder seeks to have the both A-330-200
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bunks considered an equivalent class 1 rest facility and use the class 1 FDP limits prescribed in 

Table C of part 117 to determine the flightcrew member’s maximum applicable FDP limit.

Conditions and Limitations:

1) This exemption authorizes the certificate holder to conduct data collection pertinent to its 

Airbus 330-200 onboard rest facilities for the purpose of comparing a non-compliant 

bunk to another class 1 bunk (B-777-200 lower bunk) that is compliant with part 117.

2) This exemption to collect data will have a unique number assigned to that exemption. 

The certificate holder, when conducting operations under this exemption, must designate 

this exemption number on the dispatch/flight release for each flight segment operated 

under the exemption.

3) While conducting operations under this exemption, the rest facility being monitored will 

be considered a class 1 rest facility. Accordingly, the applicable FDP limits for a class 1 

rest facility may be used to determine the flightcrew member’s maximum applicable FDP 

limit for augmented flightcrew member operations.

4) Data, for the purpose of this exemption, will include actigraphy, fatigue reports and 

flightcrew member surveys analyzed by the certificate holder during the data collection 

period. This exemption is contingent on the certificate holder conducting data collection 

and analysis. The certificate holder must submit this data analysis to the FAA (AFS-200) 

at the end of each calendar month beginning on February 4, 2014 and continue this 

process until otherwise instructed by the FAA. The analysis will be submitted to the FAA 

no later than 30 days following the end of the calendar month in which the data was 

collected via e-mail at 9-AFS-200-FRMP-FRMS/AWA/FAA@FAA.GOV.

5) The certificate holder must collect and analyze all data submitted by flightcrew members 

using the rest facilities installed on each airplane type listed in Condition and Limitation 

#1 of this exemption. The certificate holder will use the data from the compliant bunk 

(comparative) as the baseline, and compare the data collected from the non-compliant 

bunks to the baseline bunk. The certificate holder will inform the FAA of the specific 

flight pairings chosen for the comparison of non-compliant and compliant bunks.

6) The certificate holder must inform the affected flightcrew members using rest facilities

under this exemption that the rest facilities are being monitored for data collection and 

analysis.

7) A copy of this exemption must be kept onboard the airplane and made available to all 

affected flightcrew members while operating under this exemption.

8) The affected flightcrew member must consent to participate in a data collection under this 

exemption. If an affected flightcrew member does not provide voluntary informed 

consent prior to participating in the data collection, the affected flightcrew member may 

not participate in the data collection.

9) The certificate holder must ensure the privacy and confidentiality of data provided by 

participating flightcrew members. Any data submitted to the FAA must be de-identified.
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In consideration of the foregoing, under the authority contained in 49 U.S.C. §§ 106(f), 40113, 

and 44701, which the FAA Administrator has delegated to me, I hereby grant US Airways Inc. 

an exemption from 14 CFR § 117.3 (Rest Facilities) to the extent necessary to conduct the data 

collection approved under its proposed FRMS, subject to the conditions and limitations 

described above. This exemption expires on 08/31/2014, unless sooner superseded or rescinded.

Issued in Washington, DC on February 4, 2014

/s/

John S. Duncan

Director, Flight Standards Service