BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON D.C.

 Docket FAA-2016-

PETITION OF DELTA AIR LINES, INC.

FOR AN EXEMPTION

February 29, 2016

Delta Air Lines, Inc, operating certificate DALA026A, hereby petitions the Federal Aviation 

Administration (FAA), pursuant to 14 C.F.R. Part 11 for partial relief from Federal Aviation Regulations

(FAR) §121.438(a), §121.438(b) and §121.652(a), provided certain conditions and limitations are 

met. 

Section of the FAR Affected:

§ 121.438 Pilot operating limitations and pairing requirements. 

(a) If the second in command has fewer than 100 hours of flight time as second in 

command in operations under this part in the type airplane being flown, and the 

pilot in command is not an appropriately qualified check pilot, the pilot in command 

must make all takeoffs and landings in the following situations:

(1) At special airports designated by the Administrator or at special airports 

designated by the certificate holder; and

(2) In any of the following conditions:

(i) The prevailing visibility value in the latest weather report for the airport is 

at or below \3/4\ mile.

(ii) The runway visual range for the runway to be used is at or below 4,000 

feet.

(iii) The runway to be used has water, snow, slush or similar conditions that 

may adversely affect airplane performance.

(iv) The braking action on the runway to be used is reported to be less than 

"good".

(v) The crosswind component for the runway to be used is in excess of 15 

knots.

(vi) Windshear is reported in the vicinity of the airport.

(vii) Any other condition in which the PIC determines it to be prudent to 

exercise the PIC's prerogative.

(b) No person may conduct operations under this part unless, for that type airplane, 

either the pilot in command or the second in command has at least 75 hours of line 

operating flight time, either as pilot in command or second in command. The 

Administrator may, upon application by the certificate holder, authorize deviations 

from the requirements of this paragraph (b) by an appropriate amendment to the 

operations specifications in any of the following circumstances:

Petition of:

DELTA AIR LINES, INC.

OPERATING CERTIFICATE DALA026A

For exemption of certain requirements of 14 

C.F.R. §121.438(a), §121.438(b) and 

§121.652(a)
Petition for Exemption - (FAR) §121.438(a), §121.438(b) and §121.652(a)

Delta Air Lines, Inc.

February 29, 2016

Page 2

(1) A newly certificated certificate holder does not employ any pilots who meet 

the minimum requirements of this paragraph.

(2) An existing certificate holder adds to its fleet a type airplane not before 

proven for use in its operations.

(3) An existing certificate holder establishes a new domicile to which it assigns 

pilots who will be required to become qualified on the airplanes operated from 

that domicile.

§ 121.652 Landing weather minimums: IFR: All certificate holders.

(a) If the pilot in command of an airplane has not served 100 hours as pilot in 

command in operations under this part in the type of airplane he is operating, the 

MDA or DA/DH and visibility landing minimums in the certificate holder's operations 

specification for regular, provisional, or refueling airports are increased by 100 feet 

and one-half mile (or the RVR equivalent). The MDA or DA/DH and visibility minimums 

need not be increased above those applicable to the airport when used as an alternate 

airport, but in no event may the landing minimums be less than 300 and 1. However, 

a Pilot in command employed by a certificate holder conducting operations in large 

aircraft under part 135 of this chapter, may credit flight time acquired in operations 

conducted for that operator under Part 91 in the same type airplane for up to 50 

percent of the 100 hours of pilot in command experience required by this paragraph.

(Emphasis added)

Background:

The FAA certificated the Boeing 767 on July 30, 1982 and the Boeing 757 on December 21, 1982. The 

FAA decision to assign a common type rating for the Boeing 757 Boeing 767 was approved February 

16, 1984. Delta made aviation history in 1984 as the first air carrier to receive FAA approval to 

operate the Boeing 757 and Boeing 767 as a “common” pilot rating. Since 1984 Delta has been 

operating the Boeing 757 and Boeing 767 as common pilot category currently operating the Boeing 

757-200, Boeing-757-300 and Boeing 767-300. 

August of 1995, when §121.438 became effective, the Flight Standards Board (FSB) report for the 

Boeing 757 and Boeing 767 still listed the aircraft as a “Common Type Rating”. The term “related 

aircraft” was not contained in the FSB or in the applicable regulations. As such, for Delta’s operations 

utilizing the B-757 and B-767, the time in type aircraft requirements of §121.438 and §121.652 along 

with all other rules where time in type was a requirement was allowed to be accomplished in either 

the B-757 or the B-767 aircraft. To the best of our knowledge this was a common throughout the 

industry. 

The rule changes associated with the implementation of the related aircraft requirements of Docket 

No.: FAA-2008-0677; Amendment. No. 121-366 effectively separated the B-757 and B-767 into two 

separate type ratings for the purpose of the time in type rules. While the FSB has also been amended 

to state the type ratings to be separate, the documentation still references the two aircraft types as 

common. Until the FAA published Notice N 8900.286, Part 121 Training Program Review, effective 

March 9, 2015, did it become apparent that the past practice of allowing flight time to be combined for 

the purpose of §121.438 and §121.652 was now prohibited. This particular issue was not apparent in 

the NPRM associated with the rule change.

The new rule does allow for deviations associated with time in type for §121.434 with respect to hours 

of operating experience and consolidation. The new rule also allows for deviation for the number of 

landings required in 90 days. It is Delta’s contention that the same logic should be applied to the 

requirements of §121.438 and §121.652 provided an equivalent level of safety has been established. 
Petition for Exemption - (FAR) §121.438(a), §121.438(b) and §121.652(a)

Delta Air Lines, Inc.

February 29, 2016

Page 3

The basis of this should follow the applicable Flight Standards Board report along with a safety 

analysis. The Flight Standards Board report contains minimum training and qualification requirements 

for the variant aircraft and any related aircraft. 

The precedent for applying the Flight Standards Report for training and qualification of pilots is well 

established in AC 120-53B GUIDANCE FOR CONDUCTING AND USE OF FLIGHT STANDARDIZATION 

BOARD EVALUATIONS which states the following in pertinent part:

“PURPOSE. This advisory circular (AC) has two purposes:

a. Evaluating Manufactured or Modified Aircraft. It provides a means but not the only means of 

evaluating manufactured or modified aircraft by the use of standard systems, processes, and 

tests necessary to determine pilot training and qualification requirements.

b. Differences in Training and Qualification between Aircraft. It describes an acceptable means, 

but not the only means, of compliance with applicable Title 14 of the Code of Federal 

Regulations (14 CFR) that provide for differences in training and qualification between aircraft 

with the same type certificate. It further describes an acceptable means for providing related 

aircraft differences training and qualification under provision of 14 CFR Part 121 between 

aircraft with different type certificates that have been “designated” by the Administrator as 

related. Both of these processes use the provision of the Flight Standardization Board (FSB) 

report as the basis for the approval of pilot training and qualification necessary for the 

operation of aircraft. This AC is intended to enhance safety by:

1) Providing a standard method of assessing applicant programs.

2) Directly relating pilot training and qualification requirements to fleet 

characteristics, operating concepts, and pilot assignments.

3) Permitting better industry planning and management by outlining what FAA 

requirements apply, what training resources or devices are needed, and what 

alternatives are possible.

4) Encouraging aircraft manufacturers to design with the goal of developing common 

characteristics between related aircraft

5) Providing a recommended framework for application of suitable credits or constraints 

to better address new technology and future safety enhancements.”

(Emphasis added)

Extent of Relief Requested:

The relief outline below is based on Delta’s past scheduling practices that are currently producing a 

safe operation. The hours of experience for the B-757 and B-767 exceed the minimum hours that 

were allowed prior to the related aircraft rule change. Delta is seeking to use a combined flight time

for the B-757 and B-767 for both 121.438 and 121.652 as follows:

General: This relief is only applicable to pilots who are engaged in flying the related aircraft consisting 

of the B-757-200, B-757-300 and B-767-300 using a “classic” flight deck configuration.

§121.438(a):

A First Officer (Second in Command) is considered as having 100 hours in either the B-757 or B-767 

provided that pilot meets the following combined hour requirements: 

• New Hire First Officer or a First Officer who did not obtain at least 100 hours on another Delta 

aircraft: Combined 100 hours of B-767 and B-757 flight time with no less than 25 hours in the 

B-767 and 25 hours in the B-757
Petition for Exemption - (FAR) §121.438(a), §121.438(b) and §121.652(a)

Delta Air Lines, Inc.

February 29, 2016

Page 4

• Transitioning First Officer previously qualified (at least 100 hours) on Delta wide body aircraft1

or both wide and narrow body: Combined 100 hours of B-767 and B-757 flight time with no 

less than 15 hours in the B-767 and no less than 15 hours in the B-757

• Transitioning First Officer previously qualified (at least 100 hours) on only Delta narrow body 

aircraft2

: Combined 100 hours of B-767 and B-757 flight time with no less than 25 hours in 

the B-767 and no less than 15 hours in the B-757 

§121.438(b):

A Pilot is considered as having 75 hours in either the B-757 or B-767 provided that pilot meets the 

following combined hour requirements:

• Initial Captain: Combined 75 hours of B-767 and B-757 flight time with no less than 25 hours 

in the B-757 and 25 hours in the B-767

• Transitioning Captain previously qualified on Delta wide body aircraft or both wide and narrow 

body: Combined 75 hours of B-767 and B-757 flight time with no less than 15 hours in the B767 and no less than 15 hours in the B-757

• Transitioning Captain previously qualified only Delta narrow body aircraft: Combined 75 hours 

of B-767 and B-757 flight time with no less than 25 hours in the B-767 and no less than 15 

hours in the B-757

• New Hire First Officer: Combined 75 hours of B-767 and B-757 flight time with no less than 

25 hours in the B-767 and 25 hours in the B-757

• Transitioning First Officer previously qualified (at least 100 hours) on only Delta narrow body 

aircraft: Combined 75 hours of B-767 and B-757 flight time with no less than 25 hours in the 

B-767 and no less than 15 hours in the B-757

• Transitioning First Officer previously qualified (at least 100 hours) on Delta wide body aircraft 

or both wide and narrow body: Combined 75 hours of B-767 and B-757 flight time with no 

less than 15 hours in the B-767 and no less than 15 hours in the B-757

§121.652(b):

A Captain (Pilot in Command) is considered as having 100 hours as pilot in command (PIC) in either 

the B-757 or B-767 provided the Captain meets the following combined hour requirements: 

• Initial or Upgrade Captain regardless of previous experience as a Delta First Officer: 

Combined 100 hours of B-767 and B-757 PIC flight time with no less than 25 hours in the B757 and 25 hours in the B-767

• Transitioning Captain previously qualified on Delta wide body aircraft or both wide and narrow 

body: Combined 100 hours of B-767 and B-757 (PIC) flight time with no less than 15 hours in 

the B-767 and no less than 15 hours in the B-757

• Transitioning Captain previously qualified only Delta narrow body aircraft: Combined 100 

hours of B-767 and B-757 (PIC) flight time with no less than 25 hours in the B-767 and no 

less than 15 hours in the B-757 

1 Wide body aircraft for the purposes of this document are aircraft greater in size than the B-757 aircraft operated 

by Delta Air Lines

2 Narrow body aircraft for the purposes of this document are B-757 aircraft or smaller operated by Delta Air Lines

 
Petition for Exemption - (FAR) §121.438(a), §121.438(b) and §121.652(a)

Delta Air Lines, Inc.

February 29, 2016

Page 5

No Adverse Effect on Safety

Since February 16, 1984 Delta has been combining the flight time for the B-757 and B-767 for the 

purposes of §121 rules that require time in type. Delta does recognize that the minimum 

requirements of the Flight Standards Board (FSB) reports may not meet the appropriate needs to 

ensure pilots have the appropriate level of experience to be crew paired and operate to lower weather 

minimums. This is why Delta had already established scheduling practices to ensure the pilots receive 

the appropriate flight time on the B-757 and B-767. We recognize that while these practices have 

resulted in safe operations for many years, for the FAA to approve this petition Delta needs to show 

the results of our practices. 

As part of Delta’s Safety Management System (SMS), Delta conducted a review of Safety Assurance 

(SA) data to determine if there was an unacceptable risk imposed with our current scheduling 

practices of combining the flight time for the B-757 and B-767. Delta has reviewed reactive data from 

the NTSB and FAA from 1984 to present date. There have been no passenger fatalities or hull losses 

for either the B-757 or B-767 fleets as the result of an accident or incident at Delta. For the events 

classified as an accident or incident, none were attributed to one of the pilots with less than 100 hours 

in the aircraft. From an overall safety performance the B-757 and B-767 have an excellent record

with millions of flight hours. 

To further study the effects of time with respect to knowledge and skills, Delta conducted two specific 

proactive analyses of non-conforming grades during the pilot’s first return to training after initial 

qualification on the B-757/B-767. Non-conforming grades are not unsatisfactory performance but are 

not a completely error free performance. This allows Delta to analyze three levels of performance of a 

task that was performed satisfactorily. The pass rate/overall satisfactory performance for the past 18 

months for the B-757/B-767 pilot’s first return to continuing qualification training after initial 

qualification training is 99.76 percent. 

Chart 1 in the appendix is a fleet comparison of error free performance between the pilot’s initial 

qualification Line Operational Evaluation (LOE) and their first continuing qualification LOE. The bar 

labeled 767 represents the B-757 and B-767 pilots. This group shows essentially even performance 

with conforming grades above 90 percent for both initial and continuing qualification and is

comparable to the other fleets. 

Chart 2 and Chart 3 represent performance during the pilot’s first time to continuing qualification 

training with respect to the simulator they trained in as well as the percent of their total block hours 

flown in the B-757. This clearly illustrates there is no direct correlation to time in either the B-757 or 

B-767 with respect to pilot performance. In other words there is a consistent distribution of 

performance regardless of time in either the B-757 or B-767. This is what should be expected

considering Delta operates a standard classic flight deck configuration with only level B differences for 

the B-757 and B-767. 

Delta has a long successful history operating the B-757-200, B-757-300 and B-767-300 as a 

combined category. Delta has a robust performance analysis system allowing performance to be 

monitored to the individual task level and also breaking out segments of the pilot population, e.g., 

new to equipment type. If the amount of time spent in either the B-757 or the B-767 aircraft was a 

contributing factor to pilot performance, Delta would have seen this many years ago. The data clearly 

points to an effective training and checking program. 
Petition for Exemption - (FAR) §121.438(a), §121.438(b) and §121.652(a)

Delta Air Lines, Inc.

February 29, 2016

Page 6

Public Interest/Benefit:

The public interest is best served by not imposing requirements that will drive up operating cost and 

impose additional constraints to the flight schedules without a clear safety benefit. Without the relief 

Delta is requesting, which mirrors our current practices, there will be an increase in operating cost due 

to the following:

1. Additional staffing required to cover the crew pairing rule 

2. Additional training cost for the additional pilot staff

3. Increase cost due to increase diversions since it will take longer for pilots to obtain the hours 

for low minimum weather requirements

If Delta is required to impose the additional flight hours the new related aircraft rule is requiring there 

are potential safety degradations:

1. There will be a need for additional pilots to operate the same number of flights conducted 

under the previous rules. With more pilots for the same amount of flights, there will be more 

pilots not receiving the minimum three takeoffs and landings in 90 days in the actual aircraft. 

2. It will take longer for the Pilots in Command to be legal to operate to lower weather 

minimums. This will increase the probability of diverting to an off-line airport with lesser 

approach capabilities. This increases the risk exposure to the operation. 

The public would be best served by allowing Delta to continue the practices that are resulting in a safe 

operation. Delta has an active Safety Management System (SMS) designed to monitor proficiency 

issues. Delta will continue to actively monitor pilot proficiency using a combination of training and 

checking data, Flight Operations Quality Assurance (FOQA) data, pilot self-reports, and Line 

Operational Safety Audits (LOSA). 

Request for expedited consideration and withholding certain information from public 

access: 

Delta is requesting that, as part of this Petition for Exemption request, the public comment phase be 

waived as per Title 14 CFR Part 11.87(a) and (c), which states:

“The FAA may not publish a summary of your petition for exemption and request comments if 

you present or we find good cause why we should not delay action on your petition. The factors we 

consider in deciding not to request comment include:

(a) Whether granting your petition would set a precedent... 

(c) Whether our delaying action on your petition would affect you adversely.”

In this case the FAA would be approving a qualification scheme that has been in place for many years 

with no indication of a safety risk. As such Delta’s proposal is not precedent setting. 

Delta is also requesting the data contained in the appendix not be made publically available. This data 

is considered proprietary information. Only the FAA and those who have obtained written consent 

from Delta Air Lines should be provided access.
Petition for Exemption - (FAR) §121.438(a), §121.438(b) and §121.652(a)

Delta Air Lines, Inc.

February 29, 2016

Page 7

Summary for Federal Register (if deemed required)

• Rule from which you seek the exemption

Delta Air Lines, Incorporated, operating certificate DALA026A, hereby petitions the 

Federal Aviation Administration (FAA), pursuant to 14 C.F.R. Part 11 for partial relief 

from Federal Aviation Regulation (FAR) §121.438(a), §121.438(b) and §121.652(a), 

provided certain conditions and limitations are met. 

• Brief description of the exemption

Delta is seeking to use a combined flight time for the B-757 and B-767 for compliance 

with §121.438 and §121.652. This relief is only applicable to pilots who are engaged 

in flying the related aircraft consisting of the B-757-200, B-757-300 and B-767-300 

using a “classic” flight deck configuration. 

Please contact Charles M. Schramek, Director Quality Assurance, Compliance, and Business Support, 

at (404) 715-1112 or e-mail at chuck.schramek@delta.com, if you have and questions or need 

additional information.

Sincerely,

<Original Signed By>

Stephen M. Dickson

Senior Vice President Flight Operations

Delta Air Lines, Inc.

cc: John Brooke, Principal Operations Inspector 

Delta Certificate Management Unit – FAA