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 Av iation Regulation s (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 operatio ns 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: I FR: 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 whe n 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 acq uired in operations conducted for that operator under P art 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 a ir 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 current ly operating the Boeing 757

- 2 00, B oeing

- 757

- 300 and B oeing 767

- 300. August of 1995
, when §121.438 became effective, the Flight Standards Board (FSB) report for the B oeing 757 and B oeing 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 req uirements 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 reference s 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 a llowing flight time to be combine d 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 §1 21.434 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 qualifica tion 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 STANDARDIZATI ON 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 require ments

. 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 P art 121 between aircraft with different type certifica tes 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 air craft. 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 be tter 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 characterist ics 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 pa st 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 comb ined flight time for the B

- 757 and B

- 767 for both 121.43 8 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” flig ht 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

- 757Petition 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 wid e body aircraf t 1 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 D elta narrow body aircraft 2 : 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 B

767 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

- 75 7

• 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 wid e 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 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 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 Capta in 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 LinesPetition 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 h as 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 need s to ensure pilots have the appropriate level of experienc e 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 y ears, for the FAA to approve this petition Delta need s to show the results of our practices. As part of Delta’s Safety Management System (SMS), Delta conducted a rev iew 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 presen t 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 le ss 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 pro active 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 Del ta 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 err or 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 co nforming 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 simulat or 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 expect ed 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 popul ation, 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 chec king 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 th e new related aircraft rule is requiring there are potential safety degrad ations:

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 i n 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 t he 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 Ope rational 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 summ ary 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 proposa l 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 informa tion.

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