Alan Clay

Director Flight Operations Specifications

4601 Highway 360 MD 843 Fort Worth, Texas 76155
Office 817

- 967

- 5157 Alan.Clay@aa.com October 18, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor

Room W12

- 140 1200 New Jersey Avenue, SE. Washington, DC 20590

Subject : Petition for Exemption of § 119.49(a)(4)(ii)

PETITION FOR GRANT OF EXEMPTION In accordance with the provisions of 14CFR 11, Subpart A, American Airlines, Inc. (Certificate number AALA 025A) petitions on behalf of itself, fo r relief from the requirements of 14CFR 119.49(a)(4)(ii) to the extent necessary to permit American Airlines to perform all scheduled and unscheduled operations, in accordance with the rules stated in 14 CFR 121 for Domestic and Flag Operations, as appropr iate.

Section of CFR Affected: § 119.49 Contents of Operations Specifications (a) Each certificate holder conducting domestic, flag, or commuter operations must obtain operations specifications containing all of the following: (1) The specific location of the certificate holder’s principal base of operations and , if different, the address that shall serve as the primary point of contact for correspondence between the FAA and the certificate holder and the name and mailing address of the certificate holder s agent for

service. (2) Other business names under which the certificate holder may operate (3) Reference to the economic authority issued by the Department of Transportation, if required. (4) Type of aircraft, registration markings, and serial numbers of each aircraft authorized for use, each regular and alternate airport to be used in scheduled operations, and except for commuter operations, each provisional and refueling airport. (i) Subject to Approval of the Administrator with regard to form and cont ent, the certificate holder may incorporate by reference the items in paragraph (a)(4) of this section into the

certificate holder’ s operations specifications. (ii) The certificate holder may not conduct any operation using any aircraft or airport not

lis ted.

Background:

In February 2006, American Airlines was granted FAA approval to add the following non

standard language to Operations Specifications A030 Part 121 Supplemental Operations HQ

Control: 11/05/97 HQ Revision: 01b.2 c. The certificate holder may also conduct nonscheduled operations at airports not listed in paragraph C070 of these operations specifications in accordance with the regulations applicable to Domestic or Flag operations, as appropriate, provided the following provisions and

limitations are met:

(1) When conducting any flight to foreign point, the flight must be conducted under flag regulations except as allowed by in paragraph A012 of these operations specifications.

(2) For flights that are conducted at airports that are n ot listed in paragraph C070 of these operations specifications, the certificate holder must have approved procedures to ensure compliance with part 121, section 121.549(a). Before departure, the certificate holder must ensure all required ground handling n eeds will either be available upon arrival or be provided by equipment and personnel traveling with the aircraft.

(3) Each flight must be operated under all part 121 regulations applicable to Domestic or Flag rules, as applicable.

(4) The certificate hol der shall list "Domestic" or "Flag" as applicable, on each flight release even though the flight being conducted is a supplemental flight.

(5) The certificate holder must maintain Flag economic authority in its paragraph A001 of these operations specifica tions as required in conduct of its scheduled flights into foreign airports. This authorization does not exempt the certificate holder from any regulations imposed by the foreign state.

(6) Operations may only be conducted to airports that meet the requir ements of section 121.590 unless specifically approved by the administrator under paragraph C067 of these operations specifications.

(7) For flights that are conducted at airports that are not listed in the certificate holder's operations specifications C 070, the certificate holder must have a process to ensure compliance

with section 121.549(a).

In Nov e mber 2011, the A030 Operations Specification template was changed, and renamed to Supplemental Operations by a Certificate Holder Authorized to Conduct Do mestic or Flag operations. The revision added a third paragraph presumably to allow Domestic and Flag certificate holders to conduct supplemental operations between airports listed on the C070, in accordance with regulations applicable to supplemental ope rations. Again, non

- standard language was added to allow non

- scheduled (supplemental) operations at airports not listed in paragraph C070 in accordance with the regulations applicable to Domestic or Flag operations. The limitations and provisions for Sup plemental operations to airports not listed on the C070 were substantially the same as previous non

- standard language.

d. The certificate holder may also conduct nonscheduled operations at airports not listed in paragraph C070 of these operations specific ations in accordance with the regulations applicable to Domestic or Flag operations, as appropriate, provided the following provisions3 and limitations are met:

(1) When conducting any flight to foreign points, the flight must be conducted under Flag regulations except as allowed by in paragraph A012 of these operations specifications.

(2) For flights that are conducted at airports that are not listed in paragraph C070 of these operations specifications: (a) The certificate holder must have approved p rocedures to ensure compliance with 14 CFR 121.549(a) {Chart Coverage}. (b) Before departure the certificate holder must ensure all required ground handling needs will either be available upon arrival or be provided by equipment and personnel traveling

wit h the aircraft.

(3) Each flight must be operated under all part 121 regulations applicable to Domestic or Flag rules, as applicable.

(4) The certificate holder shall list "Domestic" or "Flag" as applicable on each dispatch release even though the flight being conducted is a supplemental flight.

(5) The certificate holder must maintain Flag economic authority in its paragraph A001 of these operations specifications as required in conduct of its scheduled flights into foreign airports. This authorization does not exempt the certificate holder from any regulations imposed by the foreign state.

(6) Operations may only be conducted to airports that meet the requirements of section 121.590, {Certificated Land Airports in the United States} unless specifically approved by the administrator under paragraph C067 of these operations specifications.

(7) For flights that are conducted at airports that are not listed in the certificate holder's operations specifications C070, the certificate holder must have a process to ensure compliance with section 121.549(a).

In February 2013, the FAA withdrew the existing non

- standard language in A030 . It determined

that

, as a result of a legal interpretation 1 , the non

- standard authorization in A030 to allow supplemental operations between airports not listed in paragraph C070 using Domestic or Flag regulations, as applicable, is contrary to the intent of 14CFR § 119.49(a)(4)(ii), and any relief from 14CFR § 119.49(a)(4)(ii) should be granted through an exemption.

NATURE AND EXTENT OF RELIEF In order to continue to provide the highest degree of standardization and safety, American

Airlines is seeking relief from 14 CFR 119.49(a)(4) (ii), as it relates to supplemental operations in accordance with the regulations applicabl e to Do mestic or Flag operations, as appropr iate, to airports not listed in Operations S pecification paragraph C070.

_______________________ 1 FAA memorandum Dated Jan 31, 2013 Subject Request for Legal interpretation of 14 CFR § 121.631, Original Dispatch or Flight Release, Redispatch or Amendment of Dispatch or Flight Release4 American Airlines considers utilizing Domestic or Flag limitations and conditions as increasing the safety of supplemental operations fo r the following reasons:

• When conducting operations to airports not listed in Operations Specifications C070,

American Airlines only utilizes 14 CFR P art 65 licensed, current, and qualified Dispatchers.

• The requirements of 14 CFR 121 Subpart E are more res trictive than requirements in Subpart F.

• The requirements of 14 CFR 121 Subpart T provides greater operational control under

Domestic or Flag rules.

• In general, when operating unde r Domestic or Flag rules, American Airlines is using a higher safety standar d than re quired under Supplemental requirements.

American Airlines contends that, by allowing our Dispatchers to consistently apply the more conservative conditions of Domestic or Flag operating rules and maintaining operational control

in accordance with Domestic or Flag rules, whether the airport is listed in C070 or not, is consistent with the intent of Operations Sp ecifications A030 authorization.

In accordance with §11.83, American Airlines requests the exemption relief for operations both

within and outside the United States. We believe that this relief, to conduct the supplemental type of operations under the regulations applicable to flag operations (outside the US), is not in conflict or contrary to ICAO SARPS

, since ICAO has eliminated the differ ences in SARPS between scheduled and unscheduled operations as they relate to the operation of aircraft.

Therefore, American Airlines requests relief that authorizes the following:

Notwithstanding the requirements of Operations Specifications paragraph A 030, American

Airlines is authorized to conduct nonscheduled operations at airports not listed in paragraph C070 of these Operations Specifications in accordance with the regulations applicable to Domestic or Flag operations, as appropriate, provided the f ollowing provisions and limitations

are met:

1 . When conducting any flights to foreign points, the flight must be conducted under Flag regulations except as allowed by Operati ons Specifications paragraph A01 2.

2. For flights that are conducted at airpor ts that are not listed in Operations Specifications paragraph C070, the certificate holder must have approved procedures to ensure compliance

with 14CFR §121.549(a). Before departure, the certificate holder must ensure all required ground handling needs w ill either be available upon arrival or be provided by equipment and personnel traveling with the aircraft.

3. Each flight must be operated under all part 121 regulations applicable to Domestic or Flag rules, as applicable.

4. The certificate holder shall list "Domestic" or "Flag" as applicable, on each flight release whenever operating under the provisions of this Exemption authorization.5 5. The certificate holder must maintain Flag economic authority in its Operations Specifications paragraph A001 as required in the conduct of its scheduled flights into foreign airports. This authorization does not exempt the certificate holder from any regulations imposed by the foreign

state.

6. Operations may only be conducted at airports that meet the requireme nts of section 121.590, or its equivalent for operations outside of the United States and the District of Columbia, or any territory or possession of the United States, unless specifically approved by the administrator under C067 of these operations specif ications.

EXEMPTION TO PUBLICATION American Airlines, as part of this Petition for Exemption, request that the public comment phase be waived as allowed by Title 14 CFR Part 11.87(a) and (c).

The purpose of this exemption is to continue the enhanced safe ty of operations conducted under the more restrictive regulations of operations conducted under D omestic and F lag operations.

American Airlines contends that any delay in the commencement of these operations would result in a potential degradation in safety as our pilots and dispatchers have greater familiarity with the more restrictive domestic and flag operational rules. Supplemental operators utilize the regulations applicable to those operations on a daily basis while American Airlines primary operations are Domestic and Flag and operate under Supplemental regulations on a much more

limited basis.

PUBLIC INTEREST Pilots and dispatchers

, in pa rticular

, are subject to operating under three different operating regulations (domestic, flag, and supplemental) within the same day. This adds a much higher level of complexity for the pilots and dispatchers responsible for the safe conduct of the flight

.

Considering the operational tools that are currently employed by our operations center such as graphic flight following and dedicated independent radio network, it surpasses by far the minimum standards of the supplemental rules. This type of operationa l control enhancements over supplemental rules provides the traveling public a greater level of safety by having qualified dispatchers with state of the art tools to oversee and communicate with airborne aircraft. It

would not be in the best interest of t he traveling public to operate without these tools.

EQUIVALENT LEVEL OF SAFETY The following comparison of Domestic and Flag Regulations to Supplemental regulations clearly

shows that operating under Domestic and Flag regulatory authority meets the thresh old of an equivalent or greater level of safety.6 Domestic or Flag Regulations :

14 CFR 121 Subpart E More restrictive and greater level of safety

§ 121.533

Utilizes 14 CFR Part 65 Licensed Dispatchers

§ 121.551 Both Dispatchers and Pilots monitor

conditions

§ 121.557

Joint authority to declare an Emergency

§ 121.593 & 595 All Domestic and Flag operatio ns must be released by a 14 CFR Part 65 qualified dispatcher

§ 121.601 Joint responsibility for airport conditions and irregular navigation facilities

§ 121.607

American Air lines must comply with 121.99 and 121.103 for Domestic and Flag Operations

§ 121.619 & 121.621 Dispatcher monitoring weather and other airport conditions

§ 121.687 Use of Dispatch release process Supplemental Regulations:

14 CFR Part 121, Subpart F

§ 121.537 Responsibility for Operational Control

§ 121.553 Restrictions or Suspension of Operations

§ 121.559 Emergencies: Supplemental Operations

§ 121.597 Flight Release Authority

§ 121.603

Facilities and Service

§ 121.609

Communication and Navi gation Facilities

§ 121.623 Alternate Airport for Destination

§ 121.689 Flight Release

SUMMARY OF PETITION

American Airlines is petitioning for an exemption from 14 CFR 119.49(a)(4)(ii), as it relates to the domestic and flag operations to and from airports not listed in Operations Specification paragraph C070. American Airlines may conduct non

- scheduled operations as well as non

common carriage operations at airports not listed in Paragraph C070 of our Operations Specifications in accordance with the regulations applicable to Domestic or Flag operations, as appropriate, provided certain provisions and limitations are met.7 For questions or additional information regarding this Exemption Approval request, please contact me at (817) 967

- 5157 or email Alan.Clay@aa.com

.

Regards,

Alan Clay

Director

, Flight Operations Specifications

E cc: Captain Ron Thomas, Managing Director

, Flight Operations Tim Antolovic, Director Dispatch Operations, Integrated Operations Center