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, for 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 appropriate.

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 holders 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 content, 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 

listed.

Background:

In February 2006, American Airlines was granted FAA approval to add the following nonstandard 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 not 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 needs 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 holder 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 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 

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 November 2011, the A030 Operations Specification template was changed, and renamed to 

Supplemental Operations by a Certificate Holder Authorized to Conduct Domestic 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 operations. 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 Supplemental 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 specifications in accordance with the regulations

applicable to Domestic or Flag operations, as appropriate, provided the following provisions
3

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 procedures 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

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 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 interpretation1

, 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 applicable to Domestic or Flag operations, as appropriate, to 

airports not listed in Operations Specification 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 Release
4

American Airlines considers utilizing Domestic or Flag limitations and conditions as increasing 

the safety of supplemental operations for the following reasons:

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

American Airlines only utilizes 14 CFR Part 65 licensed, current, and qualified 

Dispatchers.

• The requirements of 14 CFR 121 Subpart E are more restrictive 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 under Domestic or Flag rules, American Airlines is using a 

higher safety standard than required 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 Specifications 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 differences 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 A030, 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 following 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 Operations Specifications paragraph A012.

2. For flights that are conducted at airports 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 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 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 requirements 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 specifications.

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 safety of operations conducted under 

the more restrictive regulations of operations conducted under Domestic and Flag 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 particular, 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 operational 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 the 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 threshold 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 operations 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 Airlines 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 Navigation 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 noncommon 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

Ecc: Captain Ron Thomas, Managing Director, Flight Operations

Tim Antolovic, Director Dispatch Operations, Integrated Operations Center