November 1 3, 2012

U.S. Department of Transportation

Docket Operations

West Buil ding Ground Floor, Room W12

- 140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption No. 9825, as amended; Docket No. FAA

- 2001

- 9096

Ladies/G entlemen:

In accordance with Title 14 of the Code of Federal Regulations (14CFR) § 11.61, the Air

Transport Association of America, Inc. (ATA), dba “ Airlines for America, ” on behalf of its

airline member s 1 petitions the Administrator for an extension of E xemption No. 9825A (Docket

No. FAA

- 2001

- 9096). This exemption is scheduled to expire on April 30, 2013. The relief

granted by Exemption 9825A has been in effect continuously since March 26, 1980, with the

exception of a brief, unintended hiatus in 1984. Se e Exemption Nos. 2945, 2945A, and 4317.

Exemption 9825 construes 14 CFR § 121.485(b) to apply only when a three

- pilot crew is

required by regulation. U.S. air carriers have operated on this basis since § 121.485 was

promulgated in 1945. U.S. air carriers understood this to be the meaning of this provision when it

was promulgated in 1945, and Exemption 9825 confirms this construction. Extending Exemption

9825 is in the public interest to maintain c onsistent implementation of federal regulations . Any

changes to Exemption 9825 would create considerable confusion about implementing 14 CFR

121.485, and would have a significant adverse economic impact on U.S. air carriers and

ultimately, the public. All facts, conditions and circumstances as permitted in the orig inal

exemption remain in force. 2

This exemption will not adversely affect Safety. U.S. airlines have operated safely under 14 CFR

121.485 as construed by Exemption 9825, since that provision was first promulgated. It is fully

recognized that if a flight is scheduled in excess of 12 hours, the operator is required to have

three pilots and an additional crewmember and the rest provisio n of 14 CFR 121.485 apply.

1 A4A Members include: Alaska Airlines, Inc., American Airlines, Inc., Atlas Air, Inc., Delta Air Lines, Inc.,

Federal Express Corporation, Hawaiian Airlines, JetBlue Airways Corp., Southwest Airlines Co., United

Continental Holdings, Inc., United Parcel Service Co., US Airways, Inc. Air Canada is an associate member.

2 We note, if granted, this exemption i s likely to ext end beyond the January 4, 2012 p art 117 effective date and the

FAA should continue to apply this exemption to all

- cargo carriers after part 117 t akes effect.U.S. Department of Transportation

Docket Management System

Docket No. FAA

- 2001

- 9096

November 1 3, 2012

Page Two

The circumstances justifying the issuance of Exemption 9825 have not changed, and this petition

merely requests the continuation of Exemption 9825/ 4317. This petition does not seek to change

the conditions or limitations of the current exemption. The renewal of this exemption is not a

controversial issue. For this reason, and the reasons stated above, ATA requests that a finding of

good cause be made for waiving publication in the Federal Register , (14 CFR §11.87). Granting

the requested relief will not set a precedent. The existence of the exemption is well known and

widely accepted.

A summary of this petition as required by 14 CFR §11.81 is attached.

If you have any questions or need additional information, please call me at (202) 62 6

- 4012.

Very truly yours,

AIR TRANSPORT ASSOCIATION

OF AMERICA

By: __________

/S/

________________ Paul W. Railsback

Director of Operations

1301 Pennsylvania Avenue, NW

Suite 1100

Washington, D.C. 20004

- 1707

(202) 626

- 4012

prailsback@airlines.orgAttachment

U.S. Department of Transportation

Docket Management System

Docket No. FAA

- 2001

- 9096

November 13, 2013

SUMMARY OF ATA PETITION

To extend Exemption 9825A, which construes the Code of Federal Re gulations, 14 CFR §

121.485 to apply only to operations in which three or more pilots and additional

crewmembers are required by regulation.