November 13, 2012

U.S. Department of Transportation 

Docket Operations

West Building 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/Gentlemen:

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 members

1

petitions the Administrator for an extension of Exemption 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. See 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 consistent 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 original 

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 provision 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 is likely to extend beyond the January 4, 2012 part 117 effective date and the 

FAA should continue to apply this exemption to all-cargo carriers after part 117 takes effect.
U.S. Department of Transportation

Docket Management System

Docket No. FAA-2001-9096

November 13, 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) 626-4012.

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.org
Attachment

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 Regulations, 14 CFR §

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

crewmembers are required by regulation.