Exemption No. 10380

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

CONTINENTAL AIRLINES, INC. Regulatory Docket No. FAA-2011-0617

for an exemption from § 121.317(d) of Title 14, Code of Federal Regulations

PARTIAL GRANT OF EXEMPTION

By letter dated June 6, 2011, Mr. David Pohlm eyer, Manager Quality Assurance, Continental Airlines, Inc. (CALA), 1600 Smith Street, Houston, Texas 77002, petitioned the Federal Aviation Administration (FAA) on behalf of Continental for an exemption from § 121.317(d) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow CALA to operate all of its Boeing Model 787 aircraft without there being affixed to each forward bulkhead or pa rtition and each passenger seat back, a placard that reads "Fasten Seat Belt While Seated.” CALA has petitioned for the FAA to approve the use of symbolic representation placards in lieu of text for all CALA Boeing Model 787

aircraft.

The petitioner requests relief from the following regulation:

Section 121.317(d) prescribes, in pertinent part, that no person may operate a passenger-carrying airplane under that part unless at least one legible sign or placard that reads “Fasten Seat Belt While Seated” is visible from each passenger seat.

The petitioner supports its request with the following information:

The petitioner states that the FAA has granted usage of a symbolic placard in lieu of text in compliance with § 25.791(e) where it states:

AFS-11-343-E Symbols that clearly express the intent of the sign or placard may be used in lieu of

letters.2

Pursuant to the precedent established by granting the usage of symbolic placards in compliance with § 25.791, and in the spirit of keep ing in compliance with the requirements of § 121.317, CALA requests that the FAA extend approval of the usage of symbolic placards in lieu of text for all Boeing Model 787 aircraft.

CALA believes that this petition for exemption is in the public interest to provide service to domestic and international destinations utilizing the Boeing 787 series aircraft. Failure to grant this exemption would require extensive modification at aircraft delivery and delay entering the aircraft into passenger service.

CALA states that the level of safety could be increased due to the use of a seated passengersymbol being understood by more than English-speaking passengers. Additionally, this longrange aircraft will be primarily used internationally rather than on domestic flights.

A summary of the petition was published in the Federal Register on June 29, 2011. (76FR38265). No comments were received.

The FAA’s analysis is as follows:

The FAA finds that the points raised by CALA support a partial grant to allow CALA to operate its airplanes without there being affixed to each forward bulkhead and each passenger seat back a sign or placard that reads “Fasten Seat Belt While Seated.” We find that it is in the public interest in this instance to replace placards using text with placards using symbols in order to communicate better with a diverse and international traveling public.

Unexpected in-flight turbulence continues to be the leading cause of in-flight injury to occupants of the aircraft cabin. Further, there is a regulatory requirement for seatbelt compliance (§ 121.317) and adherence to crewmember instructions (§ 91.11). The FAA also recognizes that several other part 121 certificat e holders are encountering difficulties gaining passenger compliance with seatbelt signs and crewmember instructions.

The purpose of the fasten seatbelt while seated placard required by § 121.317(d) is to reinforce crewmember instructions to passengers when:

1. the seatbelt sign is off and the airplane encounters unexpected turbulence;

2. or assumes an unusual altitude, such as during an evasive maneuver; or

3. in cases of a malfunction in the flight control system.

CALA’s equivalent level of safety argument is supported by research data from a Civil Aeromedical Institute (CAMI) study. The research indicates that it has become common practice to use symbols in lieu of text when constructing placards and signage, particularly in international usage. The language found in § 25.791 noted above clearly acknowledges that fact and contemplates the use of symbolic pl acards onboard aircraft. Further, G.A. McLean, PhD, researcher and author of the CAMI study titled “Comprehension of Safety Briefing Card3

Pictorials and Pictograms,” was asked to comment on this request for exemption. In his response he has stated:

Regarding symbolic signs and placards, and in consultation with our international regulatory partners, it has been discussed and agreed that placement of symbolic signs and placards in aircraft on which international (non-English-speaking) passenger populations fly could improve global understanding of the message, and thus safety. While it appears that passengers may need extra education or experience with regard to some symbolic signs and placards, the seat belt symbol is not one of them. Thus, we concur with its use, as well as the targeted use of other well-comprehended symbols

.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exem ption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Continental Airlines, Inc., is granted an exemption from 14 CFR § 121.317(d) to the extent necessary to allow CALA to operate all of its Boeing Model 787 aircraft using symbolic representation placards affixed to each forward bulkhead or partition and each passenger seat back in lieu of text placards reading “Fasten Seat Belt While Seated,” subject to the conditions and limitations listed below.

Conditions and Limitations

1. The sym bolic placards on the Boeing 787 aircraft will be included in the initial conformity inspection and maintained in the condition that was present during aircraft delivery.

2. Strict compliance with § 121.571(a)(2) will be reemphasized to each crewmember serving on any airplane to be operated under this exemption prior to introduction of the Boeing 787 aircraft into air carrier service. Thus, after each takeoff, immediately before or immediately after turning the seatbelt sign off, an announcement shall be made that passengers should keep their seatbelts fastened, while seated, even when the seatbelt sign is off.

3. The briefing shall include a statement that the Federal Aviation Regulations require passenger compliance with lighted passenger information signs, placards, and crewmember instructions concerning the use of safety belts.

4. Cabin crewmembers will use alternate methods to alert special passengers; such as, the elderly, non-English speaking, deaf or hearing impaired, those with limited mobility, and those traveling with small children. CALA cabin safety procedures will include the use of visual aids; such as, seatbelt extenders or briefing cards, pointing to seatbelt signs and symbolic placards combined with oral announcements during seatbelt compliance checks.4

5. Crewmembers will include a caution to passengers that they should not attempt to open overhead bins when the seatbelt sign is illuminated in the seatbelt announcement.

6. Cabin crewmembers will include additional announcements that passenger risk is increased when long lines form around the lavatory as needed.

This exemption terminates on October 31, 2013, unless sooner superseded or rescinded.

Issued in Washington, D.C., on October, 28, 2011.

/s/

John M. Allen Director, Flight Standards Service .