November 24, 2010

U.S. Department of Transportation

Docket Management System

400 7th Street SW, Plaza 401

Washington, DC 20591-0001

Re: Exemption No. 4317, as amended; Docket No. FAA-2001-9096

Ladies/Gentlemen:

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

Transport Association of America, Inc. (ATA), on behalf of its member airlines1 petitions the 

Administrator for an extension of Exemption No. 4317L (Docket No. FAA-2001-9096). This 

exemption is scheduled to expire on April 30, 2011. The relief granted by Exemption 4317 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 4317 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 4317 confirms this construction. Granting this request is in the public interest because 

it will maintain consistent implementation of the FARs. Any changes to Exemption 4317 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 should remain in force.

_______________________________________________

1/ Operator Members:

ABX Air, AirTran, Alaska Airlines, American Airlines, Astar Air, Atlas Air, Continental Airlines, Delta Air Lines,

Evergreen International, Federal Express, Hawaiian Airlines, JetBlue Airways, Southwest Airlines, United Airlines, 

United Parcel Service, US Airways.

Associate Members:

Air Canada, Air Jamaica, and Mexicana.
U.S. Department of Transportation

Docket Management System

Docket No. FAA-2001-9096

November 24, 2010

Page Two

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

121.485 as construed by Exemption 4317, since that provision was first promulgated more than 

50 years ago. 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 provisions of 14 CFR 

121.485 would apply. The circumstances justifying the issuance of Exemption 4317 have not 

changed, and this petition merely requests the continuation of Exemption 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 in prior 

applications, 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 24, 2010

SUMMARY OF ATA PETITION

To extend Exemption 4317L, 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.