AFS-15-227-E

Exemption No. 13041

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of 

 

FREIGHT RUNNERS EXPRESS Regulatory Docket No. FAA-2014-1029

 

for an exemption from § 135.117 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION

 By letter dated December 11, 2014, Mr. Patrick Hammer, Director of Operations, Freight 

Runners Express, Inc. (Freight Runners), 1901 East Layton Avenue, Milwaukee, Wisconsin, 

53207, petitioned the Federal Aviation Administration (FAA) on behalf of Freight Runners 

for an exemption from § 135.117 of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption, if granted, would allow Freight Runners to operate under § 121.571 in 

lieu of § 135.117 when conducting passenger-carrying operations under part 135 in aircraft 

with more than 19 seats installed.

The petitioner requests relief from the following regulation:

Section 135.117 prescribes, in pertinent part, that each pilot in command of an aircraft 

carrying passenger shall ensure that all passengers receive an oral briefing on topics of 

safety including when, where, and under what conditions smoking is prohibited; the use 

of safety belts, the placement of seat backs in an upright position before takeoff and 

landing; location and means for opening the passenger entry door and emergency exits;

the location of survival equipment, and if the flight involves extended overwater 

operation, ditching procedures and the use of required flotation equipment; if the flight 

involves operations above 12,000 feet mean sea level (MSL), the normal and 

emergency use of oxygen; and location and operation of fire extinguishers.

The pilot in command or a crewmember is permitted to give this oral briefing, and for 

aircraft certificated to carry 19 passengers or less, the oral briefing shall be given by the 
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pilot in command, a crewmember, or other qualified person who is designated by the 

certificate holder and approved by the FAA.

In addition, § 135.117 also requires that the pilot in command ensures that each person 

who may need the assistance of another person to move expeditiously to an exit if an 

emergency occurs and that person's attendant, if any, has received a briefing as to the 

procedures to be followed if an evacuation occurs.

Additionally, § 135.117 requires that the oral briefing to be supplemented by printed 

cards which must be carried in the aircraft in locations convenient for the use of each 

passenger. The cards must be appropriate for the aircraft on which they are to be used;

contain a diagram of, and method of operating, the emergency exits; contain other 

instructions necessary for the use of emergency equipment on board the aircraft; and for 

scheduled Commuter passenger-carrying flights, include the sentence, “Final assembly 

of this aircraft was completed in [INSERT NAME OF COUNTRY].”

Lastly, § 135.117 permits the briefing described above to be delivered by means of an 

approved recording playback device that is audible to each passenger under normal 

noise levels.

The petitioner supports its request with the following information:

Freight Runners Express is requesting an exemption to comply with § 121.571 in lieu of 

§ 135.117 when conducting passenger-carrying operations in aircraft with more than 

19 passenger seats installed.

The petitioner states the briefing of passengers before flight (§ 135.117) is tailored to aircraft

that do not have an FAA-Certificated flight attendant onboard, while briefing passengers 

before takeoff (§ 121.571) is for part 121 operations which include a flight attendant 

crewmember. Aircraft operated under part 135 with more than 19 passenger seats installed 

require a flight attendant crewmember (§ 135.107). The petitioner asserts requirements of 

§ 121.571 are more applicable than those in § 135.117.

The petitioner asserts the requirements of § 135.117 include unnecessary information when a

flight attendant is used and detract from the briefing by adding unnecessary information such 

as: the location of survival equipment, location and operation of a fire extinguisher, location 

and means for opening the passenger entry door. The petitioner states that, when performing 

the briefing required by § 135.117, the additional information requires the briefing to be

longer and may lose the attention of the passenger.

Additionally, the petitioner contends § 135.117 requires that the pilot in command briefs each

person who many need the assistance of another person to move expeditiously to an exit if an 

emergency occurs, while § 121.571 requires that a required crewmember assigned to the flight 
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performs the briefing. The petitioner contends that it is more appropriate for the flight 

attendant to brief the passenger rather than the pilot in command.

The petitioner states the requirements for the supplemental printed cards under § 121.571

require that the card contains information pertinent only to the type and model of airplane 

used for that flight, while § 135.117 requires they be appropriate for the aircraft on which they 

are used. The petitioner states that § 121.571 is more restrictive and safer.

The petitioner points out that § 121.571 requires that the procedure for the briefing be 

included in the certificate holders manual, while § 135.117 has no such requirement. The 

petitioner states this enhances safety by having a written procedure.

The petitioner requests FAA approval to exercise the privileges of this exemption inside and

outside of the United States due to the fact that their [sic] should not be different passenger 

briefing requirements inside and outside the United States.

Finally, the petitioner contends that the proposed exemption enhances passenger safety by 

complying with part 121 passenger briefing requirements.

 A summary of the petition was published in the Federal Register on January 20, 2015 (80 FR 

2773). No comments were received.

The FAA's analysis is as follows:

The FAA finds that a grant of exemption would not provide a level of safety equivalent to the 

rule. 

In the first assertion, the petitioner states the briefing of passengers before flight (§ 135.117) is 

tailored to aircraft that do not have an FAA-certificated flight attendant onboard, while

briefing passengers before takeoff (§ 121.571) is for part 121 operations which include a flight 

attendant crewmember. Section 135.107 states “[A]ircraft operated under part 135 with more 

than 19 passenger seats installed require a flight attendant.” 

The petitioner further states that the requirements of § 121.571 are more applicable [to 

operations that require a flight attendant] than those in § 135.117. The FAA disagrees in part 

with the assertion that § 135.117 is tailored to aircraft without a flight attendant onboard, as 

many part 135 operations do operate with an FAA-certificated flight attendant assigned as a 

crewmember, and part 135 regulations are written to address both types of operations. Section 

135.117 includes information that is pertinent to all passengers for the safety of flight, 

regardless of whether there is a flight attendant assigned to that flight or not. Section 121.571 

states that, for operations that do not use a flight attendant, passenger briefings must also 

include information about the placement of seat backs being in an upright position before 

takeoff and landing; the location of survival equipment; the normal and emergency use of 

oxygen for operations above 12,000 MSL, and the location and operation of installed fire 
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extinguishers. Each of these part 121 briefing items in included in the briefing requirements 

of § 135.117, regardless of whether a flight attendant is assigned to the flight or not.

The petitioner asserts the requirements of § 135.117 include unnecessary information when a

flight attendant is used, which detracts from the briefing by adding unnecessary information, 

such as the location of survival equipment, location and operation of a fire extinguisher, 

location and means for opening the passenger entry door. The petitioner further asserts that 

the additional information required in the briefing required by § 135.117 requires the briefing 

to be longer and may lose the attention of the passenger. The FAA disagrees with the 

petioner’s assertion that “the requirements of § 135.117 include unnecessary information” 

because the information includes safety aspects specifically designed to assist passengers in 

the event of any type of emergency. Many part 135 operations that require a flight attendant 

typically have only one flight attendant crewmember, and should that flight attendant become 

incapacitated, passengers need to know safety information that pertains to that aircraft.

Knowing the location of survival equipment, fire extinguishers and the passenger entry 

door(s) and how to operate those pieces of emergency equipment could increase passenger 

survivability in the event of an emergency. 

In Appendix 3. part 135 Operations, of Advisory Circular 121-24C, Passenger Safety 

Information Briefing And Briefing Cards, dated July 23, 2003, the FAA discusses the oral 

briefing and passenger information cards used in operations conducted under part 135. “The 

pretakeoff oral briefing should be given so that each passenger can clearly hear it. Crewmembers 

giving these briefings should speak slowly and distinctly. The pretakeoff oral briefing may be 

given by audiotape or videotape means. This method of passenger briefing should be considered 

when the aircraft is equipped with the necessary videotape and sound equipment. The advantage 

of an audiotape or videotape presentation is the assurance that a complete briefing is given, that 

the diction is good, and that an overall high quality briefing is maintained. Tape presentations 

also lend themselves very well to a multilingual presentation. In addition, a videotape 

presentation can include “signing” for the deaf and other visual presentations, which may be more 

meaningful to passengers.” The AC further iterates that it is up to each operator to deliver the 

safety briefing required by § 135.117 thoroughly and with a high quality, so that all passengers 

are made aware of the provided safety instructions. The FAA supports an operator’s use of 

creative and effective methods that use state-of-the-art technology to convey safety 

information to passengers.

Additionally, the petitioner contends § 135.117 requires that the pilot in command briefs each

person who many need the assistance of another person to move expeditiously to an exit if an 

emergency occurs, while § 121.571 requires that a required crewmember assigned to the flight 

performs the briefing. Petitioner states that it is more appropriate for the flight attendant to 

brief the passenger rather than the pilot in command, an assertion with which the FAA agrees. 

The regulation (§ 135.117) requires the pilot in command to ensure that each person who may 

need assistance to move to an exit if an emergency occurs and that person’s attendant, if any, 

has received a briefing. The regulation does not require this “special passenger” briefing to be 

conducted by the pilot in command. The regulation allows for the briefing to occur by a 
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crewmember, who may then communicate to the pilot in command that the briefing has 

occurred. 

The petitioner also states the requirements for the supplemental printed cards under § 121.571 

require that the card contains information pertinent only to the type and model of airplane 

used for that flight, while § 135.117 requires they be appropriate for the aircraft on which they 

are used. The petitioner states that § 121.571 is more restrictive and safer. Oral briefings 

must be supplemented with briefing cards, which must be appropriate for the type and model 

of aircraft on which they are to be used and consistent with the airline’s procedures. The 

information on the cards should be consistent with the information contained in the air 

carrier's manuals. 

When aircraft equipment is substantially different even with the same model of aircraft, the air 

carrier should provide information specific to that aircraft. Merely labeling the depiction of 

the differences with the type and model of aircraft is not sufficient. Section 135.117 requires 

the safety information card to be “appropriate for the aircraft on which they are to be used,” 

and the card must also contain diagrams of and method of operating, the emergency exits as 

well as other instructions necessary for the use of emergency equipment on board the aircraft. 

If Freight Runners wishes to use a generic printed card, it may, but only if the card is deemed 

“appropriate” by the FAA and approved by the operator’s Certificate Management Office 

Principle Operations Inspector (POI) assigned to that air carrier. Freight Runners may 

enhance safety for its operation by using cards that contain information pertinent only to the 

type and model of the airplane used for that flight, as required by § 121.571. 

The petitioner points out that § 121.571 requires that the procedure for the briefing be

included in the certificate holder’s manual, while § 135.117 has no such requirement. The 

petitioner states this enhances safety by having a written procedure. Section 135.21 requires 

each certificate holder to “prepare and keep current a manual setting forth the certificate 

holder's procedures and policies acceptable to the Administrator. This manual must be used 

by the certificate holder's flight, ground, and maintenance personnel in conducting its 

operations.” Section 135.23 lists the contents required for the manuals specified in § 135.21, 

including the procedures for ensuring compliance with emergency procedures and to be 

followed by the pilot in command in the briefing under § 135.117. Currently, Freight Runners 

has a separate flight attendant manual that contains standard operating and emergency 

procedures for its flight attendants. It is expected that the procedure for the briefing required 

by § 135.117 is included in this flight attendant manual and that any changes to this manual 

are accepted by the POI. 

The petitioner requests FAA approval to exercise the privileges of this exemption inside and

outside of the United States due to the fact that their [sic] should not be different passenger 

briefing requirements inside and outside the United States. Section 135.117 does not 

differentiate between briefing requirements for flights that operate within the United States or 

those that operate outside the United States. 
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The petitioner contends that the proposed exemption enhances passenger safety by complying 

with part 121 passenger briefing requirements. Regulations set forth by the FAA do so to 

enhance passenger safety and are tiered according to the level of risk inherent in the CFR part 

under which the operation is conducted. While additional efforts to enhance safety are 

laudable, the FAA deems that the requirements of § 135.117 are sufficient for operations 

conducted under part 135. 

Finally, in addition to the requirements of § 121.571, which the petioner wishes to adopt 

instead of the requirements of § 135.117, §§ 121.333 and 121.577 are also required 

components for part 121 passenger safety briefings. In its petition, Freight Runners does not 

address how it will comply with these requirements. On a similar note, the FAA does not 

permit the selective picking and choosing with which regulations, part 121 or part 135, an 

operator elects to comply.

The FAA’s Decision

 In consideration of the foregoing, I find that a denial of exemption is warranted because 

granting an exemption would not provide a level of safety equivalent to the rule. Therefore, 

pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me 

by the Administrator, the petition of Freight Runners Express, Inc., for an exemption from 

14 CFR § 135.117 is hereby denied.

Issued in Washington, D.C., on September 21, 2105 . .

/s/

John Barbagallo

Deputy Director, Flight Standards Service