AFS-13-078-E 

March 08, 2013 

 Exemption No. 9825B 

 Regulatory Docket No. FAA-2001-9096 

Mr. Paul W. Railsback 

Director of Operations 

Airlines for America 

1301 Pennsylvania Avenue, NW, Suite 1100 

Washington, DC 20004-1707 

Dear Mr. Railsback: 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9825, as amended. It explains the basis for our decision and describes its effect, and lists 

the conditions and limitations. 

The Basis for Our Decision 

By letter dated November 13, 2012, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Air Transport Association of America, Inc. dba Airlines for America 

(A4A) for an extension of Exemption No. 9825, as amended. That exemption from 

§ 121.485(b) of Title 14, Code of Federal Regulations (14 CFR) permits A4A-member 

airlines and other similarly situated part 121 air carriers to conduct flights of fewer than 

12 hours duration with an airplane having a flightcrew of three or more pilots and an 

additional flight crewmember without requiring the rest period following that flight to be 

twice the hours flown since the last rest period at each flightcrew’s home base. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

You also note in your petition that this exemption would extend beyond the January 4, 2014 

effective date for the new part 117 flight and duty rules and would therefore only apply to all-
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cargo operations once part 117 takes effect. The FAA has amended the conditions and 

limitations of the exemption to reflect the part 117 effective date. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to A4A-member 

airlines. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 9825, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition. 

Conditions and Limitations 

1. No pilot may be scheduled to fly in an airplane that has a crew of three or more pilots 

and an additional flight crewmember for more than 12 hours during any 24 

consecutive hours unless the certificate holder complies with the provisions of 

 § 121.485. 

2. Any pilot who is away from his or her base on an airplane that has a crew of three or 

more pilots and an additional flight crewmember and is scheduled to fly on any flight 

or series of flights for more than 12 hours during any 24 consecutive hours shall be 

given, upon return to his or her base from any flight or series of flights, a rest period 

that is at least twice the total number of hours he or she flew since the last rest period 

at his or her base. 

3. No pilot may be scheduled to fly under this exemption for a certificate holder subject 

to part 117. 

4. After January 3, 2014, this exemption shall only apply to certificate holders 

conducting all-cargo operations under part 121. 
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The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9825, as amended, to April 30, 

2015 unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

Service