1 Exemption No. 10909 Regulatory Docket No. FAA-2013-1096

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

Delta Air Lines, Inc.

for an exemption from § 117.3 (Rest Facilities) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

This letter grants Delta Air Lines Inc. ( herein referred to as the certificate holder ) an exemption from Title 14 Code of Federal Regulations ( 14 CFR) § 117.3 (Rest Facilities) to collect data during flight operations as proposed in its Fati gue Risk Management System (FRMS) submission to the Federal Aviation Administration (FAA) on 12/16/2013, subject to any conditions and limitations specified in this exemption.

For augmented flightcrew member operations there are three elements that must be considered when determining a flightcrew member’s maximu m applicable flight duty period (FDP) limit. These elements include the flightcrew member’s scheduled time of start (acclimated), the number of pilots assigned to the FDP, and th e class of rest facility used. During an FAA evaluation of the certificate holde r’s Airbus 330-200 class 1 rest f acilities it was determined that one of the two installed rest fa cilities in each of the certificat e holder’s Airbus 330-200 airplanes did not fully meet the criteria for a class 1 rest facility. The certificate ho lder seeks, through data collection and analysis, and subs equent FAA validation, to demonstrate that the non-compliant bunk (rest facility) provides an equivalent level of safety to that of the compliant bunk by demonstrating the quality of rest in the non-complia nt bunk is equivalent to that quality of rest obtained in the compliant bunk. As such, the cert ificate holder will constantly monitor (through data collection and analysis) the a ffected rest facilities through fa tigue report data and flightcrew member surveys and analyze this data and subm it this analysis to the FAA for validation. To demonstrate an equivalence, both rest facilities must be considered equal. Therefore, the certificate holder seeks to have the non-complia nt bunk considered an equivalent class 1 rest facility and use the class 1 FDP limits prescr ibed in Table C of part 117 to determine the flightcrew member’s maximum applicable FDP limit.2 Conditions and Limitations:

1) This exemption authorizes the certificate holder to conduct da ta collection pertinent to its Airbus 330-200 onboard rest facilities fo r the purpose of comparing a class 1 bunk compliant with part 117 to anot her bunk that is non-compliant. 2) This exemption to collect data will have a unique number assigned to that exemption. The certificate holder, when conducting opera tions under this exemp tion, must designate this number on the dispatch/f light release for each flight segment operated under the exemption. 3) While conducting operations under this exempti on, the rest facility being monitored will be considered a class 1 rest facility. Accordi ngly, the applicable FDP limits for a class 1 rest facility may be used to determine the flightcrew member’s maximum applicable FDP limit for augmented flightcrew member operations. 4) Data, for the purpose of this exemption, w ill include fatigue reports and flightcrew member surveys analyzed by the certificate holder. This exemption is contingent on the certificate holder conducting data collection and analysis. The certif icate holder must submit this data analysis to the FAA (A FS-200) at the end of each calendar month beginning on January 1, 2014 and continue this process until otherwis e instructed by the FAA. The analysis will be submitted to the FAA no later than 30 days following the end

of the calendar month in which the data was collected via e-mail at 9-AFS-200-FRMPFRMS/AWA/FAA@FAA. 5) The certificate holder must collect and analyze data submitted by flightcrew members using the rest facilities inst alled on each airplane type lis ted in Condition and Limitation #1 of this exemption. The certif icate holder will use the data from the compliant bunk as the baseline, and compare the data collected from the non- compliant bunk to the baseline

bunk. 6) The certificate holder must inform the affected flightcrew members us ing rest facilities under this exemption that the re st facilities are being mon itored for data collection and analysis. 7) The conditions and limitations associated with this exemption must be made available to all affected flightcrew members while operating under this exemption. 8) The affected flightcrew member must consent to participate in a data collection under this exemption. If an effected flightcrew me mber does not provide voluntary informed consent prior to participating in the data co llection, the effected flightcrew member may not participate in th e data collection. 9) The certificate holder must ensure the priv acy and confidentiality of data provided by participating flightcrew members. Any data submitted to the FAA must be de-identified.

In consideration of the foregoing, under the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has delega ted to me, I hereby grant Delta Air Lines Inc. an exemption from 14 CFR § 117.3 (Rest Faci lities) to the extent necessary to conduct the3 data collection approved under its proposed FRMS, subject to the condit ions and limitations described above. This exemption expires on 06 /30/2014, unless sooner supers eded or rescinded.

Issued in Washington, DC on December 27, 2013.

/s/ Michael J. Zenkovich Deputy Director, Flight Standards Service