AFS

- 14

- 2 92

- E June 11, 2014

Exemption No. 10909A Regulatory Docket No. FAA

- 20 13

- 1096

Mr. Stephen M. Dickson Senior Vice President Flight Operations Delta Air Lines, Inc.

101 0 Delta Boulevard, Department 027 Atlanta, GA 30354

Dear Mr. Dickson :

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

No. 10909 . It explains the basis for our decision , describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated March 18, 2014 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Delta Air Lines, Inc. (D elta ) for an extension of Exemption No. 10909 . That exemption from § 117.3 of Title 14, Code of Federal Regulations (14 CFR) allows D elta to conduct data collection approved under its proposed fatigue risk management system (FRMS).

In your petition, you indicate that there has been no change in the conditions and reasons relative to publ ic interest and safety that were the basis for granting the original exemption.

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 s et a precedent, and any delay in acting on this petition would be detrimental to D elta

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Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10909 remains valid with respect to this exemption and is in the public i nterest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegat ed to me, Delta Air Lines, Inc. is granted an extension to its exemption from § 117.3 that allows it to conduct the data collection appro ved under its proposed FRMS , subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption authorizes the certificate holder to conduct data collection pertinent to

its Airbus 330

- 200 onboard rest facilities for the purpos e of comparing a C lass 1 bunk compliant with part 117 to another bunk that is non

- compliant.

2. This exemption issued to collect data will have a unique number assigned to that exemption. The certificate holder, when conducting operations under this exemptio n, must designate this number on the dispatch/flight release for each flight segment operated under the exemption.

3. While conducting operations under this exemption , the rest facility being monitored

will be considered a C lass 1 rest facility. Accordingly, the applicable flight duty period ( FDP ) limits for a C lass 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, will include fati gue reports and flightcrew member surveys analyzed by the certificate holder. This exemption is contingent on the certificate holder conducting data collection and analysis. The certificate holder must submit this data analysis to the FAA (AFS

- 200) at th e end of each calendar month beginning on January 1, 2014 and continue this process until otherwise 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 collec ted via e

mail at 9

- AFS

- 200

- FRMP

- FRMS/AWA/FAA@FAA. GOV.

5. The certificate holder must collect and analyze data submitted by flightcrew members using the rest facilities installed o n each airplane type listed in Condition No. 1 of this exemption. The certific ate 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 using rest facilities

under this exemp tion that the rest facilities are being monitored for data collection and analysis

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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 f lightcrew member must consent to participate in a data collection under this exemption. If an effected flightcrew member does not provide voluntary informed consent prior to participating in the data collection, the effected flightcrew member
may not part icipate in the data collection.

9. The certificate holder must ensure the privacy and confidentiality of data provided by participating flightcrew members. Any data submitted to the FAA must be de

identified

.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10909 to December 31, 201 4

, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy, Flight Standards Service