AFS-14-292-E

June 11, 2014

 Exemption No. 10909A

 Regulatory Docket No. FAA-2013-1096

Mr. Stephen M. Dickson

Senior Vice President Flight Operations

Delta Air Lines, Inc.

1010 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. (Delta) for an extension of Exemption No. 10909. That 

exemption from § 117.3 of Title 14, Code of Federal Regulations (14 CFR) allows Delta 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 public 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 set a 

precedent, and any delay in acting on this petition would be detrimental to Delta.
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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 interest. Therefore, under the 

authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has 

delegated to me, Delta Air Lines, Inc. is granted an extension to its exemption from § 117.3 

that allows it to conduct the data collection approved 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 purpose of comparing a Class 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 exemption, 

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 Class 1 rest facility. Accordingly, the applicable flight duty 

period (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, will 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 certificate holder 

must submit this data analysis to the FAA (AFS-200) at the 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 collected via email 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 on each airplane type listed in Condition No. 1 of this 

exemption. The certificate 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 exemption 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 flightcrew 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 participate 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 deidentified.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10909 to December 31, 2014,

unless sooner superseded or rescinded. 

Sincerely,

/s/

John Barbagallo

Acting Deputy, Flight Standards Service