Petition of: DELTA AIR LINES, INC. BEFORE THE FEDERALAVIATION ADMINISTRATION WASHINGTON D.C.

OPERATING CERTIFICATE DALA026A Docket FAA-2016- Forexemption ofcertain requirements of 14 CFR 121.46S(b)(1)-(2),

PETITION OF DELTA AIR LINES, INC. FOR AN EXEMPTION

January 

### 20, 2016
Delta Air Lines, Incorporated, operating certificate DALA026A, hereby petitions the Federal Aviation Administration (FAA), pursuantto 14 C.F.R. Part 11 for relieffrom Federal Aviation Regulation (FAR) §121.465(b){l)-(2), provided certain conditions and limitations are met. Section ofthe Federal Aviation Regulations Affected § 121.465 -Aircraft Dispatcher DutyTime Limitations- Domestic and Flag Operations (b) Except in cases where circumstances or emergency conditions beyond the control ofthe certificate holder require otherwise- (1) No certificate holder conducting domestic orflag operations may schedule a dispatcherfor more than 10 consecutive hours ofduty; (2) Ifa dispatcher is scheduled for more than 10 hours of duty in 24 consecutive hours, the certificate holdershall provide him or hera rest period ofat least eight hours at or before the end of 10 hours ofduty. Requested Relief Specifically, Delta Air Lines, Inc., is seeking relieffrom the requirements of 14CFR 121.46S(b)(1)·(2) as itapplies to operating familiarization flights to allow scheduling on flights exceeding ten hours of block timeto enable observations in all operational theaters. Background Dispatchers employed by Delta Air Lines, Inc., operate flights to and from six continents. Flight assignments are divided geographically, and a dispatcherwill normallywork the same theater for a period ofone year. 14 CFR 121.463 requires that an operating familiarization flight be conducted at least annually. Section 3-1703 ofthe Flight Standards Information System (FSIMS) 8900.1 directs POls to ensure effective use is made offamiliarization flights. Paragraph (A)(l) states, "The flights selected should take the aircraft dispatcher candidate through the representative areas in which the candidate is qualified." ParagraphPetition for

**Exemption~** 14 CFR 121.46S(b)(1)-(2) Delta Air Lines, Inc. January 20, 2015 Page 2 (A)(2) states, "POls should ensure thatthe aircraft dispatchers responsible for extended overwater routes are provided operational familiarization with those routes and with flight crew procedures, as well as with domestic routes. Aircraftdispatcherswith responsibility for ETOPS and operations according to OpSpec paragraphs 8043 and 8044 should observe these operations." Compliance with this statement requires the conduct ofoperating familiarization flights exceeding ten (10) hours of block time given the route structure of Delta Air Lines, Inc. Underthe provisions of 14 CFR 121.463, an aircraft dispatcher must complete an operating familiarization annually. Additional guidance provided to FAA inspectors in the FSIMS 8900.1 encourages flights to be conducted in areas typically served bythe dispatcher. Guidance material utilized byaud'ttors conducting the lATAOperational SafetyAudit (IOSA) is similarto thatfound in FSIMS 8900.1. The Legal Interpretation issued by Mr. Mark M. Bury on March 17, 2015, makes an operating familiarization on most extended overwater flights a violation of 14CFR 121.465(b)(1)-(2) making it impossible to observe operations to all locations in Asia, Africa, Australia, and the Middle East along with several in Europe. Specifically, 8900.1, Vol. 3, Chap. 22, Section 5, Aircraft Dispatcher Qualification Curriculum Segments and Recurrent and Requalification Curriculums 3-1703, OPERATIONAL FAMILIARIZATION FLIGHTS. A. Training Objectives. POls 

### wilt ensure that operators make effective use of initial and recurrent familiarization flights to achieve valid training objectives as follows: 1) The flights selectedshould take the aircraftdispatchercandidate through the representative areas in which the candidate is to be qualified. The flights should transit a majorterminal area within the region. For operational familiarization flights in succeeding years, the operatorshould have a plan to systematically expose an aircraft dispatcherto different routes and terminal areas in the aircraft dispatcher's area of responsibility. 

### 2) POls should ensure that the aircraftdispatchers responsible forextended overwaterroutes areprovidedoperationalfamiliarization with those routes and with flightcrewprocedures, as wellas with domestic routes. Aircraftdispatchers with responsibility forETOPS and operations according to OpSpecparagraphs 8043 and 8044 should observe these operations. This exemption to the duty time limitationsof§ 121.465 also meets the published guidance ofthe FAA Aviation Rulemaking Advisory Committee'sTraining and Qualification IssueArea, Air Carrier Working Group Task 3- Crew Resource Management.Petition for Exemption- 14 CFR 121.46S{b)(1)-(2} Delta Air Lines, Inc. January 20, 2015 Page 3
Underthe Part N & 0 re-write NPRM published by the FAA, the proposed regulation was again reinforcing the need for dispatchersto be familiar with the geographic area into which they dispatch. Further, the NPRM does not reference a limitto the flight legs in reference to maximum time on dutythroughout the discussion: 

### § 121.1413 (d) Operating familiarization. The person has successfully completed operating familiarization every 12 months in accordance with § 121.1415. For domestic operations, the operating familiarization must be conducted within a geographic area into which the person dispatches. Forflag operations, the operating familiarization must be conducted within a flag area ofoperation forwhich the person dispatches in accordance with the Aircraft Dispatcher QPS. (1) Ifthe person dispatches in either domestic operations orflag operations, but not both, the person must have completed operating familiarization in the type ofoperation, domestic orflag, and in an aircrafttype that the person dispatches within the preceding 12 months. (2) Ifthe person dispatches in both domestic and flag operations, the person must have completed operating familiarization in both domestic and flag operations in an aircrafttype that the person dispatches within the preceding 24 months.


### § 121.1415 Aircraft dispatcher: Operating familiarization. {a) Except as provided in paragraphs (b) and (c) ofthis section, the operating familiarization required by§ 121.1413(d) must consist ofat least 5 hours of observing operations underthis part from the flight deck. This observation must be made from the flight deck or, for airplanes without an observer seaton the flight deck, from a forward passenger seat with headset or speaker. This requirement may be reduced by one hourfor each additional takeoffand landing, but the reduction must not exceed 2 1/2hours. Per company policy outlined in the Flight Control Operations Manual (FCOM), dispatchers employed by Delta Air Lines, Inc., are granted a positive space cabin seat on all segments exceeding nine hours ofblock time. Additionally, Delta company policy clearly defines all training days, operating familiarization flights, and special projects as duty time and requires a rest period ofat least eight hours between those and other duty periods. Delta stipulates that the requested exemption from the limitations in §121.465 will only be applied to operating familiarization flights forwhich the duty assignment exceeds 10 hours. Delta further stipulates thatthe exemption will not be applied to classroom or dispatch desk-related training, norwill it be applied to performance oftraditional Aircraft Dispatcher duties offlight planning, flight release, exercise ofoperational control, orflight monitoring.Petition for Exemption- 14 CFR 121.46S(b)(l)-(2) Delta Air Lines, Inc. January 20, 2015 Page 4


### Requestfor Expedited consideration DAL is also requesting that, as part ofthis Petition for Exemption request, the public comment phase be waived as perTitle 14CFR Part 11.87(a), which states: "The FAA maynotpublish a summaryofyourpetition torexemption andrequest comments 

### ifyoupresentor we findgoodcause why we shouldnotdelayaction on your petition. The factors we considerin deciding notto requestcommentinclude: (a) Whethergranting yourpetition wouldseta precedent

... It is the opinion of DALthat since the mitigating actions are already in place and the operation requested has been demonstrated to and approved by the FAA as Delta's means ofcompliance with 121.465, there is no precedent being set with our request. The purpose ofthis exemption is to continue to provide the Delta dispatcherswith the observations that represent Delta's route structure as provided in FSIMS and as required by 

### 14 CFR. NoAdverse Effecton Public Safety Relieffrom the requirements of§ 121.465(b)(l)-(2)solely as itapplies to operating familiarization flights will not have an effect on public safety because a dispatcheron an operating familiarization flight is not involved directly in the operation ofthe aircraft orany decisions related to the operation ofthe aircraft. Thus, any fatigue experienced by that dispatcherwill not have an effecton the safety offlight. Additionally, the dispatcherwill receive a minimum of8 hours free ofduty priorto the next opportunityto exercise any operational control. 

### Public Benefit Delta Air Lines, Inc. believes a Grant of Exemption would be in the public interestfor the following reasons:
• The requirements of 14 CFR 121.463 give dispatchers a unique perspective on aircraft operationsthat can only be obtained through experience in live operations. This experience forms a better educated airman which benefits safety.
• Operating familiarization flights present an opportunity forjointCRM/DRM training to take place. This benefits safety.

• The guidelines found in FSIMS 8900.1 and the IOSA Standards Manual were created because they benefit safety. While compliance is not mandatory, dispatchers gain important experience by observing in the theaters in which they are qualified and operate flights routinely.

• The exemption promotes dispatcher proficiency and protects against dispatcher fatigue, both dearly in the public interest.Petition for Exemption- 14CFR 121.465(b)(1)-(2) Delta Air Lines, 

### Inc. January 20, 2015 Page 5



### Conclusion Based on the information provided in this petition, Delta Air Lines, Inc., believes it is prudentfor the FAA to grantthe sought after relieffrom 

### 14 CFR 

### 121.465(b)(1)-(2), solely as they pertain to the completion ofoperating familiarization flights with block times exceeding ten 

### (10) hours. Please contact Chris Schwartz, Supervisor- Flight Control Standards at christopher.schwartz@delta.com, 

### 404-715-1120 (office), 

### 404-769-6938 (mobile), or Chuck Schramek, Director- QualityAssurance, Compliance, and Business Support at

### 404-715- 1112 (office) ifyou have questions or require additional information. Sincerely, 

# =1£'f!/4Y

SeniorVice President Flight Operations Delta Air Lines, Inc.

### Petition for

### Exemption

- 14CFR 121.465(b)(l)-(2) 

### DeltaAir

### lines, Inc. January 20, 2015 

### Page 6

Summaryfor Federal Register Petitioner: Delta Air Lines, Inc. Affected Regulations: 

### 14 CFR 121.465(b)(l)-(2)
summary ofReliefSought: Delta Air Lines, Inc., Operating Certificate DALA026A, petitions the Administrator for relief from 14 CFR 121.465(b)(1)-{2), solely as they perta·m tothe completion of operating familiarization flights with block times exceeding ten {10) hours. This petition seeks to allow dispatchersto continue to complete operating familiarization on extended overwaterflight operations to gain exposure to world-wide theaters served by Delta Air Lines, Inc.