AFS-11-451-E September 23, 2011

Exemption No. 10366 Regulatory Docket No. FAA-2011-0987

Mr. David P. Currier Vice President - Operations

North American Airlines Building 141, Federal Circle, JFK International Airport Jamaica, NY 11430

Dear Mr. Currier:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated September 2, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of North American Airlines (NAA) for an exemption from § 121.689(a)(6) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow NAA to use a minimum fuel supply designated in kilograms on its flight release forms, consistent with the unit of measurement used in the aircraft’s fuel system and weight and balance calculations.

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

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to NAA.

The FAA has issued grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10273 (copy enclosed), the FAA found that granting this exemption would be in the public interest because it would decrease the possibility that an airplane would take off w ith the incorrect fuel load. By eliminating the need to convert from kilograms to pounds in order to satisfy the requirements of § 121.689(a)(6), the chances of an error occurring in fuel load are decreased.2

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 10273;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10273 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant North American Airlines an exemption from 14 CFR § 121.689(a)(6) to the extent necessary to allow NAA to use a minimum fuel supply designated in kilograms on its flight release forms, consistent with the unit of measurement used in the aircraft’s fuel system and weight and balance calculations, subject to the

conditions and limitations described below.

Conditions and Limitations

1. Provide pound/kilogram and kilogram/pound conversion tables to all personnel involved with flight planning, fuel, and cargo loading of aircraft configured using kilograms as a weight measure.

2. Assure all crewmembers and persons who prepare fueling and weight and balance forms are trained in kilogram and pound conversion tables.

3. Operations manuals must include procedures for cross checking correct kilogram/pound and pound/kilogram-converted weights prior to takeoff.

This exemption terminates on October 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure