Petition of Delta Air Lines, Inc. - Operating Certificate DALA026A

FAA-2006-25780 - Exemption of Certain Provisions of 14 CFR 121.434(a)

August 30, 2006

Petition for an Exemption | Word | As Published in Federal Register October 16, 2006

Delta Air Lines, Incorporated, operating certificate DALA026A, in conjunction with our Check Pilots and Pilots hereby petitions the Federal Aviation Administration (FAA), pursuant to 14 C.F.R. Part 11 for relief from Federal Aviation Regulation (FAR) §121.434(a), while conducting flag operations, 14 C.F.R. §119.21(a)(2), with a crew of two pilots and one additional flight crewmember under §121.483 to the extent necessary to allow a pilot serving as second-in-command receiving operating experience to be authorized to remain in a control seat during enroute operations while the check pilot is away from the flight deck taking a break and is replaced by a Pilot-in-command type rated Airline Transport Pilot who has completed all the requirements of §121.543 provided certain condition and limitations are met.

By: Joseph Kolshak, Executive VP Operations

October 19, 2006

Re: Support of Continental Airlines

Continental Airlines supports the granting of this exemption. We maintain that this is a safe operation because both the replacement pilot and the F/O receiving operating experience would be type rated and qualified to fly. Therefore, it is safer for the Check Airman to take a break while in cruise, to be refreshed and alert for the descent, approach, and landing then to let him/her remain in the seat for the entire trip.

By: Jackson S. Seltzer, Training Standards

October 30, 2006

Re: Support of American Airlines

American Airlines writes in strong support of the petition for exemption filed by Delta Air Lines. Regulation (FAR 121.483) does not require relief for pilots operating up to and including 12 hours. By granting this exemption, pilots will be better rested for critical phases of flight.

A check airman who has taken a rest break during the cruise portion of flight will be better rested, and therefore safety will be greatly improved during the more critical and busier descent and approach & landing phases. These check airman taking a rest break will always be readily available, as the rest area is located just aft of the cockpit. Additionally, a Check Airmen is trained to recognize deficiencies and can elect not to take a break on flight up to and including 12 hours, if he/she feels any apprehension about the proficiency and skills of the operating experience pilot.

By: Christopher Broom, Flight Training Operations

November 6, 2006

Re: Opposition of The Air Line Pilots Association, International

ALPA opposes the August 30, 2006 Petition of Delta Airlines, Inc. for an exemption to 14 C.F.R. §121.434(a). The exemption, if granted, would allow a required check airman to take a rest break during the cruise phase of flight. Although Delta's stated reasons for seeking the exemption are "safety and economy," a closer examination of the justification provided by Delta reveals that granting Delta's Petition would result in non-qualified pilots operating the controls of international passenger revenue flights for substantial periods of time without any supervision by an authorized check pilot. Because the requested exemption would not provide an equivalent level of safety to the current regulation, it must be denied.

By: ALPA, Don Wykoff