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August 9, 2011

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Submitted via Federal Docket Management System (FDMS)

Dear Sir or Madam: 

Jet Charter, Inc., holder of FAA Air Carrier Certificate Number LBWA011G, is requesting an exemption 

from the requirements of 14 CFR 135.225(f) relating to IFR: Takeoff, Approach and Landing Minimums 

at foreign and military airports. The primary contact in this matter is: 

Michael P. McCullough

Assistant Director of Operations

Jet Charter, Inc.

169 Ramapo Valley Road

Oakland, NJ 07436

Phone: (201) 485-7875

Fax: (201) 485-7879

E-mail: mike@armcharter.com

PETITION FOR EXEMPTION 

This Petition for Exemption (“Petition”) is submitted in accordance with 14 CFR 11 and seeks permanent 

relief from certain rules issued by the Federal Aviation Administration governing IFR takeoffs when the 

visibility is less than 1 statute mile and governing approaches when the visibility is less than 1⁄2 mile at 

foreign and military airports. 

SCOPE 

This petition request applies to all multiengine, turbine-powered airplanes operated by Jet Charter, Inc. in 

accordance with 14 CFR 135 (Part 135) and the applicable Operations Specifications. 
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SPECIFIC RELIEF REQUEST 

Jet Charter, Inc. is petitioning for an exemption to 14 CFR 135.225(f) which currently contains the 

following language: 

Each pilot making an IFR takeoff or approach and landing at a military or foreign airport shall comply 

with applicable instrument approach procedures and weather minimums prescribed by the authority 

having jurisdiction over that airport. In addition, no pilot may, at that airport—

(1) Take off under IFR when the visibility is less than 1 mile; or

(2) Make an instrument approach when the visibility is less than 1/2 mile.

By means of Notice N8900.38, dated April 18, 2008 the FAA removed the authorization previously 

contained in Operations Specification paragraph C079 that allowed lower than standard takeoffs at 

foreign and military airports. Although no mention is made in N8900.38 of a conflict with 135.225 (f) 

(formerly 135.225(e)), this notice changed the header of Operations Specification C079 to read “US Civil 

Airports” for Part 135 Operations only, while allowing the header to retain the words “All Airports” for 

Part 121 and Part 91 Subpart K Operations. 

The analogous rule in Part 121.651(f) was revised in 1981 and incorporated the following language: 

§121.651(f): Unless otherwise authorized in the certificate holders operations specifications, each pilot 

making an IFR takeoff, approach, or landing at a foreign airport shall comply with the applicable 

instrument approach procedures and weather minimums prescribed by the authority having jurisdiction 

over the airport. (Bold added by the petitioner.) 

The preamble to that rule change contained the following comment: 

Foreign Airports 

Finally, a new 121.651(f) is added to require a pilot making an IFR takeoff, approach, or landing at a 

foreign airport to comply with the applicable instrument approach procedures and weather minimums 

prescribed by the authority having jurisdiction over the airport, unless otherwise authorized in the 

certificate holders operations specifications. This ensures that U.S. operators comply with appropriate 

foreign government regulations when conducting international operations. No specific comments were 

received on this section and it is adopted as proposed. 

The visibility restrictions contained in 135.225(f) do not appear to be supported by any recognizable 

safety argument and it is not be easily determined why the decision was made to include this limitation. It 

seems safer and far more prudent for the certificate holder to abide by the regulations applicable to the 

country and airport at which they are operating. Therefore, we believe Jet Charter, Inc. should be granted 

the same level of relief as Part 121 and Part 91K operators. 

PUBLIC INTEREST 

The current regulation results in flight delays that impact the public while engaging in foreign airport 

operations. This is particularly critical in the European environment where departure reservations are the 

norm. In addition to passenger inconvenience and expense, such delays cause loss of revenue to the 

operator and create an economic disadvantage to operators who do not receive an exemption from this 

regulation. 
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EQUIVILANT SAFETY 

Jet Charter, Inc. FAA Air Carrier Certificate LBWA011G is currently authorized to conduct takeoffs in 

weather minimums below Category I takeoff minimums for 14 CFR 135 airplane operations (FAA 

Operations Specifications C079, Table 1) down to 500 feet Runway Visual Range. In addition, Transport 

Canada has also issued Operations Specifications to Jet Charter, Inc. allowing Takeoff Minima to 600 feet 

Runway Visual Range (Canadian Operations Specification No. 085). 

All crewmembers are trained and evaluated in accordance with the FAA-approved Jet Charter, Inc. Part 

135 Training Program. The Lower than Standard Takeoff Minimums (500 RVR) training event is 

conducted in Initial New Hire, Upgrade, and Recurrent Curriculum Segments for all turbine-powered 

aircraft. 

The majority of instrument approaches outside the United States have been designed in compliance with 

ICAO Procedures for Air Navigation Services-Aircraft Operations (PAN-OPS). This international 

standard is equivalent to the United States Terminal Instrument Procedures (TERPS) and 14 CFR 139 

specifications.

Jet Charter, Inc. operates multiple large turbine-powered aircraft and is regularly audited by Wyvern, 

Executive Jet Management, and other large corporate flight departments. In addition, Jet Charter, Inc. has 

an IS-BAO compliant Safety Management System (SMS) and always assigns two type-rated pilots to 

each flight operation. Therefore, granting the requested relief to Jet Charter, Inc. will not cause any 

degradation in the safety of operations. 

FEDERAL REGISTER PUBLICATION 

Jet Charter, Inc. requests a waiver of the 120-day filing requirements and the publishing of a summary of 

the Petition on the Federal Register. Any delay in granting of this exemption request will needlessly 

encumber FAA resources and result in additional delays for relief that has already been granted to other 

Part 121 and 135 certificate holders.

Please contact me if further information regarding this request is required.

Respectfully, 

Michael P. McCullough

Assistant Director of Operations

Jet Charter, Inc.