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michael LOa/i-rip giffiClng

May 1,2012

U.S. Department of Transportation

Docket Operations

West Building Ground Floor

Room W12-140

New Jersey Avenue, SE

Washington, DC 20590.

Subject: Petition for Exemption

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References: CFR 125.367, 125.375, 125.377

8900.1, Volume 3, Chapter 2, Section 1, Exemptions, Deviations, Waivers and

Authorizations

CFR Section 11.63, Petitions for Rulemaking and for Exemptions

CFR Section 11.81, Petition Procedures

CFR 135.223 and 121.619

Sir:

Reference publications listed above, our interpretation of CFR 125 suggests MWR is required

by rule to designate an alternate airport for all flights conducted under IFR within the 48

conterminous States and the District of Columbia regardless of forecast weather.

Reference the Petition Attachment A, MWR respectfully request exemption from the

requirement ot CFR 125.367(a) requiring the listing of an alternate airport for all flights

conducted under IFR and .that such exemption permit the application of rules less restrictive as

proliidedunderCFR 135.223 and CFR 121.619.

Respectfully, .

William B.Freeman

Director of Aviation

Michael Waltrip Racing

329 Hangar Drive

Statesville, NC 28677

bfreeman@michaelwaltrip.com

Cell: 803.429.0004

Fax: 704.838.1710

20310 Chartwell Center Drive - Cornelius, North Carolina 28031
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mIchael LUali-rlp racing

Attachment A - Petition

Reference: CFR 11.63

A. MWR Racing, LLC

Attention: Bill Freeman, Director of Operations

329 Hangar Drive

Statesville. NC 28677

Voice: 803.429.0004

bfreeman@michaelwaltrip.com

B. 125.367(a)

C. CFR 125.367(a) requires MWR to designate an alternate airport for all flights conducted

under IFR within the 48 conterminous States and the District of Columbia regardless of

forecast weather.

This requirement is unduly burdensome both operationally and financially in that it

excessively restricts aircraft payload and utility. Identical aircraft operated by MWR

Racing, LLC are also operated by the scheduled airlines under CFR 121 and charter

operators under CFR 135 and are not so restricted. (See CFR 121.619 and 135.223)

We request an exemption from 125.367(a) and a deviation permitting operations in

compliance with the IFR Alternate Airport Requirements of CFR 135.223 or CFR

121.619.

D. The economic impact to the public operationally and financially has significant merit and

provides significantly greater utility of aircraft operated under CFR 125.

.E. A reasonable level of time proven safety will be preserved as evidenced by rules such as

135.223 and 121.619 that have been in play for many years for identical aircraft.

F. MWR respectfully request exemption from the requirement of CFR 125.367(a) requiring

the listing of an alternate airport for all flights conducted under IFR and that subject

exemption permit the application of rules less restrictive such as those established under

CFR 135.223 and CFR 121.619.

The economic impact to the public operationally and financially will be unquestionably

enhanced while preserving an acceptable level of safety and operational integrity.

G. None.

H. MWR is not requesting exemption for operations outside the United States.

End

20310 Chartwell Center Drive - Cornelius, North Carolina 28031