AFS-11-421-E September 13, 2011

Exemption No. 10359 Regulatory Docket No. FAA-2011-0877

Mr. Michael P. McCullough Assistant Director of Operations Jet Charter, Inc. 169 Ramapo Valley Road Oakland, NJ 07436

Dear Mr. McCullough:

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 August 9, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Jet Charter, Inc. (Jet Charter), for an exemption from § 135.225(f) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Jet Charter to make instrument flight rules (IFR) takeoffs with less than 1 mile visibility and approaches and landings with less than 1⁄2 mile visibility at military and foreign airports.

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 Jet Charter.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10280 (copy enclosed), the FAA found it in the public interest to permit Richmor Aviation, Inc., to make IFR takeoffs from foreign and military airports when the visibility is less than 1 mile and make instrument approaches and landings when the visibility is less than 1⁄2 mile, subject to certain conditions2

and limitations. Additionally, the FAA found that a level of safety equivalent to that provided by the current regulations could be maintained. Weather minimums for aircraft operating under part 135 are prescribed in §§ 91.175 and 135.225. Section 91.175 is applicable to both U.S. and foreign airports, and while it prescribes specific minimums, it allows for operations at lower minimums when authorized by the Administrator through operations specifications. Section 135.225(f) restricts a pilot operating unde r part 135 from making a takeoff at any foreign civil airport when the visibility is less than 1 mile. Therefore, takeoffs with less than 1 mile visibility at these foreign civil airports cannot be authorized through operations specifications.

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. 10280;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10280 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 Jet Charter, Inc., an exemption from 14 CFR § 135.225(f) to the extent necessary to make IFR takeoffs from foreign and military airports when the visibility is less than 1 mile and IFR approaches and landings when the visibility is less than 1⁄2 mile, subject to the conditions and limitations described below.

Conditions and Limitations

1. The operator must have and comply with Operations Specification C079.

2. Airports at which the operator intends to use the provisions of this exemption must have approach procedures that were developed in accordance with U.S. Terminal

Instrument Procedures or International Civil Aviation Organization Procedures for Air Navigation Services-Aircraft Operations criteria.

This exemption terminates on September 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosure