BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. ) Petition of ) ) C.A.L. -CARGO AIRLINES LIMITED ) Regulatory DocketNo. FAA-2015- ) for an exemption from§ 61.77(a) ) ofthe Code ofFederal Regulations )

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PETITION FOREXEMPTION Communications with respect to this petition should be addressed to:

November 6, 2015 

### Evelyn D. Sahr Jonathan T. Linde ECKERT SEAMANS CHERIN & 

### MELLOTT, LLC 1717 PennsylvaniaAve. NW, 12thFloor Washington D.C. 20006 (202) 659-6622 esahr@eckertseamans.com jlinde@eckertseamans.comBEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. ) Petition of ) ) C.A.L.

- CARGO AIRLINES LIMITED ) Regulatory DocketNo. FAA-2015- ) for an exemptionfrom§ 61.77(a) ) ofthe Code ofFederal Regulations )

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PETITION FOREXEMPTION

Pursuantto 49 U.S.C. § 44701(±) and Part 11 ofTitle 14 ofthe Code ofFederal Regulations ("CFR"), C.A.L. -Cargo Airlines Ltd. ("CAL"), a Part 129 foreign all-cargo air carrierproperly licensed bythe Civil Aviation Authority ofIsrael, requests that the Federal Aviation Administration ("FAA") grant it an exemption and issue CAL special purpose flights authorizations under 14 CFR § 61.77 that will permit CAL pilots to operate a single N-registered B747-400BCF 1 aircraft inU.S. airspace prior to acquiring the aircraft and ferrying it back to CAL's hub at TLV. 2 CAL currently plans to operate the test and ferry flights at issue as follows: 1. The aircraft will be taken out ofstorage at Marana, AZ, and once it has passed all applicable tests and checks, CAL flight crew will ferry the aircraft to Victorville, CA, for a C Check and other required maintenance.

1 CAL will update FAA with specific information on the aircraft's serial and U.S. registration numbers as soon as possible. 2 Note that the aircraft CAL proposes to operate in the instant application is distinct from the aircraft that is the subject ofthe petition for exemption submitted on September4, 2015 and currently pending in docket FAA-2015- 3898-0001.2. CAL flight crewwill perform a test flight subsequent to the completion of maintenance at Victorville, CA; the test flight is intended to checkthe aircraft and its systems and confirmthe aircraft performs as represented following its C Check. 3. Once the appropriate paperwork is obtained, CAL aircrew will ferry the aircraft to TLV.
Section 61.77(a) prescribes, inpertinentpart, that the holder ofa foreign pilot license issuedby a contracting State to the Convention onInternational Civil Aviation who meets the requirements of § 61.77 may be issued a special purpose pilot authorization bythe Administrator to carry persons orproperty for compensation or hire on a civil aircraft ofU.S. registry that is leased to a personwho is not a citizen ofthe United States.3 FAA has historically issued exemptions from § 61.77 to the extentthe requested exemptionwas inthe public interest, the operations conductedpursuantto the exemption would not adversely impact safety, and certain other special considerations existed (e.g., security concerns or a lack ofU.S.-certificated pilots available or qualified to fly the aircraft being operated). CAL intends to use its exemption from § 61.77 and its special purpose pilot authorizations to conduct a limited number oftest and ferry flights in connection with its acquisition and lease ofa single B747-400BCF aircraft that will be registered inthe United States prior to being ferried to Israel. None ofthe flights at issue will involve the carriage ofpersons or property for compensation orhire, and only essential flight crewmembers will be carried aboardthe aircraft during the flights.

3 FAA has regularly waivedthe requirement that exemptions from § 61.77 be granted only in connection with operations carrying persons orproperty for compensation orhire. See, e.g., FAAExemptionNo. 6850, Regulatory DocketNo. FAA-2001-9924 (permitting pilots and flight engineers employedby Airbus to be eligible for the issuance ofspecialpurpose pilot and flight engineer authorizations for the purpose ofperforming delivery flights of U.S.-registered airplanes).CAL's Captains and First Officers are among the most experienced B747-400BCF pilots in the world. In contrastto the 4,500 Boeing 737s and 6,394 Airbus A320 series aircraft in service today, Boeing estimates the total number ofoperational 747 freighters at no more than 300. As a result, comparatively few commercial pilots are qualified to operate this specialized and relatively uncommon aircraft and even fewer possess the level ofexperience CAL's pilots have inthe B747-BCF. On average, CAL's Captains have accumulated more than 15,000 total hours in all types ofaircraft, approximately 7,000 hours inB747-200 series aircraft, and 900 hours in the B747-400 freighter aircraft (to include all subtypes); CAL's first officers average 7,000 hours oftotal time, 3,000 hours in 200-series 747 aircraft, and 900 hours in 747 freighters (to include all subtypes). CAL understands that pilots rated onthe B747-400 are, as a technical and procedural matter, permitted to operate the B747-BCF. Nevertheless, this does not meanthat a high-time B747-400 pilot is likely to have operated the B747-BCF inreal-world conditions orhas beentrained onthe type's weight and balance profile orunique fire control system. In contrast, CAL's pilots have thousands ofhours experience inthe B747-BCF, operate the aircraft type on a daily basis, have handled the aircraft in all weather conditions, and are intimately familiar with its emergency procedures; they are, consequently, uniquely positionedto operate a B747-BCF emerging from long-term storage and are best equipped to operate such a flight inthe safest possible manner. CAL believes that issuance ofan exemption authorizing its flight crewto operate the B747- 400BCF aircraft that is the subject ofthis request will ensure the highest level ofsafety possible. Furthermore, given Israel's unique and continuing security concerns, the most effective way to fully guarantee the security ofits test and ferry flights is for CALto operate the aircraft with itsown flight crew. The FAAhas previously concluded that such security concerns constitute a validjustification for the issuance ofan exemption from§ 61.77 ofits regulations. Byway ofexample, in its 2004 decision exempting Israel Aerospace Industries Ltd. ("IAI'') from§ 61.77, FAA explained that "Israel Aircraft Industries' position for requesting special purpose pilot authorizations for its pilots to perform ferry/delivery flights and demonstration/acceptance flights onU.S.-registered aircraft

... isjustified considering the unique security concerns faced bythe Country ofIsrael." As an Israeli carrier, CAL believes that the security considerations central to the FAA's decision to exempt IAI from § 61.77 in 2004 (and that have led FAAto renew IAI's exemptionthrough 20 15)justifyissuance ofan exemptionto CAL inthe instant case. CAL notes that the exemption it seeks from § 61.77 is far narrower than the authorization FAAhas repeatedly issuedto IAI; while IAI's exemptionpermits its pilotsto operate any type of U.S.-registered aircraft for which they have been certificatedby the Israeli CAAC, and IAI's exemptionhas been in effect for approximately eleven years, CAL is requesting an exemption from § 61.77 that would authorize its pilots to operate a limited number offlights in connection withthe acquisition ofa single B 7 4 7-400BCF aircraft. Pursuant to 14 CFR § 11.87, CAL requests a waiver from the requirement in Section 11.85 that a summary ofthis petition for exemptionbe published inthe Federal Register and that comments be considered before FAAtakes action onthis petition. CAL submits that the requested exemption is inthe public interest and special considerations warrant the reliefsought. 1. This petition seeks reliefnearly identical to that granted by FAA to IAI in 2004 and that FAAhas renewed through 2015; 2. Grant ofthis petition would have zero impact on aviation safety; 3. Publication inthe Federal Register could impactthe security ofCAL'sproposed demonstration, acceptance, and ferry flights;4. Delay in acting onthis petition would compromise CAL's ability to schedule flight crew for the demonstration, acceptance, and ferry flights addressed herein; 5. The public interest would be served bestbyprompt action onthis petition. WHEREFORE, for the foregoing reasons, CAL Cargo Airlines Ltd. respectfully requests that the FAA exempt it from 14 CPR § 61.77 and issue to it special purpose flight authorizations permitting CAL flight crewto operate test and ferry flights ofa single U.S.-registered B747- 400BCF in late March 2016.**~** e ynD. Sahr Jonathan T. Linde ECKERT SEAMANS CHERIN & MELLOTT, LLC 1717 Pennsylvania Ave. NW, 12thFloor Washington D.C. 20006 (202) 659-6622 esahr@eckertseamans.com jlinde@eckertseamans.com