BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

) 

Petition of ) 

) 

C.A.L. -CARGO AIRLINES LIMITED ) Regulatory Docket No. FAA-2015-

) 

for an exemption from§ 61.77(a) ) 

ofthe Code ofFederal Regulations ) 

--------------------------- ) 

PETITION FOR EXEMPTION 

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 Pennsylvania Ave. NW, 12th Floor 

Washington D.C. 20006 

(202) 659-6622 

esahr@eckertseamans.com 

jlinde@eckertseamans.com 
BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

) 

Petition of ) 

) 

C.A.L. - CARGO AIRLINES LIMITED ) Regulatory Docket No. FAA-2015-

) 

for an exemption from§ 61.77(a) ) 

ofthe Code ofFederal Regulations ) 

_________________________ ) 

PETITION FOR EXEMPTION 

Pursuant to 49 U.S.C. § 44701(±) and Part 11 of Title 14 of the Code of Federal 

Regulations ("CFR"), C.A.L. -Cargo Airlines Ltd. ("CAL"), a Part 129 foreign all-cargo air 

carrier properly licensed by the Civil Aviation Authority of Israel, 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 

B747-400BCF1 aircraft in U.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 of storage 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 of the petition for exemption submitted on September 4, 2015 and currently pending in docket FAA-2015-

3898-0001. 
2. CAL flight crew will perform a test flight subsequent to the completion of 

maintenance at Victorville, CA; the test flight is intended to check the aircraft and its 

systems and confirm the 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, in pertinent part, that the holder of a foreign pilot license 

issued by a contracting State to the Convention on International Civil Aviation who meets the 

requirements of § 61.77 may be issued a special purpose pilot authorization by the Administrator 

to carry persons or property for compensation or hire on a civil aircraft of U.S. registry that is 

leased to a person who is not a citizen of the United States.3 FAA has historically issued 

exemptions from § 61.77 to the extent the requested exemption was in the public interest, the 

operations conducted pursuant to 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 of test and ferry flights in connection with its acquisition and lease of a 

single B747-400BCF aircraft that will be registered in the United States prior to being ferried to 

Israel. None ofthe flights at issue will involve the carriage of persons or property for 

compensation or hire, and only essential flight crewmembers will be carried aboard the aircraft 

during the flights. 

3 FAA has regularly waived the requirement that exemptions from § 61.77 be granted only in connection with 

operations carrying persons or property for compensation or hire. See, e.g., FAA Exemption No. 6850, Regulatory 

Docket No. FAA-200 1-9924 (permitting pilots and flight engineers employed by Airbus to be eligible for the 

issuance of special purpose pilot and flight engineer authorizations for the purpose of performing 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 contrast to the 4,500 Boeing 737s and 6,394 Airbus A320 series aircraft in service 

today, Boeing estimates the total number of operational 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 of experience CAL's pilots have 

in the B747-BCF. On average, CAL's Captains have accumulated more than 15,000 total hours 

in all types of aircraft, approximately 7,000 hours in B747-200 series aircraft, and 900 hours in 

the B747-400 freighter aircraft (to include all subtypes); CAL's first officers average 7,000 hours 

of total time, 3,000 hours in 200-series 747 aircraft, and 900 hours in 747 freighters (to include 

all subtypes). 

CAL understands that pilots rated on the B747-400 are, as a technical and procedural matter, 

permitted to operate the B747-BCF. Nevertheless, this does not mean that a high-time B747-400 

pilot is likely to have operated the B747-BCF in real-world conditions or has been trained on the 

type's weight and balance profile or unique fire control system. In contrast, CAL's pilots have 

thousands of hours experience in the 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 positioned to operate a B747-BCF emerging from 

long-term storage and are best equipped to operate such a flight in the safest possible manner. 

CAL believes that issuance of an exemption authorizing its flight crew to operate the B747-

400BCF aircraft that is the subject ofthis request will ensure the highest level of safety possible. 

Furthermore, given Israel's unique and continuing security concerns, the most effective way to 

fully guarantee the security of its test and ferry flights is for CAL to operate the aircraft with its 
own flight crew. The FAA has previously concluded that such security concerns constitute a 

valid justification for the issuance of an exemption from§ 61.77 of its regulations. 

By way of example, 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 on U.S.-registered aircraft ... is justified considering the unique 

security concerns faced by the Country of Israel." 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 FAA to renew IAI' s exemption through 20 15) justify issuance of an exemption to 

CAL in the instant case. 

CAL notes that the exemption it seeks from § 61.77 is far narrower than the authorization 

FAA has repeatedly issued to IAI; while IAI' s exemption permits its pilots to operate any type of 

U.S.-registered aircraft for which they have been certificated by the Israeli CAAC, and IAI's 

exemption has 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 of flights in connection 

with the acquisition of a 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 of this petition for exemption be published in the Federal Register and that 

comments be considered before FAA takes action on this petition. CAL submits that the 

requested exemption is in the public interest and special considerations warrant the relief sought. 

1. This petition seeks relief nearly identical to that granted by FAA to IAI in 2004 and 

that FAA has renewed through 2015; 

2. Grant of this petition would have zero impact on aviation safety; 

3. Publication in the Federal Register could impact the security of CAL's proposed 

demonstration, acceptance, and ferry flights; 
4. Delay in acting on this 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 best by prompt action on this 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 crew to operate test and ferry flights of a 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, 12th Floor 

Washington D.C. 20006 

(202) 659-6622 

esahr@eckertseamans.com 

jlinde@eckertseamans.com