12123704482 CONDON & FORSYTH LLP CONDON & FORSYTH LLP 03:43:27 p.m. 03-19-2015 2/5

BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Inthe Matter of: Docket No.: AIRTANKER SERVICES LTD. ("ATrS") PETITION FOR TEMPORARY EXEMPTION FROM 14C.F.R. 382.21(a)(3)

PETITION OF AIRTANKER SERVICES LTD. ("ATrS") FOR TEMPORARY EXEMPTION FROM 14C.F.R. ~382.21(a)(3)
Communications concerning this document should be addressed to: 

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Charlotte Harrison Senior Commercial Manager. AirTanker Services Limited AirTanker Hub, RAF Brize Norton Carterton,Oxfordshire OXI83LX

Dated: March 19, 2015 Anthony U. Battista CONDON & FORSYTH LLP 7 Times Square 18th Floor New York, New York 10036 (212) 894-6892 Counsel to AirTanker Services Limited,21237044B2 . CONDON &FORSYTHLLP CONDON & FORSYTHLLP 03:43:5Bp.m. 03-19-2015 3/5

BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

In the Matter of: Docket No.: AIRTANKER SERVICES LTD. ("ATrS") PETITION FOR TEMPORARY EXEMPTION FROM 14C.F.R. 382.21(a)(3) 

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PETITION OF AIRTANKER SERVICES LTD. ("ATrS") FOR TEMPORARY EXEMPTION FROM 14C.F.R. ~382.21(a)(3)
On January 12, 2015 AirTanker Services Limited (UA TS") submitted an application for a Statement of Authorization for wet lease authority under 14 C.F.R. Part 212 for a wet lease to Thomas Cook Airlines from May 2015 to January 2018. The lease is proposed to commence on May I, 2015. ATS is currently awaiting the Department of Transportation's (UDOT") authority
on this application. ATS respectfully submits this Petition pursuant to 49 U.S.C. ~40109 requesting the DOT to grant atemporary exempti~n from 14C.F.R. ~382.21(a)(3) applicable to an A300-200 aircraft with serial number MSNI498 effective May 1,2015 through November I, 2015. In support of this request, ATS states the following: I.' In February 2015, ATS took delivery of an Airbus A300-200 serial number MSNI498 which had not previously been equipped with an accessible lavatory pursuant to 14C.F.R. ~382.21 (a)(3) as it'wasused as an airto air refueling tanker.12123704482 CONDON & FORSYTH LLP CONDON & FORSYTH LLP 03:44:1Sp.m. 03-19-2015 4/5

2. 14 C.P.R. 

## S 382.21(a)(3) requires an aircraft with more than one aisle in which lavatories are provided shall inelude at least one accessible lavatory. This lavatory shall permit a qualified individual with a disability to enter. maneuver within as necessary to use all lavatory facilities, and leave, bymeans ofthe aircraft's on-board wheelchair. 3. On January 7, 2015 ATS purchased one lavatory from Diehl Comfort Modules GmbH ("Diehl"). Itwas anticipated that this lavatory will be installed inthe L53position Gustforward ofdoor L3 on the lefthand side ofthe aircraft). Attached is a copy ofthe purchase order and schematic ofthe subject aircraft. 4. After the purchase itwas informed by the manufacturers that this installation of this lavatory has never before been completed on anAirbus A330-200 aircraft. 5. ATS is therefore currently awaiting documentation and approval from both the manufacturer ofthetoilet assembly, Diehl, as well asAirbus SAS prior totheinstallation. ATS has impressed upon said manufacturer's the importance of expediting such approvals to bring the aircraft into compliance with 14C.P.R. 

## 9 382. 6. ATS is requesting a temporary exemption from 14 C.P.R. 

## 9 382.21(a)(3) for a period of up to six (6) months in order to obtain the necessary documentation and approval from Diehl and Airbus SAS. As soon as such documentation is obtained. ATS will promptly complete the installation and notify the DOT in writing to revoke this exemption. 7. ATS is committed to the carriage of passengers with disabilities in a safe, nondiscriminatory manner. ATS is working toward full compliance of all the provisions of 14C.P.R. 

## 9 382; however has been met with ahurdle beyond itscontrol. ATS willmake every attempt to have the subject aircraft retrofitted with an accessible lavatory before
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November 1,2015 but firmly believes itwill take the requested time to obtain theproper approvals from Diehl andAirbus SAS. 8. Pursuant to 14 C.F.R. ~382.45(a)(2) and (4), ATS will make this temporary limitation known to all passengers who state that he or she uses a wheelchair for boarding, even ifthe passenger does notexplicitly request this information. WHEREFORE, AirTanker Services Limited respectfully requests the DOT to grant a temporary six (6) month exemption from 14C.F.R. ~ 382.21(a)(3) applicable to aircraft serial number MSNI498 from May I, 2015 to November 1,2015 and grant any further relief theDOT seems necessary andproper. DATED: March 19,2015 Respectfully submitted, By

_ Anthony U. Battista CONDON &FORSYTH LLP 7Times Square 18thFloor New York, New York 10036 Counsel forAirTanker Services Limited

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