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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

I n the Matter of:

Docket No.:

AIRTANKER SERVICES LTD. ("ATrS")

PETITION FOR TEMPORARY

EXEMPTION FROM 14 C.F.R. 382.21(a)(3)

PETITION OF AIRTANKER SERVICES LTD. ("ATrS")

FOR TEMPORARY EXEMPTION FROM 14 C.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 & FORSYTH LLP CONDON & FORSYTH LLP 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 14 C.F.R. 382.21(a)(3)

---------_._._- --_._-

PETITION OF AIRTANKER SERVICES LTD. ("ATrS")

FOR TEMPORARY EXEMPTION FROM 14 C.F.R. ~ 382.21 (a)(3)

On January 12, 2015 AirTanker Services Limited (UATS") 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 a temporary exempti~n from 14 C.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 14 C.F.R. ~ 382.21 (a)(3) as it 'was used as an airto air refueling tanker.
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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, by means of the aircraft's on-board wheelchair.

3. On January 7, 2015 ATS purchased one lavatory from Diehl Comfort Modules

GmbH ("Diehl"). It was anticipated that this lavatory will be installed in the L53 position

Gust forward of door L3 on the left hand side of the aircraft). Attached is a copy of the

purchase order and schematic of the subject aircraft.

4. After the purchase it was informed by the manufacturers that this installation of

this lavatory has never before been completed on an Airbus A330-200 aircraft.

5. ATS is therefore currently awaiting documentation and approval from both the

manufacturer of the toilet assembly, Diehl, as well as Airbus SAS prior to the installation.

ATS has impressed upon said manufacturer's the importance of expediting such

approvals to bring the aircraft into compliance with 14 C.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 compl iance of all the provisions of

14 C.P.R. 9 382; however has been met with a hurdle beyond its control. ATS will make

every attempt to have the subject aircraft retrofitted with an accessible lavatory before

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November 1, 2015 but firmly believes it will take the requested time to obtain the proper

approvals from Diehl and Airbus 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 if the passenger does not explicitly request this information.

WHEREFORE, AirTanker Services Limited respectfully requests the DOT to

grant a temporary six (6) month exemption from 14 C.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 the DOT seems necessary and proper.

DATED: March 19,2015

Respectfully submitted,

By _

Anthony U. Battista

CONDON & FORSYTH LLP

7 Times Square

18th Floor

New York, New York 10036

Counsel for AirTanker Services Limited

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