### 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) of the Code of Federal Regulations

0 

### : ,. . 1 ; , ,, 

### Communications with respect to this petition should be addressed to:

Jonathan T. Linde



### September 4, 2015BEFORE 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) of the Code of Federal Regulations

~ ~ 

## • • ; ~ 

## .
Pursuant to 49 U.S.C. § 44701(f) 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 flight authorizations under 14 CFR § 61.77 that will permit CAL pilots to operate two N-registered B747-400F aircraft in U.S. airspace prior to acquiring the aircraft and ferrying them back to CAL's hub at LGG. CAL currently plans to operate the ferry and demonstration flights at issue as follows:
1. Ferry flight from Marana, AZ (MZJ) to Southern California Logistics Airport, Victorville, CA (VCV) with first of two B747-400BCF. Where is A/C identifications mid-November? 2. Demonstration and acceptance flight of first of two B747-400BCF at VCV, midDecember. 3. Ferry flight of the second B747-400BCF from MZJ to VCV, mid-Apri12016.4. Demonstration and acceptance flight of second B747-400BCF aircraft at VCV, midApri12016. 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. l 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 of U.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 demonstration, acceptance, and ferry flights in connection with its acquisition and lease of two B747-400F aircraft that will be registered in the United States prior to being ferried to Israel. None of the 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. CAL's Captains and First Officers are among the most experienced 747 freighter 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

1 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-2001-9924 (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).relatively uncommon aircraft and even fewer possess the level of experience CAL's pilots have

in the 747F. 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 B747-400F; CAL's frst officers average 7,000 hours of total time, 3,000 hours in 200-series 747 aircraft, and 900 hours in the 400-series 747 freighter. Consequently, CAL believes that issuance of an exemption authorizing its flight crew to operate the two B747-400F aircraft that are the subject of this 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 demonstration, acceptance, 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 2015) 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 wouldauthorize its pilots to operate a limited number of flights in connection with its acquisition of two

747 Freighter 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; Publication in the Federal Register could impact the security of CAL's proposed demonstration, acceptance, and ferry flights. 4. Delay in act@ 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 CFR § 61.77 and issue to it special purpose flight authorizations permitting CAL flight crew to operate demonstration, acceptance, and ferry flights of two U.S.- registered B747-400F aircraft.

CHERIN & MELLOTT, LLC 1717 Pennsylvania Ave. NW, 12th Floor Washington D.C. 20006 (202)659-6622 jlinde@eckertseamans.com