03/03/2010 11:38 2022675075 OFFICE OF RULEMAKING PAGE 01 

ExcsVence 

Jhrough 

Experience 

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January 29, 2010 •^ . ..t^yT)-^^? ^ 

Mr. Rick Parrottino, Supervisor riWVvnTin^miffYT' 

Federa Federall Aviatio Aviationn Administratio Administrationn iy,l«)J^2|]^3TQ^[r) I 

Nashville FSDO 

2 International Plaza, Suite 700 

Nashville, TN 37217 

RE: Exemption Petition to operate Jetstream 4100 Series aircraft under 14 CFR 121 

Supplemental. 

Mr. Pan-ottino: 

Please find our petition for Exemption for relief from 14 CFR Part 119.21 (a) (3) attached. The 

petition has been prepared in accordance with 14 CFR Part 11, Procedure Rules, for relief from 

the regulations which determine which passenger seating configurations and payload capacities 

are eligible for operation specifications under Parts 121, 125, or 135. It is our intent to operate 

the Jetstream 4100 Series aircraft configured for 29 and 30 passengers under 14 CFR Part 121 

Supplemental. 

This petition is being submitted upon the request of ACE-230. Additionally, Central Region 

Regional Office request that "Once [we] have the petition for the exemption completed please 

submit rt to the Nashville FSDO who will review it and forward it the Central Region Regional 

Office. The Regional Office will review it and fonvard it to FAA Headquarters in Washington for 

approval." 

Mr. Ross Elmore has appointed Lee C. Magnuson (Lee.MaQnuson(atfaa.govl of ACE-230 as the 

agent for processing. Mr. Magnuson has been in contact with Mr Tomlinson concerning the 

petition preparation and filing process. As you are aware, this regulatory issue has been under 

advisement for some time. Your effort to expedite the handling of this petition is appreciated. If 

you have any additional request or questions concerning this petition, please contact our liaison, 

Tim Tomlinson. 

Sincere,lyr->^ 

Dwayne McMurry, Director of Operations 

Corporate Flight Management, Inc. 

www.flycfm.com 

625 Fitzhugh Boulevard • Smyrna. Tennessee 37167 

Phone (613)220-1761 • Toll Free (877) 459-8100 • Fax (615) 220-1769 
03/03/2010 11:38 2022675075 OFFICE OF RULEMAKING PAGE 02 

ExcGllsnce 

through 

Experience 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590. 

January 15,2010 

RE; Petition for Exemption from 14CFR Part 119.21(a)(3) "Supplemental" 

Corporate Flight Management, a Tennessee Corporation, petitions the Federal Aviation Administration 

for exemption from 14 CFR Part 119.21 (a)(3) Supplemental operations, by relief from the definition of 

14 CFR Part 119.3 Supplemental operation, to include airplanes having a (i) passenger-seat configuration 

of more than 30 seats, excluding each crewmember seat; or (ii) a payload capacity of more than 7500 

pounds. Paragraph (iii) describes "Each propeller-powered airplane having e passenger-seat conSguration or 

more than 9 seats ana less than 31 seats, axdudlng each crewmember seat, that la also used in domestic or flag 

operations and that is so listed in the operations specifications as required by §119.49(a)(4) f6r those operaVons.' 

This petition is made in accordance with 14 CFR Parts 11.15,11.63,11.81 and 11.83 which provides 

information as follows: 

• A description of each person or aircraft to be covered by the exemption 

Corporate Flight Management, Inc. (the petitioner, hereinafter referred to as CFM) holder of Air Carrier 

certificate FJTA920D, currently conducts On-demand Charter operations under Title 14 CFR Part 135 in 

accordance wrth 14 CFR 119.21(a)(5). CFM has made application to operate the British Aerospace 

Jetstream Series 4100 (hereinafter referred to asthe J41 aircraft) a 30 passenger, twin engine, turbopropeller aircraft for non-scheduled passenger operations under 14 CFR part 121 Supplemental 

Operations. 

• The nature and extent of the requested regulatory relief; 

CFM has made application as a 14CFR Part 121 Supplemental Air Carrier with the above mentioned 

aircraft. The J41 is (FAA) certificated for 30 passenger seats, excluding any crewmember seats with a 

payload capacity of approximately 7100 pounds. While the aircraft meets the definition for On-demand 

operations under Part 119.3 On-demand (l)(i), and the definition of Part 119.3 Domestic or Flag 

Operations, the J41 aircraft, commonly configured for 29 and 30 passenger seats, would be excluded 

from being operated under Part 121 Supplemental {unless also operated as Scheduled Domestic or Flag 

air carrier). As a petitioner, CFM request relief from the definition 119.3 Supplemental from "more than 

30 seat "aircraft; or a payload capacity of "more than 7500 pounds," whereas facilitating the air carrier's 

application for 14CFR Part 121 Supplemental operations using 29 and 30 passenger seat aircraft. CFM 

request authorization to operate 29 and 30 passenger seat aircraft under 14CFR Part 121 Supplemental 

(a) (3) as defined by Part 119.3 (l)(iii) Supplemental operation and permitted by 14CFR 119.21 (c). 

• The reasons why a grant of exemption would be in the public interest; 

As a new 14 CFR Part 121 applicant, CFM must meet safet/ management system criteria by satisfying 

the stringent Airline Transport Oversight System (ATOS) safety attributes to achieve the highest level of 

safety. Conversely, a request to operate the aforementioned aircraft under 14CFR Part 135 would not 

require any additional safety designs to the existing Part 135 organization. 

, www.flycfm.com , 

625 FItzhugh Boulevard - Smymii, Tennessee 37167 

Phone (615)220-1761 • Toll Free (B77) 459-8100 - Fax (615) 220-1769 
03/03/2010 11:38 2022675075 OFFICE OF RULEMAKING PAGE 03 

As an air carrier applicant, under Part 121 conforming to a safety management system design, CFM 

provides ATOS a structure for the tools used to collect data concerning hazard identification and risk 

management. The FAA oversight can make informed judgments about the design of the operating 

systems during the approval process and continuing during recurring assessments. Properly designed 

systems control hazards by eliminating or mitigating associated n'sks before they result in accidents or 

incidents. In an operational context, air carriers fulfill their duties to provide service with the highest 

degree of safety in the public interest by designing their operating systems to manage hazard-related 

risks in their operating environments. Only Part 121 Air Carriers are provided independent assessments 

accomplished by ATOS during application and subsequent recurring assessments. 

• Any information, views, or arguments to support the action sought; 

Operations conducted under 14 CFR Part 121 are performed as mandated by 49 U.S.C. subtitle Vll, 

chapter 447 at "the highest possible degree of safety in the public Interest..." To authorize persons that 

are otherwise required to conduct On-demand operations under Part 135 to instead serve as a direct air 

carrier under Part 121 Supplemental operations under would be in the upmost public interest by 

demonstrating and achieving the highest level of safety. 

• The rule requirement from which exemption is sought; 

14 CFR Part 119.3 Doflnldons, DomesOc opetBiion means any scheduled operation conducted by any person 

operating any airplane described in paragraph (1) of this definition at iocationB described in paragraph! ^ ) of this 

definition: 

(1) Airplanes: 

(I) Turbojet-poiwered airplanes; 

(ii) Airplanes having a passenger-seat configuration of more than 9 passenger seats, excluding each 

crewmember seat: or 

(iii) Airplanes having a payload capacity of more than 7,500 pounds. 

(2) Locations: 

(0 Between any points within the 46 contiguous States of the UnKed States or the District of Columbia; or 

(ii) Operations solely within the 48 contiguous States of the United States or the District of Columbia: or 

(iii) Operations entirely within any State, tenltory, or possession of the United States; or 

(iv) When specifically authorized by the Administrator, operations between any point within the 48 contiguous 

States of the United States or the District of Columbia and any specifically authorized point located outside the 

46 contiguous States of the United States or the District of Columbia. 

14 CFR Part 119.3 D«flnltfons, Flag operation means any scheduled operation conducted by any person operating 

any aiiplane desaibed in paragraph (1) of this definition at the locations described in paragraph (2) of this definition: 

(1) Airplanes: 

(i) Turbojet-powered airplanes; 

(II) Airplanes having a passenger-seat configuration of more than 9 passenger seats, excluding each 

crewmember seat: or 

(iii) Airplanes having a payload capacity of more than 7,500 pounds. 

(2) Locations: 

(i) Betiween any point within the State of Alaska or the State of Hawaii or any tenitory or possession of the United 

States and any point outside the State of Alaska or the State of IHawall or any ten-ltory or possession of the 

United States, respectively; or 

(il) Between any point within the 48 contiguous States of the United States or the District of Columbia and any 

point outside the 48 contiguous States of the United States and the District of Columbia, 

(iii) Between any point outside the U.S. and another point outside the U.S. 

14 CFR Part 119.3 D*fintt(one, Suppfemwttal operation means any common carriage operation for compensation 

or hire conducted with any airplane described in paragraph (1) of this definitkin that is a type of operation described in 

paragraph (2) of this definition: 

CFM Exemption Petition 
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(1) Airplanes: 

(i) Airplanes having a passenger-seat configuration of more than 30 seats, excluding each crewmember seat; 

(ii) Airplanes having a payload capacity of more than 7,500 pounds; or 

(iii) Each propeller-powered airplane having a passenger-seat configuration of more than 9 seats and less than 

31 seats, excluding each crewmember seat, that is also used in domestic or flag operattons and that is so listed 

in xtm operations specifications as required by §119.49(a)(4) for those operations; or 

(iv) Each turbojet powered aiq>(ane having a passenger seat configuration of 1 or more and less than 31 seats, 

excluding each crewmember seat, that is also used in domestic or flag operations and that is so listed in the 

operations specifications as required by §119.49(a)(4) for those operations. 

14 CFR § 119.21 Commercial operators engaged In intrastate common carriage and direct air carriers. 

(a) Each pereon who conducts airplane operations as a commercial operator engaged in Intrastate common carriage 

of persons or property for compensation or hire In air commerce, or as a direct air carrier, shall comply with the 

certification and operations specifications requirements In subpart C of this part, and shall conduct its: 

(1) Domestic operations in accordance with the applicable requirements of part 121 of this chapter, and shall be 

issued operations specifications for those operations in accordance with those requirements. However, based on a 

showing of safety in air commerce, the Administrator may permit persons who conduct domestic operations between 

any point located within any of the following AJaslcan islands and any point in the State of Alaska to comply with the 

requirements applicable to flag operations contained In subpart U of part 121 of this chapter: 

(i) The Aleutian Islands. 

(ii) The Pribilof Islands. 

(iii) The Shumagin Islands. 

(2) Flag operations In accordance with the applicable requirements of part 121 of this chapter, and shall be issued 

operations specifications for those operations in accordance with those requirements. 

(3) Supplemental operations in accordance with the applicable requirements of part 121 of this chapter, and shall be 

issued operations spedflcations for those operations in accordance with those requirements. However, based on a 

determination of safety in air commerce, the Administrator may authorize or require thoie operafions to be conducted 

under paragraph (a)(1) or (a)(2) of this section. 

(4) Commuter operations in accordance with the applicable requirements of part 135 of this chapter, and shall be 

issued operations specifications for those operations in accordance with those requirements. 

(5) On-demand operations In accordance with the applicable requirements of part 135 of this chapter, and shall be 

issued operations spedflcations for those operations in accordance with those requiiements. 

(b) Persons who are subject to the requirements of paragraph (a)(4) of this section may conduct those operations In 

accordance with the requirements of paragraph (a)(1) or (a)(2) of this section, provided they obtain authorization from 

the Administrator. 

(c) Persons who are subject to the requirements of paragraph (a)(S) of this section may conduct those operations in 

accordance with the requirements of paragraph (a)(3) of this section, provided they obtain authorization from the 

Administrator. 

• A description of each person or aircraft to be covered by the exemption; 

Corporate Flight Management, Inc. holder o f Ai r Carrier certificate FJTA920D , in consideration of 

operating any aircraft configured for more than 20 passenger seats, excluding any crewmember seat; or 

a maximum payload capacity of more than 6000 pounds. 

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• The action to be taken by the petitioner to provide a level of safety equivalent to that 

provided by the rale from which exemption is sought or the reason why a grant of 

exemption would not adversely affect public safety. 

CFM will make application and may be granted authorization for air carrier operations under 14 CFR Part 

121 Supplemental xo operate all J41 aircraft listed on issued Operation Specifications and configured for 

more than 20 passengers, in accordance with 14 CFR 121 Supplemental regulations. 

FAA Order 8900.1 Flight Standards Information Management System (FSIMS), Volume 10 describes the 

Airilne Transport Oversight System (ATOS) as "FAA policy that provides safety controls." Under ATOS, 

the FAA's primary responsibilities are: (1) to verify that an air carrier is capable of operating safely and 

complies with the regulations and standards prescribed by the Administrator before issuing an air carrier 

operating certificate and before approving or accepting air carrier programs; (2) to re-verify that an air 

carrier continues to meet regulatory requirements when environmental changes occur by conducting 

periodic reviews; and (3) to continually validate the performance of an air carrier's approved and 

accepted programs for the purpose of continued operational safety. 

Primary Stakeholder and Beneficiary. The United States public is the primary stakeholder and 

beneficiary of ATOS. The FAA carries out its safety mission with due regard to its accountability to the 

public. The high level of safety required by statute is in the interest of the public. FAA employees 

involved in ATOS are responsible to determine on behalf of the public that air carriers can provide 

service with the highest possible degree of safety. 

Summary for the Federal Register 

(1) The rule from which you seek the exemption; and 

14CFR part 119.21 (a) (3) Supplemental operations 

(2) A brief description of the nature of the exemption you seek; 

Corporate Flight Management, Inc. petitions the granting of exemption for relief from 119.21 (a) (3) 

Supplemental operations, which specifies that operation specifications be issued under 14CFR Part 121 

for the operation as defined by 119.3 Supplemental '(1) Airplanes: Airplanes having a passenger-seat 

confrguration of more than 30 seats, excluding each crewmember seat; (ii) Airplanes having a payload capacity of 

more than 7,500 pounds; or OH) Each propeBer-pawerad airplane having a passenger-seat configuration of more than 

9 seats and less than 31 seats, excluding each crewmember seat, that is also used In domestic or flag operations 

and Oiat is so listed in the operaOons specifications as required by §119.49(e)(4) for ttiose operations;' 

* Whereas the petitioner request relief from 14CFR Part 119.21 (8)(3) by relief from the 

definitions of 119.3 Supplemental. The petitioner wishes to operate (i) airplanes having a 

passenger-seat configuration of more than 20 seats, excluding each crewmember seat; or (il) 

airplanes having a payload capacity of more than 6(X)0 pounds; or (iii) Each propeller-powered 

airplane having a passenger-seat configuration of more than 9 seats and less than 31 seats, 

excluding each crewmember seat, that is used in non-scheduled common carriage, that is so 

listed in the operations specifications as required by §119.49(b) for those operations; 

CFM Exemption Petition 
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• Whereas the petitioner ask for relief from this regulation by allowing the issuance of operation 

specifications under 14CFR Part 121 Supplemental as described by part 119.21 (a)(3) and 

permitted by Part 119.21 (c). 

Anvaddltlonal Information, vlews.or arguments available to support vour request; and 

The petitioner ask the FAA to altow the application for 14 CFR part 121 authorization to be processed 

with an aircraft that is FAA certified and configured for 29 and 30 passenger seats. While the FAA would 

authorize the petitioner to continue the certification process with an aircraft that would otherwise be 

defined as On-demand operations, to receive authorization to operate under 14CFR part 121 

Supplemental. The petitioner must meet all specific requirements to obtain an air carrier operating 

certificate and standards for conducting Part 121 Supplemental operations. 

If vou want to exercise the,prhrileges of vour exemption outside the United States, the reason whv 

vou need to do so. 

Corporate Plight Management request operations are authorized under this exemption for use outside 

the United States. As a supplemental air carrier, flights may be conducted within the authorized areas 

of en-route operations as specified by Operations Specifications B50. 

Concluding Remarks 

Corporate Flight Management, Inc. respectfully request your consideration of this petition for relief 

from 14CFR 119.21(a)(3) by allow the continuance of our Part 121 Supplemental certification application 

process. CFM is a large 135 charter operator with over ten different aircraft fleet types. We constitute a 

continual demand for FAA resources to evaluate flight operations, training and maintenance programs. 

The facilitation of our approval into the ATOS environment could provide the single most important step 

toward improving our organization safety designs and improving FAA oversight. We hope that you find 

favorably in our request. 

Sincerely, 

Dwayne McMurry, Director of Operations 

Corporate Flight Management/ inc. 

276 Doug Warpoole Drive 

Smyrna TN 37167 

615-220-1761 office 

615-220-1769 fax 

Dv>«vne .mcmurrv(g>flvcfm .com 

CFM Exemption Petition