JET AVIATION FLIGHT SERVICES, INC

.

Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support 112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 62 5 6 33 5 | www.jetaviation.com

Page 1 of 5 June 10 , 2011

Docket Management Facility US Department of Transportation 1200 New Jersey Avenue, SE West Building Ground Floor

Room W12

- 140 Washington, DC 20590

Submitted via Docket Management System

RE: Petition for Exemption fr om 14 CFR 135.225(f )(1)

References: 135.225(f); 121.651(f )

Dear Sir or madam:

Jet Aviation Flight Services Inc ., Air Carrier Certificate Number KKVA618M

, (hereafter referred

to as JAFS ) is requesting exemp tion f r o m the requirements of 14 CFR 135.225(f) relating to IFR: Takeoff, Approach and Landing Minimums at foreign and military airports. The primary contact in

this matter is:

Bernard Flashman

Director of Operations Jet Aviation Flight Services, Inc.

112 Charles A. Lindbergh Drive Teterboro, NJ 07608

P h o n e : 2 0 1

- 4 6 2

- 4 4 6 3

e m a i l : b e r n i e

_ f

l a s h m a n @ j e t a v i a t i o n

. c o m

PETITION FOR EXEMPTION

This Petition for Exemption (“Petition”) is submitted in accordance with 14 CFR 11 and seeks permanent relief from certain rules issued by the Federal Aviation Administration governing IFR takeoffs when the visibility is less than one (1) statute mile at foreign and military airports.JET AVIATION FLIGHT SERVICES, INC

.

Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support 112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 62 5 6 33 5 | www.jetaviation.com

Page 2 of 5 SCOPE

This petition request applies to all turbojet powered airplanes operated by Jet Aviation Flight Services, Inc. in accord ance with 14 CFR 135 (Part 135) and the applicable Operations Specifications.

Conditions and Limitations:

(1) Provisions of this exemption apply to the aircraft M/M/S listed in Table 1 , and all subsequently added M/M/S of turbojet/turbofan aircraft.

Aircraft M/M/S

BD

- 100

- 1A10 GA

- 200

- 200

BD

- 700

- 1A10 GA

- IV

- IV

BD

- 700

- 1A11 GA

- V

- V

CE

- 560

- 560XL G

- IV

- 450

CE

- 560

- ENCORE G

- 1159

DASSAUL T

- FALCON

- 50 LR

- 60

DASSAUL T

- FALCON

- 7X HS125/800XP

GA

- 200

- 200

Table 1

(2) Crews utilizing this exemption must have been trained and qualified to the

standards specified under part 121, subparts N and 0.

(3) Airports at which JAFS intends to utilize the provisions of this exemption must have had approach procedures developed in accordance with US. Terminal Instrument Procedures or InternationalCivil Aviation Organization Procedures for Air Navigation Services criteria.JET AVIATION FLIGHT SERVICES, INC

.

Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support 112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 62 5 6 33 5 | www.jetaviation.com

Page 3 of 5 SPECIFIC RELIEF REQUEST

JAFS is petitioning for an exemption to 14 CFR 135.225(f) (1) which currently contains the following language:

Each pilot making an IFR takeoff or approach and landing at a military of foreign airport shall comply with the applicable instru ment approach procedures and weather minimums prescribed by the authority having jurisdiction over the airport. In addition, no pilot may, at that airport

(1) Takeoff under IFR when the visibility is less than 1 mile; or (2) Make an instrument approach when the visibility is less than 1⁄2 mile

By Means of Notice N8900.38, with an Effective Date of 4/18/08 the FAA removed the authorization preciously contained in Operations Specification paragraph C079 that allowed lower

than standard takeoffs at foreign and military airports . Although no mention is made in N8900.38 of

a conflict with 135.225 (f) (formerly 135.225(e)) , this notice changed the header of Operations Specificatin C079 to read “US Civil Airports” for Part 135 Operations onl y, while allowing the header to retain the words “All Airports” for Part 121 and Part 91 Subpart K Operations.

The analagous rule in Part 121.651 (f) was revised in 1981 and incorporated the following language:

121.651(f) Unless othewise authorized in th e certificate holders operations

specifcations , each pilot making an IFR takeoff, approach, or landing at a foreign airport shall comply with the applicable instrument approach procedures and weather minimums prescribed by the authority having jurisdiction over the airport. (Bold and italic added by the petitioner.)

The preamble to that rule change contained the following comment:

Foreign Airports

Finally, a new 121.651(f) is added to requi r e a pilot making an IFR takeoff, approach, or landing

at a foreign airport to comply with the applicable instrument approach procedures and weather minimums prescribed by the authority having jurisdiciton over the airport, unless otherwise authorized in the certificate holders operations specifications. This ensur es that U.S. operators

com p ly w ith appropriate foreign governemnt regulations when conducting international operations. No specific comments were received on this section and it is adopted as proposed.JET AVIATION FLIGHT SERVICES, INC

.

Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support 112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 62 5 6 33 5 | www.jetaviation.com

Page 4 of 5 The visibility restrictions contained in 135.225(f) do not appear to be supported by any recognizable safety argument and is it not readil y possible to determine what the historical decision was to include this limitation. It seems safer and far more prudent for the certificate holder to abide by the regualtions applicable to the country and airport at which they are operating. JAFS is a reputable and IS

- BAO registered operator. Furthermore, the JAFS training program meets the standard set by Par t 121 Apendix N and O. Therefore , we believe JAFS sh ould be granted the same level of releif as 121 operators.

PUBLIC INTEREST

The current regulation results in flight delays that impact the public when engaging in foreign airport operations. This is particulary critical in the Eurpoean environment wher e departure reservations are the norm. In addition to passenger inconven ien ce and expense , such delays cause loss of revenue to the operator and create an economic disadvantage to operators who do not receive an exemption from this regulation.

EQUIVILANT SAFETY

JAFS Air Carrier Certificate KKVA618M is currenlty authorized to c o nduct takeoffs in weather minimums below Categor y I takeoff minimums for 14 CFR 135 airplane operations (Operations Specific ations C079, Table 1) down to 50 0 feet Runway Visual Range. In addition, Canadian Officials have issued Operations Specifications to JAFS allowin g the conduct of lower than standard Takeoff and Landing requirements down to 600 feet Runway Visual Range.

All crewmembers are training and e valuated under the JAFS FAA approved Training Program. The Lower than Standard Takeoff Minimums (500 RVR) training event is conducted in Initial New Hire, Upgrade, and Recurrent Curriculum Segments. Additionally, Jet Aviation Flight Service’s,

Global BD

- 70 0, G

- IV, G

- 450, and G

- V aircraft are equipped with a Heads Up Display. Flightcrews assigned to these aircraft are trained in use of the device which enhances situational awareness during low visibility takeoffs.

JAFS operates multiple large turbine powere d aircraft and is regulary audited by ARGUS, Wyvern, Executive Jet Management , and other large corporate flight departments . In addition, JAFS has an

IS

- BAO Registered Safety Managent S ystem (SMS). JAFS always assigns two (2) type rated pilots

to each fli ght operation. Granting the requested relief to JAFS will not cause any degradation in the safety of operations.JET AVIATION FLIGHT SERVICES, INC

.

Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support 112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 62 5 6 33 5 | www.jetaviation.com

Page 5 of 5 FEDERAL REGISTER PUBLICATION

The petitioner requests an exemption to allow Jet Aviation Flight Services, Inc. airplanes to make IFR takeoffs with less than 1 mile visibility and instrument approaches and landings with less than 1⁄2 mile visibility at military and foreign airports.

Jet Aviation Flight Sevices, Inc. requests a waiver of the 120

- d a y filing requirements and the publishing of a summary of the Petition on the Federal Register. Any delay in granting of this exemption request will needlessly encumber FAA resources and result in additional daly for relief

that has alread been granted to part 12 1 certificate holders.

Please fe el free to contact me should you require additional information

.

Respectfully submitted,

6/10/2011



# X Bernard Flashman

Bernard Flashman
Director of Operations