BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

AIRTANKER SERVICES LTD. ("ATrS") 

AMENDED PETITION FOR TEMPORARY 

EXEMPTION FROM 14 C.F.R. 382.63 

Docket No.: DOT-OST-2015-0063 

AMENDED PETITION OF AIRTANKER SERVICES LTD. ("ATrS") 

FOR TEMPORARY EXEMPTION FROM 14 C.F.R. § 382.63 

Communications concerning this document should be addressed to: 

Charlotte Harrison 

Senior Commercial Manager 

AirTanker Services Limited 

AirTanker Hub, RAF Brize Norton 

Carterton, Oxfordshire OX18 3LX 

Dated: April 1, 2015 

Anthony U. Battista 

CONDON & FORSYTH LLP 

7 Times Square 

181

h Floor 

New York, New York 10036 

(212) 894-6892 

Counsel to AirTanker Services Limited 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

AIRTANKER SERVICES LTD. ("ATrS") 

AMENDED PETITION FOR TEMPORARY 

EXEMPTION FROM 14 C.F.R. 382.63 

Docket No.: DOT-OST-2015-0063 

AMENDED PETITION OF AIRTANKER SERVICES LTD. ("ATrS") 

FOR TEMPORARY EXEMPTION FROM 14 C.F.R. § 382.63 

On January 12, 2015 AirTanker Services Limited ("ATS") submitted an application 

under Docket Number: DOT-OST-2015-024 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 1, 2015. ATS received authority on 

this application from the Department of Transportation ("DOT") on March 25, 2015 which will 

expire on December 1, 2015. 

ATS respectfully submits this Petition pursuant to 49 U.S.C. § 40109 requesting the DOT 

to grant a temporary exemption from 14 C.F.R. § 382.63 applicable to an A330-243 aircraft with 

serial number MSN1498 effective May 1, 2015 through November 1, 2015. In support of this 

request, A TS states the following: 

1. On February 27, 2008, ATS ordered an Airbus A330-243 with serial number 

MSN1498. On February 6, 2015, ATS took delivery of the aircraft which had not 
previously been equipped with an accessible lavatory pursuant to 14 C.F.R. § 382.63 as it 

was used as an air to air refueling tanker. 

2. 14 C.F.R. § 382.63 requires an aircraft with more than one aisle in which 

lavatories are provided shall include 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 A TS 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 ofthe 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 A330-243 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.F.R. § 382. 

6. ATS is requesting a temporary exemption from 14 C.F.R. § 382.63 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. A TS is working toward full compliance of all the provisions of 

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

2 
every attempt to have the subject aircraft retrofitted with an accessible lavatory before 

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

approvals from Diehl and Airbus SAS. 

8. In order to minimize any affect on public safety and pursuant to 14 C.F.R. 

§382.41, 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. 

9. It is in the public interest to approve this exemption as consumers will benefit by 

the increased competition and service (1) from each of Glasgow, Manchester and 

Stansted to each of Las Vegas, and Orlando; and, (2) from Manchester to each of Miami 

and New York (JFK). 

WHEREFORE, AirTanker Services Limited respectfully requests the DOT to 

grant a temporary six (6) month exemption from 14 C.F.R. § 382.63 applicable to aircraft 

serial number MSN1498 from May 1, 2015 to November 1, 2015 and grant any further 

reliefthe DOT seems necessary and proper. 

DATED: April 1, 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 

3 
AirTanker Services Ltd 

The Hub 

RAF Brize Norton 

Oxfords hire 

OX18 3LX 

UNITED KINGDOM 

Contact: Paul Apperley 

TEL: +441993873113 

Supplier: 

Company 

Diehl Comfort Modules GmbH 

Hein-Sass-Weg 41 

D-21129 HAMBURG 

Deliver To: 

AirTanker Services Ltd 

The Hub 

OX18 3LX 

UNITED KINGDOM 

Header Text 

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AirTanker 

PO number/date 4500005466 I 07.01.2015 

Our VAT Registration No. GB918379682 

Order Currency EUR 

THIS PURCHASE ORDER IS TO REPLACE PO 4500005308 

Diehl to provide AirTanker with a Disabled Lavatory 8254-90231-054-00, for installation in the A330 L53 position, 

complete with appropriate Airbus approvals for installation & associated Diehl supporting documentation, without any 

further validation being required by SWS Certification. 

DCM have explained in a written form and during a number telephone conferences that the lavatory will be delivered 

as qualified for ARG01-1623, incl. EASA Form One with Approved Design Data. 

If you install the lav. at a different location, even when it is still the L53, the lavatory certification is no longer 

applicable. Further, the lav. will not fit. At least a new upper attachment and new hoses and tubes to connect the lav. 

to the aircraft interfaces will be needed. 

Page 1 of 3 
;x"' AirTanker 

DCM is subcontracted to manufacture the existing lavatory G254-90231-054-00. Any adaption is not part of the 

existing agreement. 

SWS confirmed during our telco that the lavatory will be installed at the exact L53 location as it is certified for 

(MSN1623). No further adjustment and certification work is necessary to install the lav. in the MSN 1498. 

If any further support from DCM is expected, this will be part of a further agreement. 

Diehl to provide an Airbus Approved DDP (including Flam Reports) and SADD when available in Feb 2015. 

In Summary, Diehl will provide:-

1.A Stress substantiation report. 

2.CMM. 

3.DDP 

4.SADD 

Post-delivery scope of work there after required from AirTanker: 

Trim & Finish 

Delivery without outside Decor 

Terms and Conditions: 

The Supplier is to include AirTanker Services Limited Purchase Order Number on all invoice and advice/delivery 

Page 2 of 3 
~....._ 

AirTanker 

documents relating to the Purchase Order. 

Unless otherwise specified on this Purchase Order, AirTanker Services Standard Terms and Conditions apply. 

Page 3 of 3 
AIRBUS A330-200 

320 PASSENGERS 

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