### BEFORETHE DEPARTMENT OFTRANSPORTATION WASHINGTON,D.C.

IntheMatterof: AIRTANKERSERVICESLTD. ("ATrS") AMENDED PETITIONFORTEMPORARY EXEMPTIONFROM 14 C.F.R. 382.63 Docket No.: DOT-OST-2015-0063

AMENDED PETITIONOFAIRTANKERSERVICESLTD. ("ATrS") FORTEMPORARYEXEMPTIONFROM 14 C.F.R. §382.63 Communications concerningthis document shouldbe addressedto: Charlotte Harrison Senior Commercial Manager AirTanker Services Limited AirTankerHub, RAF BrizeNorton Carterton, Oxfordshire OX18 3LX

Dated: April 1, 2015 Anthony U. Battista CONDON & FORSYTH LLP 7 Times Square 181hFloor NewYork, NewYork 10036 (212) 894-6892 

### Counselto AirTankerServices LimitedBEFORETHE DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C.

In the Matterof: AIRTANKERSERVICESLTD. ("ATrS") AMENDEDPETITIONFORTEMPORARY EXEMPTIONFROM 14 C.F.R.382.63 DocketNo.: DOT-OST-2015-0063

AMENDEDPETITIONOFAIRTANKERSERVICES LTD. ("ATrS") FORTEMPORARYEXEMPTION 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 ofTransportation ("DOT") on March 25, 2015 which will expire on December 1, 2015. ATS respectfully submits this Petitionpursuantto 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 ofthis request, ATS 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 notpreviouslybeen equipped with an accessible lavatorypursuantto 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 ofthe aircraft's on-board wheelchair. 3. On January 7, 2015 ATS purchased one lavatory from Diehl Comfort Modules GmbH ("Diehl"). Itwas anticipatedthatthis lavatory will be installed in the L53 position Gust forward ofdoor L3 on the left hand side ofthe aircraft). Attached is a copy ofthe purchase order and schematic ofthe subject aircraft. 4. After the purchase it was informed by the manufacturers that this installation of this lavatory has neverbefore been completed on an Airbus A330-243 aircraft. 5. ATS is therefore currently awaiting documentation and approval from both the manufacturerofthe toilet assembly, Diehl, as well as Airbus SAS priorto 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 ofup to six (6) months in orderto 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 ofpassengers with disabilities in a safe, nondiscriminatory manner. ATS is working toward full compliance ofall the provisions of 14 C.F.R. § 382; howeverhas been met with a hurdle beyond its control. ATS will make
2every 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 andAirbus 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 ifthe passenger does not explicitlyrequest this information. 9. Itis in the public interestto approve this exemption as consumers will benefit by the increased competition and service (1) from each of Glasgow, Manchester and Stansted to each ofLas Vegas, and Orlando; and, (2) from Manchester to each ofMiami 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 NewYork, NewYork 10036 Counsel for AirTanker Services Limited 3AirTanker Services Ltd The Hub RAF Brize Norton Oxfordshire 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

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PO number/date 4500005466 I07.01.2015 OurVAT 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 thatthe lavatory will be delivered as qualified for ARG01-1623, incl. EASA Form One with Approved Design Data. Ifyou 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.
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DCM is subcontracted to manufacture the existing lavatory G254-90231-054-00. Any adaption is not part ofthe existing agreement. SWS confirmed during ourtelco that the lavatorywill 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. Ifanyfurther supportfrom DCM is expected, this will be part of afurther 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 ofwork there after required from AirTanker: Trim & Finish Delivery without outside Decor 

### Terms and Conditions: The Supplier is to include AirTanker Services Limited Purchase Order Numberon all invoice and advice/delivery

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

Page 3 of3AIRBUS A330-200
320 PASSENGERS y

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