AFS

- 14

- 298

- E December 8, 2014

Exemption No. 11119 Regulatory Docket No. FAA

- 2014

- 0360

Mr. David Carrizo Director of Operations Key Lime Air Corporation

13252 E. Control Tower Road Englewood, CO 80112

Dear Mr. Carrizo :

This letter is to inform you that we have denied your petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated May 28, 2014 , you petitioned the Fed eral Aviation Administration (FAA) on

behalf of Key Lime Air Corporation (Key Lime ) for an exemption from § 121.436(a)(3) of

Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Key Lime pilots to count flight time accrued as a p ilot in command ( PIC ) of a turbo prop airplane in

14 CFR part 135 cargo operations toward the requirement of 1,000 hours of air carrier experience to serve as a part 121 PIC

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because this is not a precedent

- setting petition , and any delay in acting

on this petition would be detrimental to Key Lime

.

The FAA issued a denial of exemption in circumstances similar in all material respects to

those presented in your petit ion. The petitioner was seeking the same relief for its PICs in its part 135 turbojet cargo operation. In Denial of Exemption No

. 11074 (copy enclosed), the

FAA found that

, after reviewing all relevant information provided by the pe titioner, a grant of exemption from § 121.436(a)(3) would not be in the public interest

. The FAA note d in the2

denial that operations under § 91.1053(a)(2)(i) or § 1 35.243(a)(1) require an Airline Transport Pilot ( ATP ) certificate, are multicrew operations

, generally use turbine aircraft, and therefore, are the most comparable to part 121 operations. For these reasons, the FAA has allowed flight time accrued in these operations to count towards the requirement for a pilot to have 1,000

hours of air carrier experience prior to serving as a part 121 PIC.

As is the case with the part 135 turbojet cargo operations, t urboprop pilots in part 135 cargo operations are also not required to hold an ATP certificate, therefore the time accrued in such operations does n ot count toward the requirements of § 121.436(a)(3). In addition, a significant portion of Key Lime ’s supporting information center ed on its ability to attract and retain pilo ts for its operations , to which it was indicated Key Lime has difficulty with pil ot
retention. The FAA found this to be a private interest argument focusing on a personal monetary benefit and is not public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• they do no t differ materially from those presente d by the petition er in the enclosed Denial

of E xemption No. 11074 ;

• the reasons stated by the FAA for denying the enclosed Denial of Exemption No. 11074 also apply to the situation you present; and

• a grant of exemption would no t be in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby deny the petition of Key Lime Air Corporation for an exemption

from 14 CFR § 121

. 436(a)(3)

.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standard Service

Enclosure