AFS-15-1190-E

Exemption No. 17147

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

SKY LEASE CARGO, Regulatory Docket No. FAA-2015-1012

 

for an exemption from §§ 91.9(a), 

91.1025(a), 121.135(a)(4), 

121.135(b)(21), and 121.141

of Title 14, Code of Federal 

Regulations (14 CFR)

 

DENIAL OF EXEMPTION

By letter dated April 6, 2015, Mr. Herman F. Gillis, III, Director of Operations, Sky Lease 

Cargo, 243-A Burgess Road, Greensboro, NC 27409 petitioned the Federal Aviation 

Administration (FAA) on behalf of Sky Lease Cargo (Sky Lease I, Inc.) for an exemption 

from §§ 91.9(a), 91.1025(a), 121.135(a)(4), 121.135(b)(21), and 121.141 of Title 14, Code of 

Federal Regulations (14 CFR) to the extent necessary to allow Sky Lease I, Inc. , to deviate

from the manual requirements for applying a forward emergency landing load factor of 9.0g

("9G") specified in § 25.561(b)(3)(ii) for restraint of cargo on the main deck of Boeing 747 

series airplanes.

The petitioner requests relief from the following regulations:

Section 91.9(a) prescribes, in pertinent part, that, (a) Except as provided in paragraph (d) of 

this section, no person may operate a civil aircraft without complying with the operating 

limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and 

placards, or as otherwise prescribed by the certificating authority of the country of registry.

Section 91.1025(a), prescribes, in pertinent part, that, (a) Each program operating manual 

must have the date of the last revision on each revised page. Unless otherwise authorized by 

the Administrator, the manual must include the following:
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(a) Procedures for ensuring compliance with aircraft weight and balance limitations;

Section 121.135(a)(4) prescribes, in pertinent part, that, (a) Each manual required by §121.133 

must—

(4) Not be contrary to any applicable Federal regulation and, in the case of a flag or 

supplemental operation, any applicable foreign regulation, or the certificate holder's 

operations specifications or operating certificate.

Section 121.135(b)(21) prescribes, in pertinent part, that, (b) The manual may be in two or 

more separate parts, containing together all of the following information, but each part must 

contain that part of the information that is appropriate for each group of personnel:

(21) Methods and procedures for maintaining the aircraft weight and center of gravity within 

approved limits.

Section 121.141 precribes, in pertinent part, that, (a) Each certificate holder shall keep a 

current approved airplane flight manual for each type of airplane that it operates except for 

nontransport category airplanes certificated before January 1, 1965.

(b) In each airplane required to have an airplane flight manual in paragraph (a) of this section, 

the certificate holder shall carry either the manual required by §121.133, if it contains the 

information required for the applicable flight manual and this information is clearly identified 

as flight manual requirements, or an approved Airplane Manual. If the certificate holder elects 

to carry the manual required by §121.133, the certificate holder may revise the operating 

procedures sections and modify the presentation of performance data from the applicable 

flight manual if the revised operating procedures and modified performance date presentation 

are—

(1) Approved by the Administrator; and

(2) Clearly identified as airplane flight manual requirements.

The petitioner supports its request with the following information:

The petitioner states that due to U.S. Department of Defense (DoD) needs, Sky Lease I, Inc.

requests an exemption from the 9G tiedown requirement for freight categorized as tall rigid cargo.

The tall rigid cargo 9G requirements have caused a major impact in the ability to move DoD

assets back to the United States from various locations around the world. This not only has

resulted in an inability to move assets, but has also caused major economic impact on Sky

Lease I, Inc.
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Sky Lease I, Inc. submits that this narrowly-tailored exemption would have no

adverse impact on safety, would provide an equivalent level of safety to the 9G forward

restraint requirement set forth in 14 C.F.R. § 25.561(b)(3) (which Sky Lease I, Inc. 

maintainsis outdated and unsubstantiated by freighter aircraft-specific data), and would be

in the public interest. It would enable Sky Lease I, Inc. to carry tall rigid cargo safely,

efficiently, and cost-effectively. It would benefit the public interest by making available to

shippers more commercially viable shipping options in more markets globally. And, the

requested exemption would also allow Sky Lease I, Inc. to realize the full capabilities of its

investment in the B-747 aircraft and stem the loss of millions of dollars of tall rigid

cargo business to foreign operators who regularly transport tall rigid cargo without

meeting the 9G forward restraint requirement.

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, and any 

delay in acting on this petition would be detrimental to Sky Lease I, Inc.

The FAA’s analysis is as follows:

The FAA has coordinated with DoD representatives regarding activity in Afghanistan

throughout calendar year 2016. The DoD stated that it will continue to conduct ongoing 

military operations in Afghanistan in support of Operation Freedom's Sentinel, which supports 

U.S. Allies and partner nations conducting Operation Resolute Support and continuing 

counterterrorism operations against the remnants of Al‐Qaeda located in Afghanistan.

Sky Lease I, Inc. is requesting an exemption from 14 CFR §§ 91.9(a), 91.1025(a), 

121.135(a)(4), 121.135(b)(21), and 121.141, which would allow it to deviate from its manual 

requirements, specifically eliminating the requirement for applying a forward emergency 

landing load factor of 9G stated in § 25.561(b)(3)(ii) for restraint of tall rigid cargo on the 

main deck of Boeing 747 series airplanes. A partial exemption has been granted to air carriers 

operating all-cargo flights originating in Afghanistan for the transport of cargo for the 

DoD.However, according to the U.S.Transporatation Command (USTRANSCOM), the 

petitioner’s status with USTRANSCOM is “Non Use”; therefore, Sky Lease I., Inc. is not 

operating out of Afghanistan. When the petitioner can show its status with USTRANSCOM is 

active and operating under these conditions, we will consdider a petition for exemption at that 

time.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption would not be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 

44701, delegated to me by the Administrator, the petition Sky Lease Cargo for an exemption 
AFS-15-1190-E

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from 14 CFR §§ 91.9(a), 91.1025(a), 121.135(a)(4), 121.135(b)(21), and 121.141 is hereby 

denied.

Issued in Washington, DC, on Novemeber 9, 2016

/s/

John S. Duncan

Director, Flight Standards Service