# CONQUEST AIR Inc. 5820 Miami Lakes Drive East Miami Lakes, Florida 33014 Telephone: 305-593-8847

U.S . Department ofTransportation Federal Aviation Administration Director, Flight Standards Service Mr. John Duncan Ref: Letter Dated April 11 , 2017 Dear Mr. Duncan, 

### Fax: 305-871-1622 April 18,2017

Thank you for the response letter, I did want to clarify the major point which is payload increase. In my documents I have requested a payload increase ofup to 12,000 lbs. from 7,500 lbs. which is the current limit. In my letter to Secretary Chao I also requested an increase ofup to 12,000 lbs. payload. I have mentioned that the Department ofTransportation has a dividing line of 18,000 lbs. payload or less for small operators and above 18,000 lbs. payload as large operators and that the FAA had conducted a Study to increase payload for part !35 's as well, this may have led to the misunderstanding ofthe requested payload increase. We realize there is a difference between 12,000 lbs. payload vs 18,000 lbs. payload and I wanted to clarify this point.

Carlos Gomez Cell: 305-218-0619 Attachment March 01 , 2017 letter to Secretary Chao

# CONQUEST AIR Inc. 5820 Miami Lakes Drive East Miami Lakes, Florida 33014 Telephone: 305-863-3108

U.S. Department ofTransportation Secretary ofTransportation Mrs.Elain Chao 

### Fax: 305-871-1622 March 01 , 2017

Ref: Removing a 50 

### + year old FAA restriction that is killing small cargo operators Dear Transportation Secretary Chao, Conquest Air is a small FAA Part 135 Cargo Air Carrier operating out ofMiami into the Bahamas daily. In 2016 we conducted 434 flights with our Convair 340 aircraft; these aircraft have an artificial payload restriction of7,500 lbs. when in fact ifoperating at their normal payload would be approximately 12,000 1bs. payload. We are currently operating at a 37% inefficiency which has added a substantial cost to our operation as well as an increase cost to all of the U.S exporters exporting into the Bahamas due to the 7,500 current payload restrictions. There are several documents that have been posted throughout the FAA websites concerning this same subject. We believe the FAA has all the supporting documentation including recommendations within their own department which supports increasing the payload on Part 135 Air Carriers from 7,500 lbs. to 18,000 lbs. which is the dividing line used by the Department ofTransportation. This payload restriction is out dated and obsolete, the fact that we currently have 3 air carriers operating aircraft under 18,000 lbs. payload is a testament to the damage this restriction has caused. Once a market out grows the 7,500 lbs. payload, the air carrier will be out ofbusiness due to the inability to expand or grow into larger aircraft. Without the ability for Conquest Air to operate its aircraft at 12,000 lbs. we will be forced to seriously consider moving our operation overseas to the Bahamas which would permit our aircraft to operate at 12, 000 lbs. payloads. We are writing you this letter in the hope that Mr. Trump keeps his campaign promise to help small businesses that has been decimated by outdated regulations and policies. We have been trying to have this issue resolved for years; the past administrations have chosen to do absolutely nothing about this situation. I hereby recommend this be the first old regulation that he removes.Please take a look at our current FAA docket Number: FAA-2016-4554 which has been pending for quite some time now. It has now been over 10 years since the Aviation Rule Making Committee recommended to the FAA a payload increase for Part 135 Air Carriers. I am available to meet with you and your staffto discuss this in detail. I am looking forward to your response. Sincerely,

Vice-President

"For 

### every one new regulation, two old regulations must be eliminated" President- Donald Trump

"To improve is to change; to be perfect is to change often" Winston Churchill

# CONQUEST AIRInc. 5820 Miami Lakes Drive East Miami Lakes, Florida 33014 Telephone: 305-863-3108 Cell: 305-218-0619

U.S. Department ofTransportation Secretary ofTransportation Mrs.Blain Chao March 01 , 2017

Ref: Regulatory Docket No. FAA-2016-4554 

### Fax: 305-871-1622

Additional SupportingDocuments for Exemption No. FAA-2016-4554 Maximum Payload Provision ofCFRPart 110.2 Events relating to payload increase and common carriage. 1. August 2003 : FAA forms the 125/135 Aviation Rule Making Committee (125/135 ARC) for the purpose ofrescinding Part 125 Operators. 2. September 2005 : Mr. Ed Bolen Chairman ofthe 125/135 ARC sent the ARC report to the FAA supporting the increase in payload for Part 135 Air Carriers, this in addition would provide a home for some Part 125 Operators wishing to move across to common carneage. 3. March 2005: Ameriflight International was granted payload increase exemption. FAA-2005-20109 for their Embraer 120 aircraft. 4. May 2007 :Florida Air Transports exemption was denied. FAA-2007-26801. FAA stated that the ARC did not recommend piston powered aircraft for payload increase under Part 135 (This is not correct). 5. July 2008 : FAA published a Study titled "Safety Effects of Raising the Maximum Payload for Turboprop Aircraft in Part 135 Cargo Operations". FAA stated that they were unaware that any piston powered aircraft operators would want to move to Part 135 (This is not correct).6. August 2009 : Skywagon Inc. increase payload exemption was denied. FAA-2009-0233 Same reason as stated under Florida Air Transports denial. 7. May 2015: IFL Group's exemption was denied. FAA-2014-0442 8. May 2016: Conquest Air exemption was denied. FAA-2016-4554 9. June 7 2016: Conquest Air filed for reconsideration FAA-2016-4554 Current Facts: 1. In 2005 there were 19 Part 125 all cargo operators. 2. In 2017 there are only 4 Part 125 all cargo operators with piston powered aircraft. 3. Most Part 125 cargo operators closed down their business after the aviation rule making committees recommendation. During these ARC meetings, the DOT had a representative present. The information gathered during these meeting was used to inforce additional restriction on all Part 125 Operators such as limited number ofannual contracts (No more than 3) and limited number ofannual flight hours. 4. These cargo operators were forced to close down their businesses because they could no longer be competitive due to these DOT 

### I F

AA restrictions. These operators were simply regulated out ofbusiness! 5. There are only 3 Part 121 cargo Air Carriers in the entire USA that have aircraft with payloads below 18,000 lbs. a. Mountain Air Cargo (Fed Ex, ATR-42 

### I ATR-72) b. Everts Air Cargo (Tatonduk,Alaska- C-46 aircraft) c. Gulfand Caribbean (IFL Group, CV580&CV5800) 6. Our company is operating aircraft at capacity that is to say that the only way to grow is to increase the number offlights . Once another air carrier shows up with a larger aircraft into the market you will be out ofbusiness. What you have done is built a business for someone else to take over. Throughout the history of aviation, air carriers have always looked for the most efficient aircraft available for various reasons including keeping the transportation cost down. The reason you don't see any Douglas DC-7 flying across to Europe is because they will not compete against B-767, B787, B747 or A-380. The markets will always drive the competition. This market will always drive the future aircraft that will be used to transport the goods. Without the ability to grow or expand, we will be out ofbusiness in the near future.7. There is a huge cost to all the U.S . exports who are shipping goods to the Bahamas, we currently have one ofthe highest transportation rates in the world when you compare cost per pound vs distance. 8. Having the ability to increase our payload would allow us to grow and expand into more modem aircraft which would be even more efficient and would help drive down the current cost oftransportation. This cost is affecting all U.S exporters all the way down to the American farmer. Lowering the transportation cost is a huge deal to all exporters and U.S. commerce. The reason there are only 3 Part 121 Air Carriers in the U.S . is because everyone else has been regulated out ofbusiness, it's not because the business disappeared. One must acknowledge the facts; you have to ask yourself why several operators have opted for reducing payloads in order to operate under Part 135. The reason is simple, it is impossible for a small operator to operate any small aircraft as defined by the DOT (18,000 lbs. payload or 60 seats) in a Part 121 operation. One possible solution to this issue is to get into ajoint venture with a foreign Part 129 air carrier that has open skies with the USA. We have considered this option, however we feel this option is not the proper solution. We prefer to do everything possible to remain as a US air carrier; we want to remain in the U.S., we want to keep our employees and not have to hire foreigner at the cost ofAmericanjobs. We are at a very critical phase in our operation which requires a solution to the issue immediately. I am available to meet with you at any time to answer any questions you may have. Thank you for your time and consideration in this matter. Sincerely, Carlos Gomez Cell: 305-218-0619