AFS-11-269-E June 17, 2011

Exemption No. 10291 Regulatory Docket No. FAA-2011-0372

Ms. Vanda E. Crook Director of Operations Heritage Aviation, Inc., d.b.a. Heritage Flight

265 Aviation Avenue South Burlington, VT 05403

Dear Ms. Crook:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated April 12, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Heritage Aviation, Inc., d.b.a. Heritage Flight (Hertiage) for an exemption from § 135.225(f)(1) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Heritage to make instrument flight rules (IFR) takeoffs with less than 1 mile visibility and approaches and landings with less than 1⁄2 mile visibility at military and foreign airports.

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

the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Heritage.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10280 (copy enclosed), the FAA found it in the public interest to permit Richmor Aviation, Inc., to make IFR takeoffs from foreign and military airports when the visibility is less than 1 mile and make instrument approaches and landings when the visibility is less than 1⁄2 mile, subject to certain conditions and limitations. Additionally, the FAA found that a level of safety equivalent to that provided by the current regulations could be maintained. Weather minimums for aircraft operating under part 135 are prescribed in §§ 91.175 and 135.225. Section 91.175 is applicable to both U.S. and foreign2

airports, and while it prescribes specific minimums, it allows for operations at lower minimums when authorized by the Administrator thr ough operations specifications. Section 135.225(f) restricts a pilot operating under part 135 from maki ng a takeoff at any foreign civil airport when the visibility is less than 1 mile. Therefore, takeoffs with less than 1 mile visibility at these foreign civil airports cannot be aut horized through operations specifications.

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

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 10280;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10280 also apply to the situation you present; and

 a grant of exemption is 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 grant Heritage Aviation, Inc., d.b.a. Heritage Flight an exemption from 14 CFR § 135.225(f)(1) to the extent necessary to make IFR takeoffs from foreign and military airports when the visibility is less than 1 mile and IFR approaches and landings when the visibility is less than 1⁄2 mile, subject to the conditions and limitations described below.

Conditions and Limitations

1. The operator must have and comply with Operations Specification C079.

2. Airports at which the operator intends to use the provisions of this exemption must have approach procedures that were developed in accordance with U.S. Terminal Instrument Procedures (TERPS) or International Civil Aviation Organization Procedures for Air Navigation Services -Aircraft Operations (ICAO PANS-OPS)

criteria.

This exemption terminates on July 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

James Gardner Acting Deputy Director, Flight Standards

Service

Enclosure