CONQUEST AIR Inc. 

5820 Miami Lakes Drive East 

Miami Lakes, Florida 33014 

Telephone: 305-863-3108 

February 24, 2016 

U.S. Department of Transportation 

Docket Management System, Room PL 401 

400 7th St. Southwest 

Washington, D.C. 20591 

FAA Certificate Number: Q9UA484K 

Fax: 305-871-1622 

Petition for Exemption from the Maximum Payload provision of 14 CFR Part 119.3 

Substance of Rule from which exemption is sought: 

Conquest Air seeks an exemption from 7,500 pound maximum payload restriction for our 

Convair 340 aircraft operated in all cargo configurations, on-demand operations under 

Part 135. The restriction is contained in 14 CFR 119.3 which states "On-demand 

operations conducted with airplanes having a payload of7,500 pounds or less". 

Nature and Extent of Relief Sought- Summary per FAR 11.81(0 

Conquest Air requests an exemption from definitions in 14 CFR 119.3 to the extent 

necessary to allow it to operate its Convair 340 aircraft in FAR 135 on-demand all cargo 

service above 7,500 lbs. payload. The grant of this exemption will have no adverse safety 

impact whatsoever. 

Interest of the Petitioner: 

Conquest Air would like to operate its Convair 340 aircraft to its maximum certified 

payload of 12,000 pounds without exceeding the aircrafts maximum take-off weight. We 

are currently operating the same aircraft on our 135 certificate with a reduced payload of 

7,500 pounds. From time to time we operate this aircraft at max take-off weights with 

less than 7,500 lbs. payload and round trip fuel. 

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Pertinent ICAO /FAA and EPA activity to reduce Carbon C02 Emissions 

ICAO: Environmental Protection- Voluntary Measures 

ICAO has collected information on voluntary activities and is planning to provide 

feedback to States and the aviation community, with the aim of dissemination of such 

activities. ICAO has been encouraged to study three market-based measures such as 

voluntary measures, emission-related levies and emissions trading, pursuant to Appendix 

I to Assembly Resolution A35-5, aimed at reducing climate impact caused by greenhouse 

gases (GHG) emitted from the aviation sector. 

In addition the new resolution (Assembly Resolution A36-22, Appendix L) urges States 

to adopt measures relating to Emissions related charges and taxes, Emissions trading, 

Carbon offsets and Clean Development Mechanism. 

ICAO has identified several ways to reduce aircraft Carbon C02 emissions: 

OPERATIONAL OPPORTUNITIES AND TECHNOLOGY OPTIONS6 

a) fly the most fuel efficient aircraft type for the mission; 

b) taxi the most fuel efficient route; 

c) fly the most fuel efficient route; 

d) fly at the most fuel-efficient speed; 

e) operate at the most fuel efficient altitude; 

f) maximize the aircraft's load factor; 

g) minimize the empty weight of the aircraft; 

h) load the minimum fuel to safely complete the flight; 

i) minimize the number of non-revenue flights; 

j) maintain a clean and efficient airframe and engines; 

k) reduce aerodynamic drag by efficiently distributing load on board; 

1) install winglets where appropriate; 

m) engine retrofits and/or upgrades; 

n) re-engine aircraft; 

o) use polished aircraft; and 

p) more regular maintenance to correct aerodynamic deterioration. 

ICAO is in the fmal stages of passing a new environmental resolution which will be 

accepted by the FAA's (Office of Environment and Energy - Emissions Division) and 

the U.S. EPA which would mandate and encourage Air Carriers to reduce Carbon C02 

gases. We are a perfect example of how working with the Federal government to improve 

current policy's and substantially increase development of existing technology and 

practices would allow companies such as ours to contribute to reduction of greenhousegases. 

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FAA: United States Aviation Greenhouse Gas Emissions Reduction Plan 

www.faa.gov/ .. ./policy/media/aviation _greenhouse _gas_ emissions _re ... 

FAA: Aviation Emissions, Impacts & Mitigation: A Primer Jan. 2015 

www.faa.gov/regulations_policies/policy_guidance/envir_policy/med ... 

EPA: Lead Emissions from Piston-Engine Aircraft Using Leaded Aviation Gasoline 

www3.epa.gov/otaq/aviation.htm 

Pertinent Aviation Rulemaking Committee Activity 

Between 2003 and 2005, the 125/135 Aviation Rule making Committee (ARC) 

developed recommendation Document "Applicability 32". This document was accepted 

by the committee members, this recommendation document proposed to increase the 

maximum payload for FAR 135 cargo only operators from 7,500 pounds to 18,000 

pounds, subject to certain requirements intended to provide an equitant level of safety. 

This document was sent forward by the ARC to the FAA as a recommendation document 

and supports the Part 1251135 Aviation Rulemaking Committee (ARC) study to permit 

these aircraft to operate under Part 135 with a higher payload. 

We believe that this strong affirmation of the concept by a wide spectrum of industry 

representatives and the provision to insure a safe operation incorporated in the proposal 

provide a compelling argument in favor of granting the exemption. 

The petition includes equipment, maintenance and training requirements that equal or 

exceed those of the ARC recommendation document including a requirement for a FAR 

13 5 .411 (A )(2) Continuous Airworthiness Maintenance Program which parallels 

requirements for FAR 121 Supplemental Operations. 

Justification for Grant of this Petition: 

Similar GRANT OF EXEMPTION was issued to Ameriflight Inc. under Regulatory 

Docket No. FAA-205-20109. Ameriflight has not experienced any adverse effects by 

increasing its maximum payload to over 7,500 pounds under its Part 135 operation. 

At present there are only two alternatives for operators: 

One, seek FAR 121 operating authority. This process has become so complex under 

current guidelines that a recent certification exercise initially involving three aircraft 

spanned more than two years and $3 million dollars in direct cost to the operator. Cost to 

the FAA probably the same. Cost of initial certification in addition to complexity inherent 

in FAR 121 operations would increase ongoing operating cost to the point that the 

Convair 340 could not be operated profitably in the current market, thus FAR 121 

Certification does not represent a practical solution. 

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Second, several companies have demonstrated their ability to operate and support aircraft 

which were originally certificated for a payload in excess of 7,500 pounds by decreasing 

their payload via STC's to 7,500 pounds. By increasing the payload to 12,000 pounds, it 

would allow these aircraft to operate at their maximum aircraft payloads, not exceeding 

18,000 pounds as recommended by the ARC Committee, "Applicability 32". 

It's important to understand that we are not requesting any exemption from certificated 

operating limitations of these aircraft. The only difference will be an increase in 

allowable payload above the 7,500 pounds, a limit currently imposed by the FAR 119.3 

rule. This same weight can be carried under present rules as fuel while remaining within 

all applicable certificated aircraft weight limitations- so there is clearly no safety issue 

associated with the payload increase. 

There are several operators today conducting operations under Part 135 by reducing the 

payload of their aircraft, these aircraft inc1ude EMB-120, EMB-145, DC-3, Saab 340, 

Convair 240 and 340 and Boeing B-737 Business Jet. 

Eguivalent Level of Safety 

The aircraft them selves incorporate features that actively improve safety. They have a 

service ceiling of 24,500 feet which permits them to fly above the weather and are 

equipped with modem avionics. 

Conquest Air will meet the nine key characteristics as required for a Part 121 Air 

Carrier's utilizing a Convair 340 and as out lined in the safety effects of raising the 

maximum payload to 18,000 pounds which are: 

1. Two person crew. 

2. Flight following. 

3. Approved Continuous Airworthiness Maintenance Program (CAMP). 

4. GPWS. 

5. TCAS. 

6. Autopilot. 

7. On-Board Weather Radar. 

8. Approved pilot training program .. 

9. Higher altitudes available with pressurized aircraft. 

The aircraft equipment requirements provide an equivalency to Part 121 Supplemental 

Operations and exceed Part 135 requirements for passenger or all cargo operations as 

identified by the 125/135 ARC and the FAA. 

If this exemption is granted, our employees will have additional training. Our flight 

crew's members, flight instructors, check airman and flight following personnel, 

mechanics and inspectors will have to satisfactorily complete a training program 

acceptable to the FAA addressing any differences associated with the increase weight or 

additional equipment installed on the aircraft. 

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In summary, Conquest Air is prepared to go significantly beyond the FAA requirements 

of FAR 135 to enhance the level of safety of our operation and that a grant of this 

exemption would not compromise safety in any way. 

Additional supporting information: 

Statement of Ed Bolen submitted to the Subcommittee on Aviation and Transportation 

and Infrastructure 

Letter addressed to The Honorable Marion C. Blakey from the 125/135 ARC 

Applicability 32 Document from the 125/135 ARC 

Private Air Carriage Association letter 

Ameriflight's Grant of Exemption 

ICAO: Voluntary Measures Template 

Letter from the EPA to Senator John Kerry 

Aircraft C02 Calculators 

EPA: Lead Emissions from Piston-Engine Aircraft Using Leaded Aviation Gasoline 

Public Interest: 

A gi-ant of this petition serves the public interest in several ways: 

1) The market in which we operate is limited to propeller driven aircraft due to the short 

distance between the points of travel. By being able to increase our payload to 12,000 

pounds we would be able to offer more competitive rates and reduce the number of 

flights we current have by over 38% which reduces our Carbon Emission and foot print 

by over 40% as well. Our current annual C02 emissions are 1,453.38 metric tons with a 

payload of 7,500 lbs. IF we were able to operate our aircraft at its full payload of 12,000 

lbs. we would reduce our C02 carbon emissions from 1,453.38 metric tons to 901.09 

metric tons, this is a reduction of 552.29 metric tons or 38% reduction in our C02 

emissions. We would reduce our total number of flights hours from 850 hours per year to 

527 flight hours per year. 

2) By eliminating the need for Conquest Air to pursue a FAR 121 certification, millions 

of dollars of scarce FAA funds would be saved. Implementation of this exemption (if 

granted) would be a far simpler and less costly task for both Conquest Air and the FAA. 

At the moment there are less than five 121 air carriers operating aircraft with less than 

18,000 lbs. payload and between them all, there are less than 30 aircraft operating, most 

of these operators have been regulated out of business. 

3) Increasing the payload would reduce the total number of flights over an already 

congested traffic area. 

4) The current 7,500 pound weight limit has increased the cost of shipping dramatically, 

to a point that it is cheaper to send a shipment from Miami to London than it is from 

Miami to Nassau; all this is due to the limited size of the aircraft available in the market 

and has made it more difficult by the increase in cost for the U.S. to export its goods. 

5) Reduce aircraft noise. 

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Expedited Handling: 

ICAO, FAA and the U.S. EPA are moving forward with policy that will be in effect in 

the near future which supports reductions in aircraft C02 emissions. 

The Aviation Rulemaking Committee has submitted to the FAA the proposal to increase 

the maximum cargo payload for FAR 135 operations to 18,000 pounds (Applicability 

32). However the subsequent rulemaking process has taken years, whereas our need is 

immediate. 

Other companies already operate aircraft in this group with payloads reduced in 

compliance with FAR 119 and 135, so the additional payload weight clearly poses no 

safety problem. Use of these aircraft in fact raises the safety bar. 

There is clearly public interest for support for a grant of this exemption. In addition to 

market demands already discussed, the ARC after deliberation on the need for raising the 

part 135 cargo payload threshold has expressed its majority support of an increase to 

18,000 pounds. The committee has concluded that this can be accomplished without 

compromising safety. These ex-regional turboprop and piston aircraft are currently 

parked in storage, available at reasonable cost to cargo operators, but they do not 

represent an endless available source. With each passing year they will be more difficult 

and costly to re-commission more of them will be sold to foreign countries and 

eventually will become uneconomical to either return to service or store for additional 

time and be scrapped. 

For these reasons, we urgently request that this petition be handled on an expedited basis 

and that it forgo the public comment period. 

Communication with Conquest Air: 

Within the limits of applicable FAA policy, I will be available to clarify or discuss this 

petition wit the FAA officials responsible for processing it, and particularly to consider 

any adjustments that might better address agency requirements while satisfying our own 

objective. The undersigned can be reached at (305) 218-0619. 

Carlos Gomez 

Vice-President 

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