# CONQUEST AIR Inc. 5820 Miami Lakes Drive East Miami Lakes, Florida 33014 Telephone: 305-863-3108 February 24, 2016 U.S . Department ofTransportation 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 ofRule 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 ofRelief 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 ofthis 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.

Page 1 of6Pertinent 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 ofthe 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 ofhow 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.

Page 2 of6FAA : 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 ofgranting 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 135.411 (A )(2) Continuous Airworthiness Maintenance Program which parallels requirements for FAR 121 Supplemental Operations . Justification for Grant ofthis 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 ofinitial 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 of7,500 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. Page 4 of6In 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 ofExemption 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 ofthis 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 offlights 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 ofthese operators have been regulated out ofbusiness . 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 ofthe 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. Page 5 of6Expedited 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 ofthese 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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