### EXHIBIT 

# i---!d3=- Federal Aviation Administration 

# Memorandum

Subject: May 20,2008

Acting Director, Airport Safety and Standards (AAS-1) Acting Manager, Air Transportation Division (AFS-200) / ~.~ .~ Manager, General Aviation and Commercial Division (Afi800

## l 

# M Manager, 135Air Carrier Operations Branch (AFS-250) Manager, Commercial Operations Branch, (AFS-820) jtj, &/;) Safety ofC and DCategory Aircraft Operations at the Santa Monica Municipal Airport (SMO) Date: To: From:

The Federal Aviation Administration (FAA) Flight Standards Service HQ, through the Manager, Air Transportation Division (AFS-200), the Manager, General Aviation and Commercial Division (AFS800) and in coordination with Manager, 135 Air Carrier Operations Branch (AFS-250) and the Manager, Commercial Operations Branch, (AFS-820), has reviewed operations of the C and D category aircraft atthe Santa Monica Airport (SMa) within the context ofthe City of Santa Monica's 2008 Ordinance banning operations by such aircraft. The vast majority ofturbojet airplanes operating at Santa Monica Municipal Airport (SMa), to include Cand D category types.were certified inaccordance with 14CFR Part 25,Airworthiness Standards: Transport Category Airplanes. These certification standards apply to airplanes ranging from business jets to large airliners. As aresult ofthe FAA's certification process and regulations, runway lengths should be determined on case-by-case basis and rely upon FAA-Approved Airplane Flight Manual (AFM) data. These standards include requirements to determine the safe distances required forthe airplane totake offand land under certain conditions, airplane weights, and configurations within the operating envelope defined forthe airplane. The rules under which the airplane isoperated (i.e., 14CFR Parts 91, 135) complement the takeoff and landing distances determined under 14CFR Part 25 tothe specific operation and airport for each takeoff and landing. The combination ofthe airplane certification rules and the operating rules provide the requirements andparameters under which takeoff andlanding operations canbe safely conducted. Inother words, the safety ofanaircraft's operation is afunction ofthe requirements ofthe FAAapproved AFM andthe underlying regulatory frame work. Itisnoted that both types ofregulations, aircraft certification (14 CFR Part 25) and operational regulations (e.g. 14CFR Part 91 and Part 135) specifically cover runway length requirements. The operation ofaparticular aircraft/flight, including the required runway for atake offand landing, and combined with proper pilot certification are allexclusively regulated bythe FAA.2

Based onthe above, we find that C and D aircraft operations conducted asper the limitations ofthe applicable AFMs and applicable operational regulations, arenot inherently unsafe at SMO. Therefore, we seeno reason forthe City ofSanta Monica torestrict operations ofC and Dcategory aircraft at SMO. Ifyou have any questions orneed any clarification onthe issue discussed here, please feel free to letus know and we will be glad to assist.

# Federal Aviation

Administration 

# Memorandum
Date: May 20, 2008

Subject: Acting Director, Airport Safety and Standards (AAS-1)

Kansas City Aircraft Evaluation Group (AEG-11) Long Beach Aircraft Evaluation Group (AEG-05) Safety ofC and D Category Aircraft Operations atthe Santa Monica Municipal Airport (SMO) To: From:



## Technical Discussion andAnalysis The Federal Aviation Administration Kansas CityAircraft Evaluation Group (AEG-ll) and the Long Beach Aircraft Evaluation Group (AEG-05) have reviewed operations ofthe C and D category aircraft at the Santa Monica Airport (SMO) within the context ofthe City of Santa Monica's 2008 Ordinance banning operations by such aircraft. This technical discussion and Analysis is based upon a submission by the LosAngeles Flights Standards District Office (LAX

-FSDO) and Western-Pacific Region Flight Standards Division (AWP-200). The City ofSanta Monica recently enacted Santa Monica Ordinance No. 2251CCS § 1,which was adopted as of2/26/2008. Itstates, inpertinent part: 10.04.06.220 Conformance Requirements. (a) Statement ofPurpose andAuthority. This Section is enactedpursuant to the authority ofthe City of Santa Monica as the owner, operator andproprietor of the Airport to make reasonable regulations intended toprotect the safety ofpersons living adjacent to theAirport andflying in aircraft using the Airport. This Section comports with agreements between the City and the Federal Aviation Administration recognizing the City's obligation toserve category A andBaircraft attheAirport and its right toprohibit or limit any other given type, kind or class ofaeronautical use oftheAirport ifsuch action isnecessaryfor theAirport's safe and efficient operation. (b) Prohibition. Noperson operating a category 

### C or D aircraft, as defined by the FAA's standards, shall land atordepartfrom the Santa Monica Municipal Airport. The ordinance refers to categories A through D as an attempt to categorize aircraft. The intent ofthe following discussion is to illustrate the basic issues from atechnical point ofview, and to demonstrate from a practical perspective, how a sample of turbojet powered aircraft actually determine safe operations into and out ofthe Santa Monica Airport.14CFR Part 14, §97 defines the various categories ofaircraft as follows:

§97.1 Applicability. (a) This part prescribes standard instrument approach procedures to civil airports in the United States andthe weather minimums that apply to landings under IFR atthose airports. (b) This part also prescribes obstacle departure procedures (ODPs) for certain civil airports inthe United States and the weather minimums that apply to takeoffs under IFR at civil airports in the United States. §97.3 Symbols and terms used inprocedures. As used inthe standard instrument procedures prescribed inthis part-- Aircraft approach category means agrouping ofaircraft based on a speed ofVREF, ifspecified, or ifVREF is not specified, 1.3 Vso at the maximum certificated landing weight. VREF, Vso, and the maximum certificated landing weight are those values as established for the aircraft by the certification authority ofthe country ofregistry. The categories are as follows-- (1) Category A: Speed less than 91 knots. (2) Category B: Speed 91 knots ormore but less than 121 knots. (3) Category C: Speed 121 knots ormore butless than 141 knots. (4) Category D: Speed 141 knots ormore but less than 166knots. (5) Category E: Speed 166knots ormore. Generally, Category A aircraft arepropeller driven aircraft certificated under CFR 14Part 23. However, some part 23 aircraft fall into category B, and occasionally category C. (Example: Piper Aerostar landing flaps up, or some models ofthe MU-2 series). The types of aircraft the City is attempting to prohibit from Santa Monica airport are the corporate jet (examples are Learjets, Gulfstreams, Challengers, Citations). These are known as transport category aircraft, and are certificated in accordance with the identical standards applied to aircraft being flown by airlines. These standards dictate strict performance criteria and redundancy. Many ofthese aircraft fall into the category C and Dthe city is seeking toban from its airport. However, these aircraft can also fall into the approach category A orBthat the city claims is "Safer." 14 CFR Part 97.3 was never meant to classify a type of aircraft, or to categorize it into a type of operation, or restrict it from landing at aparticular airport. 14 CFR Part 97.3 categorizes aircraft based on its basic approach speed for a given set of conditions, primarily based on a derived number designated as Vref. This number is published by the manufacturer and is generally determined by multiplying the stall speed inthe landing configuration ofthe aircraft bythe factor of 1.3. The aircraft is then categorized by the pilot when he refers to his approach plate. Atrue and correct copy ofthe Santa Monica VOR or GPS-A approach plate (Jeppesen version) is attached hereto and hereinafter referred to as exhibit 1 and exhibit 2. The purpose of the categories is to maintain the aircraft in "protected airspace" for the calculated radius ofturn, based on the maximum airspeed within the given category. This "protected airspace" is determined by calculating clearance above obstacles within the rings (A, B, C, D, E) that the aircraft islikely topass over inits approach category.

2This is important because the faster the aircraft, the larger the ring, and therefore the further from the

airport the aircraft will travel when itexecutes atum. In other words, the faster the aircraft travels, the larger the radius oftum. This is reflected to the pilot at the bottom ofthe approach chart (exhibit 1) wherein itpermits thepilot that identifies Culve intersection to descend to 680' msl incategories A, B or C, but the pilot is restricted to 740' msl in category D. Without Culve intersection identified, all categories arerestricted to 1,120' msl. It is important to note this categorization system is based on the approach speed ofthe aircraft and not the landing or "over the fence" speed. Itdoes not take into account the takeoff or landing performance data requirements. This data is determined by the FAA Approved Flight Manual (AFM) and the capabilities of the aircraft and the applicable operational regulations. The safety margins are factored into whether the pilot can conduct a flight to an airport for the conditions at the estimated time of landing. Additionally, this categorization system applies only to aircraft that are being operated in the instrument approach environment, and was never intended for any other purpose. There are many instances where one aircraft can be operated in several categories based on legal landing weight I published Vref Irunway and environmental conditions. Transport Category airplanes are certificated in accordance with 14 CFR Part 25. They usually have a maximum gross takeoff weight ofmore than 12,500 lbs, require two pilots, and in some cases, aFlight Engineer. The Pilot in Command (PIC) is required to hold atype rating and must maintain the same currency requirements as the pilot ofa 14CFR Part 23 aircraft. The pilot must maintain the additional currency requirements listed in 14 CFR Part 61.57 and complete an annual Pilot Proficiency Check (PPC) in accordance with 14 CFR Part 61.58. The Second in Command (SIC) must meet the requirements of 14CFR Part 61.55. Flight crews that fly for On-Demand Air Carriers under 14CFR Part 135 or afractional operators under 14 CFR Part 91K must meet even more stringent training and checking requirements in addition to Flight and Duty time limitations. The PIC must meet all of the above requirements plus receive recurrent training and checking every six months. The SIC is required to receive recurrent training and checking on an annual basis. Companies that operate these types ofaircraft often incorporate additional internal risk assessment tools audits into their flight departments. These requirements are being driven inmany cases to become industry standards by the Insurance and Financing Companies that underwrite the aircraft. 14 CFR Part 25 certificated Transport Category Aircraft meet stringent performance requirements regarding takeoff, departure, enroute and landing phases of flight. In addition to the "structural limitations" such as maximum certificated takeoff weight, they become further limited by such factors as density altitude, runway available, runway condition, weather, departure obstacle clearance considerations, and crew pairings. The most restrictive ofthese limitations is required to be complied with. Transport Category aircraft performance requires that when the failure of the most critical engine occurs, the aircraft maintains the performance capability to stop on the remaining runway, or continue the takeoff with the remaining engine(s). Similar limitations exist for landing. When operated at legal weights, the 14 CFR Part 25 aircraft can always land on the available runway or execute a go around I missed approach with aninoperative engine.

3TAKE OFF

When computing the takeoff requirements of Part 25 Transport Category aircraft, the pilot must compute amaximum weight for the aircraft so that he has what is known as "Balanced Field Length." This means that should an engine fail at the most critical moment ofthe takeoff roll (V1), the aircraft will be able to safely stop on the runway remaining (NOTE: The benefit of thrust reversers is not included inthis computation) orcontinue the takeoff and be atleast 35 feet above the end ofthe runway, and continue the takeoff profile in a predetermined takeoff flight path (Climb Requirement). The aircraft performance must be able to meet the following three diagrammed conditions:



### \/1 STOP 

## I-ABORT-I o 0 0 

# r--ACCEL/ STOPOISTANCE-1 RElEASE BRAKE RElEASE BRAKE 

# IENGINE FAILURE AT

# Vtl

V1.VR

# VLOF 

# I I I 

# I~ Accel / Go Distance 

### --"'1



# ~I

The pilot normally controls the weight ofthe aircraft byhow much fuel heputs onboard, which dictates the distance the aircraft can safely fly. The pilot can utilizes Aircraft Flight Manual (AFM) performance charts and graphs orcomputerized programs derived from the AFM. Many operators subscribe to commercial services that provide these calculations. LANDING Inorder to meet the 14CFR Part 25 landing performance requirements, the aircraft must be able to: Land and come to acomplete stop from 50FtAGL andVrefatthe approach end ofthe runway. The total distance required isthe sum ofthe distance from Vrefand 50ftAGL totouchdown, and the distance from touchdown to acomplete stop. An added safety margin isprovided bynottaking into account the benefit ofthrust reversers when computing the runway required. Ifoperating under 14CFR Part 135 or 14CFR Part 121,the aircraft must be able to land and stop within 60% ofthe available runway. Ifan operator is granted Eligible on Demand status and is authorized touse a Destination Airport Analysis Program, the aircraft must be able to land and stop with 80% ofthe available runway. Stop without exceeding the brake energy limit. Ifbrake energy is alimiting factor, achart isprovided inthe AFM to determine the maximum brake energy limited landing weight.

4 Landing Path Profile One Engine Inoperative

VREF LANDING CLIMB (ALL ENGINE ~ 32% MIN. GRADIENT) ~

~ VREF+1D

APPROACH-CLIMB

~ (ENGINE-OU; 2.1% MIN. -.."".; ~ ••• GRADIENT) --~_VREF~1.3VSO- 

# :7
50' 

## ------a- I
THRESHOLD

# ~t

LANDING I

# Ji

DISTANCE~
EFFECTIVE RUNWAY I LENGTHClimb (Balked landing Climb) (Minimum 3.2% gradient) in landing configuration with all engmes

operating. Climb (Approach Climb) (Minimum 2.1% gradient) with landing gear up, flaps atthe approach setting, and one engine inoperative. Ifany ofthese requirements can not be met, the landing weight is reduced to the lowest weight to meet these requirements. These performance limits are "Operating Limitations". They define the maximum landing weight for the particular scenario. Again, these are "Operating Limitations", notjust advisory information.

fiELD I ENTGH lIM:TED i'ERFORMANCE SECTIOr. 62 AFM AIRPLANE CONDiTIONS AiRPORT CONDITiONS ATMOSPHERE CONDmONS

CLIMB LIMITED PERFOPMANCE SECTION

63 AFI.< OBSTACLE ClEAR."NC E SECTION 6.6. AFI,f TIRE SPEED LIMITS SECTION E4. AFM

STRUCTURAl OPERATIONAL WEIGHT L'MITS SEcnO'll AFM REDUCE AND

__ -----I OPTIt,IIZE

TO WEIGHT

NO

GINISHE0 Operating a 14 CFR Part 25 aircraft as described above, into and out of Santa Monica is accomplished safely in compliance with federal regulations and in accordance with the FAA Approved Flight Manuals. 14CFR Part 91.103 requires allpilots, forall flights, regardless ofthe kind ofaircraft they are flying, to determine the required runway lengths at the airports of intended use, and to compute the takeoff and landing distance data fortheir aircraft. An analysis ofseveral different makes and models of aircraft utilizing awide range ofoperating weights that frequent Santa Monica Airport has been derived from the individual aircraft flight manuals data. Runway 21 is utilized the most because ofthe westerly prevailing winds.

5Given Conditions: Aircraft Assumptions:

Airport: KSMO Anti Ice: OFF Runway: 21 Anti Skid: ON Runway length: 4,987 Bleed Air: ON Runway slope: -1.2% (downhill) Thrust Reverse: Armed Condition: Dry, no contamination Spoilers/Speed brakes: Armed Barometric Pressure: 29.92 Hg APR: Armed Temperature: 20°e. Rudder Boost: ON Wind: Calm NOTE: Aircraft as equipped (some aircraft mayor may not have the above equipment) TAKEOFF & LANDING DATA The following Table displays the maximum values forthe conditions stated. 14CFR§91 § 135 § 135 Maximum Max. Max. Landing Max. Landing §97 Ale Type Takeoff Wt. Wt.

Weight Landing Wt. 60% 80% Category

100% Non-E.O.D. E.O.D. G-550 80,299 75,300 75,300 75,300 B,C, D G-IVSP 71,087 66,000 66,000 66,000 B,C, D DA-900EX 47,534 44,500 40,127 44,500 B,C CL-604 42,994 38,000 38,000 38,000 B,C LR-60 22,221 19,500 N/A 17,832 C LR-55 19,878 21,000 16,694 21,000 C CE-550B 14,800 13,500 13,500 13,500 A, B N/A: Not Authorized An On-Demand Air Carrier operating aLear 60 as detailed above isnot able toutilize Santa Monica Airport when using the 60% rule inaccordance with 14CFR Part 135.385. Inorder toutilize the 80% rule, anAir Carrier must meet additional requirements and be authorized Eligible On Demand Operations inaccordance with 14CFR Part 135.4.

6Exhibit 1

AL-5G23 iF

AAI 

## VOR or

## GPS-A

SANTA MONICA MUNI (SMO) MISSEDAPPROACH:Climotc 4' 00 via SMa R-250 and FIM R·' .IS to SADDE Inl and hold. V III Ci-ding ~otou'horized Northwes' of Rwy3-21.

SOCAL AI!? CON 128.5 381.6 SANTA MONICA TOWER· GND CON UNICOI.'. 120.1ICTAF) 0257.8 121.9 122.95

'" » 

### " ::tl ec 8 ...• s 

### o

~ ?< '" o o ...• (LEV 175 211±A

'when con,,'" 'owe' do;ed, DME req.rlred DARTS SEVEY ,-l"'l, Sil.O1il1) SMO:£) I RA~AR ~4500 ' 1\1° 

### 1- 72600 

### I

,- 1 4100 

# t SMOR-25G Fill.

R-1<:8 1125 SADDE

740-2 565 (6()()'21 212° to VOR/DME

~ VOR/DME

--'.

### <. Procedore Tum NA
CATEGORY MIRLRwy3-210 REILRwys 3 ond 2'0 1120-3 945 (lCK>G~31 CIRCLING

, 80 CIRCLING 680-1 505 1600-1) SANTA MONICA, CAliFORNIA AMd' lOB G6159 34°01 'N-118'2TW SANTA MONICA MUNI <SMO) 

## VORorGPS-A ,... o o N >- « ::E o .9 ,... o o N OC Q. « N