Key Air, LLC’s Petition for Exemption Page 1 of 3

Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12-140

Washington, DC 20590

Petition of: Regulatory Docket

No.

Key Air, LLC

for an exemption from Article 135.225 (f) (1) of the Federal Aviation Regulations.

PETITION FOR EXEMPTION

In accordance with the provisions of FAR 11.25, Key Air, LLC (Key Air) hereby petitions the 

Administrator for an exemption from Article 135.225 (f) (1) of the Federal Aviation Regulations 

to operate aircraft on an IFR takeoff at military or foreign airports with visibility reported at less 

than 1 mile.

Article of the FAR affected:

Article 135.225 (f) (1) provides, in pertinent part, 

Each pilot making an IFR takeoff or approach and landing at a military or foreign airport shall 

comply with the applicable instrument approach procedures and weather minimums prescribed 

by the authority having jurisdiction over that airport. In addition, no pilot may, at that airport –

(1) Take off under IFR when the visibility is less than 1 mile:

Exemption request:

Key Air proposes to conduct IFR take offs at military and foreign airports when visibility is less 

than 1 mile. Key Air is authorized to use lower than standard takeoff minima at U.S. Civil 

Airports in accordance with the limitations and provisions of Operations Specification paragraph 

C079. Further, this proposal requests identical privileges at military and foreign airports as those 

described in the provisions of our current Operations Specification paragraph C079. 

Key Air will comply with the applicable instrument approach procedures and weather minimums 

prescribed by the authority having jurisdiction over foreign and military airports.

This petition applies to all aircraft Key Air has listed on the certificate’s D085 Aircraft listing 

Operational Specification. 
Key Air, LLC’s Petition for Exemption Page 2 of 3

In support of this proposal, Key Air respectfully submits the following comments:

1. Key Air’s principal base of operations is located at 3 Juliano Drive, Suite 201, Oxford, 

CT 06478. Key Air holds Air Carrier Operating Certificate Number KKYA467B issued

on December 4, 1989 and re-issued on April 13, 2007 and conducts air taxi and on 

demand charter operations under FAR 135.

2. The demands of the charter (air taxi) service operated by Key Air include operations at 

military airports as well as at airports in foreign countries.

3. All Key Air crewmembers are trained and evaluated in FAA-approved Level C and D 

simulators under an FAA-approved 14 CFR Part 135 training program. The Lower than 

Standard Takeoff Minimums (500 ft.) training event is included in all Initial, Upgrade 

and Recurrent Curriculum Segments. The simulator training and evaluation is done 

using low visibility conditions appropriate to the minimums authorized in the Ops Specs 

C079. Key Air training meets all the regulatory requirements and follows the applicable 

8900.1 guidance for both FAR part 121 and 135 training programs. 

4. Key Air is currently authorized to conduct takeoffs at U.S. Civil Airports in weather 

below Category 1 takeoff minimums for 14 CFR 135 aircraft operations through 

Operations Specification C079 Paragraph (f)(3) down to 500 ft. Runway Visual Range.

Therefore, the FAA has already recognized that Key Air can safely and effectively 

conduct said operations.

5. Since December 4, 1989, Key Air has successfully proven that it is capable of safely 

conducting low visibility takeoff operations. Prior to the April 25, 2008 revision to 

Operations Specification paragraph C079, Key Air was authorized to conduct, and did 

conduct, reduced visibility take off operations under FAR 135 at military airports as well 

as at airports in foreign countries. In over 21 years of experience in the management of 

reduced visibility take off operations under FAR 135, Key Air has never experienced a 

performance or safety issue. 

6. Key Air has instituted an effective Safety Management System used to identify and 

mitigate any and all risk in potentially unsafe operational conditions. Said Safety 

Management System has been officially recognized by the following industry and 

governmental sources:

1) Air Charter Safety Foundation (ACSF) ; and

2) IS-BAO .

7. Key Air believes that this exemption would permit us to respond to a growing demand 

for chartered air transportation at military and foreign airports and would permit Key Air

aircraft to be available to the general public which would not otherwise be available. To 

not allow Key Air to conduct takeoff operations in reduced visibility conditions at 

Military and Foreign airports would impose an unreasonable burden to general public. If 
Key Air, LLC’s Petition for Exemption Page 3 of 3

granted, this exemption would be in the public interest while still maintaining the highest

level of safety.

Good cause for waiving publication and 120-day filing requirements exists because:

Key Air respectfully requests a waiver of the 120-day filing requirements and the publishing of a 

summary of the Petition in the Federal Register. The delay in the granting of this exemption 

request will result in additional delay for relief that has already been granted to Part 119 

certificate holders operating under Part 121 (by rule) and Part 135 (by exemption). Accordingly, 

there is good cause to dispense with these notice-and-comment requirements.

Summary and formal request as follows:

Pursuant to FAR 11.25 and for the reasons set forth above, Key Air respectfully requests that the 

Administrator, on an expedited basis and without publication in the Federal Register, grant Key 

Air an exemption from Article 135.225 (f) (1) of the Federal Aviation Regulations. The 

exemption is necessary to conduct takeoff operations in reduced visibility conditions at Military 

and Foreign airports. 

Respectfully submitted, Date: March 23, 2011

Danny Olmstead

Director of Operations