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 Dock et

No. Key Air, LLC

for an exemption from Article 135. 225 ( f ) (1) of the Federal Aviation Regulations.

PETITIO N FOR EXEMPTION

In accordance with the provisio ns of FAR 11.25, Key Air, LLC ( Key Air ) hereby pet itions the

Administrator for an exemption from Article 135. 225 ( f ) (1 ) of th e Federal Aviation Regulations

to opera te aircraft on an IFR takeoff at military or foreign airport s 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 p aragraph 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 Dri ve, 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 an d 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 air craft operations through Operations Specification C079 Paragraph (f)(3) down to 500 ft. Runway Visual Range.

Therefore

, the FAA has already recognized th at Key Air can safely and effectively conduct said operations.

5

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

conduct ing 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 u sed to identify and mitigate any and all risk in potentially unsafe operational conditions. Said Safety

M anagement 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 wo uld 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 un reasonable burden to general publi c

. IfKey Air, LLC’s Petition for Exemption Page 3 of 3 granted, this exemption would be in the public int e rest 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. T he delay in the granting of this exemption request will result in additional delay for relief that has al ready 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 t o FAR 11.25 and f or 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 Ar t ic l e 135. 225 ( f ) (1 ) of the Feder a l 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