AFS-10-133-E Sep 30 2010

Exemption No. 9837A Regulatory Docket No. FAA-2009-0111

Mr. Michael Daigneault Director, Flight Standards CitationShares Management LLC

5 American Lane Greenwich, CT 06831

Dear Mr. Daigneault:

This letter is to inform you that we have denied your petition to amend Exemption No. 9837. It explains the basis for our decision, describes its effect, and lists the conditions and

limitations.

The Basis for Our Decision

By letter dated January 7, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of CitationShares Management LLC (Cita tionShares) for an amendment to Exemption No. 9837. That exemption from § 135.255(f)(1) of Title 14, Code of Federal Regulations allows CitationShares to make instrument flight rules (IFR) takeoffs from foreign and military airports when the visibility is less than 1 statute mile or make an instrument approach when the visibility is less than 1⁄2 mile. The amendment request would extend the provisions of this exemption to include all turbojet-powered aircraft operated by CitationShares.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to CitationShares.2

Our Decision

CitationShares requested to amend its exemption by including all turbojet-powered aircraft to its current exemption. CitationShares states that all of its aircraft are type certificated under part 23 or 25 and that the addition of all turbojet aircraft would not decrease the level of safety. CitationShares states that future turbojet-powered aircraft, regardless of aircraft, will be of the same classification and will be approved per its existing part 135 operations specifications prior to commercial operation. In addition, CitationShares states that aircraft operations conducted by the petitioner either meet or exceed all part 135 requirements.

The FAA granted CitationShares’ current exemption based on Exemption No. 9752 that was previously issued to NJI, Inc. That exemption was based on NJI’s operation of state-of-the-art avionics, navigation systems, flight guidance syst ems, and displays and that all NJI operations were conducted with two pilot crews.

You request that all turbojet aircraft t ype certificated under parts 23 and 25, operated by CitationShares without regard to state-of-art avionics, navigation systems, flight guidance systems, and displays or the number of crew conducting flight operations, be included in the exemption.

The FAA finds that your amendment request is too broad to show how the proposed amendment of Exemption No. 9837 would provide a level of safety equivalent to that provided in the affected section of the previously granted exemption. In addition, the FAA notes that your amendment request does not provide how it would be in the public interest.

The FAA has determined that the justification for the issuance of Exemption No. 9837 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I deny your amendment request. The conditions and limitations remain the

same.

Conditions and Limitations

1. Provisions of this exemption apply to Citati on CJ3 (CE-525B), Citation Bravo (CE-550B), Citation Excel/XLS (CE-560XL), and C itation Sovereign (CE-680) aircraft only.

2. Crews utilizing this exemption must have been trained and qualified to the standards specified under part 121, subparts N and O.

3. Airports at which CitationShares intends to utilize the provisions of this exemption must have had approach procedures developed in accordance with U.S. Terminal Instrument

Procedures or International Civil Aviation Organization Procedures for Air Navigation

Services criteria.3

The Effect of Our Decision

The termination date of Exemption No. 9837 remains March 31, 2011, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 9837 remain the same. This letter must be attached to, and is a part of, Exemption No. 9837.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service