I March 11, 2016

U.S

. Department ofTransportation Docket Operations West Building Ground Floor Room W12-140 1200 New Jersey Avenue, SE

. Washington, DC 20590

# TAR Aviation Charter, Inc
.

Subject: Petition for Exemption- 14 CFR §135.25(b) and (c) Greetings,
PentastarAviation Charter, Inc

. (or "PACI" as used herein) is a Delaware corporation and the holderof 14 CFR Part 119 air carrier certificate and associated 14 CFR Part 135 operations specifications. PACI's air carrier certificate number is UG8A235J

. This certificate was issued August 5, 1999

. PACI is registered as an air taxi operator under 14 CFR Part 298

. PACI's principal place of business is located at Oakland County International Airport, 7310 Highland Road, Waterford, Michigan 48327. PACI is authorized through its operations specifications to conduct on demand operations with the aircraft listed therein. Pursuant to 14 CFR §11.61 (b), PACI hereby respectfully submits this petition for exemption from the exclusive use aircraft requirements as set forth under 14 CFR §135.25(b) and (c) (copied below):
14 CFR §135.25Aircraft requirements. (b) Each certificate holder must have the exclusive use ofat least one aircraftthat meets the requirements for at least one kind ofoperation authorized in the certificate holder's operations specifications
. In addition, for each kind ofoperation forwhich the certificate holderdoes not have the exclusive use ofan aircraft, the certificate holder must have available for use under a written agreement (including arrangements for performing required maintenance) at least one aircraftthat meets the requirements for that kind ofoperation

. However,this paragraph does not prohibit the operatorfrom using or authorizing the use ofthe aircraft for otherthan operations under this part and does not require the certificate holder to have exclusive use ofall aircraft that the certificate holder uses
. (c) Forthe purposes of paragraph (b) ofthis section, a person has exclusive use ofan aircraft if that person has the sole possession, control, and use of it forflight, as owner, or has a written agreement (including arrangements for performing required maintenance), in effectwhen the aircraft is operated, giving the person that possession, control, and use for at least 6 consecutive months. PACI seeks exemption from the exclusive use aircraft requirements specified above to the degree necessary to enable PACI to operate its aircraft as authorized by its operations specifications without having the exclusive use ofat least one aircraftthat meets the requirements for at least one kind ofoperation authorized in PACI's operations specifications

.

Oakland County International Airport (PTK) • 7310 Highland Road •Waterford, Ml48327 P:888-426-8666/248-886-8949• F: 248

-461-8065 • charter@pentastaraviation
.com • PentastarAviation

.com Private Jet Charter •Aircraft Management •Advisory Services •Aircraft Maintenance •Avionics Services • Interior Services • FBO ServicesPACI is awholly owned subsidiary of PentastarAviation, LLC (or "PA" as used herein). PAis an aviation services company that provides comprehensive aircraft support services for businessjetaircraft including (but not limited to) aircraft managementservices, advisory services, aircraft maintenance services (14 CFR Part 145 Repair Station No. BTVR626C), FBO services, and catering services. PA's primary business offerings are aircraft managementservices and FBO services. As an additional service offering that provides PA managed aircraft clients with a means to offsettheir costs ofaircraft ownership, PACI offers those clients with the opportunityto enter into charter/dry lease agreements with PACI wherein PACI operates client aircraft in its on-demand 14 CFR Part 135 charter operations. Through these agreements, client aircraft are under PACI's sole possession and operational control wheneverthose aircraft are operated by PACI. Underthese agreements, and in compliance with 14 CFR §135.413, PACI retains responsibility for airworthiness at all times regardless ofthe operating rule in effect. These agreements do not provide PACI with "exclusive use" ofclient aircraft. PA managed aircraft clients routinely operate their respective aircraft under authority oftheir individual14 CFR Part 91 FAA Letters of Authorization when such aircraft are not in use by PACI. PACI does notfranchise or share its authority for the conduct ofoperations under its certificate and operations specifications to, orwith any other person or entity. PACI does not currently, and has never owned any aircraft. Until mid-summer of2014, PA's owner had provided his own aircraft to serve as the exclusive use aircraftthrough dry lease to PA and PA's exclusive dry sub-lease to PACI. This aircraftwas subsequently sold. In preparation forthis sale and the resulting loss of its exclusive use aircraft, on May 30, 2014 PACI entered into an exclusive use dry lease agreementwith an unrelated person wherein a Cessna 182P was leased to PACI. This dry lease agreement demonstrates compliance with the exclusive use aircraft requirements of 14 CFR §135.25(b) and (c), giving PACI exclusive possession, control (including arrangements for performing required maintenance) and use ofthe aircraftforthe initial 6 month term ofthe lease. Pursuant to this lease, this aircraftwas subsequently added to the PACI operations specifications, thereby enabling PACI to demonstrate on-going compliance with the exclusive use aircraft requirements of 14 CFR §135.25(b) and (c). Through subsequent renewals ofthe lease term, this aircraft continues to serve as PACI's exclusive use aircraft, remaining under PACI's sole possession and control at all times. The sole purpose for leasing this aircraftwas to enable PACI to maintain compliance with the exclusive use aircraft requirements of 14 CFR §135.25(b) and (c). This aircraft has not, and will not be operated by PACI orany other person during the term ofthe lease. The costs associated with leasing, housing, insuring and maintaining the aircraft are fully absorbed by PACI for the sole purpose of maintaining compliance with the requirements of 14 CFR §135.25(b) and (c). Although the lease ofthe Cessna 182 enables PACI to demonstrate compliance with exclusive use aircraft requirements, the costs associated with PACI's retention ofthis aircraft otherwise represent a significantwaste of PACI revenues. PACI does not believe that the public receives a safety benefit, or benefit ofany kind from PACI's exclusive possession and control ofthis aircraft. PACI does not believe thatthe safety of PACI operations is enhanced in anyway by the exclusive possession and control ofthis aircraft. In fact, the expenditure of PACI resources required to retain, house, insure, and maintain the aircraft is detrimental to PACI's operations. PACI believes that as relates to its well established operations, its retention ofthis aircraft serves no one in a positive way (with the possible exception ofthe lessor) and is a significant detrimentto PACI's operations from a business perspective. Although the exclusive use aircraft requirement is cited as an element ofoperational control in PACI's operations specifications §A008 d. (3), PACI's use ofthis aircraft to demonstrate compliance with 14 CFR §135.25(b) and (c) clearly has no bearing on PACI's exercise ofoperational control over its fleet ofaircraftthat are utilized in actual operations (PACI currently has ten turbojet business aircraft in operation under its 14 CFR Part 135 operations specifications).PACI considers the costs of leasing, housing, insuring and maintaining the inactive Cessna 182P forthe sole purpose ofdemonstrating regulatory compliance as a deplorable and non-value added misuse of its resources. Further, PACI views the expenditure of FAA administrative resources required to surveil this inactive PACI aircraft to be a poor and non-value added use oftax payer dollars. Both PACI and FAA resources could be much better utilized to improve their respective operations in many areas including aviation safety which would better serve the interests ofthe public. PACI understands the original intent ofthe exclusive use aircraft requirement as previously summarized and published by the FAA in Exemption No. 6158. PACI supports the application ofthese regulations to persons seeking initial certification as 14 CFR Part 135 operators, so as to prevent those applicants that might lack sufficient economicwherewithal for the conduct ofsafe operations from seeking initial certification. PACI believes that given its status as a long established and professional operator, maintaining compliance with 14 CFR §135.25(b) and (c) as outlined herein provides no benefit to the public and does not in any way enhance the safety of PACI operations. Excepting the sole purpose of maintaining regulatory compliance, the costs associated with the exclusive use aircraft represent a largely indefensible financial burden to both PACI and U.S. tax payers. Granting ofthis exemption would result in no less than an equivalent level ofsafety as compared to requiring PACI to continue bearing the costs associated with leasing, housing, insuring and maintaining the inactive Cessna 182P for the sole purpose ofdemonstrating compliance with exclusive use aircraft requirements. This stance is supported by the points mentioned previously in this petition for exemption. Requiring PACI to lease, maintain, house and insure an aircraft that is not operated forthe sole purpose ofdemonstrating compliance with 14 CFR §135.25(b) and (c) does nothing to positively impactthe safety of PACI operations. Furthermore, freeing up the resources that are currently being expended to maintain compliance with exclusive use**ai~craft** requirements and making those resources available for truly value-added purposes is very likely to result in enhanced levels ofsafety and continuous improvement in PACI's processes and procedures. Granting ofthis exemption would be in the public interest due to the elimination ofthe expenditure of resources needed to maintain and surveil on-going compliance with the exclusive use aircraft requirements by PACI and the FAA respectively. These resources would, without any doubt be utilized for much more value-added purposes, including focus on enhanced levels ofsafety and continuous improvement in processes and procedures. Granting ofthis petition for exemption would not have any readily apparent effect on PACI's on-going international operations. Nonetheless and for avoidance ofdoubt ifthis petition for exemption is granted, PACI seeks continuing authority (as authorized by its operations specifications) for the conduct of international operations. Operations specifications thatwould be affected by granting ofthis exemption are listed below: Operations Specification A005 SummaryofExemptions andDeviations Operations Specification AOOB

### d. (3) Exclusive Aircraft Use Requirements forPart 135 Operations. At leastone aircraftthatmeets the requirements foratleastone kind ofoperation authorizedin the certificate holder's operations specifications mustremain in the certificate holder's exclusive legal possession andactualpossession (directlyorthrough the certificate holder's employees andagents) as specifiedin Section 135.25. This aircraftcannotbe listed on anyotherPart 119 certificate holder's operations specifications during the term ofthe exclusive use lease.Petitions for exemptions to 14 CFR §135.25(b) and (c) for substantially similar circumstances have been previously granted to Executive Air Fleet Corporation (Exemption No

. 3438A issued 07/01/1985, Exemption No. 3438B issued 07/01/1987, Exemption No. 3438C issued 06/10/1987 and Exemption No

. 6158 issued 09/11/1995).
A summary ofthis petition for exemption intended for publication in the Federal Register as required by 14 CFR §11.81 (f) follows this page. Please contact me with any questions you may have at the address listed above, by e-mail at mbaker@pentastaraviation

.com, or by phone at (248) 666-8384

. Thankyou for yourthoughtful consideration and assistance with this petition for exemption.

Sincerely, PentastarAviation Charter, Inc

.

Michael L. Baker Vice President of Safety & Compliance

cc: Gregory J. Schmidt- PACI President and CEO Danny K. Clifton- PACI Vice President and DirectorofOperations Frank

### A. Publiski Ill- PACI Vice President and Director of Maintenance Gary M. Roberts- PACI Director of Quality Assurance Kip Catlin- PACI Chief Pilot Glenn 

### A. Shaw- FAA Principal Operations Inspector Martha M. Winnard- FAA Principal Maintenance Inspector Paul 

### A. Reynolds- FAA Principal Avionics Inspector BartAngle- FAAAviation Safety Inspector, AFS-83014 CFR §11.81 (f) Summary of Petition for Exemption for publication in the Federal Register:

Petitioner: PentastarAviation Charter, Inc. Sections ofthe FAR affected: 14 CFR §135.25(b) and (c) Brief description ofthe nature ofexemption being sought: PentastarAviation Charter, Inc. seeks exemption from the exclusive use aircraft requirements specified under 14 CFR §135.25(b) and (c) to the degree necessary to enable PAC! to operate its aircraft as authorized by its operations specifications without having the exclusive use ofat leastone aircraftthat meets the requirements for at least one kind ofoperation authorized in the certificate holder's operations specifications.