I 

March 11, 2016 

U.S. Department of Transportation 

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, 

Pentastar Aviation Charter, Inc. (or "PACI" as used herein) is a Delaware corporation and the holder of 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 § 135.25 Aircraft requirements. 

(b) Each certificate holder must have the exclusive use of at least one aircraft that meets the 

requirements for at least one kind of operation authorized in the certificate holder's operations 

specifications. In addition, for each kind of operation for which the certificate holder does not have the 

exclusive use of an aircraft, the certificate holder must have available for use under a written agreement 

(including arrangements for performing required maintenance) at least one aircraft that meets the 

requirements for that kind of operation. However, this paragraph does not prohibit the operator from using 

or authorizing the use of the aircraft for other than operations under this part and does not require the 

certificate holder to have exclusive use of all aircraft that the certificate holder uses. 

(c) For the purposes of paragraph (b) of this section, a person has exclusive use of an aircraft if 

that person has the sole possession, control, and use of it for flight, as owner, or has a written 

agreement (including arrangements for performing required maintenance), in effect when 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 

of at least one aircraft that meets the requirements for at least one kind of operation 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 Services 
PACI is a wholly owned subsidiary of Pentastar Aviation, LLC (or "PA" as used herein). PAis an aviation services 

company that provides comprehensive aircraft support services for business jet aircraft including (but not limited 

to) aircraft management services, 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 

management services and FBO services. As an additional service offering that provides PA managed aircraft 

clients with a means to offset their costs of aircraft ownership, PACI offers those clients with the opportunity to 

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 whenever those aircraft are operated by PACI. Under these agreements, and in compliance 

with 14 CFR §135.413, PAC I retains responsibility for airworthiness at all times regardless of the operating rule in 

effect. These agreements do not provide PACI with "exclusive use" of client aircraft. PA managed aircraft clients 

routinely operate their respective aircraft under authority of their individual14 CFR Part 91 FAA Letters of 

Authorization when such aircraft are not in use by PACI. PACI does not franchise or share its authority for the 

conduct of operations under its certificate and operations specifications to, or with any other person or entity. 

PACI does not currently, and has never owned any aircraft. Until mid-summer of 2014, PA's owner had provided 

his own aircraft to serve as the exclusive use aircraft through dry lease to PA and PA's exclusive dry sub-lease to 

PAC I. This aircraft was subsequently sold. In preparation for this sale and the resulting loss of its exclusive use 

aircraft, on May 30, 2014 PACI entered into an exclusive use dry lease agreement with 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 of the aircraft for the initial 6 month term 

of the lease. Pursuant to this lease, this aircraft was subsequently added to the PAC I 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 of the 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 aircraft was 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 or any other person during the 

term of the 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 of the Cessna 182 enables PACI to demonstrate compliance with exclusive use aircraft 

requirements, the costs associated with PACI's retention of this aircraft otherwise represent a significant waste of 

PACI revenues. PACI does not believe that the public receives a safety benefit, or benefit of any kind from 

PACI's exclusive possession and control of this aircraft. PACI does not believe that the safety of PACI operations 

is enhanced in any way by the exclusive possession and control of this aircraft. In fact, the expenditure of PAC I 

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 of this aircraft serves no one in a positive 

way (with the possible exception of the lessor) and is a significant detriment to PACI's operations from a business 

perspective. Although the exclusive use aircraft requirement is cited as an element of operational control in 

PACI's operations specifications §A008 d. (3), PACI's use of this aircraft to demonstrate compliance with 14 CFR 

§135.25(b) and (c) clearly has no bearing on PACI's exercise of operational control over its fleet of aircraft that 

are utilized in actual operations (PACI currently has ten turbojet business aircraft in operation under its 14 CFR 

Part 135 operations specifications). 
PAC I considers the costs of leasing, housing, insuring and maintaining the inactive Cessna 182P for the sole 

purpose of demonstrating 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 of tax 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 of the public. 

PAC I understands the original intent of the exclusive use aircraft requirement as previously summarized and 

published by the FAA in Exemption No. 6158. PACI supports the application of these regulations to persons 

seeking initial certification as 14 CFR Part 135 operators, so as to prevent those applicants that might lack 

sufficient economic wherewithal for the conduct of safe 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 of this exemption would result in no less than an equivalent level of safety 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 of demonstrating 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 for the sole purpose of demonstrating compliance with 

14 CFR §135.25(b) and (c) does nothing to positively impact the 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 of safety and continuous improvement in PACI's processes and procedures. 

Granting of this exemption would be in the public interest due to the elimination of the 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 of safety and continuous improvement in processes and procedures. 

Granting of this petition for exemption would not have any readily apparent effect on PACI's on-going international 

operations. Nonetheless and for avoidance of doubt if this petition for exemption is granted, PAC I seeks 

continuing authority (as authorized by its operations specifications) for the conduct of international operations. 

Operations specifications that would be affected by granting of this exemption are listed below: 

Operations Specification A005 Summary of Exemptions and Deviations 

Operations Specification AOOB d. (3) Exclusive Aircraft Use Requirements for Part 135 Operations. At 

least one aircraft that meets the requirements for at least one kind of operation authorized in the 

certificate holder's operations specifications must remain in the certificate holder's exclusive legal 

possession and actual possession (directly or through the certificate holder's employees and agents) as 

specified in Section 135.25. This aircraft cannot be listed on any other Part 119 certificate holder's 

operations specifications during the term of the 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 of this 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. 

Thank you for your thoughtful consideration and assistance with this petition for exemption. 

Sincerely, 

Pentastar Aviation Charter, Inc. 

Michael L. Baker 

Vice President of Safety & Compliance 

cc: Gregory J. Schmidt- PAC I President and CEO 

Danny K. Clifton- PACI Vice President and Director of Operations 

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 

Bart Angle- FAA Aviation Safety Inspector, AFS-830 
14 CFR §11.81 (f) Summary of Petition for Exemption for publication in the Federal Register: 

Petitioner: Pentastar Aviation Charter, Inc. 

Sections of the FAR affected: 14 CFR §135.25(b) and (c) 

Brief description of the nature of exemption being sought: 

Pentastar Aviation 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 of at least one aircraft that meets the requirements for 

at least one kind of operation authorized in the certificate holder's operations specifications.