Flight Trails Helicopters, Inc

4805 E. Falcon Drive

Mesa, Az. 85215

Page 1

 07-23-14

Flight Trails Helicopters, Inc. Petition for Exemption from FAR 91.1605 / SFAR 77

Addendum to document FAA-2014-0460-0001

Dear Sirs;

On July 1st, 2014, the undersigned, on behalf of Flight Trails Helicopters, Inc. filed for Petition for 

Exemption from FAR 91.1605 / SFAR 77. This Document is an addendum to that petition.

Flight Trails Helicopters, Inc, has been informed that the original petition did not satisfy the requirements 

of FAR Part 11.81. Thus, we will specifically and directly address each individual item in FAR Part 

11.81.

FAR Part 11.81;

(a) Your name and mailing address and, if you wish, other contact information such as fax

 number, telephone number, or email address;

Flight Trails Helicopters, Inc.

4805 East Falcon Field

Mesa, Arizona 85215-2505

480-396-8242

Mr. Terry J. Tyner – Vice President

602-617-6010

tyner65@gmail.com

(b) The Specific section or sections of 14 CFR from which you seek an exemption;

FAR 91.1605(a), (1), (2), (3), (b). 

Exemption requested under permitted operations as allowed in FAR 91.1605 (c)

(c) The Extent of Relief you seek, and the reason you seek relief;

We are seeking the permitted operations exemption as outlined in FAR 91.1605

paragraph (c). We respectfully submit that FAR 91.1605 is primarily written for the 

safety of airliners and commercial airplane operations and that, as written, its primary 

intent falls outside of our requested operation. We seek relief from this regulation in 

order to allow operation(s) to assist the Kurdistan Regional Government Traffic Police 

Program to train their helicopter pilots in the MD500 and MD900 model helicopters. 

Additionally, as a helicopter police program, ICAO rules do not apply to the Kurdistan 

Regional Government Traffic Police Program due to the fact that the program is under 

the direct purview of the Minister of Interior and, as such, is regulated for “Public Use” 

type operations.
Flight Trails Helicopters, Inc

4805 E. Falcon Drive

Mesa, Az. 85215

Page 2

(d) The reasons granting your request would be in public interest, that is, how it would benefit the public 

as a whole;

Approval of this operation is in the public interest.

The Kurdistan Regional Government purchased American products and expects 

American training to learn how to properly operate these products. The purchase of these 

products totaled approximately 50 million US dollars paid to a US helicopter company,

and more helicopters are expected to be ordered in the near future. This benefits the US 

public by keeping a US helicopter company in business, which provides jobs to US 

citizens. By not supporting American products, not only is the Kurdistan Regional 

Government immediately forced to seek foreign assistance in training for the purchased

aircraft, but the Kurdistan Regional Government will also be less likely to buy from the 

US in the future, which hurts American businesses. Moreover, by not allowing US pilots, 

who are experts in the purchased helicopters, to provide this training, the chance of a 

catastrophic accident is significantly increased.

Secondly, assisting a pro-US foreign government in establishing the ability to conduct 

police operations that will ultimately assist in making their region safer from terrorists 

has to be one of the highest priorities of the United States Government. The amount of 

United States State Department personnel is increasing in Erbil, Iraq due to State 

Department personnel having to leave Baghdad. Accompanied by the rising amount of 

American citizens and new business ventures in Erbil alone means significant threats 

could be present for Americans in this city. Having properly trained traffic and patrol 

helicopter pilots provides an increased level of safety for all people living in and visiting 

the communities under the protection of the Kurdistan Regional Government. We see this 

in cities all over the US, where the ability of helicopters to respond to scenes quicker not 

only provides support for local police but also serves as a major deterrent for crime in 

general.

The increased security of the area under the jurisdiction of the Kurdistan Regional 

Government, including Erbil, is essential to monitoring, interfering with, and capturing 

terrorists in this region. The sole purpose of traffic and patrol helicopters in Erbil, just as 

in cities across the US and in many other countries, is, by definition, in the public 

interest, since they exist as a vital technological tool/resource to provide a higher level of 

protection for the public as a whole.
Flight Trails Helicopters, Inc

4805 E. Falcon Drive

Mesa, Az. 85215

Page 3

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you seek the 

exemption;

These operations will not adversely affect safety.

Our operation, as listed in our original request, is to simply stay in the Erbil Air Traffic 

Control Airspace and conduct flight training for Kurdistan Regional Government pilots 

for their police operations. The rule, as written, addresses procedures primarily for 

airliners (air carriers) to climb above flight level 20,000 feet as quickly as possible when 

departing from Erbil. As we are staying inside the Erbil airspace, we already fall within

the Air Traffic Control Airspace’s safety area. Operating within controlled airspace and 

at altitudes averaging 1,000 feet above ground level (AGL), along with the procedures 

outlined in the original petitions dated July 1, 2014, we believe exceeds the safety 

expectations provided in the rule, and we feel will remain safe for our entire operation. 

The Erbil-controlled airspace already provides for procedures of operations which will be 

adhered to, and thus safety would be maintained at its current level with no degradation. 

On the other hand, if we do not provide this training, the potential for safety being 

adversely affected is increased. If the Kurdistan Regional Government Traffic Police 

receive inadequate training, it will put not only the crew at risk, but also increase the 

chance for collateral damage in the event of an incident. We will provide factory-level 

training with extensive emergency procedure training that ensures that safety is 

maintained at the highest levels. 

In addition to our original petition outlining security threat assessments from the 

Kurdistan Regional Government Traffic Police, we will supplement threat assessments 

using The International Handler Universal Weather, which will provide threat assessment 

and other intelligence as well as airport assessments. These, along with continued 

monitoring of the Erbil Control Tower, will provide a more-than-adequate level of safety 

for our instructors.

 

(f) A summary we can publish in the Federal Registrar, Stating;

(1) The Rule from which you seek the exemption; and

91.1605(a) (1), (2), and (3) and (b)
Flight Trails Helicopters, Inc

4805 E. Falcon Drive

Mesa, Az. 85215

Page 4

(2) A brief description of the nature of the exemption you seek;

We are requesting to conduct training operations inside Erbil Air Traffic Control 

Airspace using US Airman Certificates and/or Helicopters registered in the United States.

Additionally, Flight Trails Helicopters, Inc. hereby states that good cause exists for 

waiving the requirement for Federal Register publication of this petition. The training 

flights operated by Flight Trails Helicopters, Inc. on behalf of the Kurdistan Regional 

Government Traffic Police Program are time critical. Faced with similar factors in ruling 

on the Aspect Energy petition, the FAA waived Federal Register publication of the 

petition (refer to FAA Exemption No. 10282, Docket FAA2011-0528). Additionally, the 

FAA considered the same in reviewing North American Air Charters exemption request 

under document FAA-2011-1081. 

FAA action on this request will not set a precedent, as each request under FAR 91.1605 / 

SFAR 77 must be considered on its own merits. Therefore, a waiver should be granted 

for this petition for exemption.

(g) Any Additional information, views or arguments available to support your request;

Flight Trails Helicopters, Inc. submits that the above petition for exemption falls within 

reasonable bounds of safety and public interest, and, given the current threat assessments, 

the current operating environment, the fact the Kurdistan Regional Government has been 

a staunch advocate of United States and continued business interest and supporter of US 

operations, and its continued interest in the well being and protection of both Americans 

and its own citizens in its region, just cause exists to issue an exemption.

(h) If you want to exercise the privileges of your exemption outside the United States, the reason

 why you need to do so;

 

The regulation in question deals exclusively with operations outside the United States.

Best Regards,

Terry J. Tyner

Terry J. Tyner

Vice President,

Flight Trails Helicopters, Inc.

602-617-6010

CC: Mr. Rick Cobbold, President, Flight Trails Helicopters, Inc.

 Honorable Mr. John McCain, Arizona Senator, United States Senate