## Flight Trails Helicopters, Inc **4805 E. Falcon Drive Mesa, Az. 85215** 

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- 14 **Flight Trails Helicopters, Inc. P**  **etition for E**  **xemption from FAR**  **91.1605 / SFAR 77**

**Addendum to document FAA**
**- 2014** 
**- 0460** 
**- 0001**  Dear Sirs; On July 1 st , 2014 , the undersigned, on beh alf of Flight Trails Helicopters, Inc. filed for Petition for Exemption from FAR 91.1605 / SFAR 77. This Document is an addendum to that p etition. Flight T rails Helicopters, Inc, has been informed that the original petition did not satisfy the r equirement s of FAR Part 11.81. Thus, w e will s pecifically 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 a ddress;

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 se ctions 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 th e 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 P rogram to train their helicopter p ilots in the MD 500 and MD 900 model helicopter s
. Additionally, as a h e licopter p olice program , IC AO 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 operation s
.

## Flight Trails Helicopters, Inc **4805 E. Falcon Drive Mesa, Az. 85215** 

Page 2 (d) The reasons granting your request would be in public interes t, 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 product s and expects American training to learn how to properly operate these products. The p urchase of these products totaled approximately 50 million US dollars paid to a US helicopter c ompany , and more helicopters are expected to be ordered in the near future . This benefits the US p ublic by keeping a US h elicopter c ompany in business , which provides j obs to US citizens. By not supporting American p roduct s, 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 business es
. Moreover , by not allowing US p ilots, who are experts in the purchased helicopters, to provide this training, the ch ance of a catastrophic accident is significantly increased

. Secondly, a ssisting a p ro -US foreign government in estab lishing the ability to conduct police operations that will ultimately assist in making their region safer from terrorists has to be one of the highest p rioriti es of the United States Government. The amount of United States State Department p erson ne l is increasing in Erbil, Iraq due to State Department personnel having to leave Baghdad. Accompanied by the rising amount of American c itizens and new business ventures in Erbil alone means significant threats could be present for Americans in this city. Having properly trained traffic and p atrol 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 provide s support for local police but also serves as a maj or 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 te rrorists in this region. The sole pur pose of traffic and patrol heli copters 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

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## Flight Trails Helicopters, Inc **4805 E. Falcon Drive Mesa, Az. 85215** 

Page 3 (e) The re asons 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 A ir Traffic C ontrol Airspace and conduct f light t raining for Kurdistan Regional Government pilots for their p olice operations. The r ule, as written , addresses procedures primari ly for airliners (air carriers) to climb above flight level 20,000 feet as quickly as possible when departing f

rom Erbil. As we are staying inside the Erbil airspace, we already fall within the Air Traffic Control Airspace ’ s safety area. Operating within c ontrolled 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 provi ded in the rule , and we feel will remain saf e 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 o f 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 asses s ment and other intelligence as well as airport assessments. These , along with continued monitoring of the Erbil Control Tower , will provide a more

-th an - 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 f lights operated by Flight Trails Helicopters, Inc. on behalf of the Kurdistan Regional Government T raffic 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 (r efer to FAA Exemption No. 10282, Docket FAA2011

- 0528)

. Additional ly, 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. Th erefore, a waiver should be granted f or 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 reasonab le bounds o f safety and public interest , and , given the current threat asse ss ments, the current operating environment, the fact the Kurdistan Regional Government has been a staunch advocate of United States and continued business interest and support er 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;

T h e 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. 6 02

- 617

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CC: Mr. Rick Cobbold, President, Flight Trails Helicopters, I nc. Honorable Mr. John McCain, Arizona Senator, United States Senate