Michael Daigneault Director, Flight Standards CitationShares Management, LLC 5 American Lane Greenwich, CT 06831 (203) 542-3996 mdaigneault@citationair.com Monday April 4th, 2011 Docket Management Facility U.S. Department of Transportation 1200 New Jersey Ave, S.E. West Building Ground Floor, Room W12-140 Washington, DC 20590 Submitted via www.regulations.gov Subject: Petition for Exemption from 14 CFR 135.225(f)(1) References: Operations Speci fi cation C079; Exemption 9837B; 14 CFR §: 91.1039(e), 135.225(f), 121.651(f)

Dear Sir or Madam,



### SPECIFIC SECTIONS CitationShares Management LLC, air carrier certifi cate number Z5FA890K, (hereafter referred to as Citation Shares) is requesting exemption from the requirements of 14 CFR § 135.225(f)(1) relating to IFR: Takeoff, Approach and Landing Minimums while operating at a military or foreign airports.



### EXTENT OF RELIEF REQUESTED This Petition for Exemption seeks permanent relief from select rules issued by the Federal Aviation Administration governing IFR takeoffs when the visibility is less than 1 statute mile at foreign and military airports & applicable to all turbojet powered airplanes operated by CitationShares in accordance with 135.225(f) and Operations Speci fi cation (OpSpec) C079.



### SUMMARY Operations conducted in accordance with Part 135 are restricted from utilizing weather minimums established by the authority having jurisdiction over a particular international airport. This rule is inconsistent with analogous rules contained in Part 91 subpart (K) as well as Part 121. Only Part 135 designated fl ights are restricted from takeoffs when the visibility is less than 1 mile at military airports and international destinations as of the change to OpSpec C079. CitationShares’ Part 135 takeoff operations conducted at foreign and military airports are uniquely impeded as a result of the visibility restriction. Resulting delays and cancellations adversely affect CitationShares’ revenue by way of aircraft expenditures and crew duty considerations. Previously OpSpec C079 allowed lower than standard takeoffs at foreign and military airports. This authorization was removed by the FAA, due to wording which confl icted with 135.225(e) (now 135.225(f)). 135.225 (f) (summarized below) contains unique visibility restrictions: Each pilot making an IFR takeoff or approach and landing at a military or foreign airport shall comply with applicable instrument approach procedures and weather minimums prescribed by the authority having jurisdiction over that airport. In addition, no pilot may, at that airport- (1) Take off under IFR when the visibility is less than 1 mile; or (2) Make an instrument approach when the visibility is less than 1/2 mile.The analogous rule in Part 121 (121.651), revised in 1981 (46 FR 2280, Amendment No. 121-166) and incorporates the following language: (f) Unless otherwise authorized in the certi fi

cate holder’s operations speci fi

cations, each pilot making an IFR takeoff, approach, or landing at a foreign airport shall comply with the applicable instrument approach procedures and weather minimums prescribed by the authority having jurisdiction over the airport. • The change to 121.651(f) allows the operator to comply with the applicable instrument approach procedures. According to the preamble the change: “ensures that U.S. operators comply with appropriate foreign governmental regulations when conducting international operations.” No speci fi c comments were received on this proposal and it was accepted as proposed. • Approval of this exemption request will not decrease the level of safety and would recognize advances in training, technology and fl ight support systems that CitationShares has in place.



### PUBLIC BENEFIT CitationShares Management LLC currently operates over 1500 fl ights annually to international destinations in a highly competitive business environment. Departures from international and military airports during periods of below standard visibility are restricted from takeoffs as a result of the type of operation conducted. The result is needless delays to our customers and a loss in competitive advantage.



### AFFECT ON SAFETY OF FLIGHT Currently CitationShares is authorized to conduct lower than standard takeoffs in accordance with operations speci fi cation (OpSpec) C079. Furthermore, analogous regulations in Part 121 and Part 91 subpart K indicate that the decision to restrict low visibility takeoffs at military and foreign airports is not founded in matters of safety of fl ight. • CitationShares is currently authorized to conduct takeoffs in weather minimums below Category I takeoff minimums for Part 135 airplane operations [OpSpec C079 paragraph (F)(3)] down to 600' Runway Visual Range. • CitationShares crewmembers are trained and evaluated at Flight Safety International under our FAA approved Part 135 Training Program. The Lower than Standard Takeoff Minimums (600 RVR) training event is conducted during Initial, Upgrade, and Recurrent training. Further, all aircraft are operated using two type-rated fl ight crewmembers at all times. • CitationShares operations conducted under Part 91 Subpart K are only restricted by the provisions set forth by the authority having jurisdiction. Part 91.1039(e) states that “Each pilot making an IFR takeoff or approach must comply with applicable instrument approach procedures and take off and landing weather minimums prescribed by the authority having jurisdiction over the airport. In addition, no pilot may, at that airport take off when the visibility is less than 600 feet.” Part 91 does not contain a minimum visibility for takeoff operations of any type. Based upon the information presented herein we request as a Part 135 certi fi cate holder in possession of OpSpec C079 to be permitted to abide by the regulations applicable to the country and airport at which they are operating. As evidenced by the information presented herein, approval of this request would in no way adversely affect safety of fl ight.

Sincerely,

Michael J. Daigneault