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 Specifi 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 CitationShares) 

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 Specifi 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 certifi cate holder’s operations specifi 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 specifi 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 

specifi 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 certifi 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