AFS-14-087-E

April 16, 2014

 Exemption No. 10980

 Regulatory Docket No. FAA-2013-1089

Jeffery Pelham

Chief Pilot

MidWest Aero Club, LLC dba Best Jets International

6855 34th Avenue South

Minneapolis, MN 55450

Dear Mr. Pelham:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letters dated December 11, 2013 and April 8, 2014, you petitioned the Federal Aviation 

Administration (FAA) on behalf MidWest Aero Club, LLC dba Best Jets International (Best 

Jets) for an exemption from § 135.156(d)(4) of Title 14, Code of Federal Regulations 

(14 CFR) to the extent necessary to allow Best Jets to operate one Dassault Falcon 900DX,

N890BB, S/N 611, without complying with the prohibition on filtering flight data of § 

135.156(d)(4).

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Best Jets.

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10971 (copy enclosed), the FAA 

finds that because of the large number of aircraft being retrofitted and significant time before 
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acceptance into a facility that can upgrade the aircraft, good cause exists to allow additional 

time to retrofit the subject aircraft with compliant equipment is appropriate.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 10971;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No.10971

also apply to the situation you present; and 

 for the reasons stated in Grant of Exemption No. 10971 a grant of exemption is in the

public interest.

All modifications to Best Jets Dassault Falcon 900DX, N890BB, S/N 611 necessary to 

comply with the flight recorder filtering regulations of 14 CFR Part 135 must be completed as 

soon as possible, and no later than 16 months from the date of this exemption. Once 

modifications are completed on an airplane, the relief provided by this exemption terminates. 

No extensions of this exemption will be considered.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701 

delegated to me by the Administrator, Best Jets is granted exemption from 

14 CFR § 135.156(d) to the extent necessary to allow Best Jets to operate one Dassault Falcon 

900DX, N890BB, S/N 611, without complying with the prohibition on filtering flight data of 

§ 135.156(d)(4), subject to the conditions and limitations listed herein.

Conditions and Limitations

1. This exemption applies only to Dassault Falcon 900DX, N890BB, S/N 611.

2. This exemption allows for the continued operation of the affected aircraft with a DFDR that 

records filtered flight data for parameters 15, 16, 17 and 88 as described in § 135.152(h), as 

applicable. No other relief from any other parameter or other flight recorder provision of Part 

135 is granted by this exemption.

3. Use of this exemption is not transferable to a subsequent operator of an affected airplane 

without the prior written approval of the FAA. Use by a subsequent operator is subject to 

written request and FAA approval before the airplane may be operated. 

4. A copy of this exemption must be retained with Best Jets DFDR correlation documentation 

as specified in § 135.152 as applicable until the airplane identified in this exemption has been 

modified pursuant to this exemption. 
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5. In the event of an accident or incident after which the DFDR data must be sent to the FAA 

or the National Transportation Safety Board, the operator must provide a copy of this 

exemption. 

6. Within 10 days of issuance of this exemption Best Jets must provide to its principal 

avionics inspector a schedule for the completion of the modifications required to bring each 

airplane into compliance with the applicable regulation. Such schedule may not extend 

beyond the date of termination of this exemption. Monthly updates of the modification 

schedule must be provided by each operator to its principal avionics inspector until the 

modifications are complete and each airplane complies with 14 CFR § 135.156(d).

This exemption terminates on the sooner of the installation of the software update correcting 

the problem as stated above, or August 31, 2015 unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service

Enclosure

Exemption No. 10971