AFS

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April 16, 2014

Exemption No. 10980 Regu latory Docket No. FAA

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- 1089

Jeffery Pelham

Chief Pilot MidWest Aero Club, LLC dba Best Jets International

6855 34 th Avenu e 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 dat e it ends.

The Basis for Our Decision

By letter s 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 necessa ry 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 determ ined 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 gr ant 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 b ecause of the large number of aircraft being retrof itted and significant time befor e2

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 a re similar in all material respects to relief previously requested in the enclosed Grant of Exemption N o. 109 71;

 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 reaso ns stated i n 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 c ompleted 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 conditi ons 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 da ta 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 subse quent 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.3

5 . In the event of an accident or incident after which the DFDR data must be sent t o 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 mod ifications 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, F light Standards Service

Enclosure Exemption No. 10971