West Bend Air, Inc. 

Post Office Box 409 

West Bend, WI 53095 

262.334.5603 phone 

262.334.5662 fax 

Fond du Lac Skyport 

N6308 Rolling Meadows Dr. 

Fond iiu Lac, W) 54937 

920.922.6000 phone 

920.922.8706 fex 

[PI OF PA'ISFORWIC u • 

April 9, 2010 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

West Building Ground Floor, Rm. W12-140 

Washington, DC 20590 

Ladies and Gentlemen: 

avtf/test peopLc FL vim Busmcas peone 

FOm OULAC SKYPORT A DMaiOH Of WEtT KHD MK 

I am writing you today in regard to the regulation differences between wet runway 

allowances for operators under Part 135 compared to operators under Part 91 Subpart K. 

West Bend Air is seeking relief from 14 CFR Part 135.385 (d) which restricts a DAAP 

qualified Operator to the 60% Rule for landing on wet or slippery runways. West Bend 

Air is requesting to be allowed the same options afforded our 14 CFR 91 Sub-Part K 

competitors under their regulatory rule 14 CFR 91.1037 (e) which allows them the ability 

to choose between the 60% Rule or the 80% Rule for wet or slippery runway usage under 

their DAAP Program. 

West Bend Air has operated jet aircraft safely for many years and has, to the best of its 

knowledge, complied with all the regulating requirements governed by its Air Carrier 

Certificate. The following is given in the alphabetical sequence as presented in the 

FAR's. 

Part 135.385 addresses runway requirements at a destination airport for West Bend Air's 

operation. 

Paragraph 135.385 (b) states that the aircraft can not depart unless, upon arrival the 

aircraft will be at a weight that will allow a full stop landing at the intended destination 

airport within 60 percent of the effective runway length. 

Paragraph 135.385 (d) addresses the wet or slippery runway conditions at a destination 

airport requiring the effective runway length at that destination to be at least 115 percent 

of the runway length required under paragraph (b) which addresses the 60% Rule. 

Paragraph 135.385 (f) addresses the Destination Airport Analysis Program (DAAP) 

which allows the use of 80 percent of the effective runway length at destination rather 

than 60 percent. 

Part 91 Subpart K operators must follow Part 91.1037 for their landing requirements. 

For the sake of space and time I will condense this where possible. 
Paragraph (b) of 91.1037 carries the exact regulatory verbiage as Paragraph (b) of Part 

135.385 covering the 60% Rule. 

Paragraph (c) of 91.1037 carries the exact regulatory verbiage as Paragraph (f) of Part 

135.385 covering the 80% Rule. 

Paragraph (e) of 91.1037 however, has a sUght change in its addressing the 115% Rule 

for wet or slippery runways that differs greatly from Paragraph (d) of Part 135.385. I 

might also point out that Part 91.1037 (e) is cxxriously sequenced differently with relation 

to Part 135.385(d). 

Part 91.1037 (e) states that a Subpart K aircraft cannot be dispatched with an expected 

landing on a wet or slippery runway "unless the effective runway length at the 

destination airport is at least 115 percent of the runway length required under 

paragraph (b) or (c) of this section". Paragraph (b) being the 60% Rule and Paragraph 

(c) being the DAAP 80% Rule. 

According to the language used in this regulation the Subpart K operator is allowed to 

use a wet or slippery runway restricted only by what program it operates under. West 

Bend Air is approved to use the DAAP Program in its operational procedures. To my 

knowledge the Subpart K DAAP Program is identical to the Part 135 DAAP Program 

requirements used by West Bend Air. No additional training or special procedures are 

required for any Subpart K operator to use the DAAP Program, and yet West Bend Air, 

with the same DAAP program, same equipment and crew qualifications and training 

requirements are restricted to revert back to the 60% Rule when operating onto a wet or 

slippery runway even though we are DAAP qualified and trained in the same manner as 

our competitors. I'm not going to go so far as to call this governmental favoritism 

however it is interesting how the sequencing of the regulation is laid out in Part 91 

Subpart K only in this one particular area. 

With this petition. West Bend Air is respectfully requesting a permanent change to its Air 

Taxi Commercial Operators authorization to allow pilot crews that are qualified for the 

DAAP program to be able to utiHze either rule when dispatch requires operating onto a 

wet or slippery runway allowing us the same competitive advantage afforded the Subpart 

K operators by regulation. 

West Bend Air would prefer this entire request be used as a summary should it be 

necessary to place something in the Federal Registry. 

Thank you for your consideration. 

'est-Bend Au". 

John M. Morris 

Director of Operations