[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Notices]
[Pages 6307-6309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1087]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2005-20109]


Proposed Grant of Exemption; Ameriflight, Inc.

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice; Request for comments.

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SUMMARY: This notice contains the text of a proposed grant of exemption 
from specified requirements of 14 CFR. The purpose of this notice is to 
improve the public's awareness of, and participation in, this aspect of 
the FAA's regulatory activities. Neither publication or this notice nor 
the inclusion or omission of information in the text of the proposed 
exemption is intended to affect the legal status of the petition or its 
final disposition.

DATES: Comments must be received on or before March 9, 2006.

ADDRESSES: You may send comments [identified by Docket Number FAA-2005-
20109] using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Governmentwide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Katherine Perfetti, Air Transportation 
Division, Flight Standards Service, Room 831, 800 Independence Avenue, 
SW., Washington, DC 20591, telephone: (202) 267-3760, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION

Comments Invited

    The FAA invites interested persons to submit written comments, 
data, and views on the agency's analysis contained in the proposed 
grant of exemption contained below. The most helpful comments reference 
a specific portion of the analysis, explain the reason for any 
recommended change, and include supporting data. We ask that you send 
us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed grant of exemption. The docket is available 
for public inspection before and after the comment closing date. If you 
wish to review the docket in person, go to the address in the ADDRESSES 
section of this notice between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. You may also review the docket using 
the Internet at the Web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.).
    You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78) or you may visit 
http://dms.dot.gov. Before acting on this proposal, we will consider 
all comments we receive on or before the closing date for comments. We 
will consider comments filed late if it is possible to do so without 
incurring expense or delay. We may change this proposal in light of the 
comments we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

The Proposal

    On January 13, 2005, Mr. John W. Hazlet, Jr., Vice President of 
Flight, Ameriflight, Inc. (Ameriflight) petitioned the FAA for relief 
from Sec.  119.3 of Title 14, Code of Federal Regulations (14 CFR) to 
allow Ameriflight to operate certain EMBRAER Brasilia EMB-120 (EMB-120) 
airplanes with a maximum payload capacity greater than 7,500 pounds in 
all-cargo service under part 135 rather than part 121. This petition 
was denied on February 4, 2005, because Ameriflight sought to comply 
with certain sections of part 121 instead of complying with all the 
applicable sections of 121. In addition, Ameriflight did not show how 
its situation was different from the general class of regulated 
entities. On March 22, and April 5, 2005, Ameriflight petitioned the 
FAA for a reconsideration of Denial of Exemption No. 8480. The FAA has 
reconsidered its position and is considering granting Ameriflight's 
petition. The FAA is publishing the text of this proposed grant for 
comment because the increase in the payload capacity for all-cargo 
operations is a change to the basic applicability standards contained 
in part 119 and could potentially have broader applicability to other 
all-cargo operations. Further, the part 125/135 Aviation Rulemaking 
Committee (ARC) has submitted a recommendation on this subject. That 
recommendation has broader applicability and higher payload capacity 
limits than proposed by Ameriflight. The ARC recommendation is 
currently under consideration by the FAA for general rulemaking action. 
Although elements of the ARC's recommendation were considered in the 
FAA's analysis of this petition, the FAA's decision to grant this 
exemption is based solely on the merits of Ameriflight's petition. The 
entire content of the proposed grant of exemption, including the FAA's 
analysis and conditions and limitations of the grant follows:

[[Page 6308]]

The Petitioner Requests Relief From the Following Regulation

    Section 119.3 prescribes, in pertinent part, that an on-demand 
operation means any operation for compensation or hire that is an all-
cargo operation conducted with airplanes having a payload capacity of 
7,500 pounds or less.

The Petitioner Supports Its Request With the Following Information

    The petitioner presents additional information to serve as the 
basis for a Grant of Exemption. The petitioner incorporates the 
recommendation of February 24, 2005, Part 125/135 Aviation Rulemaking 
Committee's (ARC) Steering Committee, ``Applicability 32'' with one 
dissenting vote from the Air Line Pilots Association (ALPA). 
(Hereafter, Recommendation Document.)
    Ameriflight states that the Recommendation Document proposes to 
increase the maximum payload for part 135 cargo-only operations from 
the current 7,500-pound limit to 18,000 pounds, subject to certain 
requirements intended to provide an equivalent level of safety.
    The Ameriflight petition includes equipment, maintenance, and 
training requirements, which Ameriflight states provide a compelling 
argument in favor of a Grant of Exemption. This includes a requirement 
for a Sec.  135.411(a)(2), Continuous Airworthiness Maintenance 
Program, which Ameriflight states essentially parallels requirements 
for part 121 supplemental operations.
    The petitioner presents the following information. First, 
Ameriflight states that it is requesting a payload increase only to 
allow the difference between basic operating weight, plus the crew, and 
the aircraft's certificated maximum-zero fuel weight. Ameriflight 
states the greatest weight difference this exemption would permit is 
only 633 pounds above the current 7,500-pound payload standard.
    Ameriflight states that it has accumulated more than 18,000 hours 
in the EMB-120 in all-weather operations. This has been accomplished 
with perfect safety, while operating seven EMB-120 airplanes with a 
reduced payload capacity under part 135.
    Ameriflight states that it is also important to note that it is 
permitted to, and in some cases does, carry the additional weight 
increment for which Ameriflight is petitioning as fuel, rather than 
payload. Ameriflight states that there is clearly no safety issue, 
because this total aircraft weight is within the airplanes' 
certificated maximum weight limits.
    A summary of the petition was published in the Federal Register on 
May 16, 2005 (70 FR 25874). One comment was received.
    The Air Line Pilots Association, International (ALPA) is opposed to 
granting the Petition for Reconsideration. ALPA also opposes taking 
part 121 turbo-propeller aircraft out of part 121 by increasing the 
weight from 7,500 pounds and allowing them to operate in part 135.
    ALPA supports the FAA's original denial in which the FAA stated 
that picking and choosing isolated sections from each part to comply 
with would not provide an equivalent level of safety. Additionally, 
ALPA disagrees with Ameriflight's claim that a major, significant 
change has taken place since the filing and denial of the original 
Petition for Exemption. ALPA asserts that nothing has changed except an 
opinion vote on a recommendation document in the 135 ARC. Furthermore, 
there have been no studies or analyses completed concerning the 
proposed changes.

The FAA's Proposed Analysis Is as Follows

    In reviewing the Reconsideration of Denial of Exemption No. 8480, 
the FAA has fully evaluated all of Ameriflight's supportive information 
and the opposing comments submitted by ALPA.
    The FAA finds for the reasons presented below, the proposed 
exemption would be in the public interest. First, this exemption meets 
the equivalent level of safety standard. This exemption is limited to 
Ameriflight's all-cargo operations in EMB-120 airplanes. This exemption 
is limited to an increase of 633 pounds payload capacity above the part 
135 standard of 7,500 pounds and it does not increase the maximum 
certificated takeoff weight of the airplane.
    These airplanes must be equipped with an operable cockpit voice 
recorder (CVR), flight data recorder (FDR), traffic alert and collision 
avoidance system (TCAS), ground proximity warning system (GPWS) and 
autopilot navigation. This equipment provides an equivalency to part 
121 supplemental operations and exceeds part 135 requirements for 
passenger or all-cargo operations.
    The FAA notes that Ameriflight, in its original petition of January 
13, 2005, proposed to conduct operations in which Ameriflight would 
utilize the services of a chief inspector and a director of quality 
control. Ameriflight proposed that the chief inspector report to a 
director of quality control. Ameriflight offered to use a voluntary 
required inspection item process. Ameriflight states that it would 
accept these practices as a condition upon which a grant of the 
proposed exemption would be predicated. The FAA finds that Ameriflight 
must meet the requirements of Sec.  135.411(a)(2) as a condition and 
limitation of this grant.
    Ameriflight does not address part 121 flight following in its 
petition. The FAA finds that the flight locating requirements of 135 do 
not provide an equivalent standard to part 121. Ameriflight must 
institute a flight following program equivalent to that as specified in 
Sec.  121.125 as a condition to this grant. This will ensure adequate 
monitoring of each flight.
    The FAA points out that the Ameriflight petition discussed 
transition and initial cadre considerations. Ameriflight stated that if 
this exemption is granted, its employees will need additional training. 
It proposed that flight crewmembers, flight instructors, check airmen, 
flight following personnel, mechanics, and inspectors qualified under 
Ameriflight's previous authorizations in the same type of aircraft will 
have to satisfactorily complete a training program acceptable to the 
Administrator addressing any differences associated with the increased 
weight or additional equipment installed on the aircraft.
    Although not noted by Ameriflight, these seven airplanes could be 
operated in a passenger configuration in on-demand service under part 
135 if they were properly converted. The removal of passenger seats and 
furnishings increases the payload capacity to above 7,500 pounds. It 
should be noted, however, that the FAA does not intend to increase the 
7,500-pound payload capacity applicability standard for on-demand 
passenger service under part 135; nor does it intend to change the 10 
or more passenger seat part 121 applicability standard for scheduled 
passenger service.
    Second, this exemption serves the public interest by more 
efficiently meeting market demands with a high degree of safety. 
Ameriflight has presented a convincing case that there is an ever-
increasing demand for cargo operations of this size and classification 
of aircraft. Ameriflight would satisfy that market need with fewer 
flights than would be necessary under the weight limits of part 135. 
Fewer operations provide an environmental incentive through the saving 
of fuel, reducing air traffic, and reducing exposure to risk. 
Ameriflight holds an air carrier certificate under part 119 to operate 
all-cargo operations under part 135. It is

[[Page 6309]]

currently operating seven EMB-120 airplanes under part 135 complying 
with the 7,500 pounds payload capacity limit. Ameriflight has 
accumulated over 18,000 hours of all-cargo operations in these 
airplanes. The FAA finds that an equivalent level of safety can be 
maintained because of Ameriflight's safe operation of this aircraft in 
all-cargo operations, use of a two pilot crew, use of a part 25 
certificated airplane, newer technology and the conditions and 
limitations specified in this grant.
    Third, in response to ALPA's comment that this exemption will 
result in airplanes moving from part 121 to part 135, the FAA finds 
that Ameriflight is somewhat unique in its circumstances. Although it 
is possible for some aircraft to move from 121 to 135 operations, this 
transition is limited by the total number of available EMB-120 aircraft 
and the number of EMB-120 aircraft configured for all-cargo operations. 
There are only two operators operating a total of three EMB-120 
airplanes in all-cargo operations under part 121. Additionally, there 
are three operators, including Ameriflight, operating a total of 11 
EMB-120 airplanes in an all-cargo operation under part 135. There is a 
limited population of airplanes that are, or could potentially be, 
retired from scheduled passenger service that could be reconfigured for 
use in an all-cargo operation. The FAA recognizes that other companies 
in similar situations could petition for an exemption; however, the FAA 
would consider each petition on its own merits.
    Fourth, the FAA finds that if Ameriflight is ``picking and 
choosing'' the regulations it wishes to follow, it has done so 
judiciously. The maintenance, equipment, training and flight locality 
required by conditions and limitations in this grant of exemption will 
ensure the equivalency to part 121, supplemental operations. 
Ameriflight has conducted all-cargo operations for more than 36 years. 
It currently has a fleet comprised of 180 aircraft and has accumulated 
over 350,000 flight-hours under part 135. It currently has seven EMB-
120 aircraft and has accumulated over 18,000 hours and 15,000 landings 
in those airplanes. This experience adds considerable merit to this 
grant of exemption.
    Ameriflight cited as part of its petition the Recommendation 
Document submitted by the Part 135/125 Review ARC. While that 
documentation has been formally sent to the FAA and is currently being 
reviewed, this grant of exemption stands on its own merit as presented 
by Ameriflight, not on the basis of the justification or recommendation 
for general rulemaking by the ARC.

Proposed Conditions and Limitations

    1. Prior to conducting operations under this exemption, Ameriflight 
must obtain amended operations specifications that include this 
exemption.
    2. Operations under this exemption are limited to EMB-120ER 
airplanes modified into dedicated freighters under STC00598WI, or 
Embraer's own factory-dedicated freighter conversion.
    3. A copy of this exemption must be carried on board each EMB-120ER 
airplane operated under this exemption.
    4. EMB-120ER airplanes operated under this exemption must be 
maintained in accordance with the maintenance requirements set forth in 
Sec.  135.411(a)(2).
    5. Ameriflight must institute a flight following program in 
accordance with Sec.  121.125.
    6. The increase in payload capacity, in excess of 7,500 pounds, is 
limited to 633 pounds. Ameriflight must compute the increase in weight, 
in excess of 7,500 pounds by determining the difference between the 
certificated Maximum Zero-Fuel Weight and the actual Empty Operating 
Weight plus crew weight.
    7. All operations conducted under this exemption must be conducted 
with EMB-120ER airplanes that are equipped with an operable CVR, FDR, 
TCAS, GPWS, and autopilot.
    8. Prior to conducting any operations under this exemption, 
Ameriflight must amend its approved training program, in a manner 
acceptable to its principal operations inspector, to include training 
with the additional equipment listed in Condition and Limitation No. 7 
and any other differences.

    Issued in Washington, DC on February 1, 2006.
Thomas K. Toula,
Manager, Air Transportation Division.
[FR Doc. 06-1087 Filed 2-6-06; 8:45 am]
BILLING CODE 4910-13-P