81 FR 75477 - Petition for Exemption; Summary of Petition Received; Pentastar Aviation Charter, Inc.

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 210 (October 31, 2016)

This notice contains a summary of a petition seeking relief from specified requirements of Title 14 of the Code of Federal Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Page 75477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26238]



[[Page 75477]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2016-98]


Petition for Exemption; Summary of Petition Received; Pentastar 
Aviation Charter, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief 
from specified requirements of Title 14 of the Code of Federal 
Regulations. The purpose of this notice is to improve the public's 
awareness of, and participation in, the FAA's exemption process. 
Neither publication of this notice nor the inclusion or omission of 
information in the summary is intended to affect the legal status of 
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket 
number and must be received on or before November 21, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-5027 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dale Williams (202) 267-4179, Office 
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue 
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 25, 2016.
Dale A. Bouffiou,
Deputy Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-5027.
    Petitioner: Pentastar Aviation Charter, Inc.
    Section(s) of 14 CFR Affected: 135.25 (b)(c).
    Description of Relief Sought: Pentastar Aviation Charter, Inc. 
(Pentastar) seeks exemption from Sec.  135.25 (b), which requires a 
part 135 certificate holder to have the exclusive use of at least one 
aircraft that meets the requirements for at least one kind of operation 
authorized in its operations specifications. In addition, Pentastar 
seeks exemption from Sec.  135.25 (c), which specifies that, for the 
purposes of Sec.  135.25 (b), a person has exclusive use of an aircraft 
if that person has the sole possession, control, and use of it for 
flight, as owner, or has a written agreement (including arrangements 
for performing required maintenance), in effect when the aircraft is 
operated, giving the person that possession, control, and use for at 
least 6 consecutive months. In addition, the FAA notes that an 
exemption from Sec.  135.419 may be relevant to the disposition of this 
petition. Section 135.419 states that the FAA Administrator may require 
or allow an approved aircraft inspection program for any make and model 
aircraft of which the certificate holder has exclusive use of at least 
one aircraft (as defined in Sec.  135.25(b)).
    Pentastar operates under part 135 as an eligible on demand air 
carrier under Certificate No. UG8A235J, which was issued initially in 
1999. Pentastar currently operates 8 turbo jet aircraft and one Cessna-
172 aircraft, all of which are leased aircraft. Pentastar retains 
responsibility for all maintenance of the aircraft on its part 135 
certificate through its part 145 repair station (No. BTVR626C). None of 
these aircraft are operated under part 91K, however, all aircraft are 
operated under part 91 by owners when not in use by Pentastar. 
Pentastar is currently in compliance with Sec. Sec.  135.25 (b) and (c) 
by leasing a C-172 aircraft. Pentastar maintains this aircraft on its 
part 135 operations specifications although it has never utilized this 
aircraft for on demand operations. The petitioner contends that a grant 
of exemption would provide an equivalent level of safety because all 
the aircraft utilized in actual on demand operations under its part 135 
certificate would remain the same.

[FR Doc. 2016-26238 Filed 10-28-16; 8:45 am]
 BILLING CODE 4910-13-P