June 15,2011 '^^ ' ipTiTr'' ^ ^ eikJi^EiAee s 

GCF-June/2011-1/1 ^r^'^lWi;- . . - ^ E M BRA E R 

Embracr Executive Aircraft, LLC 

- 9 _3 ' '"'• 11 C l205Gnieral Aviaiion Dnve 

• ' Melbourne. FL 32935 

Phone: (321)426-2600 

Fw: (32U25Q-706O 

US Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Subject: Petition for Exemption to 14 CFR Sections 47.65 and 47.69(b) 

Gentlemen: 

As allowed by 14 CFR § 11.61(b), enclosed please find a petition from Embraer 

Executive Aircraft LLC for exemptions to the requirements of: (i) 14 CFR §47.65 that 

the holder of a Dealer's Aircraft Registration Certificate, AC Form 8050-6, must be a 

citizen of the United States, as defined by 49 U.S.C. § 40102(a)(15), and (ii) 14 CFR 

§ 47.69(b) that the holder a Dealer's Aircraft Registration Certificate, AC Form 8050-6, 

must comply with certain geographic operating limits for flights conducted under the 

certificate. 

Best Regards. 

PhilKrull 

Managing Director 

Enclosure 

c.c: FAA - Orlando MIDO 
Summary 

Petitioner: Embraer Executive Aircraft LLC ("EEA") 

Sections of the Regulation Affected: 14 CFR §§ 47.65. 47.69(b) 

Description of Relief Sought: Exemptions from 14 CFR §§ 47.65 and 47.69(b) of the 

Federal Aviation Regulations (FARs) to permit EEA to obtain a Dealer's Aircraft 

Registration Certificate, AC Form 8050-6, without meeting the United States citizenship 

requirements, and to permit EEA to conduct limited flights outside of the United States 

under the certificate. 
EEA respectfully submits this petition for an exemption from the requirement of: (i) 14 

CFR § 47.65 that the holder of a Dealer's Aircraft Registration Certificate, AC Form 

8050-6 ("Dealer Certificate") must be a citizen of the United States, as defined in the 

applicable legislation, and (ii) 14 CFR § 47.69(b) that the holder of a Dealer Certificate 

must operate aircraft subject to certain geographic operating limits. The requested 

exemptions would permit EEA to obtain a Dealer Certificate without meeting the United 

States citizenship requirements and to permit EEA to conduct limited flights outside of 

the United States under the Dealer Certificate. 

Text of the Requirements for which exemption is sought 

14 CFR §47.65 "Eligibility" 

To be eligible for a Dealer's Aircraft Registration Certificate, AC Form 8050-6, the 

applicant must have an established place of business in the United States, must be 

substantially engaged in manufacturing or selling aircraft, and must be a citizen of the 

United States, as defined by 49 U.S.C. § 40102 (a)(15). 

14 CFR § 47.69 "Limitations" 

A Dealer's Aircraft Registration Certificate, AC Form 8050-6 is valid only in connection 

with use of aircraft [...] (b) [w]ithin the United States, except when used to deliver to a 

foreign purchaser an aircraft displaying a temporary registration number and carrying an 

airworthiness certificate on which that number is written. 

Background 

EEA is a Delaware limited liability company, organized in 2008 and validly existing 

under the laws of the State of Delaware and is authorized to do business in the State of 

Florida, is as a wholly-owned subsidiary of Embraer Aircraft Holding, Inc., a Delaware 

corporation, which in turn, is a wholly-owned subsidiary of Embraer S.A., an entity 

established and existing under laws of Brazil. 

EEA was formed for the principal purpose of setting up a facility in Melbourne, Florida 

for the assembly and completion of light and medium sized jet aircraft, and the 

subsequent sale of aircraft assembled at the facility. 

EEA is currently working with the FAA's Aircraft Certification Service to obtain a 

production certificate issued under Subpart G of 14 CFR part 21 for its assemble and 

completion facility in Melbourne, Florida, where it will assemble Embraer EMB-500 and 

EMB-505 (Phenom 100 and Phenom 300 respectively) aircraft. 

EEA meets the requirements of FAR § 47.65, other than the "citizen of the United 

States" requirement as defined in 49 U.S.C. §40102(a)(15). EEA is therefore 

requesting an exemption from that requirement. 
If granted a Dealer Certificate, EEA desires to conduct limited ftights outside the United 

States under its certificate for the purpose of demonstrating, testing, and selling aircraft, 

and marketing its aircraft to international customers. EEA is therefore requesting an 

exemption from FAR § 47.69(b) to conduct international flights under its Dealer 

Certiflcate for demonstration, test, sales and marketing purposes. 

EEA offers the following explanation in support of its requests for exemption, as well as 

and explanation of why granting such exemption is in the public interest, as required by 

14CFR§11.81. 

Grounds Supporting Exemptions 

Citizenship 

FAR §47.65 requires an applicant for a Dealer Certificate to be a U.S. Citizen as 

defined in 49 U.S.C. §40102(a)(15). In 1980, the FAA revised the requirement for 

aircraft registrations other than for a dealer registration to permit resident aliens and 

eligible non-citizen corporations to register aircraft in the United States. The citizenship 

requirement for dealer certificates was not revised at that time. 

The granting of this petition would eliminate the administrative burden for EEA to make 

applications for registration for individual aircraft assembled at the Melbourne, Florida 

facility, and for the Federal Aviation Administration ("FAA") to process registration 

applications for each individual aircraft as it is assembled. Without this exemption, each 

aircraft would have to be initially registered by EEA pursuant to an exemption that 

allows registration without citizenship, and subsequently registered again by the 

customer after delivery of the aircraft. The flight test and demonstration for each aircraft 

would be delayed while awaiting this initial registration. These types of difficulties are 

the reason that dealer registrations exist. 

If the exemption sought herein is not granted, aircraft assembled by EEA and to be sold 

would be operated under EEA's registration for a period of a few days to a couple 

weeks before the registration process would have to be repeated at the time of 

customer delivery. If EEA obtains a Dealer Certificate, the first registration would not be 

necessary and would save the FAA the burden of processing many dozens of 

applications a year. 

International Flights 

The aircraft to be assembled at the Melbourne, Florida facility by EEA will be used by 

and marketed to operators around the wortd. As a result, EEA will often be called upon 

to perform international demonstration flights in order to display the capabilities of the 

aircraft for prospective customers prior to sale, and as well as international test flights 

and fiights to trade shows in international locations. 

FAA Precedents 
The exemptions requested by EEA are completely consistent with prior exemptions 

granted by the FAA. 

The FAA has granted exemptions from § 47.65 when dealers could satisfy all 

requirements under §47.65 other than the U.S. citizenship requirements (Exemptions 

number 5259, 9673 and 10115). 

The FAA has also granted exemptions from § 47.69(b) so that dealers could perform 

international flights (Exemptions number 7241, 9510 and 9682). 

Finally, the FAA has granted exemptions covering both § 47.65 and § 47.69(b) when a 

dealer requests an exemption from both provisions in the same petition (Exemption 

number 9292). 

Effect of the Exemptions on Safety 

The granting of these exemptions to allow a US company considered a foreign citizen to 

utilize the administrative benefits of a dealer's aircraft registration certificate and operate 

aircraft for limited international fiights does not directly or indirectly involve safety related 

matters. The exemptions will not affect the level of safety currently required by the 

FAA's rules and regulations. The same requirements for airworthiness, pilot qualiflcation 

and training, and operations are applicable to non-U.S. citizen dealers and U.S. citizen 

dealers, so the granting of this exemption clearly would have no effect on safety. 

Issue of Public Interest 

Denial of this petition would require EEA to make applications for individual aircraft and 

for the FAA to process the registration for each aircraft as it is produced. The 

elimination of this administrative cost on both EEA and the FAA is in the public interest. 

In addition, the denial of this petition would increase the amount of time that an 

otherwise completed aircraft would be parked awaiting initial registration. The additional 

financial cost of having an othenwise productive asset out of service, with no 

corresponding benefit in safety, is not in the public interest. 

Moreover, EEA final assembly and completion facility in Melbourne, Florida, will employ 

up to 200 people from the area, with a beneficial economic multiplier effect, which is in 

the public interest for the Florida community. 

Request to Forego Publication in the Federal Register 

Because the granting of this petition would not set a precedent and is identical in all 

relevant aspects to previously granted exemptions, EEA requests that the FAA forego 

publication of a summary notice of this petition in the Federal Register. EEA filed this 

petition as soon as the need for the exemption was identified. EEA plans to initiate 

deliveries from our Melbourne facility by October, 30, 2011. A delay in processing this 

petition to allow for Federal Register publication would likely require the early production 

airplanes to be individually registered two times: prior to the production fiight test and 
prior to delivery to the customer. This would create unavoidable delivery delays, with an 

adverse effect on both EEA and the affected customers. 

Operations Outside the United States 

As stated above. EEA desires to periodically fiy aircraft using its Dealer Certificate 

outside the United States for demonstration, sales, marketing and testing. 

The granting of this petition would not create a noncompliance with the standards of 

ICAO Annexes 7 and 8, so EEA sees no need for the FAA to file any difference with 

ICAO. As stated in Exemption 9682 (page 2), the FAA "has determined that the use of a 

U.S. Dealer's Aircraft Registration Certificate outside the United States is consistent 

with the registration standards of [ICAO]". 

In addition, EEA would agree to the requirements that have been applied to previous 

exemption recipients' international flights: (1) the aircraft will be owned by EEA; (2) the 

aircraft will have a temporary or assigned registration number property affixed; (3) when 

an aircraft does not have a standard or transport ainworthiness certificate, EEA will 

obtain host country/ies approval beforehand; and (4) EEA will maintain records of each 

international flight for one year after the aircraft returns to the United States, with the 

registration number and msn, dates of departure from and return to the United States 

and a general overseas itinerary. In addition, EEA will carry a copy of the exemption in 

each aircraft operated outside the United States. 

Conclusion 

In consideration of the foregoing, EEA requests; 

a. an exemption from FAR § 47.65 to the extent necessary to obtain a Dealer 

Certiflcate without meeting U.S. citizenship requirements; and 

b. an exemption from FAR § 47.69(b) to the extent necessary to permit the use of 

the issued Dealer Certificate outside the United States for demonstrating, testing, 

selling and marketing its aircraft. 

As demonstrated above, the exemptions requested by EEA are consistent with 

exemptions the FAA has issued in the past. Please feel free to contact me if you would 

like to discuss any aspect of this petition. 

Sincerely yours, 

L. 

Phil Krull 

Managing Director