AFS-13-380-E

Exemption No. 10846

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

WIRSCH CORP. Regulatory Docket No. FAA-2013-0417

 

for an exemption from § 47.65 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION

 By letter dated May 6, 2013, Mr. Santiago Fermin Wirsch, President, Wirsch Corp. 

(Wirsch), 2937 Bee Ridge Rd, Suite 2, Sarasota, FL 34239, petitioned the Federal Aviation 

Administration (FAA) on behalf of Wirsch for an exemption from § 47.65 of Title 14, Code 

of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Wirsch 

to obtain a Dealer’s Aircraft Registration Certificate, AC Form 8050-6 (dealer’s certificate),

without meeting the United States citizenship requirements as defined by 49 U.S.C. 

40102(a)(15).

The petitioner requests relief from the following regulation:

Section 47.65 prescribes that “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).”

The petitioner supports its request with the following information:

The petitioner states Wirsch is an American company engaged in aircraft leasing. The 

President is Brazilian and also Argentine. The fact that the President is not a United 

States citizen makes Wirsch ineligible for a dealer’s certificate because the President

does not meet the definition of a U.S. citizen.

According to the petitioner, Wirsch trades and leases aircraft with Brazilian customers 

who buy and lease used aircraft in the United States. The Brazilian Aviation Agency, 
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ANAC, has requested the dealer’s certificate for the import process of an aircraft. If 

the exemption is granted and Wirsch is issued a dealer’s certificate, it will be able to 

continue trading and leasing aircraft between the United States and Brazil. This would 

be good for both countries. 

The petitioner asserts that there is no reason that the grant of the exemption would 

affect safety. The exemption is to allow the petitioner who is a non-citizen of the 

United States to apply for a dealer’s certificate. 

 

 The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, and any 

delay in acting on this petition would be detrimental to Wirsch.

The FAA’s analysis is as follows:

The FAA has reviewed the petition of the Wirsch Corporation and finds that an applicant for a 

Dealers Aircraft Registration Certificate must be a “citizen of the United States” as defined in 

49 U.S.C. 40102(a)(15) and as required by 49 U.S.C. 44102. The Administrator of the FAA 

does not have the authority to grant an exemption from a statutory requirement.

Further, the FAA is unable to verify that Wirsch has an established place of business at the 

address given. Wirsch gave its address as 2937 Bee Ridge Rd., Ste. 2, Sarasota, FL 34249, in

the petition for exemption. While performing research for this exemption request, the Articles 

of Incorporation for Wirsch were viewed on the State of Florida website. The document lists 

the principal place of business address and the mailing address of Wirsch as that given in its

petition for exemption. The document also shows the same address for the corporation’s

registered agent, Brian Palmer. After conducting additional research, the FAA also found the 

address to be the business address for “Brian Palmer, CPA.” 

The petitioner asserts that Wirsch is an American company engaged in airplane leasing. The 

company trades and leases airplanes with Brazilian customers who buy and lease used aircraft

in the United States. However, no information was provided to indicate that Wirsch is 

substantially engaged in the manufacturing or selling of aircraft. A search of the Aircraft 

Registration database of records for the last ten years found no evidence of ownership, e.g., 

bill of sale, had been filed to indicate Wirsch as a seller or purchaser, nor was Wirsch found to 

have any aircraft registered in its name. These findings do not corroborate that Wirsch is

engaged in the sale of U.S. aircraft. 

Section 47.69(d) of 14 CFR part 47 prescribes that the dealer’s certificate can be used only in 

connection with aircraft on certain types of flight, stating in part, “on a flight that is – (1) For 

required flight testing of aircraft; or (2) Necessary for, or incident to, sale of the aircraft.” 

This section specifically limits the use of a dealer’s certificate to manufacturer’s flight testing 

and flights relevant to the sale of an aircraft. “Part 47 Subpart C – Dealers’ Aircraft 

Registration Certificate” does not address the use of dealer’s certificates for any other 
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purposes, e.g., aircraft leasing. The FAA has determined the issuance of these certificates is 

limited to manufacturers and those engaged in the sale of aircraft.

Finally, § 47.61(b) states in part, “A Dealer’s Aircraft Registration Certificate is an alternative 

for the Certificate of Aircraft Registration issued under Subpart B of this part.” The issuance 

of a dealer’s certificate is not an indication that FAA has vetted or sanctioned the dealership. 

The request by the Brazilian Aviation Agency, ANAC, was not a determining factor in the 

decision making for this exemption. 

The FAA’s Decision:

 In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 

and 44701, delegated to me by the Administrator, the petition of Wirsch Corp., for an

exemption from 14 CFR § 47.65 is hereby denied. 

Issued in Washington, D.C., on August 14, 2013.

/s/

John M. Allen

Director, Flight Standards Service