AFS

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- E Exemption No. 10846

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

WI RSCH CORP. Regulatory Docket No. FAA

- 20 13

- 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 requi rements as defined by 49 U.S.C. 40102(a)(15).

The pet itioner 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 establis hed 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 infor mation:

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

President is Brazilian and also Argentine. T he 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 trade s and leases aircraft with Brazilian customers who buy and lease used aircraft in the United States. The Brazilian Aviation Agency,2

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 fo r both countries.

The petitioner asserts that there is no reason that the grant of the exemption w ould 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.

T he 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 anal ysis 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, t he FAA is unable to verify that Wirsch has an established place of business at the address given. Wirsch gave its addres s as 2937 Bee Ridge Rd., Ste. 2, Sarasota, FL 34249

, in the petition for exemption. Wh ile performing research for this exemption request

, t he Articles of Incorporation for Wirsch were viewed on the State of Florida website. The document lists the princip al 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 f ound 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 trade s and leases airplanes with Brazilian customers who buy and lease used aircraft

in the United States. However, n o information was provided to indicate that Wirsch is substantially engaged in the manuf acturing or selling of aircraft. A search of the Aircraft Registration database of records for the last ten years found no evidence o f 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.

Sect ion 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 i ncident to, sale of the aircraft.”

This s ection 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 other3

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 pa rt, “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 dealer s hip

. 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

pu blic 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