AFS-12-087-E December 1, 2011

Exemption No. 10399 Regulatory Docket No. FAA-2011-1249

Mr. Phil Krull Managing Director/COO Embraer Executive Aircraft, Inc.

1205 General Aviation Drive Melbourne, FL 32935

Dear Mr. Krull:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated November 9, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Embraer Executive Aircraft, Inc. (Embraer) for an exemption from § 47.65 and § 47.69(b) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Embraer to obtain a Deal er’s Aircraft Registration Certificate, AC form 8050-6, without meeting the U.S. citizenship requirements of Title 49 United States Code (U.S.C.) 40102(a)(15) and permit Embraer to conduct limited flights outside of

the United States under the certificate.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Embraer.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 5315 (copy enclosed), the

FAA found that the issuance of a Dealer’s Airc raft Registration Certificate would facilitate the petitioner’s operation by eliminating the requirement to obtain a certificate of2

registration for each aircraft and, thus, enable it to test, ferry, demonstrate, and deliver aircraft in a more timely manner. It would also benefit the FAA by reducing the number of applications for registration processed and certificates issued by the FAA.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Embraer Executive Aircraft, Inc., an exemption from:

a. Section 47.65 to the extent necessary to allow Embraer to obtain a Dealer’s

Aircraft Registration Certificate without meeting U.S. citizenship requirements. This exemption is effective immediately and remains in effect unless superseded or

rescinded. Embraer will be issued a Deal er’s Aircraft Registration Certificate upon receipt of a completed Application for D ealer’s Aircraft Registration Certificate and the required fee.

b. Section 47.69(b) to the extent necessary to permit the use of the Dealer’s Aircraft Registration Certificate to conduct limited flights outside the United States for the purpose of demonstrating, testing, selling, and marketing its aircraft, subject to the following conditions and limitations.

Conditions and Limitations

1. The aircraft must be owned by Embraer;

2. The aircraft must have a temporary registration number or an assigned registration number affixed as provided by 14 CFR part 45;

3. When the aircraft does not have a standard airworthiness certificate, permission of the host country (countries) must be obtained before flights to or through that country; and

4. Embraer shall maintain records of each international flight for a period of 1 year after the aircraft returns to the United States, such records consist of:3

a. Registration number and aircraft serial number;

b. Dates of departure and return to the United States; and

c. General overseas itinerary.

This exemption terminates on November 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards Service

Enclosure