November 13, 2013

A&C-13-313

U.S. Department of Transportation

Docket Operations, M-30

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, D.C. 20590

Subject: Gulfstream Aerospace Corporation – Petition for Exemption from 14 CFR 61.75(d) and 

61.117 with regard to foreign pilot operations on Gulfstream Airplanes

Reference: 1) “The Boeing Company” Exemption No. 10871A, docket FAA-2013-0221

Dear Sir or Madam:

Gulfstream Aerospace hereby petitions the Federal Aviation Administration for relief from 14 CFR 

61.75(d) and 61.117 as these would apply to foreign licensed Civil Aviation Authority (EASA) pilots 

conducting flight operations as second-in-command on an N-registered airplane.

Gulfstream requests FAA’s earliest review and consideration of this petition in light of immediate 

precedents, including that of a Grant provided to “The Boeing Company” under Exemption No. 10871A, 

docket FAA-2013-0221. Due to this precedent, Gulfstream believes that expedited review and Granting 

of the requested exemption is warranted without a delay for publication of a public summary and 

subsequent public review. Gulfstream’s approach is fully consistent with that of Boeing and is 

compelling for the same reasons – a direct precedent clearly exists, so this petition does not impose 

and new or unprecedented approach.

Gulfstream is planning to conduct OEB (Operations Evaluation Board) fight beginning December 9, 

2013 on Gulfstream G280 serial number 2003. This airplane is owned and operated by Gulfstream 

Aerospace Corporation. Certain EASA transport licensed and instrument qualified pilots will be 

participating.

Regulation from which relief is requested:

Sec. 61.75, specifically:

...

d) Instrument ratings issued. A person who holds an instrument rating on the foreign pilot license issued 

by a contracting State to the Convention on International Civil Aviation may be issued an instrument 

rating on a U.S. pilot certificate provided:]

...

(2) Within 24 months preceding the month in which the person applies for the instrument rating, the 

person passes the appropriate knowledge test; 

Note: it is the instrument proficiency tests that Gulfstream requests relief from primarily; the pilots who 

will be performing this function will be qualified by their own authorities.

Sec. 61.117:
Private pilot privileges and limitations: Second in command of aircraft requiring more than one pilot.

Except as provided in Sec. 61.113 of this part, no private pilot may, for compensation or hire, act as 

second in command of an aircraft that is type certificated for more than one pilot, nor may that pilot act 

as second in command of such an aircraft that is carrying passengers or property for compensation or 

hire.

[Amdt. 61-102, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40904, July 30, 1997]

Applicable models / Purpose:

Gulfstream foresees that this relief may well be needed in the future on other Gulfstream types as well, 

so this petition requests relief for all mid / super-mid-sized cabin models: G100, G150, G200 and G280.

The purpose of this petition for exemption is to provide a means for pilots of Foreign Civil

Aviation Authorities (FCAA) and appropriately licensed and rated customers to accomplish validation 

and demonstration flights on U.S.-registered aircraft of this type under Gulfstream’s engineering and 

demonstration flight department oversight.

In the Public Interest:

Gulfstream believes that granting this requested exemption would benefit the public as a whole. 

Gulfstream is a major manufacturer of transport category aircraft used by operators around the world 

and employs thousands of people here in the United States. Gulfstream’s ability to market and sell 

aircraft outside of the United States is dependent on the demonstration of our aircraft to foreign flight 

crews from around the world, and gaining foreign approval of our type designs, which, in part, 

necessarily includes flight demonstration to the flight crews of various foreign airworthiness authorities. 

Granting of the requested exemption will create a means by which foreign-licensed pilots may obtain 

approval to act as flight crewmembers on U.S.-Registered civil aircraft owned and operated by 

Gulfstream. A Grant of this exemption will assure that Gulfstream may adequately demonstrate, market 

and obtain airworthiness approval by appropriately licensed and rated pilots.

ln addition to enhancing Gulfstream's ability to employ U.S. citizens, granting of the requested 

exemption also would favorably support a positive effect on the balance of trade for

the United States through increased sales to foreign operators.

Level of Safety:

Gulfstream believes that granting the requested exemption will not adversely affect the level of safety 

as intended by compliance with strict compliance with 14 CFR Sections 61.75(d)(2) and 61.117. The 

pilots to which the requested exemption will be applied must hold an appropriate transport pilot's 

license and Class l Medical certificate issued by the airworthiness authority of every affected pilot's own 

authority, including that they must be contracting States to the Convention on International Civil 

Aviation. 

Those pilots will also be required to provide evidence of appropriate flight and ground instruction and 

recent flight experience. All flights will be conducted under the supervision of a qualified Gulfstream 

company pilot-in-command.

Eligible Pilots:
Gulfstream can provide names of each participant. However, it is recognized that over time this list will 

not remain settled but would have to be amended each time. Accordingly, Gulfstream proposes to 

record the names and credentials of participating pilots for FAA review as-needed.

Gulfstream anticipates an early submission of this petition via electronic submittal in the Federal Docket 

Management System at www.regulations.com. However, please consider this our petition without delay 

as it does not set a precedent, and Gulfstream believes it has been shown to not compromise safety for 

the reasons cited above. Gulfstream’s intent is further in agreement with FAA’s approach as provided 

in the Grant to Boeing by exemption 10871A.

Further equivalency / agreement with the approach granted to Boeing (precedential):

- That the exemption would apply only to those models cited herein

- The intended privileges are to allow an appropriately-rated foreign pilot to exercise the 

privileges requested herein under Gulfstream’s flight operations oversight;

- The exemption holder must hold a letter from the overseeing U.S. FAA Flight Standards District 

Office (FSDO that indicates approval of each intended foreign pilot who will be operating as defined 

herein.

- Each foreign pilot who is to exercise these privileges and is accordingly approved by the FSDO 

and listed by that letter must also apply for a Private Pilot’s license in accordance with § 61.75. 

Accordingly, any person authorized by the Administrator to issue a § 61.75 certificate may be allowed to 

place an instrument rating on the certificate without further showing, i.e. the knowledge test normally 

required by § 61.75. In lieu of that requirement, the person issuing the certificate with an instrument 

endorsement must include the following statement:

“Instrument rating privileges are valid only for use under the privileges of Exemption ________ (as 

granted).”

Further, Gulfstream recognizes and will agree to the following:

All flight operations using the privileges of this exemption are limited to flights for sales demonstration 

purposes; the privileges of this exemption may not be used for operations that involve:

a. Delivery of an aircraft;

b. Maintenance or manufacturing flight testing;

c. Flights operated under a special airworthiness certificate in the experimental category other than for 

the purpose of sales demonstration and flight evaluations conducted by a foreign civil aviation authority; 

or,

d. Flights operated for the purpose of crew training.

6. Gulfstream must be in full operational control of any aircraft operated using this privileges of this 

exemption.

7. The pilot-in-command (PIC) of any flights operated using the privileges of this exemption must:

a. Hold a valid U.S. commercial pilot certificate or airline transport pilot certificate with the appropriate 

type rating

b. Hold a valid U.S. first- or second-class medical certificate

c. Be directly employed by Gulfstream, and,

d. Must remain the PIC for the duration of the flight.

8. The person acting as SIC of any flights operated using the privileges of this exemption must:

a. Be an authorized representative of a legitimate potential purchaser of the type aircraft being flown, or 

representative civil aviation authority;
b. Hold a valid pilot certificate issued by an International Civil Aviation Organization (ICAO)-member 

state to include:

1. Commercial pilot certification (or equivalent) with instrument and multi-engine ratings, or,

2. Airline transport pilot certification (or equivalent) with a multi-engine rating

c. The certificates identified in 8(b) must be in the English language, or must be accompanied by 

documentation in the English language translating certification, privileges, and validity of those 

certificates.

d. Holds a valid medical certificate issued under 14 CFR 67, or a medical certificate issued by the 

ICAO-member state that issued the person’s foreign pilot certificate identified in 8(c).

9. Except as provided in Condition/ Limitation 10, all flight operations under the privileges of this 

exemption would be operated with a person aboard (other than the persons identified in 

condition/limitation Nos. 2 and 7) who:

a. Is employed by Gulfstream;

b. Is not acting as PIC of the aircraft;

c. Holds the appropriate U.S. airman and medical certificates to act as SIC of the aircraft being flown; 

and,

d. Gulfstream has found to be qualified to act as SIC of the aircraft being flown.

10. Gulfstream would be authorized to conduct flights under this exemption with pilots or property 

identified in the conditions and limitations and the following non-crewmembers only:

a. Gulfstream/Foreign Civil Aviation Authority (FCAA) Flight Test Director(s)

b. Gulfstream/FCAA Flight Test Engineer(s)

c. Gulfstream/FCAA engineers as necessary to answer questions related to airplane and systems 

operation.

11. This exemption would apply to flights conducted within domestic United States airspace. Gulfstream 

may exercise this relief for over-flights within the territory and airspace of a foreign country only with the 

specific permission of the appropriate foreign civil aviation authority.

Gulfstream will appreciate FAA’s earliest possible consideration of this petition and requests a grant 

without delay for public comment for the reasons provided above. Please contact Mr. Jeffrey Neville at 

(912) 965-4334 or jeff.neville@gulfstream.com with any questions or comments with regard to this 

matter.

Sincerely, 

for

Richard J. Trusis, Director -

Airworthiness & Certification

CC: J. O’Meara, Gulfstream Flight Operations