AFS

- 14

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- E November 19, 2013

Exemption No. 10399A Regulatory Docket No. FAA

- 2011

- 1249

Mr. Phil Krull Managing Director 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 petition to extend and amend Exemption No. 10399 , as amended. It explains the basis for our decision , describes its effect,

and lists the revised conditions and limitations.

The Basis for Our Decision

By letter dated October 29, 2013 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Embraer Executive Aircraft, Inc. ( Embraer ) for an extension of and amendment

to Exemption No. 10399 , as amended. That exemption from § 47

. 65 and § 47.69 of Title 14, Code of Federal Regulations (14 CFR) allows Embraer to obtain a Dealer’s Aircraft Registration Certificate, AC Form 8050

- 6, without meeting the United States citizenship requirements of Title 49 United States Code 40102(a)(15) and permit Embraer to conduct limited flights outside of the United States under the certificate. The amendment you request

would allow Embraer to ferry fly aircraft f rom Embraer S.A., located in Brazil and perform international demonstration flights pursuant to a global agreement between Embraer and

Embraer S.A.

In your petition, you indicate that there has been no change in the conditions and reasons relative to publ ic interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension of and amendment to the exem ption would not set a precedent, and any delay in acting on this petition would be detrimental to

Embraer.2

Our Decision

The FAA has determined that the justification for the extension of Exemption No. 10399 , as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA Administrator has delegat ed to me, I grant your petition for an extension and

amendment to :

a. An exemption from 14 CFR § 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 This exemption is effective immediately and remains in effect unless superseded or rescinded.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 wil l be issued a new Dealer’s Aircraft Registration Certificate upon receipt of a completed Application for Dealer’s Aircraft Registration Certificate and the required fee.

b. An exemption from 14 CFR §47.69(b) to the extent necessary to permit the use of the

D ealer’s Aircraft Registration Certificate outside the United States in connection with ferry flights of aircraft from Embraer S.A., located in Brazil and for demonstrating, testing, selling, and marketing its aircraft, subject to the following conditions a nd

limitations.

1. The aircraft must be owned by Embraer Executive Aircraft, Inc.;

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 a irworthiness certificate, permission of the host country (countries) must be obtained before flights to or through that country; and

4. Embraer Executive Aircraft Inc., shall maintain records of each international flight for a period of one year after the aircraft returns to the United States, such records consist

of:

a. Registration number and aircraft serial number;

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

c. General overseas itinerary.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 10399 , as amended, to

November 30

, 2018 , unless sooner superseded or rescinded.3

All conditions and limitations of Exemption No. 10399, as amended, remain the same. This letter must be attached to, and is a part of, Exemptio n No. 10399

.

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards Service