AFS-14-020-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 from 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 public 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 exemption 

would not set a precedent, and any delay in acting on this petition would be detrimental to 

Embraer.
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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 delegated 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superseded or rescinded.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 will 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 

Dealer’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 and 

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 airworthiness 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 termination date of Exemption No. 10399, as amended, to 

November 30, 2018, unless sooner superseded or rescinded. 
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All conditions and limitations of Exemption No. 10399, as amended, remain the same. This 

letter must be attached to, and is a part of, Exemption No. 10399.

Sincerely,

/s/

Michael J. Zenkovich

Deputy Director, Flight Standards Service