AFS-10-283-E 

Jun 30 2010 

 Exemption No. 10088 

 Regulatory Docket No. FAA-2010-0535 

Mr. Carlos Ayala 

Manager, Airworthiness 

Cessna Aircraft Company 

One Cessna Boulevard 

Wichita, KS 67277 

Dear Mr. Ayala: 

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 May 14, 2010, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Cessna Aircraft Company (Cessna) for an exemption from § 61.77(a)(1) of Title 14, 

Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Mr. Adam 

Whitehead, a non-citizen, to obtain a Special Purpose Pilot Authorization in order to allow 

him to act as a required pilot flight crewmember in Cessna model 525C aircraft while 

conducting evaluation flights on behalf of the European Aviation Safety Agency (EASA) 

within the United States. 

Though Cessna is requesting relief from § 61.77(a)(1), the scope of relief that must be granted 

is substantially broader as it actually includes most of § 61.77. Therefore, the FAA must 

consider the broader implications. 

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 Cessna. 
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The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10061 (copy enclosed), the FAA 

found that there were legal issues that would prohibit the issuance of a Special Purpose Pilot 

Authorization for the proposed exempted use of U.S. registered aircraft for evaluation flights 

within the U.S. The FAA granted the pilots relief from certain provisions of § 61.75 and 

issued them a private pilot certificate without the requirement to comply with the knowledge 

test requirements of § 61.75(d)(2) based on their Civil Aviation Authority’s license. This 

approach addressed the problematic legal issues surrounding relief from § 61.77 and allowed 

the conduct of the evaluation flights. 

In addition, the FAA also noted that the pilots would receive compensation to provide their 

respective agencies a report on the aircraft that would be tested. It is the FAA’s intent to limit 

the privileges to second in command (SIC) privileges as provided in § 61.75(e)(2). For the 

purposes of evaluation participation, acting as a crewmember is incidental to the required 

tasks. Therefore, since the foreign pilots were indirectly receiving compensation to fly the 

aircraft, the FAA determined it is appropriate to grant relief from § 61.117, which specifies 

private pilot limitations while acting as SIC of an aircraft that requires more than one pilot. 

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 Mr. Adam Whitehead an exemption from §§ 61.75(d)(2) 

and 61.117 to the extent necessary to allow Mr. Whitehead, a non-citizen, to act as a required 

pilot flight crewmember in Cessna model 525C aircraft while conducting evaluation flights on 

behalf of EASA within the United States, subject to the conditions and limitations described 

below. 

Conditions and Limitations 

1. This exemption is limited to Mr. Whitehead. 

2. The flight must be for aircraft flight test, Flight Standards Board or Flight 

Operations Evaluation Board evaluation flights of Cessna model 525C. 

3. No person or property may be on board the aircraft, other than necessary for 

conduct of the flight. 

4. Mr. Whitehead must make application for a private pilot certificate in accordance 

with § 61.75. Any person authorized to issue a § 61.75 private pilot certificate 
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may place an instrument rating on the certificate without the knowledge test 

required by § 61.75(d)(2). Any person authorized to issue a § 61.75 private pilot 

certificate must state the certificate is for SIC privileges only under the authority of 

§ 61.75(e)(2). 

This exemption terminates on July 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service 

Enclosure