AFS-10-283-E

Jun 30 2010

Exem ption No. 10088 Regul atory 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 y our request for exemption. It transmits our decision, explains its basis, and gives you the con ditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated May 14, 2010, you petitioned the Fe deral Aviation Administration (FAA) on behalf of Cessna Aircraft Company (Cessna) for an e xemption from § 61.77(a)(1) of Title 14, Code of Federal Regulations (14 CFR). That exempti on, if granted, would allow Mr. Adam Whitehead, a non-citizen, to obtain a Special Purpo se 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 Euro pean 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 mo st of § 61.77. Therefore, the FAA must consider the broader implications.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested exemption would not set a pr ecedent, and any delay in acting on this petition would be detriment al to Cessna.2

The FAA has issued a grant of exemption in circumst ances similar in all material respects to those presented in your petition. In Grant of Exem ption No. 10061 (copy enclosed), the FAA found that there were legal issues that would prohi bit 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 C ivil Aviation Authority’s license. This approach addressed the problematic legal issues sur rounding relief from § 61.77 and allowed the conduct of the evaluation flights.

In addition, the FAA also noted that the pilots wou ld receive compensation to provide their respective agencies a report on the aircraft that w ould be tested. It is the FAA’s intent to limit the privileges to second in command (SIC) privilege s as provided in § 61.75(e)(2). For the purposes of evaluation participation, acting as a c rewmember is incidental to the required tasks. Therefore, since the foreign pilots were in directly receiving compensation to fly the aircraft, the FAA determined it is appropriate to g rant 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 exem ption, 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 encl osed 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 an d 44701, which the FAA Administrator has delegated to me, I hereby grant Mr. Adam Whiteh ead an exemption from §§ 61.75(d)(2) and 61.117 to the extent necessary to allow Mr. Whi tehead, a non-citizen, to act as a required pilot flight crewmember in Cessna model 525C aircra ft 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 C essna 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 p ilot certificate in accordance with § 61.75. Any person authorized to issue a § 6 1.75 private pilot certificate3

may place an instrument rating on the certificate w ithout the knowledge test required by § 61.75(d)(2). Any person authorized t o issue a § 61.75 private pilot certificate must state the certificate is for SIC p rivileges 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