,ih November 9'", 2011. 

US Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

- ^ EMBFRAER 

Embner Eiecutivr Afrcnf t IDC. 

1205 General Aviahon Drive 

Melbourne. FL i2935 

Phone. 1321)426-2600 

Fax: (321)259-7060 

Subject: Petition for Exemption to 14 CFR Sections 47.65 and 47.69(b) 

Dear Sir or Madam: 

As allowed by 14 CFR §11.61(b), enclosed please find a petition from Embraer 

Executive Aircraft, Inc. ("EEA") for exemption to the requirements of: (i) 14 CFR §47.65 

that the holder of a Dealer's Aircraft Registration Certificate, AC Form 8050-6, must be 

a citizen of the United States, as defined by 49 U.S.C. § 40102(a)(15). and (ii) 14 CFR § 

47.69(b) that the holder a Dealer's Aircraft Registration Certificate, AC Form 8050-6, 

must comply with certain geographic operating limits for flights conducted under the 

certificate. 

Best Regards, 

Phii Krull 

Managing Director and COO 

Enclosure 

c.c: Mr. John G Bent 

Manager, Civil Aviation Registry 

Flight Standards Service 

Aircraft Certification Branch, AFS -750 

P.O. Box 25504 

Oklahoma City, Oklahoma 73125-0505 

Phone/fax: 405-954-3116 
Summary 

Petitioner: Embraer Executive Aircraft, Inc. 

Section of the Regulation Affected: 14 CFR § 47.65 and § 47.69(b) 

Description of Relief Sought: Exemptions from 14 CFR § 47.65 and § 47.69(b) of the 

Federal Aviation Regulations (FARs) to permit EEA to obtain a Dealer's Aircraft 

Registration Certificate, AC Form 8050-6, without meeting the United States citizenship 

requirements, and to permit EEA to conduct limited flights outside of the United States 

under the certificate. 
EEA respectfully submits this petition for an exemption from the requirement of: (i) 14 

CFR § 47.65 that the holder of a Dealer's Aircraft Registration Certificate, AC Form 

8050-6 ("Dealer Certificate") must be a citizen of the United States, as defined In the 

applicable legislation, and (ii) 14 CFR § 47.69(b) that the holder of a Dealer Certificate 

must operate aircraft subject to certain geographic operating limits. The requested 

exemptions would permit EEA to obtain a Dealer Certificate without meeting the United 

States citizenship requirements and to permit EEA to conduct limited flights outside of 

the United States under the Dealer Certificate. 

The exemptions requested in this petition are the same as exemptions previously 

granted by the FAA for other corporations seeking a Dealer Certificate. 

Text of the Requirements for Which Exemption is Sought 

14 CFR §47.65 "Eligibility" 

To be eligible for a Dealer's Aircraft Registration Certificate, AC Form 8050-6, the 

applicant must have an established place of business in the United States, must be 

substantially engaged in manufacturing or selling aircraft, and must be a citizen of the 

United States, as defined by 49 U.S.C. § 40102 (a)(15). 

14 CFR § 47.69 "Limitations" 

A Dealer's Aircraft Registration Certificate, AC Form 8050-6 is valid only in connection 

with use of aircraft [...] (b) vwthin the United States, except when used to deliver to a 

foreign purchaser an aircraft displaying a temporary registration number and carrying an 

ain/vorthiness certificate on which that number is written. 

Background 

EEA is a Delaware-chartered corporation, organized in 2008 and validly existing under 

the laws of the State of Delaware, is authorized to do business in the State of Florida, is 

as a wholly-owned subsidiary of Embraer Aircraft Holding, Inc., a Delaware corporation, 

which in turn, is a wholly-owned subsidiary of Embraer S.A., an entity established and 

existing under laws of Brazil. 

EEA was formed for the principal purpose of setting up a facility in Melbourne, Florida 

for the assembly and completion of light and medium sized jet aircraft, and the 

subsequent sale of aircraft assembled at the facility. EEA has established its assembly 

and completion facility and offices in Melbourne, Florida and currently employs 80 

people at those facilities. 

EEA is currently working with the FAA*s Aircraft Certification Service to obtain a 

production certificate issued under Subpart G of 14 CFR part 21 for its assembly and 

completion facility where it will assemble Embraer EMB-500 and EMB-505 (Phenom 

100 and Phenom 300) aircraft. 
EEA meets the requirements of 14 CFR § 47.65, other than the "citizen of the United 

States" requirement as defined in 49 U.S.C. §40102(a)(15). EEA is therefore requesting 

an exemption from that requirement. 

If granted a Dealer Certificate, EEA desires to conduct limited flights outside the United 

States under its certificate for the purpose of demonstrating, testing, and selling aircraft, 

and marketing its aircraft to international customers. EEA is therefore requesting an 

exemption from 14 CFR § 47.69(b) to conduct international flights under its Dealer 

Certificate for demonstration, test, sales, and marketing purposes. 

EEA offers the following explanation in support of its requests for exemption, as well as 

and explanation of why granting such exemption is in the public interest, as required by 

14CFR§11.81. 

Grounds Supporting Exemption 

Citizenship 

14 CFR § 47.65 requires an applicant for a Dealer Certificate to be a U.S. Citizen as 

defined in 49 U.S.C. § 40102{aX15). In 1980, the FAA revised the requirement for 

aircraft registrations other than for a dealer registration to permit resident aliens and 

eligible non-citizen corporations to register aircraft in the United States. The citizenship 

requirement for dealer certificates was not revised at that time. 

The granting of this petition would eliminate the administrative burden for EEA to make 

applications for registration for individual aircraft assembled at the Melbourne, Florida 

facility, and for the Federal Aviation Administration ("FAA") to process registration 

applications for each individual aircraft as it is assembled. Without this exemption, each 

aircraft would have to be initially registered by EEA pursuant to an exemption that 

allows registration without citizenship, and subsequently registered again by the 

customer after delivery of the aircraft. The flight test and demonstration for each aircraft 

would be delayed while awaiting this initial registration. These types of difl'iculties are 

the reason that dealer registrations exist. 

If the exemption sought herein is not granted, aircraft assembled by EEA and to be sold 

would be operated under EEA's registration for a period of a few days to a couple 

weeks before the registration process would have to be repeated at the time of 

customer delivery. If EEA obtains a Dealer Certificate, the first registration would not be 

necessary and would save the FAA the burden of processing many dozens of 

applications a year. 

International Fligtits 

The aircraft to be assembled at the Melbourne, Florida facility by EEA will be used by 

and marketed to operators around the world. As a result, EEA will sometimes be called 

upon to perform international demonstration flights in order to display the capabilities of 
the aircraft for prospective customers prior to sale, and as well as international test 

flights and flights to trade shows in international locations. 

FAA Precedents 

The exemptions requested by EEA are completely consistent with prior exemptions 

granted by the FAA. 

The FAA has granted exemptions from § 47.65 when dealers could satisfy all 

requirements under § 47.65 other than the U.S. citizenship requirements (Exemptions 

number 5259, 9673 and 10115). 

The FAA has also granted exemptions from § 47.69(b) so that dealers could perform 

international flights (Exemptions number 7241, 9510 and 9682). 

Finally, the FAA has granted exemptions covering both § 47.65 and § 47.69(b) when a 

dealer requests an exemption from both provisions in the same petition (Exemption 

number 9292). 

Effect of the Exemption on Safety 

The granting of these exemptions to allow a US corporation considered a foreign citizen 

to utilize the administrative benefits of a dealer's aircraft registration certificate and 

operate aircraft for limited international flights does not directly or indirectly involve 

safety related matters. The exemptions will not affect the level of safety currently 

required by the FAA's rules and regulations. The same requirements for airworthiness, 

pilot qualification and training, and operations are applicable to non-U.S. citizen dealers 

and U.S. citizen dealers, so the granting of this exemption clearly would have no effect 

on safety. 

Issue of Public Interest 

Denial of this petition would require EEA to make applications for individual aircraft and 

for the FAA to process the registration for each aircraft as it is produced. The elimination 

of this administrative cost on both EEA and the FAA is in the public interest. In addition, 

the denial of this petition would increase the amount of time that an otherwise 

completed aircraft would be parked awaiting initial registration. The additional financial 

cost of having an otherwise productive asset out of service, with no corresponding 

benefit in safety, is not in the public interest. 

Moreover, EEA final assembly and completion facility in Melbourne, Florida, will employ 

up to 200 people from the area, with a beneficial economic multiplier effect, which is in 

the public interest for the Florida community. 
Request to Forego Publication in the Federal Register 

Because the granting of this petition would not set a precedent and is identical in all 

relevant aspects to previously granted exemptions, EEA requests that the FAA forego 

publication of a summary notice of this petition in the Federal Register. EEA filed a 

petition as soon as the need for the exemption was identified. EEA plans to initiate 

deliveries from our Melbourne facility by December 5*^, 2011. A delay in processing this 

petition to allow for Federal Register publication would likely require the eariy production 

airplanes to be individually registered two times: prior to the production flight test and 

prior to delivery to the customer. This would create unavoidable delivery delays, with an 

adverse effect on both EEA and the affected customers. 

Operations Outside the United States 

As stated above, EEA desires to periodically fly aircraft using its Dealer Certificate 

outside the United States for demonstration, sales, marketing and testing. 

The granting of this petition would not create a noncompliance with the standards of 

ICAO Annexes 7 and 8, so EEA sees no need for the FAA to file any difference with 

ICAO. As stated in Exemption 9682 (page 2), the FAA "has determined that the use of a 

U.S. Dealer's Aircraft Registration Certificate outside the United States is consistent 

with the registration standards of [ICAO]." 

In addition, EEA would agree to the requirements that have been applied to previous 

exemption recipients' international flights: (1) the aircraft will be owned by EEA; (2) the 

aircraft will have a temporary or assigned registration number property affixed; (3) when 

an aircraft does not have a standard or transport airworthiness certificate, EEA will 

obtain host country/ies approval beforehand; and (4) EEA will maintain records of each 

international flight for one year after the aircraft returns to the United States, with the 

registration number and msn, dates of departure from and return to the United States 

and a general overseas itinerary. In addition, EEA mW carry a copy of the exemption in 

each aircraft operated outside the United States. 

Conclusion 

In consideration of the foregoing, EEA requests; 

a. an exemption from 14 CFR § 47.65 to the extent necessary to obtain a Dealer 

Certificate without meeting U.S. citizenship requirements; and 

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

of the issued Dealer Certificate outside the United States for demonstrating, 

testing, selling and marketing its aircraft. 
As demonstrated above, the exemptions requested by EEA are consistent with 

exemptions the FAA has issued in the past for other corporations. Please feel free to 

contact me if you would like to discuss any aspect of this petition. 

Sincerely yours. 

Phil Krull 

Managing Director and COO 
(Delaware 

Ifie !First State 

PAGE 1 

I , JEFFREY W. BULLOCK, SECRETARY OF STATE OF TEE STATE OF 

DELAHARB DO HEREBY CERTIFY TSAT THE ATTACHED I S A TRUE AND 

CORRECT COPY OF THE CERTIFICATE OF COSVERSIOH OF A DELAMARB 

LIMITED LIABILITY COMPANY UNDER THE NAME OF "EMBRAER EXECUTIVE 

AIRCRAFT, LLC" TO A DELAWARE CORPORATION, CHANGING IT S NAME FROM 

"EMBRAER EXECUTIVE AIRCRAFT, LLC" TO "EMBRAER EXECUTIVE 

AIRCRAFT, INC. " , FILED I N THIS OFFICE ON THE FOURTH DAY OF 

NOVEMBER, A.D, 20X1 , AT 10:2 1 O'CLOCK A.M. 

A FILED COPY OF THIS CERTIFICATE HAS BEEN FORMARDED TO THE 

NEW CASTLE COUNTY RECORDER OF DEEDS. 

4597602 8100V 

11116673 1 

rcu may wmxlty till* eartifleat * oolium 

AUTi 

jetftvf W. Birilock, Seeretaiy ofSWe 

riQW: 9138214 

DATE: 11-04-1 1 
5tat3B of DmlMtmrB 

80axmt3W of Sttita 

Divimlen or Comoxmticoa 

DmUvmrmd 10:25 JOt 11/04/2011 

FUE D 10:21 Mi 11/04/2011 

SBV 111166731 ~ 4597602 FXLB 

CERHFICATE OF CONVERSION TO CORPORATION 

OF 

BMBRAKR EXECUTIVE AmCRArr, IXC 

TO 

EMBRAER EXECOITVE AIRCRAIT, INC 

(PorniBt to ScclloB 365 of tht OcBord Coipotitiaa Lew of the 8tete«l'Ddi^ ^ 

Tfalt CMtiiScate of Conveniao to Coiponaioa is being duty suooted a d flkd by tbe 

«n4mfip»A tn etmmrl PitAn a BMenlfM AJmft, tll \ m PAw m Wmtod llAtlity am^mny 

ftfac '*LLC^ to Eafcraer Bcecalivc Airortft. Inc. • Deliw e coraorlkM ftfae *<3Q»DQialfcMn. m 

mTi?rt*pTr wilb Section 18-216 of Hie Ddswwe limiled LMBSty Compaay Act, n d Seetfan 

265 of Geoeol CoKfioaHoa Law of the Stale of Ddaware. 

1. Update tbe LLC waifintftniwduScptBiiiber 9.2008. 

2. inbe juriidictkm where the LLC was fint fivmed, and the juriscUctioo of the LLC 

Inunediitely prior to ibi commnoQ to a Ddaware OQcpontflosw w ^ 

3. Tlieiiaipeofthc LLC nnmrdialftly prior to fiHng AM Certificate of Coavettioe to 

Coq>ontion is ^'Embnw Executive Ainiaft, LLC." 

4. Hie name of the Cotpantion n set Ibrth in the Certificate of bcvpoiatlon is 

"Embner Executive Aircnfl, fictc." 

5. llKtiomneiaicaoftfaeLLCtotbeCaipofatloadiaUbeeAbctivetqKmlbefiling 

of this Certificate of Coownlatt lo Co^Kxaiioo and the Certificate of Inconporatioo of the 

CoBpofatfoD with the Seentaiy of State of tbe State of Delawam. 

CSlgnalozepi^ ftUowt] 

DELte^aa^aa?^ 
IN Wm^ESS KEIERBOF, the uodetaipied has acecnted fius Certificate of Convefaku to 

Corporation as ofthc ^fSday of Noveniber. 2011. 

EMBRAER BXBCimVE AfRCRAFT, UJ C 

Name: ChiistoFfaerJ.Apidclan 

Tide: Aulhorized Panon 

DeLm.ntMt>v7 
(Defazvare 

The Jirst State 

PAGE 2 

I , JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF 

DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED I S A TRUE AND 

CORRECT COPY OF CERTIFICATE OF INCORPORATION OF "EMBRAER 

EXECUTIVE AIRCRAFT, INC. " FILED IN THIS OFFICE ON THE FOURTH DAY 

OF NOVEMBER, A.D. 2011 , AT 10:2 1 O'CLOCK A.M. 

A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE 

NEW CASTLE COUNTY RECORDER OF DEEDS. 

459760 2 8100V 

11116673 1 

rou amy vmxXty thtm emrtieicat* onlixtm j t cozp.dmlmw»xm.sov/»utJrvmr.fhiml 

jetfny W. BuHock, Secnetaiy of State 

ION: 913821 4 

DATE: 11-04-1 1 
Stat » of Delaware 

SmtszBta^ of StBtm 

Divisic a ox Carpozntdjoom 

LMtlivwrad 10:25 jSll/04/201 1 

m X D 10:21 Mi 11/04/2011 

spy 111166731 - 4597602 FZI£ 

CERTIF1CA1X OP INCORPORATION 

OF 

EMBRAER EXECUnVS AJRCRAFT, INC. 

I, the imdeffigaed, for fiie puipo«es of inooipanthig and organizing a oacpoiratioii under 

file Qeoenl Ctepocation Law of flie State of DdawaiCi do execute fins ceirtifioite of 

inooipoiafioai n d do hcnby oortify as fidlows: 

FIRST. TbenameoffiieooiiMntioalsEnibcacrBxecntivoAira«ft,hkc. 

SECOND. The address of the cotpoiation's roistered office In the Stale of Delswaie is 

0^0 CnponteCreatiaiu Network Inc., 3431 SBveifide Road, Rodney BoUdmg #104, In fiieCity 

of Wihniiqptoa, County of New Casfle^ Ddcware 19810. Ihe name of its legistered agent at 

snCfa address is Cocponte CreatiOttB Netwcok Ifta 

THIRD. The poipoae of the oorporation is to ongage in nty lawful act or activity fiv 

wfaidi cotpwationa may be oigamzed onder the General Corpocatlon Law of dw State of 

Ddawaro: 

FOURTH. The total number of ahares of stock whidi the ootpotalion shall have 

aufinrity to issue is 1000. All such shares are to be Common Stock, par value of $.01 per Aare^ 

aikd are to be of one daiB. 

FIFTH. ThelncotporatoroffiiecoiparatioaisOaryJ. SpulBk,whoaemalUngBddrB8sis 

c/o 276 SW 34* Street, Foct Laodcnlale. Florida 33315. 

SDCTH, Unless and except to fiie extent fiiat fiie byiaws of tbe corpontion shall so 

lequirc; fike electioa of diitcton of the coipontion need not be by written ballot 

SEVEN1H. in finfliaance and not b limitation oftfaepowasoaoftaed by file laws of 

die State of Delaware^ die Board of Dircdccs of the ooqxxation is caipnaaly anfiioiized to make; 

aher and repeal die lo^&wa of die oorpontion, sntgect to the powar of die rioddiolden of the 

cmpuiation to dtir or r^cal any bylaw wfaedaar adopted by them or cllieiwlae^ 

BIGHTR A director of die ocqtocatioD shall not be Uafale to the oorpomioa or its 

atodcholden fiv fDonetary dainagBS ibr breacli of fiduciary duly aa a diivctoc, eauc^ 

such esteoiption fiom HsbOity or Innftafifw thenof is not pcamitted under fiie Qeoeial 

rmprwrfnm T.«w n f thft State o f Dda»Mft *» tfia awna aarirti armmyhtnmtimr hw —wwlwl Any 

amendment, modification or repeal of die fisregoing aeoteooe dudl not advenely affixt any ri ^ 

or piotection of a dtiector of fiie onpootion hoeonder in impwi of any act or oonssian 

occaning prior to die tfaneofguch amendment, modifioatkm or lepcal 

NINTH. The corporatbn reserves die right at any time, and from tnne to time, to amend, 

aher, change or rcjpeal any provision contained in fida certificate of inooipofation, and odicr 

proviakns authorized by die laws of tbe Ststo of Delaware at the time in ibree may be added or 

inserted, in the manner now or hereaficr prescribed \fy law; and all il^ts, jxeftrencea and 

EL«3SMSSv« 
privileges of idiatsoever nature oonferred vpaa stocSdutlders, dfavotors or any odier persons 

vriiomfloever by and pursuant to diis certificate of incorporation in its present fi)cm or as henafter 

amended are granted iidgecl to die nj ^ reserved in diis article. 

TENTH, li e uuipoiaUon hereby expressly dects not to be governed by Section 203 of 

the General Cmporatian Law of ftie Sisteof Ddamoe. 

The undenigoed inooipocator berdby acknowledges diat die fi)rB!gioing catificaie of 

inoorporafioniahisactanddeedonflus M^^yo f Noyimbc f .2011. 

lonporator 

S.aBt»0L«ZSM -2-

Tsapr