Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12-140

Washington, DC 20590

Petition of: Regulatory Docket

No.

Gama Charters Inc.

for an exemption from 14 CFR Article 135.151 (h) DLC Recording Requirements of the Federal 

Aviation Regulations.

PETITION FOR EXEMPTION

In accordance with the provisions of FAR 11.25, Gama Charters Inc. (Gama) hereby petitions 

the Administrator for an exemption from Article 135.151 (h) of the Federal Aviation Regulations 

to operate Gulfstream G350/450/550 type aircraft with Controller Pilot Data Link 

Communications (DLC) capability that were manufactured after December 6, 2010 without 

meeting the requirements of Article 135.151 (h) of the Federal Aviation Regulations.

Article of the FAR affected:

Article 135.151 (h) provides, in pertinent part, 

Cockpit voice recorders.

(h) All airplanes or rotorcraft required by this part to have a cockpit voice recorder and a flight 

data recorder, that install datalink communication equipment on or after December 6, 2010, must 

record all datalink messages as required by the certification rule applicable to the aircraft.

Gama Charters Inc. operates/will operate the following G450 type of aircraft (subject aircraft):

Aircraft Type Registration Serial Number Service Entry Date

G450 (GA-IV-X) N450BE 4214 April 22, 2011

G450 (GA-IV-X) N213TG 4219 Approximately June 2011

This documentation is a request for an exemption to 14 CFR §135.151 (h) which specifies the 

requirements for the recording of DLC to and from the subject aircraft. This request is submitted 

in accordance with 14 CFR§11.63 which governs submission of exemption requests.

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This application for an exemption is submitted for the reason that Gulfstream’s original 

certification of DLC recording (Certification Gulf) has experienced unavoidable delays in the 

program which have moved the planned certification date of October 2010 until 2nd Quarter 

2011. Gulfstream has committed to make the package available for retrofit in 4th Quarter 2011.

Please be advised that Certification Gulf when FAA approved will bring the subject aircraft into 

the requirements of 14 CFR §135.151 (h). 

Currently the subject aircraft have CVR equipment that is capable of recording data link 

communications. However, as previously stated, the required software installations are yet to be 

certified. Gulfstream’s planned implementation program is projected to enable operators to 

incorporate the certified software package at the next aircraft scheduled maintenance check (“A” 

check). This planned maintenance activity normally occurs approximately 12 months from the 

time the subject aircraft enters service.

We request that the FAA consider the use of DLC prior to the availability of datalink recording 

capability because it enhances safety as compared to disabling it and this outweighs the absence 

of an on-board record.

In support of this proposal, Gama Charters Inc. respectfully submits the following comments:

1. Gama Charters Inc’s principal base of operations is located at 700 Great Meadow Road 

Sikorsky Memorial Airport, Stratford, CT 06497. Gama Charters Inc. holds Air

Carrier Operating Certificate Number 02GA970I issued on March 3, 1999 and conducts 

air taxi and on demand charter operations under FAR 135.

2. Gama Charters Inc. performs management and consulting services for private individuals 

and corporations who own aircraft (hereinafter referred to as Owners). In addition to 

operating these aircraft for their private use, these Owners have found it beneficial to 

occasionally charter these aircraft to third parties. This is done under contract to Gama 

Charters Inc. and under the auspices of Gama Charters Inc’s Air Carrier Operating 

Certificate.

3. Gama Charters Inc. has operational control of the Owners’ aircraft when these aircraft 

are being operated under the authority of the Air Carrier Operating Certificate in 

accordance with FAR 135. The Owners have operational control of their respective 

aircraft when said aircraft are being operated under the rules of FAR 91.

4. The demands of the charter (air taxi) service operated by Gama Charters Inc. include 

operations in oceanic airspace where DLC can enhance safety.

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5. In our limited experience in the management of DLC operations under FAR 135, Gama 

Charters Inc. has never experienced a performance or safety issue associated with DLC. 

Gama Charters Inc. has instituted an effective Safety Management System used to 

identify and mitigate any and all risk in potentially unsafe operational conditions. Said 

Safety Management System has been officially recognized by the following industry and 

governmental sources:

1) FAA SMS Pilot Program Level 3,

2) Air Charter Safety Foundation (ACSF) Level 3,

3) IS-BAO Level 2,

4) ISO-9001-2008 Registered.

6. Gama Charters Inc. believes that this exemption would permit it to respond to a growing 

demand for chartered air transportation in oceanic airspace in a more safe, efficient and 

effective manner as it relates to controller/pilot communications and would permit Gama 

Charters Inc. aircraft to be available to the general public which would not otherwise be 

available. To not allow Gama Charters Inc. to conduct DLC operations with the subject 

aircraft would impose an unreasonable burden to this operator. If granted, this exemption 

would be in the public interest while maintaining the desired level of safety.

For the reasons set forth above, Gama Charters Inc. respectfully requests that the Administrator 

grant Gama Charters Inc. an exemption from Article 135.151 (h) of the Federal Aviation 

Regulations to the extent necessary to conduct DLC operations to the extent granted in this air 

carriers current Operations Specification A056 (Attached Exhibit A) while conducting charter 

(air taxi) operations under FAR 135 and grant such other relief as shall be deemed in the public 

interest.

Summary as follows:

Pursuant to FAR 11.25

Gama Charters Inc. petitions the Administrator for an exemption from Article 135.151 (h) of the 

Federal Aviation Regulations to the extent necessary to permit Gama Charters Inc. to conduct 

DLC operations with the subject while conducting charter (air taxi) operations under FAR 135.

Respectfully submitted, Date: April 26, 2011

THOMAS H. MILLER

CHIEF EXECUTIVE OFFICER cc: Timothy W. Shaver

TEL:203-257-0997

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