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 Dock et

No.

Gama Charters Inc.

for an exemption from 14 CFR Article 135. 151 (h) DL C Recording Requirements of the Federal Aviation Regulations.

PETITIO N FOR EXEMPTION

In accordance with the provisio ns of FAR 11.25, Gama Charters Inc. ( Gama ) hereby pet itions

the Administrator for an exemption from Article 135. 151 (h) of th e Federal Avi ation 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 th e 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 datal ink 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.

PAGE ONE OF THREEThis application for an exemption is submitted for th e reason that Gulfstream’s original

certification of DLC recording (Certificat ion Gu lf) has experienced unavoidable delays in the program which have moved the planned certification date of October 2010 until 2 nd Quarter

2011. Gulfstream has committed to ma ke the package available for retrofit in 4 th 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 equip ment that is capable of recording data link

communications . H owever
, 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) . T hi s 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. Ga ma 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 an d 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 p arties. This is done under contract to Gama

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

Certificate.

3. Gama Charter s 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. T he Owners have operational control of their respective

aircraft when sai d 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.

PAGE TWO OF THREE5

. In our limited experi ence 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 an d all risk in potentially unsafe operational conditions. Said Safety M anagement 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 L evel 2, 4) ISO

- 9001

- 2008 Registered.

6

. G ama 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 co ntroller/pilot communications and wo uld permit G ama 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 un r easonable burden to th is operator. If granted, this exemption would be in the public int e rest while maintaining the desired level of safety.

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

grant Gama Charte rs Inc. an exemption from Ar t ic l e 135. 151 (h) of the Feder a l 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 chart er (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

G ama Charters Inc. petitions the Administrator for an exemption from Article 135. 151 (h) of the

Feder al Aviation Regulations to the extent necessary to permit G ama 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

CHIE F EXECUTIVE OFFICER cc: Timothy W. Shaver

T EL:203

- 257

- 0997

PAGE T HREE OF THREE