Exemption No. 10433

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

GAMA CHARTERS, INC. Regulatory Docket No. FAA-2011-0457

for an exemption from § 135.151(h) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated April 26, 2011, Mr. Thom as H. Miller, Chief Executive Officer, Gama Charters Inc. (Gama), 700 Great Meadow Ro ad, Sikorsky Memorial Airport, Stratford, Connecticut 06497, petitioned the Federal Aviati on Administration (FAA) on behalf of Gama for an exemption from § 135.151(h) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Gama the continued operations of two Gulfstream series G450 aircraft (N450BE and N213TG) for 18 months from the date of this letter without complying with the cockpit voice r ecorder (CVR) requirement to record digital datalink communication messages.

The petitioner requests relief from the following regulation:

Section 135.151(h) prescribes that all airplanes or rotorcraft required by this part to have a cockpit voice recorder and 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.

The petitioner supports its request with the following information:

The petitioner states it holds air carrier operating certificate No. 02GA970I issued on March 3, 1999, and conducts air taxi and on demand charter operations under part 135.

The petitioner states it operates two G450 type aircraft:

AFS-11-299-E2

Aircraft Type Registration Serial Number Service Entry Date G450 (GA-IV-X) N450BE 4214 April 22, 2011 G450 (GA-IV-X) N213TG 4219 June 2011

The petitioner states that it submitted its exemption request because original certification of its controller pilot data link communication (DLC) recording has experienced unavoidable delays in the manufacturer’s program which have moved the planned certification date of October 2010 until 2 nd quarter 2011. The manufacturer has committed to make the package available for retrofit in the 4 th quarter 2011. The petitioner asserts that certification of DLC recording (Certification Gulf), when FAA approved, will bring the subject aircraft into the requirements of § 135.151(h).

The petitioner states the subject aircraft have CVR equipment that is capable of recording data link communications. However, the petitioner notes the required software installations are yet to be certified. The petitioner states that 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). The petitioner indicates this planned maintenance activity normally occurs approximately 12 months from the time the subject aircraft enters service.

The petitioner states the safety benefits outweigh the absence of an on-board recorder by allowing use of controller pilot datalink communications prior to the availability of the datalink recording capability. The petitioner believes 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 allow Gama’s aircraft to be available to the general public

which would not otherwise be available.

The petitioner states it performs management and consulting services for private individuals and corporations who own aircraft. These individuals and corporations have found it beneficial to occasionally charter these aircraft to third parties; this is done under contract to Gama and under the auspices of Gama’s, air carrier operating

certificate.

Gama states it has operational control of the owners’ aircraft when these aircraft are being operated under the authority of its air carrier operating certificate in accordance with part 135. Owners have operational control of their respective aircraft when said aircraft are being operated under the rules of part 91.

The petitioner states the demands of the charter (air taxi) service operated by Gama include operations in oceanic airspace where DLC can enhance safety.3

The petitioner states that in its limited experience in managing DLC operations under part 135, it has never experienced a performance or safety issue associated with DLC. Gama further asserts that it has instituted an effective safety management system (SMS) used to identify and mitigate any and all risk in potentially unsafe operational conditions. The petitioner notes that its SMS has been officially recognized by:

 FAA SMS Pilot Program Level 3

 Air Charter Safety Foundation-Level 3

 International Standard for Business Aircraft Operations

- Level 2

 ISO-9001-2008 /Registered

The petitioner states it 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’s aircraft to be available to the general public which would not

otherwise be available.

A summary of the petition was published in the Federal Register on July 7, 2011, (76 FR 39976). No comments were received.

The FAA's analysis is as follows:

The FAA finds that delaying introduction of these airplanes into service could delay the integration of newer, safer, more fuel-efficient airplanes in passenger service. The petitioner is continuing its work with Gulfstream to provide the solid-state CVR capable of recording digital datalink communication messages, datalink activation equipment and aircraft modification procedures necessary to bring the petitioner’s airplanes into compliance with 14 CFR § 135.151(h). The petitioner’s arguments for allowing continued operation of the airplanes without recording datalink communications are acceptable. Based on these considerations, the FAA has determined that it is in the public interest to allow introducing the subject aircraft into service.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Gama Charters Inc. is granted an exemption from 14 CFR § 135.151(h) to the extent necessary to allow Gama the continued operations of two Gulfstream series G450 aircraft (N450BE and N213TG) for 18 months from the date of this exemption without complying with the CVR requirement to record digital datalink communication messages, subject to the conditions and limitations listed below.

Conditions and Limitations:

1. This exem ption only applies to the following aircraft operated by Gama:4

Aircraft Type Registration Serial Number Service Entry Date G450 (GA-IV-X) N450BE 4214 April 22, 2011 G450 (GA-IV-X) N213TG 4219 June 2011

2. This exemption covers only the recordation of the approved datalink communication message set as required by 14 CFR § 135.151(h).

3. A copy of this exemption must be retained with the operator’s airplane flight manual until all airplanes identified in this exemption have incorporated the system modifications.

4. In the event of an accident or incident after which the CVR data must be sent to the National Transportation Safety Board (NTSB), Gama must provide a copy of this exemption to the NTSB along with the data.

5. Following certification of the datalink recording enabling software changes, Gama must provide to its principal avionics inspector a schedule for the completion of the new installations for each affected airplane.

6. Since these aircraft are not registered or owned by Gama but instead are leased for operation under Gama, this exemption only applies to those aircraft when being operated under this certificate, air carrier operating certificate No. 02GA970I issued on March 3, 1999. This exemption cannot be extended to individuals operating these aircraft outside of this operating certificate.

This exemption terminates on July 5, 2013, unless sooner superseded or rescinded.

Issued in Washington, D.C., on January 11, 2012.

/s/

John W. McGraw Acting Director, Flight Standards

Service