Gulfstream Ref A&C

- 1 2

-001 **Petition for partial Exemption Gulfstream A** **erospace Corporation Gulfstream Model GIV** **- X and GV** **- SP** 
Gulfstream Aerospace hereby petitions for relief from 14 CFR Part 91.609(j) as amended by Amendment. 91

-313 and Part 25.1457 (a)(6) as amended by Amendment 25

- 124 of Title 14, Code of Federal Regulations (14 CFR) to allow a non-United States owned green aircraft that are manufactured on or af ter April 7, 2012 the ability to operate under Gulfstream Aerospace control in US airspace without recording Datalink messages **Existing Regulations** Gulfstream Aerospace Corporation requests partial relief from the following regulation: Section 91.609(j) Eligibility. **[**(j) All airplanes or rotorcraft required by this section to have a cockpit voice recorder and a flight data recorder, that install datalink communication equipment on or af ter April 6, 2012, must record all datalink messages as required by the certification rule applicable to the aircraft.**]** and Section 25.1457(a)(6) Eligibility. (a) Each cockpit voice recorder required by the operating rules of this chapter must be approved and must be installed so that it will record the following: (6) If datalink communication equipment is installed, all datalink communications, using an approved data message set. Datalink messages must be recorded as the output signal from the communications unit that translates the signal into usable data. **Background** After April 6, 2012 Gulfstream Aerospace Corporation will begi n delivering aircraft to United States customer that meet the requirements of 14 CFR Part 91.609(j) as amended by Amendment. 91

-313 and Part 25.1457 (a)(6) as amended by Amendment. 25

- 124 of Title 14, Code of Federal Regulations (14 CFR). However, foreign owned aircraft that do not have the same mandate until 2013, 2014, or later will not be configured to meet the equivalent requirement until the date in which their state of registry requires their aircraft operators tomeet the equivalent requirement.

**Reasons for Petition** FANS 1A and CPDLC in particular are seen as safety enhancements and are required by EASA (EU ops) for aircraft with Certificate of Airworthiness dates after January 1, 2011 to operate in Europe. The above US regulations require United States registered aircraft to incorporate recording of Datalink Messages. Due to economic concerns, Gulfstream will be forced on an economic basis to remove CPDLC from the production aircraft to preclude having to fit all its U.S. manufactured aircraft (regardless of country of u ltimate registration). This places an undue burden upon Gulfstream purely because it is a US company and reduces its competitive position compared to its non

- US based competitors. **Public Interest / Benefit:** Granting this temporary Petition for Exemption is in the public interest as it would permit Gulfstream Aerospace Corporation the efficient means of operating a non-United States owned green aircraft that are manufactured on or after April 7, 2012 the ability to operate under Gulfstream Aerospace control in US airspace without recording Datalink messages in a safe environment while it is undergoing fi nal manufacturing, completion and delivery flights. Due to the high demand for these corporate aircraft, it is imperative that the petitioner is granted the regulatory relief requested. Failure to achieve this goal will result in potential for significant loss of income, in foreign trade for the United States and the petitioner. Therefore the stabilizing effect that manufacturer and support of corporate aircraft has on the job market and balance of trade for the United States is significant and definitely in the public interest. Granting this exemption will allow Gulfstream to continue final product production line and movement of these aircraft to other Gulfstream facilities, including interior outfitting, Production Line flight demonstration / Customer acceptance flights, as part of our final delivery and export efforts

. Without the exemption, Gulfstream Aerospace Corporation will have production airplanes that will requ ire significant increase in system installations and costs before being eligible to fly within the U.S. for only the purposes of modification development work prior to export as stated above. Alternately, Gulfstream could be forced into the position of having to make a decision to remove the data link system from these aircraft that does provide a safety enhancement solely due to the lack of

the ability to record these messages as being prescribed by this new operational regulatory requirement

. The level of safety intended by the rule will be fully upheld. As a direct benefit of the Gulfstream experience as a U.S. manufacturer of Large Cabin jet transport airplanes, Gulfstream would manage all aspects of these non-United States owned green aircraft flight operations and maintenance activities until final delivery and export is completed

. Not granting this exemption would have a significant negative impact for the following reason: The balance of trade between the US and other nations would be negatively im pacted due to significant increase of cost to Gulfstream to comply temporarily

. or

 As cited above Gulfstream would have to consider removing the data link system features from these ai rcraft which would reduce the safety of these aircraft by not having th is type of system / feature installed. **Level of Safety**

**equal to that provided by 14 CFR 91.609(j) and 25.1457(a)(6)**  Flight operations activities under this exemption is limited to the non-United States owned green aircraft without recording Datalink messages until each state of registry requires their aircraft operators to meet the equivalent requirement. The flight operation includes production line flight demonstration prior to Certificate of Airworthiness, relocating the green aircraft to a Gulfstream final phase facility (i.e. Long Beach California, Dallas Texas, etc) for interior outfitting and Customer required modification and Customer acceptance flights prior to final delivery and export. Further, as evidenced by Gulfstream exemptions 9887 and 9889, Gulfstream maintains a highly

-experienced and we ll

-trained force of pilots who are we ll qualified to operate the Large Cabin jet transport airplanes within a well

-regimented company system. Pilot

-in

-command duties would be limited to those who are appropriately qualified to operate the Large Cabin jet transport airplanes under the Certificate of Airworthiness requirements and limitations. **Gulfstream A erospace Corporation requests FAA**  **consideration of expeditious handling and foregoing of public comment**  **period under the provisions of 14 CFR 11.87** The need for this exemption is urgent to preclude lost time for accomplishing the goals defined herein. G ulfstream Aerospace Corporation does not believe the requested relief to be controversial. G ulfstream Aerospace Corporation in the design and manufacturing of the Large Cabin jet transport airplanes; granting this exemption at an early date would assure the normal fulfillment of that role in a timely manner. **Summary** Gulfstream Aerospace Corporation respectfully requests an exemption from 14 CFR Part 91.609(j) and 25.1457(a)(6) as this rule relates to production line flight demonstration prior to Certificate of Airworthiness, relocating the green aircraft to a Gulfstream final phase facility for interior outfitting, Customer required modification and Customer acceptance flights prior to final delivery and export of Large Cabin jet transport airplanes. This exemption will allow Gulfstream Aerospace Corporation to perform certain U.S. domestic modification and operational functions that are vital to the finished product commensurate with final delivery and export of Large Cabin jet transport airplanes. G ulfstream Aerospace Corporation fu rther requests FAA consideration of the critical timing of this petition, and accordingly, relief from the public comment period to assure timely continuation of U.S. domestic operational needs.