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. Thomas H. Miller, Chief Executive Officer, Gama 

Charters Inc. (Gama), 700 Great Meadow Road, Sikorsky Memorial Airport, Stratford, 

Connecticut 06497, petitioned the Federal Aviation 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 recorder (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-E
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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 2nd quarter 2011. The manufacturer 

has committed to make the package available for retrofit in the 4th 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. 
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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 exemption only applies to the following aircraft operated by Gama: 
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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