Gulfstream Ref A&C-12-001

Petition for partial Exemption

Gulfstream Aerospace 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 after 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 after 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 begin 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 to 
meet 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 ultimate 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 final 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 require 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 impacted 

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 aircraft which would reduce the safety of these aircraft by not 

having this 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 well-trained force of pilots who are well 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 Aerospace 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. Gulfstream Aerospace Corporation does not believe the requested relief to be 

controversial. Gulfstream 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. Gulfstream Aerospace Corporation further 

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.