Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Mr. James Stephen Fossett, Certificate # 1809033, 401 S. Lasalle Street, Suite 200 Chicago, IL 60605 USA, from the requirements set out in subparagraph 602.39(b)(ii) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Subparagraph 602.39(b)(ii) states that no pilot–in-command of a single-engined aircraft, or of a multi-engined aircraft that would be unable to maintain flight in the event of the failure of any engine, shall commence a flight that will leave Canadian Domestic Airspace and enter airspace over the high seas unless the aircraft is equipped with a high frequency radio capable of transmitting and receiving on a minimum of two appropriate international air-ground general purpose frequencies.


The purpose of this exemption is to permit Mr. James Stephen Fossett when operating the Virgin Atlantic Global Flyer II Aircraft N277SF, to leave Canadian Domestic Airspace and enter airspace over the high seas without a high frequency radio.


This exemption applies to Mr. James Stephen Fossett, Cerificate # 1809033, when operating the Virgin Atlantic Global Flyer II Aircraft N277SF as pilot-in-command, for the record setting attempt of the longest ever non-stop flight by an aircraft in the earth's atmosphere from January 26th, 2006 to February 28th, 2006.


This exemption is subject to the following conditions:

  1. the aircraft shall be equipped with a functional VHF Satcom type communications installation;
  2. Mr. Fossett shall be fully knowledgeable in the use and operation of a VHF Satcom communications system;
  3. the aircraft shall be equipped with a functioning data relay system for the purpose of progress reporting;
  4. all other conditions of section 602.39 the Canadian Aviation Regulations shall be complied with;
  5. prior to the non-stop flight, Mr. Fossett shall coordinate with Nav Canada to ensure that appropriate communications procedures are established; and
  6. a copy of this exemption shall be carried on board the aircraft at all times during the non-stop flight.


This exemption is in effect until the earliest of the following:

  1. February 28th, 2006 at 23:59 ADT;
  2. the completion of the non-stop flight referred to in this exemption;
  3. the date on which any of the conditions set out in the exemption is breached; or
  4. the date on which the exemption is canceled in writing by the Minister where he is of the opinion it is no longer in the public interest or is likely to effect aviation safety.

Dated at Moncton, Canada this 26th day of January, 2006 on behalf of the Minister of Transport

Wayne T. Pert
Acting Regional Director Civil Aviation Atlantic Region