AFS-12-341-E April 30, 2012

Exemption No. 10491A Regulatory Docket No. FAA-2011-0342

Mr. Douglas M. Lane

Director Regulatory Administration Boeing Commercial Airplanes

P.O. Box 3707 Seattle, WA 98124

Dear Mr. Lane:

This letter is to inform you that we have amended your Exemption No. 10491. It explains the

basis for our decision and describes its effect.

The Basis for Our Decision:

The Federal Aviation Adm inistration (FAA) is amending Exemption No. 10491, for Boeing Commercial Aircraft (Boeing). That exemp tion from § 91.609 of Title 14, Code of Federal Regulations (14 CFR) allows Boeing to conduc t production acceptance and other flights prior to delivery of specified newly manufactured airplanes that do not have all of the equipment required by § 91.609 for aircraft manufactured after April 6, 2012. Boeing sells airplanes to non-U.S. buyers who will not register the airplanes in the United States and who do not order some of the equipment required by § 91.609. The relief applies initially to the aircraft on the list attached to the exemption, which may be amended to accommodate future production.

The language of the original exemption restricts Boeing to operation of airplanes that carry Boeing dealer registration. In your letter of April 17, 2012, you explained that occasionally, Boeing registers certain airplanes using civil N-numbers in order to conduct flights to other facilities to accomplish installation of other modifications unavailable at its Washington State facilities, or to store the airplanes pending sales finalization, and is not able to operate these airplanes under the limited scope of its dealer registration.2

Accordingly, we are amending the current grant of exemption to expand the scope of the exemption to include such N-registered airplanes until they are delivered for export. The conditions and limitations remain as in the original grant. Only the paragraph preceding the

conditions and limitations is amended.

Our Decision:

The FAA has determ ined the justification for the issuance of Exemption No. 10491, as amended, remains valid and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 40113 and 44701, which the FAA Administrator has delegated to me, I have amended Exemption No. 10491.

The Effect of Our Decision:

The language in Exem ption No. 10491 is amended by revising the paragraph titled “The FAA’s Decision:” that immediately precedes th e Conditions and Limitations section in the exemption. The Conditions and Limitations, reproduced here, remain unchanged, as does the termination date of April 7, 2015.

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, Boeing is granted an exemption from 14 CFR §§ 91.609(c)(1) and (i)(3) to the extent necessary to temporarily operate newly manufactured airplanes that are being built to the specifications of non-U.S. customers, subject to the conditions and

limitations listed below.

Conditions and Limitations:

1. On the date of this grant, this exemption applies only to the Boeing airplanes listed in Tables 1, 2, and 3, attached to this exemption, that do not meet the requirements specified in condition number 2, while registered to and operated by Boeing.

2. This exemption applies only to the following requirements of 14 CFR § 91.609:

a. Paragraph (c)(1), as it requires compliance with Appendix E, Note 5 on digital flight data recorder data rates for pitch control position;

b. Paragraph (i)(3) as it requires recordation of installed datalink communications and a 10-minute independent power source for the cockpit voice recorder (CVR).

3. No other requirements of § 91.609 may be added to condition number 2. Boeing must identify the noncompliances specified in condition number 2 on each aircraft listed in Tables 1, 2, and 3, attached to this exemption or later added. An airplane that lacks the equipment to meet one, two, or all three of the requirements listed in condition number 2 qualifies to use this exemption.3

4. Boeing will develop a process to identify the aircraft to which this exemption applies. Such process will include a list of aircraft being operated under this exemption, the requirements of condition number 3 of this grant, and any other information found necessary by Boeing’s certificate management office (CMO). The process and lists must be deemed acceptable to the CMO within 120 days of the date of this exemption. Following acceptance by the CMO, Boeing will be allowed to add or remove aircraft from the lists provided for compliance with this exemption.

5. A copy of this exemption must be carried with the aircraft during operation by Boeing.

6. In the event of an accident or incident that is reportable to the FAA or the National Transportation Safety Board, Boeing must provide a copy of this exemption, the data and documentation necessary to determine what is being recorded, and the data and documentation necessary to download and read out the DFDR and CVR of the affected airplane.

This exemption terminates on April 7, 2015

, unless sooner superseded or rescinded.

This letter must be attached to, and is a part of, Exemption No. 10491.

Issued in Washington, DC on April 30, 2012.

/s/

John M. Allen Director, Flight Standards

Service