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 Administration (FAA) is amending Exemption No. 10491, for Boeing 

Commercial Aircraft (Boeing). That exemption from § 91.609 of Title 14, Code of Federal 

Regulations (14 CFR) allows Boeing to conduct 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. 
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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 determined 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 Exemption No. 10491 is amended by revising the paragraph titled “The 

FAA’s Decision:” that immediately precedes the 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. 
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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