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January 16 , 2015

Exemption No. 10491B Regulatory Docket No. FAA

- 2011

- 0342

Mr. Douglas M. Lane

Director Regulatory Administration Boeing Commercial Airplanes

P.O. Box 3707 MC 0 3

- 56 Seattle, WA 98124

Dear Mr. Lane :

This letter is to inform you that we have granted your petition to extend Exemption No. 10491, as amended . It explains the basis for our decision , desc ribes its effect, and lists the

conditions and limitations.

Th e Basis for Our Decision

By letter dated December 5

, 2014 you petitioned the Federal Aviation Administration (FAA)

on behalf Boeing Commercial Aircraft (Boeing), P.O. Box 3707, M/C 03

- 56 , Seattle, Washington 98124

, for an exemption from §§ 91.609(c)(1) an d 91.609(i)(3) of Title 14 Code of Federal Regulations (14 CFR). The proposed exemption extension , if granted, would allow Boeing to operate certain U.S. registered aircraft that do not meet specific flight data recorder (FDR) and cockpit voice recorder ( CVR) requirements on certain types of flights required to support production, delivery, and marketing.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis fo r granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the req uested extension of the exemption would not set a precedent and any delay in acting on thi s petition would be de trimental to Boeing

.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10491

, as amended

, remains valid with respect to this exemption and is in the public interest. Therefore,

under the au thority provided by 49 U.S.C. §§ 106(f), 40113 and 44701

, which the FAA Administrator has delegat ed to me, I hereby grant Boeing Commercial Aircraft exemption from 14 CFR §§ 91.609(c)(1) and (i)(3) to the extent necessary to temporarily operate newly

manuf actured 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. This exemption applies only to the Boeing airplane models 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 in dependent power source for the CVR

.

3. No other requi rements of 14 CFR § 91.609 may be added to condition number 2. Boeing must identify the noncompliance specified in condition number 2 on each

aircra ft listed in Tables 1, 2, and, 3, or later added. An airplane that lacks the equipment to meet one, two, o r all three of the requirements listed in condition number 2 qualifies for the use of this exemption.

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 und er this exemption, the requirements of condition number 3 of this grant, and any other information found necessary by Boeing’s C ertificate Management O ffice ( 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 e vent 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

documentatio n necessar y to download and read out the digital FDR and CVR of the affected airplane3

The Effect of Our Decision

Th is exemption terminates on April 30

, 2017 unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service