AFS-15-219-E

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 03-56

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, describes its effect, and lists the

conditions and limitations.

The 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) and 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 for 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 requested extension of the exemption would not set a 

precedent and any delay in acting on this petition would be detrimental to Boeing.
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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 authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated 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 

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. 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 independent power source for the CVR.

3. No other requirements of 14 CFR § 91.609 may be added to condition number 2. 

Boeing must identify the noncompliance specified in condition number 2 on each 

aircraft listed in Tables 1, 2, and, 3, 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 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 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 digital FDR and CVR of the 

affected airplane
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The Effect of Our Decision

This exemption terminates on April 30, 2017 unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service