AFS-11-273-E September 6, 2011

Exemption No. 10352 Regulatory Docket No. FAA-2011-0391

Mr. Joseph Slavinsky Manager, Avionics Department FedEx Express

3131 Democrat Road Memphis, TN 38118

Dear Mr. Slavinsky:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated April 11, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of FedEx Express (FedEx) for an ex emption from § 121.359(k) of Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow FedEx to operate

four MD-11 series aircraft for 18 months from the date of this letter without complying with the cockpit voice recorder (CVR) requirement to record digital datalink communication

messages.

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

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to FedEx.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10265 (copy enclosed), the FAA found that delaying introduction of these airplanes into service could result in a negative

effect on commercial air service.2

FedEx states safety would not be compromised since these four MD-11 aircraft match the capabilities of the 60 aircraft in FedEx’s MD-11 fleet, and the aircraft are scheduled to be upgraded as required.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 10265;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10265 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant FedEx Express an exemption from 14 CFR § 121.359(k) to the extent necessary to allow FedEx to temporarily operate newly delivered MD-11 aircraft, subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption only applies to the following aircraft while registered to and operated by FedEx:

Model No. MSN No.

MD-11 48444

MD-11 48446

MD-11 48484

MD-11 48486

2. This exemption covers only the recordation of the approved datalink communication message set as required by 14 CFR § 121.359(k).

3. A copy of this exemption must be retained with the operator’s airplane flight manual until all airplanes identified in this exemption have incorporated the system modifications.

4. In the event of an accident or incident after which the CVR data must be sent to the National Transportation Safety Board (NTSB), FedEx must provide a copy of this exemption to the NTSB along with the data.

5. Following receipt of the requisite service bulletins, FedEx must provide to its principal avionics inspector a schedule for the completion of the new installations for each affected airplane.

6. FedEx must provide a copy of this exemption to its Certificate Management

Office.3

This exemption terminates on the sooner of the equipment installations and aircraft modifications necessary to bring the subject airplanes into compliance with 14 CFR § 121.359(k) described above, or 18 months after the date of the exemption

, unless sooner superseded or rescinded.

Sincerely,

/s/

David Gilliom Acting Director, Flight Standards

Service

Enclosure