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 exemption 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. 
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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. 
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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