AFS

- 16

- 106690

- E February 13, 2017

Exemption No. 10491C Regulatory Docket No. FAA

- 2011

- 0342

Mr. Douglas M. Lane

Director , Commercial Airplanes Regulatory Administration Boeing Commercial Airpla nes P.O. Box 3707 MC 03

- 56 Seattle, WA 98124

Dear Mr. Lane :

This letter is to inform you that we have partially granted your petition to extend Exemption No. 10491, as amended

. It transmits our decision, explains its basis, and gives you the

conditions and limitations of the exempti on, including the date it ends.

The Basis for Our Decision

By letter dated November 10, 2016, you petitioned the Federal Aviation Administration (FAA) on behalf of Boeing Commercial Air planes (Boeing), P.O. Box 3707, M/C 03

- 56

, Seattle, Washington 98124

, for an extension and amendment of Exemption No., 10491, as

amended. That exemption from §§ 91.609(c)(1) and 91.609(i)(3) of Title 14 Code of Federal Regulations (14 CFR) allows Boeing to operate certain U.S. registered airc raft 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 requested that this exemption be amended to p ermanently extend the existing exemption.

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.

You also requested a resp onse from the FAA by January 26, 2017.2

Our Decision

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. The FAA notes that 14 CFR, section 11.63 instructs petitioners for exemption to file their petition at least 120 days prior to the date they need the exemption to take effect. Therefore, given t he date the petition was entered in the docket, the FAA is not able to respond by the requested date of January 26, 2017.

The FAA has determined that the justification for the issuance of Exemption No. 10491, as amended, remains valid with respect to thi s exemption and is in the public interest. However,

t he FAA notes that exemptions are time limited and are not permanently granted. Therefore, your request to extend this exemption permanently is denied and this exemption is extended

for a two

- year period to include the 737 MAX

- 7/

- 8/

- 8200/

- 9 series airplanes.

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 Airplanes (Boeing) 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. T his exemption applies only to the Boeing airplane models in Table 1 below that do not meet the requirements specified in C ondition and Limitation No. 2, while registered to and operated by Boeing.

Table 1 . List of applicable Boeing airplane models

2. This exemption applies only to the following requirements of 14 CFR § 91.609:

a. Paragraph (c)(1) as it requires compliance with Ap pendix E, Note 5 on digital flight data recorder data rates for pitch control position; and

b. Paragraph (i)(3) as it requires recordation of installed datalink communications and

a 10

- minute in dependent power source for the CVR

. 737

- NG

- 600/

- 700/

- 700C/

- 800/

- 900ER

767

- 200/

- 300/

- 300F/

- 4 00ER

777

- 200/

- 200LR/

- 300/

- 300ER/Freighter

737

- MAX

- 7/

- 8/

- 8200/

- 93

3. No other requirements of 14 CFR § 91.609 may be added to C ondition and Limitation

No. 2. Boeing must identify the noncompliance specified in C ondition and Limitation

No. 2 on each aircra ft according to its FAA accepted Boeing Quality Management System . An airplane that lacks the e quipment to meet one, two, or both o f the requirements listed in C ondition and Limitation No. 2 qualifies for the use of this exemption.

4. Boeing must continue to maintain its process used to add and remove aircraft to which this exemption applies. This p rocess must include a list of aircraft being operated under this exemption, the requirements of C ondition and Limitation No. 3 of this grant, and any other information found necessary by Boeing’s Certificate Management Office ( CMO ).

5. A copy of this exempti on 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 ne cessary to determine what is being recorded, and the data and

documentation necessar y to download and read out the digital FDR and CVR of the affected airplane

The Effect of Our Decision This exemption terminates on April 30, 2019 unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service4