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 Airplanes

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 exemption, 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 Airplanes (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 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 requested that this exemption be amended to permanently 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 response from the FAA by January 26, 2017.
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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 the 

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 this exemption and is in the public interest. However, 

the 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. This exemption applies only to the Boeing airplane models in Table 1 below that do 

not meet the requirements specified in Condition 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 Appendix 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 independent power source for the CVR.

737-NG -600/-700/-700C/-800/-900ER

767 -200/-300/-300F/-400ER

777 -200/-200LR/-300/-300ER/Freighter

737-MAX -7/-8/-8200/-9
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3. No other requirements of 14 CFR § 91.609 may be added to Condition and Limitation 

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

No. 2 on each aircraft according to its FAA accepted Boeing Quality Management 

System. An airplane that lacks the equipment to meet one, two, or both of the 

requirements listed in Condition 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 process must include a list of aircraft being operated 

under this exemption, the requirements of Condition 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 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

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 Service
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