AFS-12-057-E November 25, 2011

Exemption No. 10393 Regulatory Docket No. FAA-2011-1185

Mr. Gerald Miller Avionics Systems Engineer Ryan International Airlines

4949 Harrison Ave. Rockford, IL 61108

Dear Mr. Miller:

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 October 20, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Ryan International Airlines for an exemption from § 121.344(f) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Ryan International Airlines to operate its A330-343 (MSN 1231) aircraft from delivery of the aircraft without complying with certain flight data recorder requirements in § 121.344(f) and part 121, appendix M.

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 Ryan International Airlines.

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.10200 (copy enclosed), the FAA granted relief from recording a parameter listed under § 121.344(f) and part 121, appendix M, footnote 18, because the petitioner minimized the imp act of the loss of the flight recorder data and showed the loss of the data did not affect the safety of the aircraft.2

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. 10200;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10200 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 Ryan International Airlines an exemption from 14 CFR § 121.344(f) and part 121, appendix M, footnote 18 to the extent necessary to allow Ryan International Airlines to temporarily operate one newly delivered A330-343 (MSN 1231) aircraft, subject to the conditions and limitations described below.

Conditions and Limitations

1. This exemption only applies to A330-343 (MSN 1231) while registered to and operated by Ryan International Airlines.

2. This exemption allows this aircraft to operate with the digital flight data recorder (DFDR) sampling rate requirements that were in effect on December 5, 2010, as listed in part 121, appendix M, for parameters 12, 13, 14, 15, 16, 17, and 88.

3. A copy of this exemption must be retained with the operator’s DFDR correlation documentation as specified in § 121.344(j) until the airplane identified in this exemption has incorporated the digital flight data recorder system retrofit

modification.

4. In the event of an accident or incident after which the DFDR data must be sent to the FAA or the National Transportation Safety Board (NTSB), Ryan International Airlines must provide the NTSB copy of this exemption.

5. Following receipt of the modification service bulletin, Ryan International Airlines must provide to its principal avionics inspector a schedule for the completion of

the new installation.3

This exemption terminates on the sooner of the equipment installations and aircraft modifications necessary to bring the subject airplane into compliance with 14 CFR § 121.344(f) and part 121, appendix M, footnote 18 as described above or 18 months after the date of the exemption.

Sincerely,

/s/

Leslie Smith Acting Director, Flight Standards

Service

Enclosure