AFS-11-184-E April 1, 2011

Exemption No. 10232 Regulatory Docket No. FAA-2011-0145

Mr. Daniel B. Haddix Director-Quality Assurance

United Parcel Service 1400 N. Hurstbourne Parkway Louisville, KY 40223

Dear Mr. Haddix:

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 letters dated February 14 and March 1, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of United Parcel Service Co. (UPS) for an exemption from § 121.344 of Title 14, Code of Federal Regulations (14 CFR). This exemption would allow UPS to continue to operate 18 Boeing 767 AF seri es aircraft for 18 months from delivery of the aircraft without complying with § 121.344 and part 121, appendix M, footnote 18.

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 UPS.

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 United Parcel Service Co. an exemption from 14 CFR § 121.344 to the extent necessary to allow UPS to temporarily operate 18 newly delivered Boeing 767 AF series aircraft, subject to the conditions and limitations described

below.

Conditions and Limitations

1. This exemption only applies to the following aircraft.

Make Model Registration No. Serial No. Boeing 767-34AF N342UP 37865 Boeing 767-34AF N343UP 37945 Boeing 767-34AF N344UP 37866 Boeing 767-34AF N345UP 37867 Boeing 767-34AF N346UP 37868 Boeing 767-34AF N347UP 37871 Boeing 767-34AF N348UP 37872 Boeing 767-34AF N349UP 37947 Boeing 767-34AF N350UP 37873 Boeing 767-34AF N351UP 37874 Boeing 767-34AF N352UP 37875 Boeing 767-34AF N353UP 37877 Boeing 767-34AF N354UP 37862 Boeing 767-34AF N355UP 37863 Boeing 767-34AF N356UP 37869 Boeing 767-34AF N357UP 37876 Boeing 767-34AF N358UP 37864 Boeing 767-34AF N359UP 37870

2. This exemption allows the above listed aircraft to operate with the digital flight data recorder (DFDR) sampling rate requirements that were in effect before December 6, 2010, as listed in part 121, appendix M, for parameter 18 (lateral acceleration) and parameter 88 (rudder pedal, control wheel, and control column left and right forces).3

3. A copy of this exemption must be retained with the operator’s DFDR correlation documentation as specified in § 121.344(j) until the airplanes identified in this exemption have incorporated the digital flight data acquisition unit (DFDAU) system 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, UPS must provide a copy of this exemption.

5. Following receipt of the modification service bulletin, UPS must provide to its principal avionics inspector a schedule for the completion of the new installation.

This exemption terminates on the sooner of the installation of the flight data interface management software update correcting the problem as stated above

, or 18 months after the date of issuance of the exemption

, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosure