Exemption No. 10491 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

BOEING COMMERCIAL Regulatory Docket No. FAA-2011-0342 

AIRCRAFT 

 

for an exemption from §§ 91.609(c)(1) 

and 91.609 (i)(3) of Title 14, Code of 

Federal Regulations 

 

 

GRANT OF EXEMPTION 

By letter dated March 30, 2011, Mr. Ron Hinderberger, VP, Regulatory Administration, 

Boeing Commercial Aircraft (Boeing), P.O. Box 3707, M/C 03-37, Seattle, Washington 

98124-2207, petitioned the Federal Aviation Administration (FAA) on behalf of Boeing for 

an exemption from §§ 91.609(c)(1) and 91.609(i)(3) of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would allow Boeing to operate certain U.S.-

registered aircraft that do not meet specific flight data recorder and cockpit voice recorder 

requirements on certain types of flights required to support production, delivery, and 

marketing. 

The petitioner requests relief from the following regulation:

Section 91.609(c)(1) prescribes, in pertinent part, digital flight data recorders (DFDR) 

that are capable of recording the data specified in 14 CFR part 91, Appendix E, Note 5 

(increased data sampling rate for pitch control position for aircraft manufactured after 

April 6, 2012). 

Section 91.609(i)(3) prescribes, in pertinent part, that all aircraft manufactured on or 

after April 6, 2012, have installed a cockpit voice recorder (CVR) that meets the 

requirements of 14 CFR §§ 25.1457(a)(6) (recordation of datalink communications) and 

25.1457(d)(5) (10-minute independent power source). 

AFS-11-253-E 
2

The petitioner supports its request with the following information: 

The petitioner requests an exemption that would allow certain model 737-NGs, model 

767, and model 777 aircraft to operate with DFDRs and CVRs that do not meet the 

requirements of §§ 91.609 (c)(1) and (i)(3). If granted, an exemption would allow 

Boeing to conduct certain flights associated with the production and sale of new 

Boeing aircraft that will not be registered in the United States. 

Model Type 

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

767 -200/300/300F/400ER 

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

The petitioner states that for all 737-NGs, 767s, and 777s intended for U.S. registry or 

operation, it installs DFDR and CVR systems that comply with 14 CFR 

§§ 91.609(c)(1) and (i)(3). 

The petitioner states that many non-U.S. entities have different operating and 

airworthiness requirements that do not include the equipment required by these U.S. 

regulations. Accordingly, purchasers of the subject airplanes that will not be registered 

in the United States are offered this equipment as an option and often choose not to 

install it. 

Boeing states that before the delivery of any airplane, to a U.S. or foreign operator, it 

conducts several different types of flight operations to show compliance to 14 CFR, 

foreign regulatory requirements and/or to meet production needs. These are generally 

known as B1 and C1 flights, or as production acceptance flights. These flights are 

operated under temporary U.S. registration while under Boeing’s control, and must 

comply with the requirements of Part 91. Without relief from these regulations, Boeing 

would not be able to conduct these flights for aircraft manufactured after April 6, 2012, 

that are being delivered to non-U.S operators. 

The petitioner provided examples of the flights conducted to support production. 

Boeing 737 aircraft manufactured in Renton, WA, are flown on an initial test flight 

known as the B1 flight. This flight originates at Renton Field (RNT) WA, and 

terminates at Boeing Field (BFI), in Seattle, WA. 

Boeing 767 and 777 aircraft are manufactured in Everett, WA. Their B1 flight 

originates and ends at Paine Field (PAE). 

These operations, subject to part 91, are conducted in accordance with limitations 

associated with a Special Airworthiness Certificate, FAA form 8130-7, issued by the 

FAA. Aircraft conducting B1 flights are using Boeing’s “Dealer’s Aircraft 

Registration Certificate” in accordance with 14 CFR § 47.61. 
3

The flights from BFI and PAE are made in support of various production needs, 

including production certification tests, customer demonstrations, investigation of 

customer complaints, data acquisition, and publicity. Boeing states there are 

geographical restrictions associated with the operations of the aircraft, limiting 

operations to the Northwest Mountain Region and adjacent coastal waters. These 

aircraft have not been issued a FAA Standard Certificate of Airworthiness (CofA). 

Boeing states that typically, aircraft intended for foreign operators are delivered to the 

new owner in Seattle/Everett, WA at which point the FAA will issue an Export CofA. 

Occasionally, these aircraft will be flown to and delivered in a location other than 

Washington State before title transfers and the Export CofA is issued. These aircraft 

are flown as U.S.-registered aircraft under the authority of a special flight permit (SFP) 

issued by the FAA’s Seattle Flight Standards District Office (FSDO). 

Boeing also states that on occasion, it needs to ferry certain aircraft to a facility for 

maintenance, alteration or storage within the United States. These U.S.-registered 

aircraft are intended for later delivery to foreign entities but will not be registered in the 

United States after transfer. These aircraft will have been issued a FAA Standard CofA 

in Seattle or Everett, before flying to the other domestic locations. These flights are 

also authorized for operation under an SFP issued by the Seattle FSDO. 

The petitioner states that if this exemption is not granted to conduct these various types 

of production flights, it will be required to install DFDR and CVR systems that are 

fully compliant with 14 CFR § 91.609 on every airplane and then uninstall the 

equipment after the flight tests to return them to their contracted configurations. 

As an example, Boeing states that for a 737NG, it would need to install and uninstall, a 

CVR independent power supply and associated wiring to comply with 

14 CFR § 25.1457(d)(5); these changes may require a separate certification effort. 

The petitioner states that safety would not be affected. The aircraft are manufactured 

under the same manufacturing system that produces approximately 40 aircraft a month 

and is subject to FAA oversight. The petitioner states that its system ensures that 

newly manufactured aircraft can safely conduct their initial test flights. These aircraft 

are also maintained in accordance with the requirements of §§ 91.409(e) and (f)(3) and 

Boeing maintenance instructions. The pilot in command will hold an appropriate 

category class rating and jet aircraft type rating. The petitioner states that no persons 

will be carried on the flights unless that person is required for the purpose of the flight 

and that the aircraft will be operated in accordance with all other applicable air traffic 

and general operating rules of part 91. 

The petitioner went on to explain many of the other regulatory requirements for 

operation and maintenance of these airplanes that will continue to be fulfilled in the 
4

normal course of operation. The petitioner also noted that DFDRs and CVRs do not 

materially affect the operational safety of the airplane. 

The petitioner states that a grant of this petition would be in the public interest because 

denial would significantly reduce its ability to operate aircraft in support of production, 

testing, and sales. A denial of this exemption would force Boeing to build new aircraft 

with features that the foreign operators do not want, nor are required to have, resulting 

in increased costs to produce, purchase, operate and maintain, and hindering Boeing’s 

ability to compete in the marketplace. 

 Although the petitioner requested that action on its petition not be delayed for publication 

in the Federal Register, the FAA found that the petition, if granted, would set a precedent. A 

summary of this petition was published in the Federal Register on May 2, 2011 

(76 FR 24560). No comments were received. 

The FAA’s analysis is as follows: 

The FAA recognizes a unique set of circumstances outlined by the petitioner. The 

FAA was unaware of these circumstances when it amended § 91.609 in 2008, since no 

comments were received regarding this issue when the rule was proposed. 

The subject aircraft are being built to the specifications of a foreign purchaser and are 

not intended to have United States registration. As such, these aircraft do not need to 

meet the DFDR and CVR operational requirements that are applicable to U.S.-

registered aircraft. Equipping these aircraft with DFDR and CVR systems compliant 

with the requirements of § 91.609 would add significant cost and complexity to an 

aircraft. However, since Boeing conducts test and pre-delivery positioning flights 

under a temporary N-number registration, those operations are subject to part 91 CVR 

and DFDR recorder requirements, and to accomplish these operations an exemption is 

required. The FAA agrees with Boeing that under these unique circumstances, an 

exemption from these requirements is warranted. 

Boeing provided the FAA with a list of airplanes by serial number that it anticipates 

will be delivered in 2012 under this exemption, approximately 300 airplanes. Granting 

a petition for exemption that applies to such a large and shifting number of airplanes, as 

well as the limited time under which each aircraft will operate, presents an equally 

unique situation for the FAA. To address the challenges that arise from these 

circumstances, this exemption requires Boeing to establish a strict process for 

controlled use of the exemption. This exemption may be used only for airplanes that 

are manufactured for sale to an operator that will register the airplane in a country that 

does not have the DFDR or CVR requirements described in this exemption 

(specifically, §§ 91.609(c)(1) (as regards Appendix E Note 5 DFDR data rate), and 

(i)(3) (as regards the recordation of datalink communications and the 10-minute 

independent power source for the CVR)), and on which the noted equipment is not 

installed. Boeing must submit the process for controlled application of the exemption 
5

to its Certificate Management Office (CMO) to be reviewed and approved. The CMO 

will oversee the management of this exemption, including the continued addition and 

removal of airplanes eligible to use the exemption. 

The FAA has determined that, with the conditions described in this letter, the effect on 

safety of granting this exemption would be minimal. For the small number of flights 

that would be conducted without DFDRs and CVRs that meet the specified 

requirements, the risk of accidents for which relevant data would otherwise be recorded 

is extremely low. Further, the cost of requiring full compliance with § 91.609 for these 

few flights would be unduly burdensome. It is in the public interest to conduct these 

limited production acceptance flights with equipment in the “as delivered” 

configuration to verify the system operational function for airplanes that will be 

exported to countries that have different DFDR and CVR equipment requirements. 

The FAA’s Decision: 

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, Boeing is granted an exemption from 14 CFR §§ 91.609(c)(1) and 

91.609(i)(3) to the extent necessary to allow Boeing to temporarily operate, using its dealer 

registration numbers, airplanes that are not to be registered in the United States, subject to the 

conditions and limitations listed below. 

Conditions and Limitations: 

1. On the date of this grant, this exemption applies only to the Boeing airplanes listed in 

Tables 1, 2, and 3, attached to this exemption, that do not meet the requirements 

specified in condition number 2, while registered to and operated by Boeing. 

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; 

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

and a 10-minute independent power source for the Cockpit Voice Recorder. 

3. No other requirements of § 91.609 may be added to condition number 2. Boeing must 

identify the noncompliances specified in condition number 2 on each aircraft listed in 

Tables 1, 2, and 3, attached to this exemption or later added. An airplane that lacks 

the equipment to meet one, two, or all three of the requirements listed in condition 

number 2 qualifies to use this exemption. 

4. Boeing will develop a process to identify the aircraft to which this exemption applies. 

Such process will include a list of aircraft being operated under this exemption, the 

requirements of condition number 3 of this grant, and any other information found 
6

necessary by Boeing’s CMO. The process and lists must be deemed acceptable to the 

CMO within 120 days of the date of this exemption. Following acceptance by the 

CMO, Boeing will be allowed to add or remove aircraft from the lists provided for 

compliance with this exemption. 

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 DFDR and CVR of the 

affected airplane. 

This exemption terminates on April 7, 2015, unless sooner superseded or rescinded. 

Issued in Washington, DC, on April 2, 2012. 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service 
7

Table 1 – Boeing 737 Airplanes

Line Variable 

No No Cust. Lessee 

4004 YR175 BEJ 

4005 YR282 COP 

4008 YS302 MLI 

4010 YS057 TCI QAN 

4011 YF649 RYR 

4012 YS155 XIA 

4013 YR987 PGS 

4014 YP202 BAC ZDZ 

4015 YS702 ARE 

4016 YR532 GEF SNU 

4017 YF650 RYR 

4018 YS032 GCF UKA 

4020 YH614 THY 

4021 YR932 TAV 

4023 YR988 PGS 

4024 YR140 CGP BRI 

4025 YS221 AWW ROJ 

4026 YR445 GIA 

4028 YS104 SHG 

4029 YS721 SHZ 

4030 YR506 GEF TSF 

4031 YR458 GUN 

4033 YR283 COP 

4034 YR658 CGP SKM 

4035 YD419 BBJ LTY 

4036 YR859 HNA 

4037 YR252 NSB 

4038 YH603 KAL 

4041 YR953 THY 

4042 YR092 BBB MAS 

4044 YH615 THY 

4046 YS303 MLI 

4047 YR811 VOZ 

4048 YL234 JAL 

4049 YR315 BER 

4051 YR538 GEF COP 

4054 YS222 AWW ROJ 

4055 YP014 BAC ZVD 

4056 YH520 MLI 

4057 YS501 HAZ KAL 

4060 YR176 BEJ 

4061 YS105 SHG 

4062 YQ321 VLS JAL 

Line Variable 

No No Cust. Lessee 

4063 YR860 HNA 

4064 YR459 GUN 

4065 YR316 BER 

4067 YR253 NSB 

4070 YR835 VOZ 

4071 YS304 MLI 

4074 YL235 JAL 

4075 YR433 ETH 

4076 YR460 GUN 

4077 YS305 MLI 

4080 YH604 KAL 

4081 YR017 JXB 

4082 YR954 THY 

4083 YR539 GEF COP 

4085 YR093 BBB MAS 

4087 YQ502 WJI 

4089 YR812 VOZ 

4090 YR254 NSB 

4091 YQ322 VLS JAL 

4092 YS306 MLI 

4094 YS371 CML 

4095 YK999 EGP 

4096 YR018 JXB 

4097 YQ020 GEF CEA 

4098 YH616 THY 

4099 YP015 BAC ZVD 

4101 YF871 VLS CEA 

4102 YS106 SHG 

4103 YN605 GUN 

4104 YL236 JAL 

4105 YR059 MAS 

4107 YS722 SHZ 

4109 YR836 LOM VOZ 

4110 YH617 THY 

4111 YR528 GEF JPL 

4112 YS156 XIA 

4114 YR661 CGP GOT 

4115 YR861 HNA 

4116 YS703 ARE 

4117 YR177 BEJ 

4118 YR317 BER 

4119 YR841 VOZ 

4120 YN606 GUN 
8

Line Variable 

No No Cust. Lessee 

4121 YS157 XIA 

4122 YL237 JAL 

4123 YR842 VOZ 

4124 YR619 GOT 

4125 YS307 MLI 

4127 YR529 GEF JPL 

4128 YH521 MLI 

4130 YG135 BBJ SST 

4131 YR060 MAS 

4132 YR843 VOZ 

4133 YN553 CEA 

4134 YH618 THY 

4135 YS158 XIA 

4136 YQ456 EGP 

4137 YS271 AMX 

4138 YR461 GUN 

4139 YR530 GEF JPL 

4140 YH522 MLI 

4141 YP016 BAC ZVD 

4144 YR662 CGP GOT 

4145 YS107 SHG 

4146 YS723 SHZ 

4147 YR862 HNA 

4148 YG136 BBJ MMK 

4149 YR178 BEJ 

4150 YS058 QAN 

4151 YF068 ANA 

4152 YQ323 VLS JAL 

4153 YS159 XIA 

4154 YR462 GUN 

4156 YR844 VOZ 

4157 YR255 NSB 

4158 YS724 SHZ 

4159 YR318 BER 

4160 YR620 GOT 

4161 YR256 NSB 

4165 YR463 GUN 

4166 YF651 RYR 

4167 YR416 AWW ARG 

4169 YF652 RYR 

4170 YS551 ILF CEA 

4171 YR863 HNA 

4172 YR837 LOM VOZ 

4173 YS166 XIA 

4174 YF653 RYR 

Line Variable 

No No Cust. Lessee 

4175 YS725 SHZ 

4176 YH619 THY 

4177 YQ021 GEF CEA 

4178 YR464 GUN 

4179 YR284 COP 

4180 YS308 MLI 

4181 YP203 BAC ZDZ 

4184 YR319 BER 

4185 YS272 AMX 

4186 YR417 AWW ARG 

4187 YS160 XIA 

4189 YR540 GEF COP 

4190 YF654 RYR 

4191 YS552 ILF CEA 

4192 YS059 QAN 

4193 YS309 MLI 

4194 YR845 VOZ 

4196 YR257 NSB 

4198 YS561 CEA 

4199 YS060 QAN 

4201 YR838 LOM VOZ 

4202 YR179 BEJ 

4203 YR663 CGP GOT 

4204 YF655 RYR 

4205 YS771 SIL JPL 

4206 YS310 MLI 

4207 YR465 GUN 

4208 YR094 BBB MAS 

4209 YR320 BER 

4211 YF656 RYR 

4213 YR180 BEJ 

4214 YS502 HAZ KAL 

4215 YS167 XIA 

4216 YR019 JXB 

4217 YR061 MAS 

4219 YP017 BAC ZVD 

4220 YF657 RYR 

4221 YR285 COP 

4222 YS273 AMX 

4225 YS223 AWW ROJ 

4226 YS311 MLI 

4227 YF658 RYR 

4228 YF069 ANA 

4229 YS372 CML 

4231 YR434 ETH 
9

Line Variable 

No No Cust. Lessee 

4233 YR288 CGP COP 

4234 YR258 NSB 

4236 YH523 MLI 

4237 YR095 BBB MAS 

4238 YS312 MLI 

4240 YF659 RYR 

4241 YS591 HAZ CEA 

4243 YR020 JXB 

4244 YR466 GUN 

4245 YS553 ILF CEA 

4246 YR062 MAS 

4248 YR621 GOT 

4249 YF660 RYR 

4250 YR435 ETH 

4251 YR181 BEJ 

4252 YS373 CML 

4253 YS201 TUM BRI 

4256 YP018 BAC ZVD 

4257 YR096 BBB MAS 

4258 YN554 CEA 

4261 YF661 RYR 

4262 YR182 BEJ 

4264 YR321 BER 

4265 YS726 SHZ 

4266 YH524 MLI 

4267 YR989 PGS 

4268 YK493 CGP WJI 

4270 YS772 SIL JPL 

4271 YS108 SHG 

4272 YR386 LUX 

4274 YR467 GUN 

4275 YR186 BEJ 

4276 YR063 MAS 

4277 YR021 JXB 

4279 YS374 CML 

 

Line Variable 

No No Cust. Lessee 

4280 YK696 GEF SAS 

4281 YR322 BER 

4282 YF070 ANA 

4283 YR622 GOT 

4284 YH525 MLI 

4287 YR064 MAS 

4288 YR990 PGS 

4289 YR259 NSB 

4291 YR623 GOT 

4293 YQ503 WJI 

4294 YP019 BAC ZVD 

4295 YR260 NSB 

4298 YR991 PGS 

4299 YS202 TUM BRI 

4300 YR468 GUN 

4301 YN651 BEJ 

4303 YF872 VLS CEA 

4304 YR864 HNA 

4305 YS704 ARE 

4306 YS168 XIA 

4307 YR469 GUN 

4308 YH620 THY 

4310 YR413 AWW SKM 

4311 YS109 BBB SHG 

4313 YQ203 SHA 

4314 YS313 MLI 

4316 YR261 CGP NSB 

4317 YR065 MAS 

4319 YR624 GOT 

4320 YS314 MLI 

4321 YK697 GEF SAS 

4324 YR955 THY 

4325 YG137 BBJ HYN 

4327 YR533 GEF SNU 

4328 YR323 BER 

4329 YR625 GOT 
10

Table 2 – Boeing 767 Airplanes 

Line Variable 

No No Cust. 

1027 VT551 AHY 

1029 VT001 LAN 

1030 VS977 AHY 

1031 VT002 LAN 

1032 VT552 AHY 

1033 VT003 LAN 

1034 VT004 LAN 

1036 VT544 DHI 

1037 VT005 LAN 

1038 VT006 LAN 

1039 VT545 DHI 

1040 VT007 LAN 

1041 VT546 DHI 

1042 VT008 LAN 

1043 VT009 LAN 

1045 VT010 LAN 

Table 3 – Boeing 777 Airplanes 

Line Variable 

No Cust. No.o. 

1000 EAD WE193 

1001 AFA WE251 

1003 CAT WE237 

1004 QTR WF114 

1005 ANA WC591 

1006 AUX WD117 

1007 AFA WE252 

1008 CAT WE238 

1009 BEJ WE156 

1010 EAD WE194 

1012 CAT WE239 

1013 AFA WE253 

1014 EAD WE195 

1016 ANA WC592 

1017 BEJ WE157 

1018 EAD WE196 

1019 ETI WE261 

 

Line Variable 

No Cust. No.o. 

1020 KLM WD916 

1021 EAD WE197 

1022 PAL WD991 

1023 KAL WD955 

1024 EAD WE198 

1025 SVA WE230 

1026 KAL WF137 

1027 AAR WC586 

1028 EAD WE199 

1029 KLM WD917 

1030 SIL WE271 

1031 EAD WE200 

1032 BEJ WE158 

1034 EAD WE201 

1035 QTR WD888 

1036 TPR WD940 

1037 EAD WE202 

 

Line Variable

No Cust. No.o.

1039 EAD WE203 

1040 CAT WE240 

1042 TPR WD941 

1043 GEF WF151 

1044 EAD WE204 

1045 BEJ WE159 

1046 DUE WF035 

1047 EAD WD923 

1049 SIL WE272 

1051 BEJ WE160 

1052 TPR WD942 

1054 GEF WF152 

1055 EAD WD924 

1056 PAL WD992 

1058 EAD WD925 

1059 TPR WD943 

1060 EAD WF036 

1061 SVA WE231