Exem ption No. 10488

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

FEDEX EXPRESS Regulatory Docket No. FAA-2012-0132

for an exemption from § 121.359(i) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated February 1, 2012, Mr. J. Mark Hansen, Lead Counsel Regulatory Affairs, FedEx Express (FedEx), 3131 Dem ocrat Road Memphis, Tennessee 38118, petitioned the Federal Aviation Administration (FAA) on behalf of FedEx for an exemption from § 121.359(i) of Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow FedEx to continue domestic ope ration of a significant portion of its Boeing 757-200 airplane fleet for 12 months after April 6, 2012, without a cockpit voice recorder (CVR) that complies with § 121.359(i).

The petitioner requests relief from the following regulation:

Section 121.359(i) requires that by April 7, 2012, all turbine engine-powered airplanes subject to this section that are manufactured before April 7, 2010, must have a CVR installed that “retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO–C123a, or later revision.”

The petitioner supports its request with the following information:

FedEx regularly acquires Boeing 757-200 airplanes from various operators for conversion to an all-cargo configuration. Each airplane is delivered to FedEx with a CVR system installed. However, FedEx states that approximately half of its B757-200 airplanes were purchased with a CVR that has a maximum recording capacity of 30 minutes, which is the currently regulatory requirement. The remainder of its B757 fleet are equipped with 2-hour CVRs.

AFS-12-251-E2

To standardize and update the CVR systems on these airplanes, FedEx purchased FAA Supplemental Type Certificate (STC) number ST02959CH from GE Aviation Systems LLC (GE Aviation) on May 5, 2011. Since that time, FedEx has ordered the parts necessary to comply with the STC. FedEx states that due to parts obsolescence, the initial lead time quoted by GE Aviation in August 2011 was fifteen months for the GE Aviation Combined Voice and Flight Data Recorder (CVFDR) and eleven months for the Recorder Control Unit (RCU).

FedEx states that it has continued to request GE Aviation reduce its lead time on parts delivery in order to meet the April 7, 2012 compliance date . As of October 25, 2011, FedEx anticipated that all RCUs would be delivered in March 2012, with the last CVFDR unit anticipated to be delivered by March 6, 2012. In its February 2012 petition, FedEx noted that even if all deliveries occur in March, they would be left with approximately 30 days to install the entire GE Aviation CVFDR system on more than 70 airplanes in order to meet the April 7 compliance date.

Accordingly FedEx has requested that it be allowed to continue to operate its B757s with the current 30-minute recorders for up to one year. This time period would allow GE Aviation to fulfill the parts requirements and for FedEx to install the combined recorder systems on its

aircraft.

FedEx states that if the exemption is not granted, it would be forced to ground a significant portion of its B757-200 fleet, significantly disrupting its domestic network of pick-up and delivery of high value, time sensitive shipments. FedEx states that grounding its fleet would have a serious economic impact on local, state and national economies, and that a grant of the exemption would be in the public interest.

FedEx states that there will be no degradation of flight safety or airworthiness if this exemption is granted. FedEx states that since a 30-minute CVR system is installed in each of the subject airplanes, cockpit voice communication will continue to be recorded and stored. The requested exemption to the new requirements of §121.359(i) will not remove this recording function, but allow FedEx time to receive parts from GE Aviation to meet § 121.359(i) and standardize its B757-200 fleet.

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any delay in acting on this petition would be detrimental to FedEx.3

The FAA’s analysis is as follows:

CVRs are required by regulation because they are recognized as an essential tool for investigating accidents and incidents. A lthough a CVR does not affect flight crew procedures, it is critical for later analysis of crew performance and the procedures used during an accident or incident. FedEx is working to install combined CVFDRs on the aircraft subject to this exemption. The FAA supports FedEx’s initiative to provide a redundant FDR; this exemption, however, is limited to the CVR function of that combined recorder.

The FAA appreciates the challenges associated with upgrading a large fleet of airplanes. However, the FAA is disappointed that FedEx, knowing full well in October 2011 that its parts would not be delivered until March 2012, did not request relief in the form of a petition for exemption until February 1, 2012

The FAA agrees that although the 30-minute CVR systems currently installed on the airplanes for which exemption is requested will not meet the requirements of the regulation, the 30-minute CVR will provides enough information to allow the airplanes to continue to operate in revenue service for a limited time. The petitioner’s argument for allowing continued operation of the airplanes with the 30-minute CVR system installed is acceptable.

Grounding these airplanes could result in a negative effect on commercial air service. FedEx is continuing its work with GE Aviation to obtain the parts necessary to install the STC, and has adopted an aggressive schedule to incorporate these installations. Based on these considerations, the FAA has determined that it is in the public interest to allow the continued operation of these airplanes until FedEx has modified the airplanes with the parts necessary for the new 2-hour CVR systems.

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, FedEx is granted an exemption from 14 CFR § 121.359(i) to the extent necessary to allow FedEx to temporarily operate newly obtained Boeing 757-200 airplanes, subject to the conditions and limitations listed below.

Conditions and Limitations:

1. This exem ption only applies to the Boeing 757-200 airplanes listed below while registered to and operated by FedEx:

N901FD, N902FD, N903FD, N904FD, N905FD, N906FD, N907FD, N908FD, N909FD, N910FD, N912FD, N913FD, N914FD, N915FD, N916FD, N917FD, N918FD, N919FD, N920FD, N921FD, N922FD, N923FD, N924FD, N925FD, N926FD, N928FD, N930FD, N933FD, N934FD, N935FD, N936FD, N937FD, N938FD, N939FD, N940FD, N941FD, N942FD, N943FD, N944FD, N946FD, N947FD, N948FD, N949FD, N950FD, N951FD, N952FD, N953FD, N954FD, N955FD, N956FD, N957FD, N958FD, N959FD, N960FD, N961FD, N962FD,4

N964FD, N965FD, N971FD, N973FD, N989FD, N990FD, N991FD, N992FD, N993FD, N994FD, N995FD, N996FD, N997FD, N998FD, N999FD

2. This exemption applies only to the duration requirements of § 121.359 (i)(2), and allows the continued use of a CVR with a maximum recording duration of 30 minutes until the CVR with a 2-hour recording duration is installed using Supplemental Type Certificate ST02959CH.

3. A copy of this exemption must be retained with the operator’s documentation until all airplanes identified in this exemption have § 121.359(i) compliant CVR systems.

4. In the event of an accident or incident after which the CVR data must be sent to the FAA or the National Transportation Safety Board, FedEx must provide a copy of this exemption with that data.

5. Within 30 days from the date of this exemption, FedEx must establish a firm schedule for accomplishment of the modifications and provide the schedule to its Principal Avionics Inspector (PAI). FedEx must also provide the PAI a quarterly report outlining the progress made toward bring the subject airplanes into compliance.

6. No airplanes may be added to the list of affected airplanes listed in item 1, regardless of the date of acquisition. Removal of a listed aircraft from FedEx’s Operations Specifications does not affect the validity of this exemption for the remaining aircraft listed in this exemption.

7. No extensions of this exemption will be considered regardless of any service impact claimed by the operator.

8. Noncompliance with the terms of these conditions and limitations will terminate this exemption immediately for all of the listed airplanes, and the airplanes may not operate until shown to be complaint with the applicable regulations.

This exemption terminates on the sooner of the installation of the 2-hour CVR described in the petition on the last aircraft identified in this exemption, or 12 months after the date of the exemption

, whichever occurs first, unless sooner superseded or rescinded.

Issued in Washington, DC, on March 26, 2012.

/s/

John S. Duncan Acting Director, Flight Standards

Service