Exemption 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 Democrat 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 operation 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-E 
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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. 
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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. Although 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 exemption 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, 
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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