AFS-12-054-E November 25, 2011 Exemption No. 10394 Regulatory Docket No. FAA-2011-1186

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 21, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Ryan International Airlines for an exemption from § 121.359(j)(4) and (k) 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 datalink recording requirements of § 121.359(j)(4) and (k).

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.10265 (copy enclosed), the FAA granted relief from recording datalink communication because the petitioner does not jeopardize individual airplane safety because the current equipment remains compliant with the recording requirements of § 121.359 except for the datalink communication recording requirement.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. 10265;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10265 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 § 121.359 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 covers only the recordation of the approved datalink communication message set as required by 14 CFR § 121.359 (j)(4) and (k).

3. A copy of this exemption must be retained with the operator’s airplane flight manual until the airplane identified in this exemption has incorporated the system

modifications.

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, Ryan International Airlines must provide a copy of this exemption.

5. Following receipt of the service bulletins for the required modification, 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 § 121.359(j)(4) and (k) described above or 18 months after the date of the exemption.

Sincerely,

/s/

Leslie Smith Acting Director, Flight Standards

Service

Enclosure