# ~BEING

NOV 10

## 2016

RA-16-04206

U.S. Department of Transportation DocketOperations, M-30 1200 NewJersey Avenue, S.E. Room W12-140, West Bldg. Ground Floor Washington, DC 20590-0001 Dear Sir or Madam, ElizabethA. Pasztor ODA Lead Adm:nistrator Regulatory Administration Commercial Airplanes The Boe1ng Company P.O. Box3707 MC03-37 Seattle, WA98124·2207



### Subject: Petition for Permanent Extension of Existing Exemption 10491 B, Docket No. FAA-2011-0342 

### Models:

Reference: 737-600/-700/-700C/-800/-900ER/-7/-8/-8200/-9 767-200/-300/-300F/
-400ER 777-200/-200LRI-300/-300ERIF Exemption number 10491 B, Docket No. FAA-2011-0342, Granted January 16, 2015, byJohn Barbagallo, Acting Deputy Director, Flight Standards Service



### This letter submits: (X) Petition for permanent extension of Exemption The Boeing Company (Boeing) hereby petitions fora permanent extension ofthe referenced exemption from certain parts of 14CFR, 

### § 91.609 at, Amendment 91-313. Boeing respectfully requests this petition be approved byJanuary26, 2017 to support the continued deliveryoperations of applicable Boeing models, including the Model 737 -MAX series scheduled for early February2017. Your timely cooperation in these matters is greatly appreciated.

### AA-16-04206 Page 2 

### This letter is sent for: (X) Regulatory Review/Approval Nameand Address ofthe Petitioner Douglas M. Lane Director, Commercial Airplanes The Boeing Company PO Box 3707 MC 03-56 Seattle, Washington, 98124-2207 

### Section(s) ofthe Regulationsfromwhich Relief Is Sought Permanent Extension ofexisting Exemption 10491 B GrantedJanuary 16, 2015 which provided relief to certain parts of 14 CFR 

### § 91.609: 14CFR 

### § 91.609(i)(3) requires all airplanes manufactured on orafter April 6, 2012 to meetthe requirements of 14 CFR 

### § 25.1457(a)(6) and 25.1457(d)(5). 14CFR 

### § 91.609(c)(1) requires Flight Data Recorders (FDA) that are capable of recording the data specified in 14 CFR Part 91, Appendix E, Note 5. 

### Description of Issue Exemption 10491 B was granted for certain Boeing airplanes to the extent necessary to temporarily operate newly manufactured airplanes that are being built to the specifications of non-U

.S

. customers within the Conditions and Limitations setforth within the Exemption

. The exemption expires April30, 2017, therefore, Boeing is requesting a permanent extension

. In addition, Boeing is requesting to include the Model737-7/-8/-8200/-9 series tothe exemption model list to support the 2017and beyond deliveries. 

### Statement of No Adverse Effect Boeing proposes that the safety position provided in the original request foran exemption is not compromised by this permanent extension. Boeing will continue to comply with the Conditions and Limitations Section of the referenced Exemption which are listed below

. 1. On the date of this grant, this exemption applies only tothe Boeing airplanes listed in Tables 1, 2, and 3, attached tothis exemption, that do not meet the requirements specified in condition number 2, while registered to and operated by Boeing. 2. This exemption applies only tothe 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 forthe cockpit voice recorder (CVR).

# ~DEIND RA-16-04206 Page 3


### 3. Noother requirements of§ 91

.609 may be added to condition number 2. Boeing must identify the non-compliances specified in condition number 2 on each airplane 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 number2 qualifies to use this exemption. 4. Boeing will develop a process to identify the airplanes to which this exemption applies. Such process will include a list ofairplanes being operated under this exemption, the requirements of condition number 3 ofthis grant, and any other information found necessary by Boeing's Certificate Management Office (CMO). The process and lists must 

### be deemed acceptable to the CMO within 120days ofthe date ofthis exemption. Following acceptance by the CMO, Boeing will be allowed to add or remove airplanes from the lists provided for compliance with this exemption. (Note Boeing has completed this requirement with a monthlyupdatedexemption list) 5

. A copy of this exemption must be carried with the airplanes during operation by Boeing. 6. In the event of an accident or incidentthat is reportable tothe FAA orthe National Transportation Safety Board, Boeing must provide a copy ofthis exemption, the data and documentation necessary to determine what is being recorded, and the data and documentation necessary to download and read out the Digital FDA and CVR of the affected airplane. The applicable procedures of the Boeing Quality Management System, approved by the FAA CMO, were revised to complement Exemption 10491B including Conditions and Limitations Item number 4 listed above. Since the time ofthe initial exemption grant, the processes and protocols for compliance with Exemption 10491 B has not changed. 

### Statementof Public Interest Boeing proposes that the public interest statement upon which the grant of exemption was based remains valid andapplicable aswritten in the original petition. This petition tor permanent extension does notalter the previously submitted statement of public interest. 

### Request to 'Waive Publication and Comment' Boeing requests that the FAA do not publish this request in the Federal Register. This exemption extension affects only Boeing's manufacturing process and would not be setting any precedents. 

### If, however, the FAA determines that this petition is to be published in the Federal Register a summary is provided. 

### Summaryto be Published inthe Federal Register Petitioner: Boeing Commercial Airplanes Affected Regulations: 14 CFR §91.609 Summary of Relief Sought: The Boeing Company seeks a permanent extension of existing exemption 104918to allow Boeing to operate "N" registered airplanes that do not meet specific requirements of 14CFR §91.609 on certain types of flights required to support production, delivery and marketing.

# rti-.lii'DEI.IVG

RA-16-04206 Page 4
In summary, given the importance of the sale of commercial jet airplanes on the U.S. balance of trade, granting ofthis extension is in the public interest because it enables Boeing to limit costs and remain competitive in the international aviation market. This exemption allows continued delivery of airplanes in a timely and cost effective manner while maintaining the intended levels of safety and quality. We trust that the information provided will assist your prompt review and will support a positive response to our request to permanently extend our existing Exemption 10491B

. NOTE: Although the existing Exemption expires April30, 2017, an expeditious processing of this petition request would be greatly appreciated to support the addition of the 737-MAX Models 737-7/-8/-8200/-9, which have scheduled delivery operations requiring the exemption in early February, 2017. 

### Please contactthis office orthefollowing individuals ifyou have any questions: (X) BCA Regulatory Administration Program Manager: Ryan Engel at (425) 294-1553 Sincerely,



# ~ (for) Mr. Douglas M. Lane Director, Commercial Airplanes The Boeing Company 

### P

.O. Box 

### 3707, MC 

### 03-56 Seattle, WA 98124

Name N

.Wilson (767fl77) 

### J

. Sutherland (737) Sharepolnt Comments Yes (FAA) 6Y
-01 Yes (FAA) 6Y
-01