~BEING 

NOV 1 0 2016 

RA-16-04206 

U.S. Department of Transportation 

Docket Operations, M-30 

1200 New Jersey Avenue, S.E. 

Room W12-140, West Bldg. Ground Floor 

Washington, DC 20590-0001 

Dear Sir or Madam, 

Elizabeth A. Pasztor 

ODA Lead Adm:nistrator 

Regulatory Administration 

Commercial Airplanes 

The Boe1ng Company 

P.O. Box 3707 MC 03-37 

Seattle, WA 98124·2207 

Subject: Petition for Permanent Extension of Existing Exemption 1 0491 B, 

Docket No. FAA-2011-0342 

Models: 

Reference: 

737 -600/-700/-700C/-800/-900E R/-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, by John Barbagallo, Acting Deputy Director, Flight 

Standards Service 

This letter submits: 

(X) Petition for permanent extension of Exemption 

The Boeing Company (Boeing) hereby petitions for a permanent extension of the 

referenced exemption from certain parts of 14 CFR, § 91.609 at, Amendment 91-313. 

Boeing respectfully requests this petition be approved by January 26, 2017 to support 

the continued delivery operations of applicable Boeing models, including the Model 

737 -MAX series scheduled for early February 2017. 

Your timely cooperation in these matters is greatly appreciated. 
AA-16-04206 

Page 2 

This letter is sent for: 

(X) Regulatory Review/Approval 

Name and Address of the Petitioner 

Douglas M. Lane 

Director, Commercial Airplanes 

The Boeing Company 

PO Box 3707 MC 03-56 

Seattle, Washington, 98124-2207 

Section(s) of the Regulations from which Relief Is Sought 

Permanent Extension of existing Exemption 1 0491 B Granted January 16, 2015 which provided 

relief to certain parts of 14 CFR § 91.609: 

14 CFR § 91.609(i)(3) requires all airplanes manufactured on or after April 6, 2012 to meet the 

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

14 CFR § 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 1 0491 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 set forth 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 to the exemption 

model list to support the 2017 and beyond deliveries. 

Statement of No Adverse Effect 

Boeing proposes that the safety position provided in the original request for an 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 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 (CVR). 
~DEIND 

RA-16-04206 

Page 3 

3. No other 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 number 2 

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 of airplanes being operated under this exemption, the 

requirements of condition number 3 of this 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 120 days of the date of this 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 monthly updated exemption 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 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 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 10491 B including Conditions and Limitations 

Item number 4 listed above. Since the time of the initial exemption grant, the processes and 

protocols for compliance with Exemption 1 0491 B has not changed. 

Statement of Public Interest 

Boeing proposes that the public interest statement upon which the grant of exemption was 

based remains valid and applicable as written in the original petition. This petition tor 

permanent extension does not alter 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. 

Summary to be Published in the 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 104918 to allow Boeing to operate "N" registered airplanes that do 

not meet specific requirements of 14 CFR §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 of this 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 10491 B. 

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 contact this office or the following individuals if you 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