AFS-13-557-E

September 30, 2013

Exemption No. 10871A 

Regulatory Docket No. FAA-2013-0221

Ms. Caitlin M. Randles

Supervisor, Flight Test Engineering

The Boeing Company

P.O. Box 3707

Seattle, WA 98124

Dear Ms. Randles:

This letter is to inform you that we have granted your petition to amend Exemption 

No. 10871. It explains its basis and describes its effect.

The Basis for Our Decision

By your correspondence dated September 20, 2013, you petitioned the Federal Aviation 

Administration (FAA) on behalf of The Boeing Company (Boeing) for an amendment to 

Exemption No. 10871. That exemption from §§ 61.75(d)(2) and 61.117 of Title 14, Code of 

Federal Regulations allows certain pilots exercising private pilot privileges to fly as a flight 

crewmember on Boeing aircraft. Specifically, these pilots are permitted to fly as second-incommand (SIC) of these aircraft while conducting evaluation and demonstration flights within 

the United States for potential buyers of those aircraft or on behalf of their respective civil 

aviation authority. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Boeing.

The amendment you requested would allow certain non-crewmembers aboard the aircraft 

during flight operations while exercising the privileges of this exemption. We have found 

these non-crewmembers would not affect safety, and the relief is consistent with our original 

determination about equivalent level of safety and public interest in Exemption No. 10871. 

Accordingly, we have amended Condition and Limitation #10 to grant this relief. The other 

conditions and limitations have not been amended.
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Our Decision

Therefore, under the authority provided by 49 U.S.C. sections (use symbol) 40113 and 

44701, which the FAA Administrator has delegated to me, I hereby amend The Boeing 

Company Exemption No. 10871 from 14 CFR sections (symbols) 61.75(d)(2) and 61.117 to 

the extent necessary to allow certain foreign pilots approved by the FAA to fly as second-incommand of certain Boeing aircraft while conducting evaluation and demonstration flights 

within the United States for potential buyers of those aircraft or on behalf of their respective 

civil aviation authority. In addition, Boeing may conduct these flights with certain 

Boeing/Foreign Civil Aviation Authority (FCAA) flight test directors, flight test engineers, 

and other engineers as necessary to answer questions related to airplane and systems 

operation, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption is issued for the purpose of allowing demonstration and evaluation 

flights only in Boeing models 737, 747, 757, 767, 777, 787 and derivatives thereof.

2. The privileges of this exemption are intended to enable a foreign pilot who holds a 

U.S. private pilot certificate with airplane multi-engine class rating and an instrument 

rating (subject to the limitation in condition 4) to act as second-in-command of an 

aircraft on a sales demonstration flight. 

3. The privileges of this exemption are not valid unless the exemption holder has a letter

from the FAA Flight Standards District Office (FSDO), 1601 Lind Ave., SW, Renton, 

Washington 98057, specifically indicating approval of each of the foreign pilots

operating Boeing aircraft under the privileges of this exemption.

4. Each foreign pilot approved by the FAA FSDO identified in Condition/Limitation No. 

3 must make application for a private pilot certificate in accordance with § 61.75. Any 

person authorized by the FAA Administrator to issue a § 61.75 private pilot certificate 

may place an instrument rating on the certificate without the knowledge test required 

by § 61.75(d)(2). The person issuing the § 61.75 private pilot certificate must indicate 

on that certificate the following limitation:

The instrument rating privileges are only valid for use under the privileges of 

Exemption No. 10871A.

5. All flight operations using the privileges of this exemption are limited to flights for 

sales demonstration purposes; the privileges of this exemption may not be used for 

operations that involve:
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a. delivery of an aircraft;

b. maintenance or manufacturing flight testing;

c. flights operated under a special airworthiness certificate in the experimental 

category other than for the purpose of sales demonstration and flight evaluations 

conducted by a foreign civil aviation authority; or,

d. flights operated for the purpose of crew training.

6. Boeing must be in full operational control of any aircraft operated using this privileges 

of this exemption.

7. The pilot-in-command (PIC) of any flights operated using the privileges of this 

exemption must:

a. Hold a valid U.S. commercial pilot certificate or airline transport pilot certificate 

with the appropriate type rating

b. Hold a valid U.S. first- or second-class medical certificate

c. Be directly employed by Boeing, and,

d. Must remain the PIC for the duration of the flight.

8. The person acting as SIC of any flights operated using the privileges of this exemption 

must:

a. Be an authorized representative of a legitimate potential purchaser of the type 

aircraft being flown, or representative civil aviation authority; 

b. Hold a valid pilot certificate issued by an International Civil Aviation Organization 

(ICAO)-member state containing:

1. commercial pilot certification (or equivalent) with instrument and multi-engine 

ratings, or,

2. airline transport pilot certification (or equivalent) with a multi-engine rating

c. The certificates identified in 8(b) must be in the English language, or must be 

accompanied by documentation in the English language translating certification, 

privileges, and validity of those certificates.

d. Holds a valid medical certificate issued under 14 CFR 67, or a medical certificate 

issued by the ICAO-member state that issued the person’s foreign pilot certificate 

identified in 8(c).

9. Except as provided in Condition/ Limitation 10, all flight operations under the 

privileges of this exemption must be operated with a person aboard (other than the

persons identified in condition/limitation Nos. 2 and 7) who:

a. is employed by Boeing;

b. is not acting as PIC of the aircraft;

c. holds the appropriate U.S. airman and medical certificates to act as SIC of the 

aircraft being flown; and,

d. Boeing has found to be qualified to act as SIC of the aircraft being flown.
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10. Boeing is authorized to conduct flights under this exemption with pilots or property 

identified in the conditions and limitations and the following non-crewmembers only:

a. Boeing/Foreign Civil Aviation Authority(FCAA) Flight Test Director(s)

b. Boeing/FCAA Flight Test Engineer(s)

c. Boeing/FCAA engineers as necessary to answer questions related to airplane and 

systems operation.

11. This exemption applies to flights conducted within domestic United States airspace. 

Boeing may exercise this relief for overflights within the territory and airspace of a 

foreign country only with the specific permission of the foreign civil aviation 

authority. 

The Effect of Our Decision

This exemption terminates on September 30, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

Robert C. Carty for

John S. Duncan

Director, Flight Standards Service