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- E September 30, 2013 Exemption No. 10871A Regulatory Docket No. FAA

- 2013

- 02 21

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 th at 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 o f 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

- in

command (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 c ivil 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 petit ion 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 safet y, 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 limitati ons have not been amended.2

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 section s (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

- in

command of certain Boeing aircraft while conducting evaluation and demonstration flights within the United States for potenti al 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 engine ers 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 (su bject 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 (FS DO), 1601 Lind Ave., SW, Renton, Washington 98057, specifically indicating approval of each of the foreign pilot s operating Boeing aircraft under the privileges of this exemption.

4. Each foreign pilot approved by the FAA FSDO identified in Condition /Limitat ion 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 issu ing the § 61.75 private pilot certificate must i ndicate

on that certificate the following limitation:

T he instrument rating privileges are only valid for use under the pr ivileges of Exemption No. 10871A

.

5. A ll 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:3

a. delivery of an aircraft;

b. maintenance o r 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 p ilot 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 actin g 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 ra ting

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 un der 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, a ll flight operations under the privileges of this exemption mus t 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

ai rcraft being flown; and,

d. Boeing has found to be qualified to act as SIC of the aircraft being flown.4

10. Boeing is authorized to conduct flights under this exemption with pilots or property identified in the conditions and limitations and the following non

- cr ewmembers 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 c onducted 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 , 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/ Robert C. Carty for

John S. Duncan Director, Flight Standards Service