Petition for Extension to the Termination Date of March 31, 2017 for Exemption No. 12920 from Title 14 Code of Federal Regulations sections 21.35(a), (b)(2), and (f)(2), Amendment 21-95, Function and Reliability

Name and Address of the Petitioner

Douglas M. Lane, Director Commercial Airplanes The Boeing Company

PO Box 3707 MC 03-56
Seattle. WA 98124-2207

Section(s) of the Regulations from which Relief is sought:

Title 14 CFR 21.35(a) and (b)(2) at Amendment 21-95 requires the applicant to make all flight

tests to assure that the aircra ft, it components, and its equi pment are reliable and function properly.

§21.35 Flight tests.

(a) Each applicant for an aircraft type cert ificate (other than under §§21.24 through 21.29) must make the tests listed in paragraph (b) of this section Before making the tests the applicant must show – (b) Upon showing compliance with paragraph (a) of this section, the appl icant must make all flight tests that the FAA finds necessary (2) For aircraft to be certificated unde r this subchapter, except gliders and except reciprocating engine powered airplanes of 6,000 lbs. or less maximum certificated weight that are to be certificated under par t 23 of this chapter, to determine whether

there is reasonable assurance that the aircraft, its com ponents, and its equipment are reliable and function properly.

Title 14 CFR 21.35(f)(2) at Amendment 21-95 require s that the flight tests prescribed in paragraph (b)(2) for aircraft incorporating turbine engines of a type previously used in a type

certificated aircraft must include at least 150 hours of operation.

§21.35 Flight tests.

(f) The flight tests prescribed in paragr aph (b)(2) of this sect ion must include – (2) For all other aircraft, at least 150 hours of operationOriginal Extent of Relief Sought and Reason

Boeing requests relief from certain aspects of §21.35(a), (b)(2) and (f)(2), specifically, the requirement to complete Function and Reliability (F&R) testing prior to receiving an Amended Type Certificate (ATC). Boeing requests to be able to defer the completion of Boeing Model 767-2C F&R testing until after ATC approval of the 767-2C minor model, but prior to the 767- 2C being put into initial operati onal service. Boeing proposes to complete all required testing and incorporate any changes to the Type De sign, required to comply with CFR part 21 requirements, which the FAA deems necessary while all 767-2C aircraft remain under ownership and control of the Boeing Company.

The 767-2C is being certified for use as a United States Air Force (USAF) KC-46 aerial refueling tanker (a public use aircraft), whic h will replace aging KC-10 and KC-135 tankers. The tanker configuration is comprised of the ATC configuration and th e installation of an additional Supplemental Type Certificate (STC). The STC configuration is additive and will not impact F&R testing as applicable to the ATC configuration.

This proposed relief will allow Boeing to be ab le to more fully evalua te the end-state KC-46 tanker configuration (ATC plus STC) that will be operated by the USAF. Contractual requirements with the USAF require the conduct of extensive flight test h ours in the KC-46 (i.e., ATC plus STC) configuration that are represen tative of tanker operati ons. These USAF flight

test hours will be after FAA issu ance of the ATC, but prior to initial entry into operational service. Boeing proposes to use these flight test h ours to establish function and reliability rather than conduct redundant testing on the 767-2C conf iguration prior to i ssuance of the 767-2C ATC. Conducting redundant and dedicated te sting on the 767-2C ATC configuration would delay aircraft delivery to the USAF.

Regulation Requires: Relief (for a limited time) is necessary
because: 14 CFR 21.35(a)
Amendment 21-95 Each applicant for an aircraft type certificate (other than under §§21.24 through 21.29)
must make the tests listed in paragraph (b) of this
section Scheduling redundant Function and Reliability flight test hours prior to ATC approval would delay ai rcraft delivery to the USAF. Additionally , testing of the combined ATC and STC configuration is more representative of the USAF end state tanker aircraft and better supports the intent of function and reliability testing for
this aircraft. 14 CFR 21.35(b)(2)
Amendment 21-95 Flight tests to determine
that there is reasonable
assurance that the aircraft, its components, and its equipment are
reliable and function properly.14 CFR 21.35(f)(2)
Amendment 21-95 At least 150 hours of operation for aircraft incorporating turbine engines previously used in a type certified
aircraft.

Boeing proposes a time limit in the Type Certific ation Data Sheet (TCDS) for the relief sought by this petition for exemption. The time limit proposed is shown;

Time Limited Grant of Exemption § 21.35(a) , (b)(2) and (f)(2), relief from the requirement that function and reliability testing be completed as a condition for obtaining an amended type certificate; Exemption No. 12920, month dd, yyyy (Relief expires at the time of aircraft delivery or ownership is transferred from the Boeing Company).

Boeing also proposes to add the following to the Additional Design Requirements and Conditions (ADRC) of the Model 767 TCDS:

14 CFR 21.35(a), (b)(2) and (f)(2) – Function and Reliability Testing

Boeing may not transfer any ownership intere st in any model 767-2C aircraft, and any such aircraft may only be flown by a Boeing p ilot in command prior to the completion of that aircraft model’s Function and Reliability testing to the satisfaction of the FAA in

accordance with 14 CFR Section 21.35 and Ex emption No. 12920. Prior to any transfer of physical custody of any model 767-2C airpla ne not in compliance with Exemption No. 12920 to any entity other than Boeing, Boeing must remove the data plate from that airplane. Additionally, the FAA would revoke the amendment to the TCDS that added

the 767-2C model to the TCDS of the model 767 . The text of this paragraph may only be

removed from the TCDS of the Model 767 afte r such Function and Re liability testing is completed to the satisfaction of the FAA.

All function and reliability testing per CFR 21.35 will be performed during ATC certification flight testing, STC certification flight testing, or USAF Pilot Training. USAF Pilot Training is provided by Boeing for USAF pilots . Training covers standard US AF aerial refueling operations, which is proposed as an ideal environment to evaluate function and reliability. During testing, the aircraft will be under Type Inspection Authori zation as is routinely re quired for certification projects. Additionally, aircraft used during pi lot training to support f unction and reliability compliance will be operated in accordance w ith § 21.191(f) and 21.195 while under a special (experimental) airworthiness certificate. Boeing will retain ownership, control, accountability and responsibility for the aircraft until successf ul completion of the function and reliability testing.All Part 21 findings of compliance are retained by the FAA. The FAA, at its discretion, may also rely on the US Government (USAF), and/or Bo eing pilots to perform the FAA’s function for testing. Additionally, Boeing will provide status re ports to the FAA for al l test flights involving function and reliability. Any issu es/squawks identified in testing are proposed to be captured per Boeing Commercial Aircraft (BCA ) standard process. Issues ar e proposed to be tracked and resolved using the standard BCA Process Instru ctions to ensure closure and transparency.

Description of Issue

Existing Grant of Exemption

On September 16, 2015, Federal Aviation Admini stration (FAA) Grant of Exemption 12920 was published granting Boeing relief from completing function and reliability (F&R) testing for the Model 767-2C prior to issuance of an amended t ype certificate (ATC). As published, Exemption 12920 terminates on March 31, 2017, unless sooner superseded or rescinded.

Proposed Revision to Date of Termination

Boeing is requesting that the original term ination date of March 31, 2017 as published in Exemption 12920 be extended to October 24, 2017. Boeing is requesting an extension to the termination date due to a slide in the 767-2C pr ogram schedule which is extending the ATC date. Extending the termination date will allow Boeing to accumulate the required flight test hours after the issuance of the ATC that will better represent the aircrafts intended in-service configuration, capabi lities and operation.

Statement of No Adverse Effect on Safety Accounting for the Extension of the Termination Date of the Existing Exemptio n for the Model 767-2C Airplane

The KC-46 tanker program has an extensive amount of testing requiring over 2000 flight test hours and 2500 ground test hours. This extens ive testing encompasses both ATC and STC certification. All of this certification testing occurs prior to the proposed F&R testing and provides assurance that any safety issues are discovered and resolved. Therefore, deferring Function and Reliability te sting will not result in any decrease in safety.

Additionally, all necessary flight tests and any necessary ch ange incorporation to support 14 CFR Part 21 certification will be accomplished by Boeing before delivery to the USAF customer. The data gathered with the combined ATC and STC configurat ion will not invalidate the applicability of results to the ATC. Test operations of the airplanes are under conditions expected in service which will achieve the same leve l of safety as intended to ensure the aircraft, its components, and its equipment are reliable and function properly. As the requirements of §21.35(a), (b)(2) and (f)(2) will be substantiated prior to the 767-2C initial entry into operational service, granting of the exemption will not compromise safety.Statement of Public Interest Boeing proposes that the public interest statem ent upon which the grant of exemption was based remains applicable as written in the original pe tition. This petition for extension of the March 31, 2017 termination date to comply does not alte r the previously submitted statement of public

interest.

Request to ‘Waive Publication and Comment’

The relief sought by this exemption extension do es not result in any re duction in the level of safety upon which the grant of exemption was orig inally granted. Boeing respectfully requests that, in order to exped ite the exemption process, the FAA wa ive the requirement for publication

and comment.

Conclusion

Boeing is seeking an extension to the term ination date of March 31, 2017 as published in Exemption 12920 from §§ 21.35(a), (b)(2), and (f)(2) of Title 14 CFR. An extension of the termination date to April 24, 2018 is requested.

Granting relief from 14 CFR 21.35(a) (b)(2) and (f)(2) for the requested date extension will allow Boeing, as provided in the original grant of exemption, to avoid du plicative testing while still accumulating the necessary test hours with intended in-ser vice aircraft configuration, capabilities, and operations. Tes ting with the addition of the STC configuration is additive and

does not invalidate test results as applied to the ATC. The public interest is served by supporting the earliest possible replacement of an aging fl eet of public aircraft. The aging fleet has lower efficiency, higher maintenance costs and lesse r operational capabil ity. The approach to substantiate the function and reliability requirement s will be completed prior to aircraft entry into service ensuring no decrease in safety.

Privileges of this Exemption Outside the United States

Boeing proposes to perform limited flights beyond U.S. Airspace in support of concurrent

Function and Reliabi lity testing.

Summary to be Published in the Federal Register

PETITIONER: Boeing Co mmercial Airplanes

SECTION OF 14 CFR AFFEC TED: 14 CFR 21.35(a), (b)(2) and (f)(2) Amendment 21-95DESCRIPTION OF RELIEF SOUGHT: To permit Bo eing to accumulate additional flight test hours that represents the intended in-service airc raft configuration, capabilities, and operations after the approval of the ATC. These additional fl ight test hours will add assurance that the 767- 2C aircraft, its components, and its equipment ar e reliable and function properly in accordance with §21.35(b)(2). The exemption will allow relief from comple ting the tests required by §21.35(a), (b)(2) and (f)(2) prior to ATC; the relief to defer testi ng for the 767-2C aircraft would not exceed initial entry into operational service.