AIR-16-0005-E 

 Exemption No. 16637 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

BOEING - CARGO HELICOPTER Regulatory Docket No. FAA-2016-0833

SUSTAINMENT 

 

for an exemption from § 21.9 of 

Title 14, Code of Federal 

Regulations 

 

GRANT OF EXEMPTION 

By letter dated January 12, 2016, Mr. Steven Dooley, Boeing - Cargo Helicopter 

Sustainment (Boeing), P.O. Box 16858, Mail Stop P01-05, Philadelphia, 

PA 19142, petitioned the Federal Aviation Administration (FAA) on behalf of Boeing for an 

exemption from § 21.9 of Title 14, Code of Federal Regulations (14 CFR). The proposed 

exemption, if granted, would allow Boeing to produce, represent for sale, and sell new 

replacement parts for installation on CH-47D Chinook helicopters declared surplus by the 

U.S. Armed Forces that are type certificated under 14 CFR § 21.25(a)(2) and operated in the 

restricted category. 

The petitioner requests relief from the following regulations:

Section § 21.9(a) prescribes that if a person knows, or should know, that a replacement or 

modification article is reasonably likely to be installed on a type-certificated product, the 

person may not produce that article unless it is produced under a type certificate; produced 

under an FAA production approval; a standard part (such as a nut or bolt) manufactured in 

compliance with a government or established industry specification; a commercial part as 

defined in § 21.1 of this part; produced by an owner or operator for maintaining or altering 

that owner or operator's product; or fabricated by an appropriately rated certificate holder 

with a quality system, and consumed in the repair or alteration of a product or article in 

accordance with part 43 of this chapter. 
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Section § 21.9(b) prescribes that except as provided in paragraphs (a)(1) through (a)(2) of this 

section, a person who produces a replacement or modification article for sale may not 

represent that part as suitable for installation on a type-certificated product. 

Section § 21.9(c) prescribes that except as provided in paragraphs (a)(1) through (a)(2) of this 

section, a person may not sell or represent an article as suitable for installation on an aircraft 

type-certificated under §§ 21.25(a)(2) or 21.27 unless that article was declared surplus by the 

U.S. Armed Forces, and was intended for use on that aircraft model by the U.S. Armed 

Forces. 

The petitioner supports its request with the following information:

The petitioner states that 14 CFR § 21.9 requires manufacturers of aircraft replacement parts, 

who sell those parts for installation on a type-certificated product, to hold an FAA production 

approval for those parts. Boeing is seeking an exemption from this requirement for the 

purpose of manufacturing and selling new replacement parts for installation on military 

surplus CH-47D Chinook helicopters type certificated under § 21.25(a)(2) and operated in the 

restricted category. 

Boeing bases its request on being the original designer and manufacturer of the CH-47D 

aircraft that were originally delivered to the U.S. Army. Boeing is the current manufacturer 

of the CH-47F model which is derived from and in general shares common rotor head, blades, 

drive, control and hydraulic systems, landing gear utility systems, and cabin installations with 

the CH-47D. Boeing states that most of the parts required by operators of civil restricted 

category Chinooks are common between the CH-47D and CH-47F. 

Boeing further states that CH-47D civil operators are seeking, or have obtained, contracts 

from the U.S. Forest Service to provide forest or wild fire fighting contracts. The CH-47D is 

an aircraft well suited for these aerial firefighting efforts with the capability of carrying a 

several thousand gallon water bucket suspended under the aircraft or an internal water/foam 

suppressant tank. Firefighting is a service provided to the U.S. Government that reduces the 

potential for loss of life or injury, and property damage associated with forest fires. 

Boeing also states that another potential use for these helicopters is stream reclamation work 

to restore damaged streams to their natural configuration. This can be accomplished using 

large helicopters to relocate logs, rocks, and fill into waterways. This slows the water flow 

and reduces run-off and erosion, thus promoting more conducive environments for fish. 

Boeing asserts that granting this exemption would allow operators to obtain the required parts 

to support these operations sooner and without duplicating the existing manufacturing 

oversight provided by the Defense Contractor Management Agency (DCMA). 

A summary of the petition was published in the Federal Register on March 16, 2016 (81 

FR 14174).  Four comments were received. All four commenters were supportive of granting 

the exemption.  One commenter who operates CH-47D aircraft strongly encourages the FAA 
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to grant Boeing’s petition for exemption and stated that “this petition is necessitated by the 

urgent need for CH-47D restricted-category type certificate holders to establish a steady and 

reliable supply of airworthy replacement parts.” The commenter also mentioned a further use 

of the aircraft in disaster relief efforts that are also in the public’s interest. 

A second commenter stated: “as a commercial operator of the CH47D Chinook helicopter it 

is imperative that we procure replacement parts to maintain our aircraft in a safe and 

airworthy condition. The current commercial market for "surplus" military components is 

severely limited.” 

A third commenter, also an operator of the CH-47D, stated that granting this exemption will 

keep the supply chain and the industrial base active, as well as the use of these aircraft “will 

obviously serve the public as their primary mission is fire fighting for the U.S. Government.” 

Three of the four commenters also suggested an expansion of the exemption to include any 

parts producer(s) who can “show parts traceability to that restricted category aircraft.” 

The FAA’s analysis is as follows:

The FAA finds, after a review of the petition and the comments received, that a grant of 

exemption would provide an equivalent level of safety to the regulations for which the relief 

is required. This action would be in the public interest by making available new replacement 

parts, produced by Boeing under DCMA oversight, to support the civil fleet of military 

surplus CH-47D helicopters certificated in the restricted category. 

The FAA finds that the relief sought will not compromise safety, and will provide operators 

with needed replacement parts to support the safe operation of their aircraft. Restricted 

category aircraft are limited in their scope of operations and the aircraft must be operated in 

accordance with their type certificate data sheet. Overall, the FAA finds that granting this 

exemption would not introduce new risk into the operations of these restricted category 

aircraft. 

The FAA agrees with Boeing in its assertion that the relief sought would be in the public 

interest. These aircraft are used predominantly for activities like firefighting. This service 

benefits the public by providing rapid response to fires while reducing the potential loss of 

life or injury to the public and to ground-based firefighters, and also by reducing or 

eliminating property damage. The FAA expects that these aircraft will also be used in other 

operations that are in the public interest, such as environmental reclamation and disaster 

relief. 

In granting this exemption, the FAA recognizes Boeing as the original manufacturer of the 

CH-47D aircraft for the U.S. Armed Forces. The FAA has determined that as the original 

manufacturer of these aircraft, Boeing is in a position to safely produce replacement parts. 

Boeing also intends to use the same DCMA approved production and quality control system 

to produce new parts for these civil-registered CH-47D Chinook helicopters as was used to 
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manufacture the helicopters and replacement parts for the U.S. Army. The FAA has 

determined that Boeing’s status as the original manufacturer of these aircraft and its use of the 

DCMA approved production and quality control system would provide an equivalent level of 

safety to production of parts under an FAA production oversight system. Therefore the FAA 

finds that granting the petitioner’s request would not adversely affect safety. Granting this 

exemption would allow operators to obtain the required parts to support their operations 

without duplicating the existing process oversight provided by the DCMA. 

The FAA has also considered the commenters’ suggestion to expand the exemption to include 

“any parts producer(s) who can show parts traceability to that restricted category aircraft”. 

The FAA considers it inappropriate to expand the relief granted in this exemption to persons 

other than the petitioner and is additionally concerned that such an expansion would not 

maintain the same level of production oversight provided by Boeing’s DCMA quality system. 

Accordingly, the relief provided by this exemption is limited to the petitioner. 

The FAA’s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, 

delegated to me by the Administrator, Boeing - Cargo Helicopter Sustainment is granted an 

exemption from 14 CFR § 21.9 to the extent necessary to allow Boeing to produce, represent 

for sale, and sell new replacement parts for installation on CH-47D helicopters declared 

surplus by the U.S. Armed Forces that are type certificated under 14 CFR § 21.25(a)(2) and 

operated in the restricted category, subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. This exemption is only applicable to the production of new replacement parts for 

installation on CH-47D Chinook helicopters declared surplus by the U.S. Armed 

Forces. 

2. Boeing must own or have rights to the necessary design and manufacturing data. 

3. This exemption is issued only for the purpose of production of new parts, not aircraft. 
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4. All production under this exemption must be completed under the U.S. military 

DCMA production oversight system. 

This exemption terminates on May 31, 2021, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on May 11, 2016. . 

/s/ 

Dorenda D. Baker 

Director, Aircraft Certification Service