Douglas Lane The Boeing Company 

Director P.O. Box 3707, MC 67-UM 

Certification & Regulatory Affairs Seattle, WA 98124-2207 

Commercial Airplanes

January 4, 2010 

B-H300-10-DML-01

U.S. Department of Transportation 

Docket Operations 

Docket FAA-2008-1249 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington D.C. 20590 

Subject: Petition for Extension of Time-Limited Exemption from 14 CFR 

§25.853(a) 

Reference: FAA Exemption Number 9791, Regulatory Docket No. FAA-2008-1249 

Dear Sir or Madam: 

The Boeing Company respectfully requests that the reference time-limited exemption 

from the requirements of 14 CFR §25.853(a) be extended an additional 3 months – until 

February 28, 2011 -- to allow the continued use of ditch and pot adhesives used in the 

manufacture, modification, certification, and delivery of Boeing series airplanes as listed 

in Table 1.0, below. 

In August 2009, the FAA issued draft Policy Memo ANM-115-019-xxx, “Standard 

Practices for Flammability Compliance,” that provides FAA’s proposed interpretation and 

guidance for ditch and pot joint requirements relative to the flammability standards of 

§25.853. That proposed policy memo contains the same specific interpretation that FAA 

provided when it granted the time-limited Exemption 9791 to Boeing, which expires on 

November 28, 2010. On that date, Boeing will be obligated to comply with FAA’s policy 

requirements. 

The FAA recently indicated that they expect the policy memo to be finalized 18 months 

from the date it was issued, or approximately by February 2011. This date is at least 3 

months after the date that the current time-limited Exemption 9791 expires. We 

understand that other aircraft manufacturers will not be required to show compliance with 

the FAA policy until the FAA formally releases the final policy memo. This will result in a 

situation where Boeing airplanes will be expected to be in compliance with the policy 

requirements 3 months earlier than all other affected airplanes. 

In order to avoid disruption of schedules and deliveries, to eliminate the confusion that 

will certainly arise with different implementation dates by different airframe 

manufacturers, and to provide a level playing field for affected operators and 

manufacturers, we request that the FAA extend the compliance date of our current 

Exemption No. 9791 to February 28, 2011, or the date that coincides with the release of 

the final Policy Memo ANM-115-019-xxx, including any implementation time period 

defined by that policy. (Please note that this request is still within our original request for 

a 3-year exemption on this issue.) 
Letter B-H300-10-DML-01 

Page 2 

Table 1.0 - Boeing Model Series for Time-Limited Exemption Request 

TCDS 

DC-9-10 Series A6WE 

DC-9-20 Series A6WE 

DC-9-40 Series A6WE 

DC-9-50 Series A6WE 

DC-9-81/-82/-83/-87 A6WE 

MD-88 A6WE 

MD-90-30 A6WE 

717-200 A6WE 

DC-10-10 A22WE 

DC-10-10F A22WE 

DC-10-15 A22WE 

DC-10-30 A22WE 

DC-10-30F (includes 

KC-10A, KDC-10) 

A22WE 

DC-10-40 A22WE 

DC-10-40F A22WE 

MD-11 A22WE 

MD-11F A22WE 

MD-10-10F A22WE 

MD-10-30F A22WE 

737-100 Series A16WE 

737-200 Series A16WE 

737-200C Series A16WE 

737-300 Series A16WE 

737-400 Series A16WE 

737-500 Series A16WE 

737-600 Series A16WE 

737-700 Series A16WE 

737-700C Series A16WE 

737-800 Series A16WE 

TCDS 

737-900 Series A16WE 

737-900ER Series A16WE 

747-100 Series A20WE 

747-100B Series A20WE 

747-100B SUD Series A20WE 

747-200B Series A20WE 

747-200C Series A20WE 

747-200F Series A20WE 

747-300 Series A20WE 

747-400 Series A20WE 

747-400D Series A20WE 

747-400F Series A20WE 

747SP Series A20WE 

747SR Series A20WE 

747-8F Series A20WE 

747-8 Series A20WE 

757-200 Series A2NM 

757-200CB Series A2NM 

757-200PF Series A2NM 

757-300 Series A2NM 

767-200 Series A1NM 

767-300 Series A1NM 

767-300F Series A1NM 

767-400ER Series A1NM 

777-200 Series T00001SE 

777-200LR T00001SE 

777-300 Series T00001SE 

777-300ER Series T00001SE 

777F Series T00001SE 

787-8 Series TBD 

Application after the Exemption Period 

Boeing plans to apply the compliance criteria that will be outlined in the FAA’s final policy 

on new findings of compliance for ditch and pot joints when the exemption expires. A 

new finding of compliance would be required for a ditch and pot joint when the joint is 

changed or if the panel design is substantially new. Previously certified panels with 

changes that do not involve these joint constructions will be considered follow-on 

constructions for this feature, without the need for a new finding of compliance. 
Letter B-H300-10-DML-01 

Page 3 

Statement of No Adverse Effect to Safety 

For the same reasons provided in our original petition, which were accepted by the FAA 

in granting of Exemption 9791, granting of a 3-month extension to the termination date of 

Exemption 9791 will not adversely affect aviation safety, 

Statement of Public Interest 

For the same reasons provided in our original petition, which were accepted by the FAA 

in granting of Exemption 9791, granting of a 3-month extension to the termination date of 

Exemption 9791 is in the public interest. 

In addition, it is a basic principle of American jurisprudence and administrative practice 

that affected parties are entitled to the equal, predictable, and consistent application and 

enforcement of rules and policies of general applicability. The concept of a "level playing 

field" is intrinsic to everything from international trade agreements to federal laws and 

regulations (such as the Federal Aviation Regulations) promulgated under the principles 

of the Administrative Procedure Act. 

As we had previously requested in our original petition, in accordance with §11.81 (h), 

The Boeing Company also requests the privileges of the requested extension of the 

exemption date be extended outside of the United States. This extension of privileges is 

necessary for operations based within foreign countries having bilateral agreements with 

the United States accepting the FAA’s 14 CFR part 25 as their airworthiness standards 

for transport category aircraft. 

A response to this petition for extension is requested by January 29, 2010, to support the 

development of year-end deliveries. 

Your timely cooperation in these matters is greatly appreciated. 

Sincerely, 

Douglas Lane 

Director, Airplane Certification and Regulatory Affairs 

Cc: Mr. Ali Bahrami 

 Mr. Mike Kaszycki 

 Mr. Bob Breneman 

 Mr. Dorr Anderson 

 Federal Aviation Administration 

 Transport Airplane Directorate 

 1601 Lind Avenue S.W. 

 Renton, WA 98055-4056