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 Wa shington 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 de livery 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 ti me-limited Exemption 9791 expires. We understand that other aircraft manufacturers w ill not be required to show compliance with the FAA policy until the FAA formally releases t he final policy memo. This will result in a situation where Boeing airplanes will be ex pected 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 pl aying 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 t he date that coincides with the release of the final Policy Memo ANM-115-019-xxx, in cluding 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 adversel y 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 ba sic 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 ap plicability. The concept of a "level playing field" is intrinsic to everything from inte rnational 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 origi nal petition, in accordance with §11.81 (h), The Boeing Company also requests the priv ileges 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 CF R 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