October 20 , 2011

Pam Hamilton Director FAA Office of Rulemaking Orville W right Bldg. (FOB10A) FAA National Headquarters 800 Independence Ave. SW. Washington, DC 20591 Dear Ms. Hamilton, Subject: Petition for rulemaking for Function and Reliability testing requirements The Boeing Company hereby petitions the FAA for rulemaking associated with Function and Reliability testing requirements associated with aircraft certification, as defined by 21.35(b) and (f). During recent Boeing type certification projects, the 787
-8 new TC and the 747
-8 amended TC, we were given guidance and requirements by the Seattle Aircraft Certification Office (SACO) that do not appear to have foundation in the existing regulations and guidance material. S pecifically, the additional guidance and requirements are associated with certifying changes made to previously certified aircraft and engine types. D uring a meeting between Boeing and SACO on September 19, 2011, SACO expressed concerns about the adequacy of existing regulations and guidance material in this area and advised that they were developing policy for clarification. Boeing is concerned because the additional guidance provided appears to deviate from the Advisory Circular guidance established over multiple certification projects since the regulation was developed. I n addition, the guidance does not seem to be integrated with practices utilized during engine certification. This lack of clarity poses significant risk to an applicant planning a certification program. Given that 21.35(b) and (f) are the responsibility of Aircraft Certification and not any individual directorate, Boeing believes it is imperative for all affected directorates to be involved in any policy development affecting compliance to that regulation. G uidance for comp liance to 21.35 is given in Advisory Circulars (e.g. 23
-8, 25
-7, 27
- 1 and 29
-2); therefore, the affected directorates should participate in development of any new policy. It is particularly critical for the Engine Directorate to be involved since certification requirements for aircraft and engines are interdependent. Boeing proposes that the FAA initiate an Aviation Rulemaking Committee (ARC), to be led by Aircraft Certification (AIR
- 100) and including the Engine Directorate, Small Airplane Directorate, Rotorcraft Directorate and Transport Directorates, as well as **Capt. Terry**

**L. McVenes** The Boeing Company Director P.O. Box 3707, MC 07
-30 Operational Regulatory Affairs Seattle, WA 98124
-2207industry representatives (via AIA and GAMA). This Committee would be tasked with

reviewing the existing regulation and associated guidance and Orders, determining if additional requirements or g uidance is required, and developing such materials as needed. This approach would ensure a consistent set of requirements across all applicants and improve the integration between the engine and aircraft directorates. Wh ile this ARC is performing its cha rtered task, it is critical for any one FAA office to cease providing additional guidance or policy, since that could be counter to the direction established by the ARC. Welook forward to your response and are ready to support this activity as soon as it is initiated. If you have questions or comments, please contact me at (425) 237
-3293. Sincerely,

Terry McVenes Director

– Operational Regulatory Affairs ODA Lead Administrator Regulatory Administration Boeing Commercial Airplanes (BCA) P.O. Box 3707 , MC: xx
-00 Seattle, WA

98124
-2207