October 20, 2011

Pam Hamilton

Director

FAA Office of Rulemaking

Orville Wright 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. Specifically, the additional guidance and 

requirements are associated with certifying changes made to previously certified aircraft 

and engine types. During 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. In 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. Guidance 

for compliance 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 98124-2207
industry 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 guidance 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. 

While this ARC is performing its chartered 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.

We look 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