# ~OEING

MAY 04 

## 2012
RA-12-01946 Ronald J. Hinderberger Lead Administrator Designated Compliance Org. Commercial Airplanes The Boeing Company P.O. Box 3707 MC 03-52 Seattle, WA 98124-2207

U.S. Department ofTransportation Docket Operations

. West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

Subject:

Model: RA ProjectNo.: EASAProjectNo.: EASALevel: Branch/PanelNo.: Revised Petition for Exemption from 14 CFR 25.562(b)(2), Amendment 25-64, Flight Deck Floor Warpage 767-2C PS09-0863 N/A NIA ANM-106B U1

Branch!PahelName: · Certification Sel'Vices · Response Due: August 3rd, 2012

Reference(s): (a) Regulatory DocketNo. FAA-2004-16974, FAA ExemptionNo. 8269, March 12,2004, Boeing 767-200C Floor Warpage for Flight Deck Seats, Exemption from FAR 25.562(b)(2) (b) Regulatory DocketNo. 26649, FAA ExemptionNo. 5436, April1, 1992, FAA ExemptionNo. 5436A, January 3, 1997,

· FAA Exemption 5436B, November 15,

2000, Boeing 777-200/-300/-200LRI-300ER Floor Warpage for Flight Deck Seats, Exemption from FAR25.562(b)(2) (c) RegulatoryDocketNo. 28452, FAA ExemptionNo. 6425, April12, 1996,

.Boeing 737-600/-700/-800 Floor Warpage for Flight Deck Seats, Exemption from FAR 25.562(b)(2) (d) Regulatory DocketNo. 28744, FAA ExemptionNo. 6600, AprilS, 1997, Boeing 757-300 Floor Warpage for Flight Deck Seats, Exemption from FAR25.562(b)(2) (e) Regulatory DocketNo. 29451, FAA ExemptionNo. 6935, August 4, 1999, Boeing 767-400ER Floor Warpage for Flight Deck Seats, Exemption from FAR 25.562(b)(2)Special**lnstru'Cti~ns:**

,TJJ,is letter is to submit: Page 2 Mr. Xidias RA-12-01946

(f) Regulatory DocketNo. 28452, FAA ExemptionNo. 6425A, August 20, 1999, Boeing 737-700C/-900 Floor Warpage for Flight Deck Seats, Exemption from FAR 25.562(b)(2) (g) Regulatory DocketNo. 20049, FAA ExemptionNo. 9486, September 11, 2007, Boeing 787 FloorWarpage for Flight Deck Seats, Exemption from FAR25.562(b)(2) (h) Boeing Regulatory Administration letter RA-12-01407, "Petitionfor Exemption from 14 CFR25.562(b)(2), Amendment 25-64, Flight DecKFloor Warpage," dated April

. 6th 2012 

### '
Please replace the reference- (h) letter;):V:it):l the subject submittaL

- :**<'~?X** 

## '

:,_,.,**<::·;:~{' ~-:.\';t:** **~ ~** **-~-~ ~** **~--~ ~:** .....=.·:·-_:' 0·: '',• f, •**-~** 0 0 >M: 0

0 : ::•• o**~** 0 ·, 00**--~:+~;:·~~~::~-~ ~~_:,-:,,**  0**~- .~.;(:.."'(·**  ,.,,. ,, ,**..,j-:~- ,~~-(~)'Other:**  Revised submittal ofPetition for Exemption from 14 CFR 25.562(b)(2), Amendment 25-64, Flight DeckFloor Warpage

This revised submittal eliminates verbiage from the cover letterthat does not conformto the requirements for publishing a petition for exemption, and supersedes the reference (h) submittal. The enclosure to this submittal is identical to that enclosed inreference (h). As such, the petition from the reference (h) letterremains valid and there is no need to replace orrevise the contents ofdocket no. FAA-2012-0405.

The Boeing Company hereby petitions for an exemption for relieffrom the Floor Pitch and Roll Requirements of 14 CFR 25.562(b)(2) Amendment 25-64 for Flight Deck Seats onthe Boeing Model 767-2C.

To supportthe 767-2C ATC program schedule, The Boeing Company requests that the enclosed information be processed by August 3rd, 2012. Furthermore, The Boeing Company requests to be notified whenthe enclosedpetition processing has completed.

Waiver from Public Comment

This petition will not set a precedent and accordingly, The Boeing Company respectfully requests a waiver from the publication andpublic commentperiod of this Exemption. The Boeing Company believes that good cause exists to waive the publication and comment requirements of 14 CFR 11.85, 11.87 and 11.89.

This letter is being sent for:
(X) Posting to the Federal Docket ';, :_.

# ~OEING Page 3 Mr. Xidias RA-12-01946

Please contact this office or the following individ,uals ifyou have further questions:
Project Administrator (PA): Program Manager Certification Lead/Specialist: S. Gordon J. Flower G. Gillette 425-237-6068 206-715-1768 425-266-7484

The information being forwarded to the FAA by or with this correspondence is for the exclusive purpose ofsupport ofapplications for or amendments to Type Certificates.

Enclosure: Petition for Exemptionfrom 14 CFR 25.562(b)(2)

cc Name Jim Cashdollar Angelos Xidias Letter EDT EDT Enclosures EDT. EDT Comments ANM-106B ANM-100BEnclosure to RA-12-01946



### Petition for Exemption from 14 CFR 25.562(b)(2), Amendment 25-64, Boeing Model 767-2C, Flight Deck Floor Warpage 

# IA. Name and Address ofthe Petitioner

Doug Lane, Director, Regulatory Administration Deputy Lead Administrator The Boeing Company, PO Box 3707, Seattle, Washington, 98124 

# IB. Section ofthe Code of Federal Regulations (CFRs) that are affected

As provided for in 14 CFR 11.61 (b), Boeing hereby petitions for exemption to the following CFRs:

Regulation At Which Requires Amendment 14 CFR 64 (b)(2) A change in forward longitudinal velocity (Delta V) of not less 25.562(b)(2) than 44 feet per second, with the airplane's longitudinal axis horizontal and yawed 10 degrees either right or left, whichever would cause the greatest likelihood ofthe upper torso restraint system (where installed) moving offthe occupant's shoulder, and with the wings level. Peak floor deceleration must occur in not more than 0.09 seconds after impact and must reach a minimum of 16g. Where floor rails or floor fittings are used to attach the seating devices to the test fixture, the rails or fittings must be misaligned with respect to the adjacent set of rails orfittings by at least 10 degrees vertically (i.e., out of parallel) with one rolled 10 degrees.


# IC. The extent of relief being sought

Reaulation Reauires: Relief is necessarv because: 14 CFR Where floor rails The testing would create an economic disadvantage for the 25.562(b)(2) orfloor fittings are 767-2C without a commensurate expectation ofsafety. The Amendment used to attach the FAA considers the floor warpage testing offlight deck seats is 64 seating devices to notjustified for an aircraft ofthis size and type. The FAA has the test fixture, the stated their intent to develop a proposal to amend the rails orfittings regulation accordingly. must be misaligned with Description of relief sought: Relief from the rail misalignment respect to the and roll test requirements of 14 CFR 25.562(b)(2) Amendment adjacent set of 25-64 for flight deck seats. rails orfittings by at least 10 degrees vertically (i.e., out of parallel) with one rolled 10 degrees.

Page 1 of4Enclosure to RA-12-01946



# ID. Description ofthe Issue

The Boeing Company hereby petitions for an exemption for relieffrom the Floor Pitch and Roll Requirements of 14 CFR 25.562(b)(2) Amendment 25-64 for Flight Deck Seats on the Boeing Model 767-2C.

The 767-2C is a commercially-offerable, freighter derivative version ofthe 767-200 passenger airplane, and is the next Boeing aircraft that will comply with the requirements of 14 CFR 25.562, as stated in the G-1 Issue Paper. Accordingly, there are provisions of 14 CFR 25.562 which previous Boeing models, 737-600/- 700 

### I-700C 1-800/-900, 757-300, 767-200C /-400ER, 777-200 /-200LR /-300/- 300ER and 787 [Refer to Exemptions No. 5436, 5436A, 5436B, 6425, 6600, 6935, 6425A, 8269 and 9486] were not required to meet, specifically the floor warpage testing requirements for flight deck seats.

The previous Boeing models were exempt from this requirement based on the following justification:

14 CFR 25.562(b)(2) states that, "

... Where floorrails orfloorfittings are used to attach the seating devices to the test fixture, the rails orfittings mustbe misaligned with respect to the adjacentset ofrails orfittings byatleast 10 degrees vertically (i.e., out ofparallel) with one rolled 10 degrees. II

The preamble to Amendment 25-64 states that, "Crash investigations have shown that localized cabin floordeformation can occurin survivable crashes. This has been confirmedby the controlledimpact demonstration anddrop tests involving transport categoryairplanes. The inability ofsome seats to accommodate such deformations, remain in place, andrestrain the occupants can contribute significantly to degree ofinjury during 

### a crash. The simulatedfloordeformation usedin the dynamic tests, will demonstrate the tolerance ofthe seat andits attachments to deformations that could occurin an actualcrash. II
The preamble also states the benefit ofthis amendment is believed to be that, "

...some lives are expected to be saved that otherwise maynothave been. II



# I E. Statement of No Adverse affect on Safety

This test requirement makes no distinction between passenger and crew seats, while the evidence mentioned in the preamble is believed to be based on passenger seats only. There is evidence to suggest that floor warpage has not been a significant factor in flight deck seat failures during survivable crash conditions.

Page 2 of4Enclosure to RA-12-01946

The FAA has stated in previous grants of exemption, "Since issuance of Amendment 25-64, the FAA has had the opportunity to review in detail the performance ofcrew seats under various crash conditions. Although some cockpit floordistortions have been observed, there has notbeen 

### a problem with flight deck seatseparations due to floorbuckling on narrowbodyandlargerairplanes. II "Although some cockpit floor distortions have been observedafteraccidents, there has notbeen 

### a problem with flight deckseatseparations due to floorbuckling on narrowbodyandlarger airplanes which have 

### a minimum of40 inches offrangible structure between the flight deck floorand the lowerfuselage contour. The FAA nowconsiders that requiring testing of pilotseats with floor warpage cannotbejustifiedon narrowbody andlargerairplanes. The FAA is currently developing 

### a proposal to amend the regulations accordingly. II



# IF. Statement of Public Interest

The FAA acknowledged in the preamble to Amendment 25-64 the likelihood of seats designed to meet this amendment costing more to manufacture and therefore to purchase as well as increasing the airplane operating cost due to weight increase. In order to justify the increased costs, it must be expected that some lives will be saved that otherwise may not have been. This does not appear to be the case for flight deck seats. These increased costs create an economic disadvantage for the 767-2C without a commensurate expectation ofsaving lives that otherwise may have been lost.
Granting ofthis exemption is in the public interest because it will:

1. Not adversely affect flight safety 2. Improve the efficiency ofthe Model 767-2C 3. Tend to reduce airtransportation costs 4. Improve the potential for sales to foreign operators, which in turn improves the U.S. balance of payments



# IG. Request for Waiver of Publication

The petitioner requests that this petition for exemption not be delayed by the public process, which includes publication ofthe subject petition, due to the fact that this exemption will not set a precedent. Boeing believes good cause exists to waive the publication and comment requirements of 14 CFR 11.85, 11.87, and 11.89.

Page 3 of4Enclosure to RA-12-01946

The reasons presented for the relieffrom the floor warpage testing requirement for flightdeck seats on the Boeing Model 767-2C are the same as those for which a number of exemptions have already been granted for other aircraft types. [Refer to Exemptions No. 5436, 5436A, 5436B, 6425, 6600, 6935, 6425A and 8269] Accordingly, Boeing requests a waiver for the publication and comment period of this exemption. In particular, the main purpose ofthis petition and the justifications presented herein are the same as those for exemptions previously granted by the FAA.


# IH. Privileges ofthis Exemption Outside the United States

Per 14 CFR 11.81 (h), Boeing requests that the privileges ofthis Exemption be extended outside the United States. This extension of privileges is necessary for operations based within foreign countries having bilateral agreements with the United States accepting FAA 14 CFR Part 25 as their airworthiness standards for transport category aircraft. The 767-2C is intended for the global market place with
a launch customer based in a country utilizing the United States airworthiness standards. 

## j1. Conclusion

Based on the above justification and rationale provided previously for the 737-600 I

- 700 /-700C /-800/-900, 757-300, 767-200C /-400ER, 777-200 /-200LR /-300/- 300ER and 787 models [Refer to Exemptions No. 5436, 5436A, 5436B, 6425, 6600, 6935, 6425A, 8269 and 9486], Boeing requests exemption from the rail misalignment and roll test requirements of 14 CFR 25.562(b)(2) for the Boeing Model 767-2C Flight Deck Seats.

Page 4 of4