. cp__aoEIND 

~J:R 10 2014 

R..A-14-00555 

U.S. Department of Transportation 

pocket Operations . 

John A. Hamilton 

Lead Administrator 

Regulatory Administration 

Commercial Airpiaries 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue., S.E> 

Washington, D.C. 20590 

The Boeing Compariy 

P.O. Box 3707 MC 03-56 

Seattle, WA 98124,2207 

Subject: Petition for Exemption from 14 CFR 25.777(a), 

Model:·· 

·. 'RA Project No.: 

EASA Project No.: 

EASALevel: 

.Brarich/Pariel No.: · 

· Branch/Panel:Nailie: . . 

Response. Requested: 

;Reference(s): 

SpeCial Instructions: 

This letter is to submit: 

25J30I(a)(b)(d), and 25.1309(a)(c) · · · 767:;.2C . 

PS09-0863 

NIA 

N/A 

AJ\IM;.l06B 

Certification Services 

Jun~ 16, 2014 

NIA 

NIA 

(X) Petition for Exception 

This letter is being sent for: 

(X) Posting to the Federal Docket 

The Boeing. Company hereby petitions fot an exemption for relief from 

14 CFR25:777(a), 25.130l(a)(b)(d), and 25.1309(a)(c). 

To support the 767-2Cprogram schedule, The BoeingCompany respectfully 

requests that the enclosed information be processed by J one· 9, 2014. 

Furthermore, The Boeing Co111pany requests to be notified when the enclosed 

petition processing has completed: 
· · · .• rp_aalf'/'NG .• ·. ·. . Page2 ..• •. 

Mr. kXidhis 

. RA-14"'00555 

P.Ie~se coj}bid this office or tlu~ following indivi4uals if you have :further 

. questions: 

· · Project Administrator (PA): 

Program Manager 

Certification Lead/Specialist: 

P. Guilford 

t.Howorth 

E; Leorien-Jr 

425-237-:5981. 

425., 717~984 7 

425~786.;8753 

The .infol1llation being forwardeq to the FAA by or with this correspond~nte is • 

for the exclusive purpose of Support of applications :for or amendmentS: to Type 

· C¢i1:ificates. 

Sincerely, 

• ·Digitally signed.by 

.. ·~~ ~~~~:i~·:.::.::h@bo 

11 :22:10 -08'00' 

for . 

· . .Douglas M. Lane .. 

· ODADep\lty Lead Admini~trator 

(425) 2~7':-1383, MC 03-'56 

.FAX: .(425)294-9340 

Enclosure: Petition for Exemption 

cc 

N~me 

· · • jim Cashdpllar 

Angelos Xidias 

Letter 

SP 

EDT 

. E.nclosures 

SP 

EDT. 

Cob1ments 

ANM:.,lOOB 

ANM-lOOB 
Enclosure to RA-14-00555 

Petition for Exemption from §§25.777(a),25.1301(a)(b)(d), 

and 25.1309(a)(c) ofTitle 14, Code of Federal Regulations (CFR) 

Name and Address of the Petitioner 

Doug Lane, Director 

The Boeing Company 

POBox 3707 

Seattle, Washington, 98124 

Section(s) of the Regulations from which Relief is Sought: 

§25. 777 Cockpit Controls 

(a) Each cockpit control must be located to provide convenient operation and 

to prevent confusion and inadvertent operation. 

§25.1301 Function and Installation 

Each item of installed equipment must-

( a) Be of a kind and design appropriate to its intended function; 

(b) Be labeled as to its identification, function, or operating limitations, or any 

applicable combination of these factors; 

(d) Function properly when installed. 

§25.1309 Equipment, Systems, and Installations 

(a) The equipment, systems, and installations whose functioning is required by 

this subchapter, must be designed to ensure that they perform their intended 

functions under any foreseeable operating condition. 

(c) Warning information must be provided to alert the crew to unsafe system 

operating conditions, and to enable them to take appropriate corrective action. 

Systems, controls, and associated monitoring and warning means must be 

designed to minimize crew errors which could create additional hazards. 
Enclosure to RA-14-00555 

Petition for Exemption from §§25.777(a),25.130l(a)(b)(d), 

and 25.1309(a)(c) of Title 14, Code of Federal Regulations (CFR) 

The Extent of Relief Sought and Reason(s): 

Regulation Requires: Relief is Necessary because: 

14 CFR 25.777(a) Each cockpit control must System knowledge and crew procedures may be 

Amendment 25-46 be located to prevent insufficient to ensure that a pilot would not 

confusion and inadvertent place the six-position rotary switch, the 

operation continuously variable rotary switch, and on-off 

pushbutton switch in a non-compliant position 

as they contain provisional functionality 

supporting post 767-2C ATC modification by 

the STC. 

14 CFR 25.130l(a) Each item of installed The operational (six position rotary, 

Amendment 25-0 equipment must be of a continuously variable, and on-off pushbutton) 

kind and design switches, and non-operational (guarded toggle, 

appropriate to its intended three position rotary, continuously variable, and 

function on-off pushbutton) switches may be considered 

inappropriate if intended to be inoperative or 

the switch includes selections which are not 

intended to be used for the A TC configuration. 

14 CFR 25.130l(b) Each item of installed Labeling associated with the operating 

Amendment 25-0 equipment must be labeled limitations of the provisional functionality and 

as to its operating or switches supporting post 767-2C ATC 

limitations modification by the STC consisting of a sixposition rotary, continuously variable rotary, 

and on-off pushbutton switches is not provided 

due to the customer provisioning aspects of 

each of these switches. 

14 CFR 25.1301(d) Each item of installed There are guarded toggle, on-off push button, 

Amendment 25-0 equipment must function three position rotary, and continuously var.iable 

properly when installed switches that are not operational due to the fact 

that they will provide functionality added post 

767-2C A TC by the STC. 

14 CFR 25.1309(a) Required equipment must System knowledge and crew procedures may be 

Amendment 25-41 perform intended function insufficient to ensure that a pilot would not 

under any foreseeable place the six-position rotary, continuously 

operating condition variable rotary, and the on-off pushbutton 

switches in a non-compliant position. as they 

contain provisional functionality suppot1ing the 

post 767-2C ATC modification by the STC. 

14 CFR 25.1309(c) Controls must be designed Crew errors for the exterior light controls cannot 

Amendment 25-41 to minimize crew errors be minimized due to the ability to put switches 

in a position for customer provisioned modes 

which will not be activated until post 767-2C 

A TC modification by the STC. This is 

applicable to the six position rotary, 

continuously variable, and the on-off push 

button switches. 

2 
Enclosure to RA-14-00555 

Petition for Exemption from §§25.777(a),25.130l(a)(b)(d), 

and 25.1309(a)(c) ofTitle 14, Code of Federal Regulations (CFR) 

Description of Issue 

Boeing is developing a commercial derivative of the 767-200 (i.e., the 767-2C) that provides 

increased capabilities such as Maximum Takeoff Weight (MTOW), upgraded flight deck, etc. 

The first 767-2C customer plans to have certain additional features/capabilities/equipment 

installed after the A TC is granted. These modifications will be installed via an FAA approved 

STC. 

Certain switches/equipment/components are proposed to be included as part of the ATC project 

that will suppmi the subsequent STC installation, however, their installation results in some 

noncompliances with the aforementioned regulations. The overall cost of manufacturing the 

airplane can be reduced and potential errors avoided if these switches/equipment/components are 

included as part of the 767-2C manufacturing process, rather than reworking the airplane to 

install them post-A TC. 

This exemption is limited to the 767-2C A TC configuration with the following design features: 

STC provisioned operational switches that can be set to a position that would result in a noncompliant condition: 

• six-position rotary switch 

• continuously variable switch 

• on-off push button switch 

STC provisioned non-operational switches: 

• on-off push button switch 

• continuously variable switch 

• guarded toggle switch 

• three-position rotary switch 

The installation of these switches causes a short-term noncompliance that will be resolved by the 

installation ofthe STC. At the completion of the STC project, the switches will enable 

additional customer specific functionality, and the inoperative switches will meet all applicable 

FAA requirements. Full compliance will be demonstrated for the STC, and this exemption will 

no longer be applicable to the airplane in the final configuration. 

Switches with Additional Customer Specific Functionality 

Six .Position Rotary Switch- In suppmi of the STC project, a six-position rotary switch will be 

provided. Position 1 is compliant with all applicable FAA regulations, and compliance will be 

demonstrated for A TC. Positions 2-6 do not meet FAA requirements. 

3 
Enclosure to RA-14-00555 

Petition for Exemption from §§25.777(a),25.130l(a)(b)(d), 

and 25.1309(a)(c) of Title 14, Code of Federal Regulations (CFR) 

Continuously Variable Switch- In support of the STC project, a continuously variable Switch 

will be made functional on the A TC project. In the MAX position, this item will be compliant to 

all applicable FAA regulations, and compliance will be demonstrated for A TC. When the switch 

is not in the MAX position, the functionality controlled by the switch does not meet the FAA 

requirements. 

On-Off Pushbutton Switch- In support ofthe STC project, an on-off pushbutton switch will be 

included on the ATC project. When the switch is OFF, all associated functionality operates 

normally. Compliance to all applicabl~ regulations will be demonstrated for ATC with the 

pushbutton in the OFF position. When the switch is in the ON position, the functionality does 

not meet FAA requirements. The pilots will receive an EICAS Memo message when the on-off 

pushbutton is in the 'ON' position which provides additional awareness ofthe selected switch 

position. 

As part ofthe proposed ATC configuration, limitations will be included in the Airplane Flight 

Manual (AFM) that describe the allowable setting for the above switches. 

Inoperative Switches 

In support ofthe STC project, guarded toggle, three-position rotary, on-off push button, and 

continuously variable switches will be added to the ATC flight deck. For ATC, these switches 

will not be functional. lNOP placards will be added to provide the pilot with an awareness that 

the switches are non-functionaL 

Statement of Public Interest 

Deferring the design, installation and testing of the systems supported by the aforementioned 

switches until after the 767-2C is built and ce11ified would result in the total program cost being 

unnecessarily higher than needed. A more economical option is to provision the 767-2C with 

such systems and equipment to the extent allowed by the FAA. As previously mentioned, this 

initial customer configuration is an interim state airplane that will be modified by an STC. Once 

modified by the STC, the airplane will comply with all FAA requirements. The extra cost of 

making the interim state compliant provides no net benefit in the configuration and no 

commensurate increase in safety. This interim state airplane will always be under the control of 

the Original Equipment Manufacturer (OEM), and as such, the provisions of this exemption are 

proposed to apply only to the airplane under the control of The Boeing Company. Tn the absence 

of an FAA grant of exemption in this case, significant modifications to all 767-2C airplanes 

would be required after delivery fi·om the Everett factory thus incurring additional and 

unnecessary costs. These additional modifications also expose each airplane to the possibility of 

introducing Foreign Object Debris (FOD) or unintentional damage to wiring that could reduce 

the overall safety and reliability of the airplane. Therefore, it is in the public's interest to 

facilitate The Boeing Company decision to employ the more efficient design, production, and 

ce1tification processes on the 767-2C Program. 

4 
Enclosure to RA-14-00555 

Petition for Exemption from §§25.777(a),25.1301(a)(b)(d), 

and 25.1309(a)(c) of Title 14, Code of Federal Regulations (CFR) 

Statement of No Adverse Effect on Safety 

This exemption is limited to 767-2C ATC configuration with the following design features: 

STC provisioned operational switches that can be set to a position that would result in a noncompliant condition: · 

• six-position rotary switch 

• continuously variable switch 

• on-off push button switch 

STC provisioned non-operational switches: 

• on-off push button switch 

• continuously variable switch 

• guarded toggle switch 

• three-position rotary switch 

The airplanes will be operated by Boeing pilots who are thoroughly familiar with these specific 

features for the short term purpose of preparing them for the final configuration. The inoperative 

provisions subject to this exemption are installed to supp01t the follow-on modification by the 

STC. The functions to be provided by these provisions are not required for civil operation. 

Therefore, the inoperative nature of these functions has no effect on the airworthiness of the 

airplane. 

Airplane functionality will be set procedurally (by the AFM), in a fully compliant state 

throughout all flights subject to this exemption. Ifthe provisioned functionality is inadvertently 

put into a non-compliant position, the highest failure effect classification for the 767-2C airplane 

is minor for the A TC. The inoperative provisions subject to this exemption are installed to 

support the follow-on modification by the STC. If incorrectly set, there would be no impact on 

airplane operation. 

Request to 'Waive Publication and Comment' 

Not requested. 

Privileges of the Exemption Outside the United States 

Not requested. 

Conclusion 

BCA is provisioning the 767-2C A TC type design with flight deck functionality and switches 

which support the 767-2C STC. Boeing will provide AFM limitations and INOP placards, where 

necessary, for the ATC. The STC will complete the certification of the above listed switches in a 

configuration that will comply with all applicable FAA requlations. As such, Boeing requests 
Enclosure to RA-14-00555 

Petition for Exemption from §§25.777(a),25.1301(a)(b)(d), 

and 25.1309(a)(c) of Title 14, Code of Federal Regulations (CFR) 

relief for the aforementioned regulations to obtain certification of the 767-2C type design 

provided the airplane remain under the ownership of The Boeing Company. 

Summary to be Published in the Federal Register 

PETITIONER: Boeing Commercial Airplanes 

SECTION OF 14 CFR AFFECTED: 14 CFR 25.777(a), 25.1 301(a)(b)(d), 

25.1309(a)(c) 

DESCRIPTION OF RELIEF SOUGHT: Boeing Commercial Airplanes (BCA) is 

currently working to develop a 767 -2C Amended Type Certificate (A TC) model 

airplane that will be subsequently modified by a Supplemental Type Certificate 

(STC). BCA will be provisioning the 767-2C ATC airplane in suppott of the 767-

2C STC, such that on the A TC flight deck, there will be functionality and switches 

that will support and be fully certified on the STC project. This functionality will 

include switches that have additional customer selections or are inoperative at the 

time the ATC is issued, but will be made fully compliant upon completion ofthe 

STC. The proposed relief only applies to model 767-2C airplane while they remain 

under the ownership/control of The Boeing Company. 

6