# .cp__aoEIND**~J:R** 

## 10 

## 2014

R..A-14-00555 U.S. Department ofTransportation pocketOperations

. John A. Hamilton Lead Administrator Regulatory Administration Commercial Airpiaries



### WestBuildingGround Floor, Room 

### W12-140 

### 1200 NewJersey 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 ProjectNo.:

EASAProjectNo.: 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 letteris being sentfor: (X) Postingto the Federal Docket

TheBoeing.Company herebypetitions 

### fot an exemption for relieffrom 14 CFR25:777(a), 25.130l(a)(b)(d), and 25.1309(a)(c). Tosupportthe 767-2Cprogram schedule, The BoeingCompanyrespectfully requests thatthe enclosed information beprocessed by

### Jone·9, 2014. Furthermore, The Boeing Co111pany requeststobe notified when the enclosed petitionprocessinghas completed:

# ··· .• rp_aalf'/'NG .•

·. ·. . Page2 ..••. Mr. kXidhis

. RA-14"'00555**P.Ie~se** 

### coj}bidthis office or**tlu~** 

### following indivi4uals ifyou have:further

.questions:

·· ProjectAdministrator (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 beingforwardeq totheFAA byorwiththis

### correspond~nte is • for the exclusive purpose ofSupport ofapplications:for oramendmentS:to Type

·C¢i1:ificates. Sincerely,

•·Digitally signed.by



# ..**·~~ ~~~~:i~·:.::.::h@bo**  11 :22:10 -08'00' 

### for

. · . .Douglas M. 

### Lane

.. · ODADep\ltyLead**Admini~trator**



### (425)**2~7':-1383,** 

### MC 03-'56 

### .FAX: .(425)294-9340

Enclosure: Petition for Exemption

cc**N~me** 

### · ·•jim Cashdpllar AngelosXidias Letter SP EDT . E.nclosures SP 

### EDT. Cob1ments 

### ANM:.,lOOB ANM-lOOBEnclosure to RA-14-00555 

### Petition for Exemption from §§25.777(a),25.1301(a)(b)(d), and 25.1309(a)(c) ofTitle 14, Code ofFederalRegulations (CFR)

Name and Address ofthe Petitioner Doug Lane, Director The Boeing Company POBox 3707 Seattle, Washington, 98124 

### Section(s) oftheRegulations from which Reliefis 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 ofinstalled equipment must- (a) Be ofa kind and design appropriate to its intended function; (b) Be labeled as to its identification, function, or operating limitations, orany applicable combination ofthese 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 crewto 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) ofTitle 14, Code ofFederal Regulations (CFR) TheExtent ofReliefSought and Reason(s): Regulation Requires: Reliefis Necessary because: 14 CFR25.777(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 ofinstalled The operational (six position rotary, Amendment 25-0 equipment must be ofa continuously variable, and on-offpushbutton) kind and design switches, and non-operational (guarded toggle, appropriate to its intended three position rotary, continuously variable, and function on-offpushbutton) switches may be considered inappropriate if intendedto be inoperative or the switch includes selections which are not intended to be used for the ATC configuration. 14 CFR 25.130l(b) Each item ofinstalled Labeling associated with the operating Amendment 25-0 equipment must be labeled limitations ofthe provisional functionality and as to its operating or switches supporting post 767-2C ATC limitations modification by the STC consisting ofa sixposition rotary, continuously variable rotary, and on-offpushbutton switches is not provided due to the customer provisioning aspects of each ofthese switches. 14 CFR 25.1301(d) Each item of installed There are guarded toggle, on-offpush 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 ATC 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 placethe six-position rotary, continuously operating condition variable rotary, and the on-offpushbutton 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 ATC modification by the STC. This is applicable to the six position rotary, continuously variable, and the on-offpush button switches.

2Enclosure to RA-14-00555 Petition for Exemption from §§25.777(a),25.130l(a)(b)(d), and 25.1309(a)(c) ofTitle 14, Code ofFederal Regulations (CFR) Description ofIssue Boeing is developing a commercial derivative ofthe 767-200 (i.e., the 767-2C) that provides increased capabilities such as Maximum TakeoffWeight (MTOW), upgraded flight deck, etc. The first 767-2C customer plans to have certain additional features/capabilities/equipment installed afterthe ATC is granted. These modifications will be installed via an FAA approved STC. Certain switches/equipment/components are proposed to be included as part ofthe ATC project that will suppmi the subsequent STC installation, however, their installation results in some noncompliances with the aforementioned regulations. The overall cost ofmanufacturing the airplane can be reduced and potential errors avoided ifthese switches/equipment/components are included as part ofthe 767-2C manufacturing process, ratherthan reworking the airplane to install them post-ATC. This exemption is limited to the 767-2C ATC configuration with the following design features: STC provisioned operational switches that can be set to a positionthat would result in a noncompliant condition: • six-position rotary switch • continuously variable switch • on-offpush button switch STC provisioned non-operational switches: • on-offpush button switch • continuously variable switch • guarded toggle switch • three-position rotary switch

The installation ofthese switches causes a short-term noncompliance that will be resolved bythe installation ofthe STC. At the completion ofthe 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 longerbe applicable to the airplane in the final configuration.

Switcheswith Additional Customer Specific Functionality Six .Position Rotary Switch- In suppmi ofthe STC project, a six-position rotary switch will be provided. Position 1is compliant with all applicable FAA regulations, and compliance will be demonstrated for ATC. Positions 2-6 do not meet FAA requirements.

3Enclosure to RA-14-00555 Petition for Exemption from §§25.777(a),25.130l(a)(b)(d), and 25.1309(a)(c) ofTitle 14, Code ofFederal Regulations (CFR) ContinuouslyVariable Switch- In support ofthe STC project, a continuously variable Switch will be made functional on the ATC project. In the MAX position, this item will be compliantto all applicable FAA regulations, and compliance will be demonstrated for ATC. When the switch is not in the MAX position, the functionality controlled by the switch does not meet the FAA requirements. On-OffPushbutton Switch- In support ofthe STC project, an on-offpushbutton 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 ONposition, 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-offpush button, and continuously variable switches will be added to the ATC flight deck. ForATC, these switches will not be functional. lNOPplacards will be added to providethe pilot with an awareness that the switches are non-functionaL StatementofPublic Interest Deferring the design, installation and testing ofthe 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 equipmentto the extent allowed bythe 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 makingthe 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 ofthis exemption are proposed to apply only to the airplane under the control ofThe Boeing Company. Tn the absence ofan FAA grant ofexemption 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 ofthe 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.

4Enclosure to RA-14-00555 

### Petition for Exemption from §§25.777(a),25.1301(a)(b)(d), and 25.1309(a)(c) ofTitle 14, Code ofFederal Regulations (CFR) StatementofNo Adverse Effecton 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-offpush button switch STC provisioned non-operational switches: • on-offpush button switch • continuously variable switch • guardedtoggle 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 ofpreparing 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 ATC. The inoperative provisions subject to this exemption are installed to support the follow-on modification by the STC. Ifincorrectly set, there would be no impact on airplane operation. 

### Requestto 'WaivePublication and Comment' Notrequested. 

### Privileges oftheExemption Outsidethe United States Not requested. 

### Conclusion BCA is provisioning the 767-2C ATC type design with flight deck functionality and switches which supportthe 767-2C STC. Boeing will provide AFM limitations and INOP placards, where necessary, for the ATC. The STC will complete the certification ofthe above listed switches in a configuration that will comply with all applicable FAA requlations. As such, Boeing requestsEnclosure to RA-14-00555 Petition for Exemption from §§25.777(a),25.1301(a)(b)(d), and 25.1309(a)(c) ofTitle 14, Code ofFederal Regulations (CFR) relieffor the aforementioned regulations to obtain certification ofthe 767-2C type design provided the airplane remain under the ownership ofThe Boeing Company.
Summary to be Published in the Federal Register PETITIONER: Boeing Commercial Airplanes SECTION OF 14 CFR AFFECTED: 14 CFR25.777(a), 25.1 301(a)(b)(d), 25.1309(a)(c) DESCRIPTION OFRELIEF SOUGHT: Boeing Commercial Airplanes (BCA) is currently working to develop a 767-2C Amended Type Certificate (ATC) model airplane that will be subsequently modified by a Supplemental Type Certificate (STC). BCA will be provisioningthe 767-2C ATC airplane in suppott ofthe 767- 2C STC, such that on the ATC 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 reliefonly applies to model 767-2C airplane while they remain under the ownership/control ofThe Boeing Company.

6