# rti--IIDEIND

9R-TE-BBXA-BRB-13-0584 October 16, 2013

Docket Management Facility U.S. Department ofTransportation 1200 New Jersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590
Attention: Federal Aviation Administration Director, Aircraft Certification Service, AIR-I The Boeing Company P.O. Box 3707 Seattle, WA 98124-2207



### Subject: Petition for Renewal ofExemption No. 9669 from 14 CFR Section 21.197, Special Flight Permits
References: (a) Boeing Letter B-X81B-90-028, dated January 22, 1990 (b) Exemption No. 5600, dated February 8, 1993 (Enclosure 1) 

### (c) Exemption No. 9669B, Regulatory Docket No. FAA-2001-8898, dated March 26, 2012 (Enclosure 2)
The Boeing Company hereby petitions for are-issuance ofits existing exemption from 14 CFR, Section 21.197, Special Flight Permits. Reference (a) contained the original petition for exemption from 14 CFR 

### § 21.197 permitting Boeingto conduct tlightcrew training in aircraft operated under a special flight permit issued for production flight testing ofnew aircraft. Reference (b) [Enclosure 1] granted that request with an expiration date ofFebruary 28, 1995. Reference (c) [Enclosure 2] is the most recent extension ofthe exemption to 14 CFR § 

### 21.197 with an expiration date ofMarch 31, 2014.
The requirements for, and the rationale in support of, the exemption remain unchanged and valid. The Boeing Company requests a two yearextension ofthe previously granted Reference (c) exemption.
Since the existing exemption will expire on March 31, 2014, an expeditious handling ofthis petition would be greatly appreciated. If additional information is required pursuant to this petition, please contact Colin S. Fender at 206-544-1974. Regards,

Brooke D. Shindler Acting Supervisor, FAA Coordination Boeing Flight Test Engineering 9R-TE-BBXA M/C: 14-KF Tel. (206) 544-9818
Enclosures (2)

### Enclosure 1to Boeing Letter 9R-TE-BBXA-BRB-13-0584 

### Page 1 of4

Exempt[1 ).

### txt Exemption No 5600
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591**·····~·······························** 

## • In the matter ofthe petition of 

### * 

## • THE BOEING COMPANY *Regulatory Docket • No. 26149 

### * for an exemption from Section 21.197 • ofthe Federal Aviation Regulations • 

### •

GRANT OF EXEMPTION By letter dated January 

### 22, 1990, Mr. R.D. Grantham, Unit Chief, Engineering Support, Boeing Commercial Airplanes (Boeing Company), P.O. Box 3707, Seattle, Washington 98124-2207, and letters dated October

### 4, and November 21, 1990, Mr. William M Broadhurst, Supervisor, Boeing Company, petitioned for an exemption from Section 21.197 ofthe Federal Aviation Regulations (FAR) to allow the Boeing Company to conduct flight crew training of Boeing flight crews while operating under a special fhght permit.
The petitioners request relief from the following section: Section 21.197 states, in pertinent part, that a special flight permit may be issued for an aircraft that may not currently meet applicable airworthiness requirements but IS capable of safe flight for certain purposes, including production flight testing of new production aircraft.
The petitioners' supportive information is as follows:
The petitioners state that the Boeing Company conducts production flight testing of new production aircraft under special flight permits issued under the provisions of Section 21.197 ofthe FAR.
The petitioners state that the Boeing Company presently has only one aircraft being operated under an experimental airworthiness certificate that could be used for training , but its availability is very limited due to other test program requirements.
AIR-90-193-E
The petitioners state that present operations encompass production testing of Boeing Models 737-300/-400 757-200 Page 1

### Enclosure 1to Boeing Letter 9R-TE-BBXA-BRB-13-0584 

### Page 2 of4

Exempt(1].txt 767-200/-300, and 747-300/-400 and a new model 737-500, introduced in February 1990, all conducted under special flight permits under Section 21.197. With the pressing demand for new aircraft, the Boeing Company is operating its manufacturing facilities at full capacity in order to meet this requirement. As a result, production flight testing is now running full time, allowing Boeing pilots little time for other flying activities, includmg training. The petitioners further state that the Boeing Company is delivering approximately 35 aircraft per month in the four models currently in production. This will increase to over 40 per month as soon as the Boeing Company has the capacity The Boeing Company backlog of orders stretches into the mid1990's. The reason for this unprecedented production effort is to satisfy the world airline demand for new equipment. The petitioners state that because ofthe extremely limited availability oftraining aircraft, its best direction at this time is to provide training time during the latter phase ofthe final production flight. Under the present limitations of Section 21.197, the Boeing Company states it is unable to provide any flight crew training during the production flight phase. Boeing Company pilot requirements are very stringent and require qualifications and experience levels equivalent to those of Part 121 operations. The training of Boeing pilots, particularly the newly hired, has become a serious problem that is beginning to impact the Boeing Company operations in training costs, flight operations cost, and in customer delivery schedules. The petitioners state that a prospective pilot is required to have an Airline Transport Pilot (ATP) certificate with a multi-engine type rating (preferably in a Boeing airplane) before being considered for employment as a Production Flight Test pilot. Afterjoining the Boeing Commercial Airplane Company,the pilot is sent through Boeing Company's Customer Support Training Program

. The pilot receives the same curriculum given to customer airlines who contract to have their crews trained 

### by Boeing

. This includes classroom and flight simulator training

. After successfully complebng this training , the pilot is put in the Production Flight Test organization as first officer in the type aircraft for which he or she has completed training. The petitioners state that ifa pilot were in need of initial type rating in one ofthe Boeing Company's aircraft, the training flight would take place in an aircraft which had completed the flight profile described in Boeing Company's FAA-approved Production Flight Test document on an airplane which was scheduled for a subsequent flight to clear up flight squawks from a previous flight
The petitioners further state that the Boeing Company has approximately 30 pilots engaged in production flight testing Page 2

### Enclosure 1to Boeing Letter 9R-TE-BBXA-BRB-13-0584 

### Page 3 of4

Exempt[1].txt and has recently experienced a 60 percent turnover in personnel. Ofthese pilots, approximately 12 are qualified in all four airplane models currently in production; the others fly fewer models. The Boeing Company estimates that there is a potential to do crew training of some type either initial, type rating, recurrent, or refresher on 15 percent ofthe 300 airplanes to be delivered this year. This would be almost one usage ofthe crew training exemption per week

. The petitioners further state that leasing ofcustomer aircraft with a standard airworthiness certificate priorto delivery is costly, and with customer demand and tight delivery schedules, this is no longer a viable option. Additionally, leasing, insurance, maintenance costs, and the uncertainty of lease availability makes this option too expensive. Under pressure to deliver new airplanes, the Boeing Company cannot obtain permission from its airline customers to delay delivery of new airplanes to schedule additional flights for crew training. The petitioners assert that this exemption will not adversely affect safety and will be in the public interest by reducing the number offlights dedicated to training purposes. Additionally, there would be a reduction of noise pollution at two areas of operation, Boeing Field, Seattle, Washington; and Paine Field, Everett, Washington; due to fewer flights. In addition, there would be a conservation of resources such as aviation fuels and oils, tires, and other aircraft parts. Finally, the petitioners contend that granting this exemption relief will permit the Boeing Company to provrde more efficient service and delivery to domestic and nondomestic customers and at the same time assist the carriers to better serve the public. The sales to non-domestic customers are a significant factor in reducing the trade deficit balance according to the petitioner. The petitioners, therefore, request this exemption to allow Boeing to conduct pilot crew training of its flight crews during production flight testing of new production aircraft
A summary of the Boeing Aircraft Company's petition was published in the Federal Register on April3, 1990 {55 FR 12439)

. No comments were received. The Federal Aviation Administration's analysis is as follows· The purpose ofthe requirements in Section 21.197, special flight permits, is to allow an applicant for an airworthiness certificate to operate an aircraft that may not currently meet applicable airworthiness standards but is in condition for safe flight. Special flight permits are issued for a number of purposes, including allowing an applicant to perform functions with an aircraft necessary to Page 3

### Enclosure 1to Boeing Letter 9R-TE-BBXA-BRB-13-0584 

### Page 4 of4

Exempt[1].txt demonstrate compliance with applicable airworthiness standards for the purpose of certification. Exemptions have been previously issued by the FAA to permit the issuance of special flight permits for purposes other than those specified in Section 21.197(a). An exemption was granted to Douglas Aircraft Company in 1988 for exactly the same reason as requested by the Boeing Company (Exemption No. 4936). The FAA has encountered no**difficultie~** 

### or safety problems resulting from this exemption and the benefits described by the petitioner have been realized. The FAA is considering rulemaking in this area to extend the required relief. In the meantime, the agency has determined that the requested action can be taken without safety being compromised, and the public interest as indicated by the petitioners will also be served, provided the petitioners comply with the conditions and limitations as set forth below. In consideration of the foregoing, I find that a grant of exemption is in the public interest and will not adversely affect safety. Therefore, pursuant to the authority contained in Sections 313(a) and 601(c) of the Federal Aviation Act of 1958, delegated to me by the Administrator (14 CFR 11.53), the Boeing Company is granted an exemption from Section 21.197 ofthe Federal Aviation Regulations to the extent necessary to permit training of flight crews while operating with special flight permits issued for the purpose of production flight testing new production aircraft, subject to the following conditions and limitations: 1. All pilot flight crews to be trained must be Boeing Company employees. 2. Each special flight permit incorporating the provisions ofthis exemption will be effect1ve only for the period oftime specified in the permit and only so long as the aircraft are owned, operated, and registered by the Boeing Company.
3. Flight training performed under this exemption 

## wm not serve to meet the requirements of Parts 121 or 135 of the FAR. This exemption IS 

### effective until February 28, 1995, unless sooner superseded or rescinded /s/ Thomas E. McSweeny Acting Director, Atrcraft Certification Service Issued in Washington , DC, on February 8, 1993.

Page4

# 0 US.Oepanmant d 'tcJnspor1ctkln 

### Ftderal 

### Alllatlon AdmUs1nlllan


## March 26, 2012



## Ms. Caitlin M. Randles 

## Supervisor. FAA Coordination 

## The Boeing

## Company P.O. Box 3707 Seattle, W A 98124-2207 

## DearMs. Randles: Enclosure 2 to Boeing Letter 9R-TE-BBXA-BRB-13-0584 

### Page 1of2



## Exemption No. 9669B**BOO~Ave. SW**  WUhinglon, DC. 20!91



## Regulatory DocketNo. F AA-2001-8898

This letter is 

### to 

## inform you that

## we have granted 

## yourpetitionto 

## extend Ex.emption

## No. 9669, as 

## amended

. It

## explains the basis for our

## decision and describes 

## its effect 

## Tbe Basis for OurDecision 

## By letter dated

## Febru.acy 13, 2012, youpetitionedthe Federal Aviation Administration 

## (FAA) on 

## behalfofTheBoeing Company (Boeing) for anextension ofExemptionNo. 9669, as 

## amended. That

## exemptionfrom§ 21.197 

## ofTitle 14, Code ofFederal Regulations 

## (14 CFR) allows Boeingto 

## conduct flightcrew training 

### in

### aircraft 

## operatedunder aspecial flight 

## permit 

## issued for production flight testing 

## ofnewaircraft.
In

## your petition, 

## you indicate that

## therebas beenno change inthe conditions andreasons relative to public interest 

## and safety

### that 

## werethe basis for granting the original exemption. The FAAbas determined that

## good cause exists for notpublishing a summary 

## ofthe

## petition int'he FederalRegisterbecausethe requested extension of

## the exemption

## wouldnot set 

## e. precedent, and any 

## delay in

## acting onthis petitionwould 

## be detrimental to

## Boeing. 

## Our

## Dec:lslon The FAAbas determined thatthejustificationfor 

## the issuance 

## of

## ExemptionNo. 9669, as 

## amended, remains valid with

## respect to

## this exemptionand is in

## thepublic interest 

## Therefore, under

## the authority provided by 

## 49 U.S.C

. §§ 40113 

## and 44701. which

## tbe FAA 

## Administratorhas delegatedto me. I grant

## yourpetition.

AIR·ll--229-£

## Tbe Effect ofOnrDecision Enclosure 2 to BoeingLetter 9R-TE-BBXA

-BRB-13-0584 

### Page 2 of2



### Our

## decisionextendsthetermillation date 

## ofExemptionNo. 9669, 83 

## amended, to 

## March 31. 2014, unless sooner supersededor

## rescinded 

## All conditions and limitations

## ofExemptionNo. 

## 9669, as amended, 

## remain the 

## same. This lettermust be attached 

## to, and is 

## apart

## of, ExemptionNo

.9669. Sincerely,

# y~cf~_, Frank P.

## Paski~cz Acting**D~puty** 

### Director, Aircraft Cercification Service 

## 2