September 19, 2013

Exemption No. 10871 Regulatory Docket No. FAA

- 2013

- 02 21

Ms. Caitlin M. Randles Supervisor, Flight Test Engineering

The Boeing Company

P.O. Box 3707 Seattle, WA 98124

Dear Ms. Randles:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and lists the conditions and limitations of the exemption.

T he Basis for Our Decision

By letter dated February 26, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of The Boeing Company (Boeing) for an exemption from §§ 61.75(d)(2) and

61.117 of Title 14, Code of Federal Regulations . That e xemption, if granted, would allow certain pilots exercising private pilot privileges to fly as a flight crewmember on all models of Boeing 737, 747, 757, 767, 777 and 787 aircraft . Specifically, these pilots will be permitted to fly as second

- in

- command ( SIC) of these aircraft while conducting evaluation and demonstration flights within the United States for potential buyers of those aircraft or on behalf of their respective civil aviation authority

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Boeing.

The FAA has issued a grant of exemption in c ircumstances similar in all material respects to those presented in your petition. In Grant of Exemption No

. 10061 (copy enclosed), the FAA found that granting the exemption was appropriate.

The FAA has updated the Conditions and Limitations in Boeing’s previous exemption, Exemption No

. 10061K, in order to add clarity to those conditions and limitations and relieve the petitioner from having to seek frequent amendments t o this grant of exemption. The

FAA has also added new conditions and limitations that the FAA feels are necessary to provide an equivalent level of safety to the regulations. These conditions and limitations also2

standardize this exemption with other exemptions for similar relief. All users of this exemption should thoroughly review the revised conditions and limitations

.

Condition/ Limitation No. 1 has be altered, at the request of the Boeing, to provide the same relief granted under Exemption 10061K to all Boeing airplane models, listed in this exemption.

Condition/Limitation No. 3 h as been added to allow Boeing to interface with the Flight Standards District Office ( FSDO ) to update the list of eligible foreign

- licensed pilots that are covered under this exemption

.

Condition/Limitation No. 4, 5, 6, 7, 8, 9, and 11 clarify operational and certification requirements, and add a new requirement for a fully qualified second in command to be available to substitute for the pilot operating under the privileges of the exemption, if necessary. These conditions and limitations are consistent wi th exemptions for similar relief.

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No

. 10061

,

• the reasons stated by the FAA f or granting the enclosed Grant of Exemption No

. 10061 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has de legated to me, I hereby grant The Boeing Company an exemption from

14 CFR §§ 61.75(d)(2) and 61.117 to the extent necessary to allow certain foreign pilots approved by the FAA to fly as second

- in

- command of certain Boeing aircraft while conducting evaluati on and demonstration flights within the United States for potential buyers of those aircraft or on behalf of their respective civil aviation authority , subject to the following conditions and limitations

.

Conditions and Limitations

1. This exemption is iss ued for the purpose of allowing demonstration and evaluation flights only in Boeing models 737, 747, 757, 767, 777, 787 and derivatives thereof

.

2. The privileges of this exemption are intended to enable a foreign pilot who holds a U.S. private pilot certifi cate with airplane multi

- engine class rating and an instrument rating (subject to the limitation in condition 4) to act as second

- in

- command of an aircraft on a sales demonstration flight.

3. The privileges of this exemption are not valid unless the exempt ion holder has a letter from the FAA Flight Standards District Office (FSDO), 1601 Lind Ave., SW, Renton,3

Washington 98057, specifically indicating approval of each of the foreign pilot s operating Boeing aircraft under the privileges of this exemption.

4. Ea ch foreign pilot approved by the FAA FSDO identified in Condition /Limitation

No. 3 must make application for a private pilot certificate in accordance with § 61.75. Any person authorized by the FAA Administrator to issue a § 61.75 private pilot

certificat e may place an instrument rating on the certificate without the knowledge test required by § 61.75(d)(2). The person issu ing the § 61.75 private pilot certificate

must i ndicate on that certificate the following limitation:

T he instrument rating privilege s are only valid for use under the privileges of Exemption No. ______.

5. All flight operations using the privileges of this exemption are limited to flights for sales demonstration purposes; the privileges of this exemption may not be used for operations th at involve:

a. delivery of an aircraft;

b. maintenance o r manufacturing flight testing;

c. flights operated under a special airworthiness certificate in the experimental category other than for the purpose of sales demonstration and flight evaluations conducted by a foreign civil aviation authority ; or, d. flights operated for the purpose of crew training.

6. Boeing must be in full operational control of any aircraft operated using this privileges of this exemption.

7. The pilot

- in

- command (PIC) of any flights operated usi ng the privileges of this exemption must:

a. Hold a valid U.S. commercial pilot certificate or airline transport pilot certificate

with the appropriate type rating

b. Hold a valid U.S. first

- or second

- class medical certificate

c. Be directly employed by Boeing, an d,

d. Must remain the PIC for the duration of the flight.

8. The person acting as SIC of any flights operated using the privileges of this exemption must:

a. Be an authorized representative of a legitimate potential purchaser of the type aircraft being flown, or r epresentative civil aviation authority ; b. Hold a valid pilot certificate issued by an International Civil Aviation Organization (ICAO)

- member state containing:

1. commercial pilot certification (or equivalent) with instrument and multi

engine ratings, or,

2. airl ine transport pilot certification (or equivalent) with a multi

- engine rating4

c. The certificates identified in 8 ( b ) must be in the English language, or must be accompanied by documentation in the English language translating certification, privileges, and val idity of those certificates.

d. Holds a valid medical certificate issued under 14 CFR 67, or a medical certificate issued by the ICAO

- member state that issued the person’s foreign pilot certificate identified in 8(c).

9. Except as provided in Condition/ Limitat ion 10, a ll flight operations under the privileges of this exemption must be operated with a person aboard (other than the persons identified in condition/limitation Nos. 2 and 7 ) who:

a. is employed by Boeing;

b. is not acting as PIC of the aircraft;

c. holds the appropriate U.S. airman and medical certificates to act as SIC of the aircraft being flown; and,

d. Boeing has found to be qualified to act as SIC of the aircraft being flown.

10. No persons or property other than those identified in the conditions and limitatio ns of this exemption may be on board the aircraft when conducting any flights using the privileges of this exemption.

11. This exemption applies to flights conducted within domestic United States airspace. Boeing may exercise this relief for overflights with in the territory and airspace of a foreign country only with the specific permission of the foreign civil aviation authority

.

The Effect of Our Decision

This exemption terminates on September 30 , 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosure s