AFS-10-400-E 

 Exemption No. 10225 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

THE BOEING COMPANY Regulatory Docket No. FAA-2010-0931

 

for an exemption from § 91.105 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

 By letters dated September 15, 2010 and supplemental information dated 

December 17, 2010, Mr. John T. Pryde, Director of Regulatory Affairs, The Boeing Company 

(Boeing), P.O. Box 3707, Seattle, Washington 98124, petitioned the Federal Aviation 

Administration (FAA) for an exemption from § 91.105 of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would allow Boeing to conduct 

operations in Boeing B-787 and B-747-8 aircraft to the extent necessary to also allow foreign 

pilots to manipulate the controls of the aircraft while in flight within the United States for the 

purpose of training and familiarization. Although the petitioner requested relief from §§ 91.9 

and 91.531, the FAA finds that relief from § 91.105 is more appropriate. 

The petitioner requires relief from the following regulations:

Section 91.105 prescribes, in pertinent part, that each required flight crewmember 

shall be at the crewmember station and keep the safety belt fastened while at the 

crewmember station. 

The petitioner supports its request with the following information:

Boeing is a major manufacturer of commercial transport airplanes. The newest models, B787 and B-747-8, require two crewmembers. While airmen holding an appropriate FAA 

certificate can properly occupy the second-in-command (SIC) seat to perform training and 

familiarization flights in U.S. airspace per § 61.55(g), individuals lacking FAA certificates 

may not. Section 61.3(a)(1) and 49 U.S.C. § 44711(a)(2) precludes Boeing from allowing the 
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foreign pilots of purchasing customers to serve as a required flight crewmember on their 

training and familiarization flights on the aircraft in U.S. airspace. This regulatory constraint 

affects Boeing’s ability to market its products, especially abroad. The petitioner contends that 

regulatory relief from § 91.105 will be in the public interest because many of the pilots who 

will receive the enhanced training under the exemption will go on to train other pilots for their 

respective airlines, which will result in a larger number of better trained pilots who will likely 

operate international flights in U.S. airspace. 

Boeing believes that a grant of exemption will not adversely affect the level of safety. All 

flights will be conducted in day visual flight rules (VFR) conditions under the supervision of 

a Boeing appointed pilot in command (PIC) who is current and qualified on the appropriate 

aircraft type. The Boeing instructor pilots will be FAA-certificated airline transport pilot 

license holders to include the current B-787 to B-747-8 letter of authorization, as appropriate. 

Additionally, upon final certification of the B-787 and B-747-8 aircraft, the Boeing instructor 

pilots will maintain current type certification on the applicable aircraft. Boeing will require 

that the non-FAA-certificated pilots possess and provide, prior to the actual flight, a transport 

pilot’s license and associated medical certificate issued by the appropriate regulatory 

authority of each pilot’s country and documentation of recent training completion in the 

appropriate training course for the airplane to be flown. In addition, Boeing will comply with 

all applicable Transportation Security Administration (TSA) processing requirements prior to 

the commencement of any flight training. 

 A summary of the original petition was published in the Federal Register on 

October 1, 2010 (75 FR 60859). No comments were received. 

The FAA’s analysis is as follows:

The FAA has considered fully the petitioner’s request and supporting material and finds that a 

grant of exemption would be in the public interest. 

 Section 91.105(a) states that during takeoff and landing, and while en route, each required 

flight crewmember shall be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in connection with 

physiological needs; and keep the safety belt fastened while at the crewmember station. 

 The foreign pilots of purchasing customers referenced in the petition do not hold the 

appropriate U.S. pilot certificate, and these pilots will not be obtaining a U.S. pilot certificate. 

However, the petitioner states that the foreign pilots hold a transport pilot’s license and 

associated medical certificate issued by the appropriate regulatory authority of each pilot’s 

country, and the pilots will have documentation showing satisfactory completion of the 

appropriate training course for the airplane to be flown, to include ground and simulator 

training. The purpose of the training is to qualify these highly experienced foreign pilots as 

the initial cadre of pilots for their airline. These pilots will not be obtaining a U.S. pilot 

certificate based on this training. 
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 In order to maintain an equivalent level of safety, the FAA will grant the petitioner’s request 

to allow the non-U.S.-certificated pilots to manipulate the controls of the B-787 or B-747-8 

aircraft within the United States provided that they are accompanied by an appropriately 

certificated and rated Boeing instructor PIC who will occupy one of the pilot seats at all 

times. Additionally, Boeing will provide a designated SIC, who is a fully qualified instructor 

pilot as part of the flightcrew for all training flights and who will occupy a flight deck 

jumpseat rather than the required crewmember station. This will allow a non-FAAcertificated foreign pilot to occupy a pilot seat and manipulate the flight controls for the 

purpose of receiving flight training and for becoming familiar with the aircraft as required by 

§ 61.57, Recent flight experience: Pilot in command, which states, in part, that “...no person 

may act as a pilot in command...unless that person has made at least three takeoffs and three 

landings within the preceding 90 days.” 

 Granting this exemption would not be inconsistent with the legislative intent behind 49 

U.S.C. § 44711(a)(2). The statutory language in § 44711(a)(2) was originally enacted in 

order to prevent foreign airmen from enjoying the protection of U.S. aviation law while 

engaged in interstate commerce. See S. Rept. No. 2, 69th Senate, Air Commerce Act of 1926, 

12 A.B.A. J. 371 (1926). This exemption simply permits foreign pilots to receive flight 

training on the B-787 or B-747-8 aircraft, and its conditions and limitations are set in a 

manner that does not permit foreign pilots to use this exemption to engage in interstate 

commerce. 

 The lead airlines for these U.S.-assembled aircraft are foreign airlines rather than U.S.- 

certificated airlines. This is the first occurrence of these circumstances, which characterizes 

the petitioner’s request as unique. Boeing will maintain an equivalent level of safety during 

the training flights by operating the training flights in accordance with its operations manual 

and current best practices. 

The FAA’s Decision 

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated 

to me by the Administrator, The Boeing Company is granted an exemption from 

§ 91.105 to permit the designated SIC to occupy a flight deck jumpseat while a non-FAAcertificated foreign pilot occupies a pilot seat and manipulates the flight controls in the 

 B-787 or B-747-8 aircraft while in flight within the United States for the purpose of 

training and familiarization, subject to the following conditions and limitations. 
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Conditions and Limitations

1. The flight must be for training and takeoff and landing currency purposes only. 

2. The flight will be conducted under VFR only. 

3. The flying will be conducted in the airport traffic pattern and will begin and end 

at the same airport and will cover the time necessary for the foreign pilot to 

obtain three take offs and three landings. 

4. The only training and familiarization flight must be conducted with two qualified 

Boeing instructor pilots on board the aircraft with one of the qualified Boeing 

instructor pilots occupying a pilot seat and one of the qualified Boeing instructor 

pilots occupying a flight deck jumpseat at all times. 

5. The Boeing instructor pilot designated as SIC will: 

a. Occupy a flight deck jumpseat and keep the seatbelt and shoulder harness 

fastened at all times; 

b. Continually observe the actions of the non-FAA-certificated foreign pilot 

undergoing training; 

c. Be prepared to take action, as necessary, in response to the foreign pilot’s 

manipulation of the controls to maintain the safety of flight; and 

 d. Be expected to continue to perform the duties of the SIC while away from 

his or her station but seated at the jumpseat. 

6. The training can occur only during daylight hours, as defined in § 61.57, which is 

1 hour before sunrise to 1 hour after sunset. 

7. The foreign pilots of purchasing customers must possess and provide, prior to the 

actual flight: 

 a. A transport pilot’s license (certificate) and associated medical certificate 

issued by the appropriate regulatory authority of each pilot’s country; and 

 b. Documentation showing satisfactory completion in the appropriate training 

course for the airplane to be flown, to include ground and flight simulator 

training. 
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8. The foreign pilots of purchasing customers will be vetted through the TSA-related 

portions of § 61.75, and the petitioner is required to comply with all aspects of 

 § 61.75 that are important to safety and security. 

This exemption terminates on March 31, 2013, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on March 10, 2011. 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service .