Enclosure

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### A. Name and Address of the Petitioner

Doug Lane, Director, Regulatory Admini stration Deputy Lead Administrator The Boeing Company

PO Box 3707 Seattle, Washington, 98124



### B. Section of the Code of Federal Re gulations (CFRs) that are Affected

As provided for in §11.61(b), per §11.81, Boeing hereby petitions for exemption from the following 14 CFR for the major model 777:

Regulation Amendment Requirement

14 CFR 25.785(h)(2) 25-72 (777- 200/300) 25-88 (777- 200LR/300ER) (h) Each seat located in the passenger compartment and designated for use during takeoff and landing by a flight attendant required by the operating rules of this chapter must be: (2) To the extent possible, without compromising proximity to a required floor level emergency exit, located to provide a direct view of the cabin area for which the flight attendant is responsible.



### C. The Extent of Relief Being Sought

Regulation Requirement Why relief is necessary

14 CFR 25.785(h)(2)

at Amdt

25-72 and

25-88 Provide a

direct view of

the cabin area

for which the flight

attendant is responsible

. Operators are requesting Boei ng to install premium minisuite systems in a cabin of Boeing 777, similar to those installed by other manufactur ers and certified by other government agencies, without means to provide a direct view of the seated occupant s from a flight attendant seated and belted position.

A typical mini-suite consists of a seat, an ottoman, and personal stowage units. To provide additional comfort, convenience and care for the passenger, every seat is surrounded by partial height partitions and doors.

Seat surrounds, being of great value to the occupants of such seat systems by providi ng the impression of privacy, are integral to th is configuration.

The proposed configurations will therefore not comply with guidance material pr ovided for 14 CFR 25.785(h)(2) (contained in AC 25.785-1B, various issue papers, and letters) which requires a di rect view of a specific percentage of seated occupa nts of these mini-suites.

Description of relief sought: Boeing respectfully requests that the FAA grant an exemption for direct viewEnclosure

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in zones where mini-suites are installed.

If granted Boeing would apply this exemption to 777 aircraft configured with mini-suite interiors meeting the technical and procedural conditions set fo rth in paragraph D of this

document.



### D. Description of the Issue

14 CFR 25.785(h)(2) first and foremost considers the placement of flight attendant seats in proximity to floor level exits of prime importan ce. The placement of flight attendant seats to provide a direct view of th e cabin area for which the flight attendant is responsible is considered of secondary importance. Of th e comments submitted to the FAA during the NPRM comment period for14 CFR 25.785(h)(2), two stated that, if galley service doors were used as emergency exits, the placement of a flight attendant seat near the exit precluded compliance with the requirement that the flight attendant be provided with direct

view of the cabin area. To cover this situa tion, it was suggested th at the requirement be conditioned to apply in so far as practicable and without compromising the proximity to required floor level exits. The FAA concurred and further stated in the preamble to the final

rules that “location of the flight attendant seats near the floor level exits in this case is more important than the requirement to have a direct view of the cabin.” The final rule was revised from the NPRM proposal to address this important comment.

AC 25.785-1B (Flight attendant s eat and torso restraint system installations) states the following definition of direct view: "direct view" means direct (lin e of sight) visual contact with cabin area/main aisle(s), which enables the flight attendant to be made aware of passenger needs relative to safe ty when the flight attendant is seated with torso restraint (safety belt and shoulder harness) fastened. Mirrors or other such devices are not acceptable equivalents to direct view, except in those cases where fli ght attendant proximity to the floor level emergency exit takes precedence over direct view. Video systems may be an acceptable means of direct view, if the level of c onspicuity is equivalent to that provided by line of sight visibility.’

Based on the FAA disposition of comments to draft AC 25.785-1B, Boeing understands that the primary intent of 14 CFR 25.785 (h)(2) is: “to make the flight atte ndant aware of issues

in the cabin”.

Boeing asserts that the guidan ce associated with 14 CFR 25.785( h)(2) is prescriptive in nature requiring visibility of specific percentages of seat ed occupants without giving adequate consideration to inhe rent capabilities of newer designed aircraft and airline operational procedures. For example:

 Premium cabins that reduce the number of occupants in a zone and airplane.

 A reduced passenger concentration further reduc es the probability and risk associated with those safety related events intended to be covered by the dire ct view regulation.

 To the extent practical, flight attendant seats are placed at floor level exits and facing the cabin thus maintaining the ability to s ee the exits, main aisles, and cabin areas.Enclosure

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 Flight attendants performing cabin inspec tion, in preparation for taxi, takeoff and landing, to ensure passengers’ need s relative to safety are met.

 Flight attendants ease of access to hands ets for communication from the flight attendant seated/belted positions.

Boeing submits that replacing conventional seats with mini-suites in a cabin will considerably reduce the number of occupants, which inherently improves the overall safety of the airplane. This has been acknowl edged by the FAA in 777 ELOS PS05-0272-C-1, as

“ Installation of mini-suites...reduces the occupancy in a given area by a factor of 6. All other things being equal, the reduction in the total number of occupants in a given part of the cabin is an enhancement to safety ”.

It is envisioned that a 777 premium cabin configuration with mini-suites will provide accommodation for a maximum of 18 passengers in a cabin zone where typical occupancy, based on standard configuration rules, is 49 pa ssengers. This represen ts a 63% reduction in the passenger count in that area. Historical methods of complia nce for direct view establish acceptable criteria to view only 50% of seats in a cabin zone. For the typical occupancy of these cabin zones, that criteri on accepts that 25 seated occupants may not be in direct view. Thus providing a cabin with ma ximum of 18 not in direct view, as defined by the guidance material, does not change the inherent safety of the airplane nor its occupants.

In recent years, Boeing has in creasingly received requests for premium cabin configurations that create the lower density, comfort and serv ice levels of executive airplanes. As such, Boeing has done in-depth research of the asso ciated regulatory material. The FAA, in granting exemption 9863 for an executive aircraft noted, “Flight attendant seats should be

located so that a direct view is provided for the cabin area whenever practical. For example, flight-attendant seats should not face aw ay from the cabin. In those areas of the airplane where traditional seating arrangements are used, the FAA believes that a direct view should be provided.” 777 Premium cabins are trendi ng toward areas typical of

executive aircrafts with limited number of occupants in a zone. Following the FAA considerations; 777 interior arra ngements have the majority of flight attendant seats facing into the cabin which allows flight attendants to monitor the cabin as well as the exits. In a typical 777 premium cabin layout, at least one flight attendant seat is facing into the premium cabin area. These typical arrangeme nts provide a sufficient view into these premium cabin areas including a view of the major ity of the aisles as well as the exits. Subsequent to the flight attendants cabin preparation for taxi, ta keoff and landing, if a passenger leaves a mini-suite, they will be viewed in the aisle and told to return to their seat.

The remainder of the interior has flight attendant seats pos itioned to meet the existing method of compliance for direct view of the mo re traditional passenger seating arrangement.

Mini-suites currently in-service on 777s have partial height partitions and doors. These designs incorporate systems and procedures, as outlined in an equivalent safety finding

related to doors in the mini-s uites, which will ensure that the occupant’s safety is maintained. Flight attendants are also able to recognize and observe the mini-suites when performing their duties. Passengers needs relati ve to safety include but are not limited to: seats are in the upright pos ition, tray tables/loose items/vid eo monitors are stowed, andEnclosure

RA-13-04792 Page 4 of 9 passengers are seated, belted, not smoking, and not using cell phones. Operational requirements exist 1 for these passenger safety needs. Those operational requirements are typically met by the flight atte ndants performing cabin inspecti ons in preparation for taxi, takeoff and landing, to ensure these safety need s are met. Other passe nger needs relative to safety, such as preparation for evacuati on and donning of oxygen masks, are managed by flight attendants through use of verbal comman ds regardless of ability to see the passengers as well as relying on other pa ssengers and crowd awareness.

14 CFR 25.1423(g) requires: “ For each required floor-level passenger emergency exit which has an adjacent flight attendant seat, have a microphone which is readily accessible to the seated flight attendant, except that one microphone may serve more than one exit, provided the proximity of the exits allows unassisted verbal communi cation between seated flight attendants.” As such, these handsets are availabl e to flight attendants to address passengers when the flight attendants must remain seated and belted.

Conditions, related to direct view, as p re-requisite for installing mini-suites

The mini-suites features related to direct view include the following:

1. Each mini-suite provides accommodation for one single occupant during taxi, takeoff and landing.

2. Mini-suite door(s) will be open dur ing taxi, takeoff and landing.

3. The hold-open retention mechanism for th e mini-suite doors will hold the doors open under 14 CFR 25.561(b) emergency landing conditions.

4. There will be a secondary, backup hold-open retention mechanism for the mini-suite

doors that can be used to “lock” the doors in the open position if th ere is an electrical or mechanical failure of the primary rete ntion mechanism. The secondary retention mechanism will hold the doors open unde r 14 CFR 25.561(b) emergency landing

conditions.

5. Each mini-suite will have appropriate placa rds, or other equivalent means, provided

to ensure the mini-suite doors are in th e open position for taxi, takeoff and landing

6. No mechanism will be provided to latch the doors together in closed position.

7. Mini-suite doors will be openable from inside or outside with 25 lbs of force or less, regardless of power failure conditions.

8. If mini-suite doors are elect rically powered, the doors will remain “locked” in the open position after power loss to the mini-suite.

9. Each mini-suite door will have a discrete hold-open mechanism that cannot be easily misused by a seated, belted occupant of the mini-suite. These hold open mechanisms will be engaged for taxi, takeoff and landing.

a. For electrically operated door s this could be a deactiv ation switch for the door(s) closing mechanism.

b. For mechanical doors this could be a la tching mechanism that cannot be easily activated by a seated, belted occupant of the mini-suite.

The cabin configuration related to the mini-su ites and direct view sh all meet the following

conditions:

1 14 CFR 121. 311(b)(e); 121.317(b)(c)(d)(f); 121.417(c )(1)(iii); 121.571(a)(1 )(i)(iii); 121.577(b) (d); 121.589(c)Enclosure

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1. A maximum of 18 mini-suites will be instal led in a 777 cabin in terior arrangement.

2. At least one flight attendant seat will face into the mini-suite cabin zone, with more as necessary, to provide a view of the main aisles adjacent to the mini-suites 2 . Aisle viewing will use the following criteria:

a. The aisle is considered to extend from th e forward edge of the first mini-suite entrance to the aft edge of th e last mini-suite entrance.

b. An aisle is considered to be viewed if 50% (or greater) of the provided aisle width is within view using a 5 foot pole or 5 th percentile female

c. A 2.5 th percentile female flight attendant is used for the assessment

d. Head movement of the fli ght attendant is limited to remain on the headrest with peripheral vision of 180 degr ees as per SAE standard J985.

3. Alternatively, if the aisle view cannot be met using the criteria above, it is considered equivalent if 80% of the mini-s uite module entrance ar eas are visible. An entrance area is considered visible, if a pe rson standing in the main aisle, directly at the seat module entrance is observable. A body depth of 12 inches 3 is assumed from

the mini-suite door/entra nce into the aisle.

4. The flight attendant seat(s) used to provide the necessary views into the mini-suite zone will be placarded to be occupied during taxi, takeoff and landing.

5. Flight attendant handsets will be inst alled in accordance with 14 CFR 25.1423(g) and primarily located at the seats placarde d to be occupied for taxi, takeoff and landing. In some cases, handset may be at an adjacent flight attendant seat if proximity allows unassisted verbal communi cation between seated flight attendants.

The procedures related to mi ni-suites and direct view: The operator will assign a duty to the addi tional attendant (above the minimum required by the applicable operating rules as requi red by 777 ELOS PS05-0272-C-1 for mini-suite installations) to perform a cabin inspection in the mini-suite zone in preparation for taxi, takeoff and landing, to ensure the mini-suite o ccupant’s needs relative to safety are met. This duty will be captured as an AFM lim itation for each airplane with mini-suites

installed.



### E. Statement of Public Interest

Sale of Boeing commercial airplanes greatly c ontribute to the balanc e-of-trade, the gross domestic product and economic health of the United States. From launch of the 777 until July 31, 2013, the 777 has capture d 65% of this market.

As with most other wide-body aircraft, the 777 is to be used primarily on long-haul routes. On flights lasting upwards of 14 hours, operators desire to pr ovide the traveling public with a very high level of comfort, care, and the impr ession of privacy. The ability to install minisuites without means to view the seated occupa nts is an integral part of that goal.

2 View of the main aisles or alternatively view of the mini-suite module entrance areas is based on the EASA special conditions for mini-suite installations on Airbus airplanes as documented in CRI D-41. The text proposed herein is revised for clarity but meets the same intent as the EASA CRI language and is offered to ensure a level competitive

market.

3 Based on 14 CFR 25.813(b) amendm ent 88 assist space dimension AC 25-17A section 419 paragraph (8)Enclosure

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At this time approximately 78% of 777 passenger airplanes are sold to foreign operators, of which 12% are operators offering premium cabins. In some countries there are privacy laws that do not allow photographs or videos of people without their knowledge and consent. The ability to install and certify mini-suites, w ithout means to view the seated occupants, in 777 premium cabins significantly improves its mark etability, thus leading to increased sales supporting a positive balance-of-trade and gross domestic product.

The petition for exemption is in essence an alternative method of achieving an appropriate level of safety, while at the same time providi ng features attractive to the operators. Minisuites installed on commercial aircraft are being requested by an increasing number of aircraft operators. Many 777 operators that are requesting mini-suites also operate fleets of other airplane models, certified by other gove rnment agencies, with premium cabins configured with mini-suites without means to vi ew the seated occupants of the mini-suites.

These customers want a consistent cabin operation and passenger experience across their fleet, and will continue to require that new aircraft to their flee t include consistent designs. If they cannot obtain mini-suites with consistent designs on 777 they will order aircraft from foreign manufacturers. This results in:

 lost opportunity to sell Boeing aircraft t hus reducing the balan ce-of-trade, the gross domestic product and economic health of the United States,

 creating an unfair competitive advantage to foreign aircraft manu facturers in this

market.

Further, the public will benefit from the lower cost of travel when the operators increase

their revenue and reduce th eir operating costs.

A majority of the flying public will see bene fit from lower ticket prices. Very often, premium class passengers will pay for a very high level of comfort, care, and the impression of privacy on long-haul flights. Accordingly, aircraft operators strongly prefer to configure their cabins in such a way that the special n eeds of these premium cl ass passengers can be met. One of the most popular configurations re quested by a wide array of operators is minisuites. The ability to offer mini-suites, without means to view the seated occupants, as part of the passenger experience allows the operators to generate additional revenue beyond that

which would be available with more conventiona l seat solutions, allowi ng the opportunity to further reduce the cost of economy class trav el. [Premium cabin seats account for 40-60% of an operator’s revenue compared with 15-27% of total number of seats per flight. Source: NY Times 11/20/2011]

The airlines will be able to keep opera ting costs down by having common training and operating procedures within their fleet. Many 777 operators that are requesting mini-suites also operate fleets of other ai rplane models which include mini-suites. The most cost effective manner of operating their fleet is to have consistent designs and flight attendant training and procedures with respect to mini -suite direct view. Enabling common operating procedures across a fleet not only keeps operating cost down as noted above, but avoids the potential for human error that may be introdu ced when procedures va ry substantially forEnclosure

RA-13-04792 Page 7 of 9 similar products. For the reasons noted above, it is the petitioner’s op inion that the overall level of safety is improved which is in the public’s best interest.

Further, operating costs are kept down when we ight is reduced and designs are simplified. Compliance with direct view in the mini-suites would require design ch anges such as the installation of camera(s) and monitor(s), or providing viewing windows into the mini-suites. Cameras/monitors and viewing windows add we ight, complexity, cost and violate the occupants perception of privacy. Added weight results in increased fuel burn and thus additional cost. Complexity of design increases the initial cost of the airplane as well as operation and maintenance cost. Cost increases are typically passed on to the flying public which is not in the public intere st. It is, however, in the publi c interest to have the flight attendant focused on each passenger in the mini-s uite during the cabin preparation for taxi, take-off and landing, rather than changing th e position of viewing windows or ensuring cameras and monitors are functioning properly.

The most cost effective way to ensure safety of the passenger, as it relates to direct view, is to ensure the cabin preparation for taxi, ta keoff and landing is sufficiently performed. Duplicate requirements as set forth in 14 CFR 25.785(h)(2) and guidance AC 25.785-1B forcing complex designs to faci litate viewing specific percen tages of seated occupants, when already viewed during the typical cabin pr eparation for taxi, take-off and landing, is not in the public interest.

In summary, allowing mini-suites to be instal led in 777s without means to view the seated occupants will level the competitive field, and op en a larger and more profitable market to the Boeing company and its customers. Gran ting the Exemption expands Boeing’s sales, which benefits balance-of-trade, the gross domestic product and economic health of the United States. This serves the public interest by serving economic interests of the United States in general and welfar e of residents, employment and improved tax revenues of Washington State in particular. In addition, 777s with mini-s uites without means to view the seated occupants improves operators’ econo mic health, which ultimately benefits the flying public, with no compromise to their safety.



### F. Statement of No Adverse Effect on Safety

Boeing strives to provide acceptable safety condi tions so that its 777 operators can safely operate their airplane with interior configurations, cabin preparation and evacuation procedures consistent with their current fleets.

A grant of Exemption will allow consistent procedures across an operator’s fleet thus maintaining safety. Many 777 operators that are requesting mini-suites al so operate fleets of other airplane models, certified by other government agencies, with premium cabins configured with mini-suites without means to view the seated occupants of the mini-suites from the attendant seated and belted positions. By maintaining consistent cabin configuration approaches, flight attendant training and proce dures across their fleet, each operator ensures safety of all occupants.Enclosure

RA-13-04792 Page 8 of 9 Further, additional systems, procedures, and personnel employed for mini-suite configurations described in section D above w ill ensure the occupants safety. These systems

ensure that the mini-suites and their installation in the airplane facilitate the flight attendants cabin preparation for taxi, takeoff, and landing where the passenger needs relative to safety are primarily addressed. The additional fli ght attendant, above the minimum required by the applicable operating rules, will have the a dditional (AFM limitation) responsibility to perform a cabin inspection in the mini-suite zo ne in preparation for taxi, takeoff and landing, to ensure the mini-suite occupant’s needs relati ve to safety are met. This additional flight

attendant can continue to mon itor the mini-suite zone during standard duties throughout the flight. These additional systems, procedures and personnel will maintain the level of safety.

Providing a direct view of seated occupants in the mini-suites fr om a flight attendant seated and belted position does not inhe rently increase safety as the flight attendant in most cases cannot get up to help the passenger. Relyi ng on the cabin procedures and handsets for communication if, for example, a passenger has m oved from their mini-suite to the aisle, maintains the level of safety. A review of the worldwide Commercial Transport Airplane History from 1968-1993 (up to the time frame wh en the ARAC direct view criteria was developed), shows that there were no reported claims in fatal accidents where the lack of direct cabin viewing was a factor contributing to accident survival rate, and no reasonable expectation that direct view would ha ve increased the number of survivors.

The number of passengers occupying mini-suites is 5%, or less, of a typical 777 passenger capacity. Therefore providing a di rect view of the seated occu pants in the mini-suites does not affect safety since the premium cabin area is a relatively small area with a low number of passengers. The flight attendan t seats at Door 1 are typically located within about 30 feet of the passengers in the mini-suites. For this relatively small area, if there is a passenger safety need subsequent to the cabin prepar ation for taxi, takeoff and landing, it could be communicated by voice due to the close proximi ty. Since the petition for exemption is requested to apply to the mini-suite zones only, there is no difference in the level of safety when comparing the entire product and the en tire product excluding the mini-suites when consideration is give n to the existing methods of co mpliance that do not require 100% visibility of seat ed occupants.

An acceptable level of safety is provided for the airplane considering familiarity of the flight attendants with the specific ai rplane and it’s interior conf iguration, and the wording of 14 CFR 25.785(h)(2) that places the emphasis for safety on the proximity of the flight attendant seat to the exit over the ability of the flight attendant to view the cabin area. The flight attendants will have a view of the majority of the aisles adjacent to the mini-suites and direct view compliance is shown for the remainder of the traditional seating arrangement. As such, there is no degradation in the passenger safety as a result of this requested exemption.



### G. Conclusion

In response to customer requests, Boeing Co mmercial Airplanes requests exemption from 14 CFR 25.785(h)(2), Amendment 25-72 and 25-88 di rect view in zones where mini-suitesEnclosure

RA-13-04792 Page 9 of 9 are installed. This request supports the instal lation of mini-suite s eating systems, without means to view the seated occupants, in premium cabin zone of 777 airplanes.

The design and configuration of the mini-suites and the installation in the airplane will be governed such that the safety of each occ upant shall not be compromised in any way.



### H. Privileges of this Exemption Outside the United States

Per § 11.81(h), Boeing requests that the privileges of this Exemption be extended outside of the United States. This extension of privileg es is necessary for ope rations based within foreign countries having bilateral agreements with the United States accepting FAA 14 CFR

Part 25 as their airworthiness standards for tr ansport category aircraft. The 777 is intended for the global market place.



### I. Summary to be Published in the Federal Register

PETITIONER : Boeing Commercial Airplanes

SECTION OF 14 CFR AFFECTED : 14 CFR 25.785(h)(2) Amendment 25-72 (777- 200/300), 25-88 (777-200LR/300ER)

DESCRIPTION OF RELIEF SOUGHT : To permit Boeing to install mini-suites in premium cabin zones without means for cabin attendants to view the seated minisuite occupants. The design and configura tion of the mini-suites and the installation in the airplane will be governed such that the safety of each occupant shall not be compromised in any way.