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A. Name and Address of the Petitioner 

Doug Lane, Director, Regulatory Administration Deputy Lead Administrator 

The Boeing Company 

PO Box 3707 

Seattle, Washington, 98124 

B. Section of the Code of Federal Regulations (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 Boeing to install premium minisuite systems in a cabin of Boeing 777, similar to those 

installed by other manufacturers and certified by other 

government agencies, without means to provide a direct 

view of the seated occupants 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 providing the impression of privacy, 

are integral to this configuration. 

The proposed configurations will therefore not comply 

with guidance material provided for 14 CFR 25.785(h)(2) 

(contained in AC 25.785-1B, various issue papers, and 

letters) which requires a direct view of a specific 

percentage of seated occupants of these mini-suites. 

Description of relief sought: Boeing respectfully 

requests that the FAA grant an exemption for direct view 
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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 forth 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 importance. The placement of flight attendant seats 

to provide a direct view of the cabin area for which the flight attendant is responsible is 

considered of secondary importance. Of the 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 situation, it was suggested that 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 seat and torso restraint system installations) states the 

following definition of direct view: "direct view" means direct (line of sight) visual contact 

with cabin area/main aisle(s), which enables the flight attendant to be made aware of 

passenger needs relative to safety 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 flight 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 conspicuity 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 attendant aware of issues 

in the cabin”. 

Boeing asserts that the guidance associated with 14 CFR 25.785(h)(2) is prescriptive in 

nature requiring visibility of specific percentages of seated occupants without giving 

adequate consideration to inherent 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 reduces the probability and risk associated 

with those safety related events intended to be covered by the direct view regulation. 

 To the extent practical, flight attendant seats are placed at floor level exits and facing 

the cabin thus maintaining the ability to see the exits, main aisles, and cabin areas. 
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 Flight attendants performing cabin inspection, in preparation for taxi, takeoff and 

landing, to ensure passengers’ needs relative to safety are met. 

 Flight attendants ease of access to handsets 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 acknowledged 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 passengers. This represents a 63% reduction in 

the passenger count in that area. Historical methods of compliance 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 criterion accepts that 25 seated occupants may not be in direct view. 

Thus providing a cabin with maximum 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 increasingly received requests for premium cabin configurations 

that create the lower density, comfort and service levels of executive airplanes. As such, 

Boeing has done in-depth research of the associated 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 away 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 trending toward areas typical of 

executive aircrafts with limited number of occupants in a zone. Following the FAA 

considerations; 777 interior arrangements 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 arrangements provide a sufficient view into these 

premium cabin areas including a view of the majority of the aisles as well as the exits. 

Subsequent to the flight attendants cabin preparation for taxi, takeoff 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 positioned to meet the existing 

method of compliance for direct view of the more 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-suites, 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 relative to safety include but are not limited to: 

seats are in the upright position, tray tables/loose items/video monitors are stowed, and 
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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 attendants performing cabin inspections in preparation for taxi, 

takeoff and landing, to ensure these safety needs are met. Other passenger needs relative to 

safety, such as preparation for evacuation and donning of oxygen masks, are managed by 

flight attendants through use of verbal commands regardless of ability to see the passengers 

as well as relying on other passengers 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 communication between seated 

flight attendants.” As such, these handsets are available to flight attendants to address 

passengers when the flight attendants must remain seated and belted. 

Conditions, related to direct view, as pre-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 during taxi, takeoff and landing. 

3. The hold-open retention mechanism for the 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 there is an electrical 

or mechanical failure of the primary retention mechanism. The secondary retention 

mechanism will hold the doors open under 14 CFR 25.561(b) emergency landing 

conditions. 

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

to ensure the mini-suite doors are in the 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 electrically 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 doors this could be a deactivation switch for the door(s) 

closing mechanism. 

b. For mechanical doors this could be a latching mechanism that cannot be easily 

activated by a seated, belted occupant of the mini-suite. 

The cabin configuration related to the mini-suites and direct view shall 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) 
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1. A maximum of 18 mini-suites will be installed in a 777 cabin interior 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-suites2

. Aisle 

viewing will use the following criteria: 

a. The aisle is considered to extend from the forward edge of the first mini-suite 

entrance to the aft edge of the 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 5th percentile female 

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

d. Head movement of the flight attendant is limited to remain on the headrest 

with peripheral vision of 180 degrees 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-suite module entrance areas are visible. An 

entrance area is considered visible, if a person 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/entrance 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 installed in accordance with 14 CFR 25.1423(g) 

and primarily located at the seats placarded 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 communication between seated flight attendants. 

The procedures related to mini-suites and direct view: 

The operator will assign a duty to the additional attendant (above the minimum required 

by the applicable operating rules as required 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 occupant’s needs relative to safety are met. 

This duty will be captured as an AFM limitation for each airplane with mini-suites 

installed.

E. Statement of Public Interest 

Sale of Boeing commercial airplanes greatly contribute to the balance-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 captured 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 provide the traveling public with 

a very high level of comfort, care, and the impression of privacy. The ability to install minisuites without means to view the seated occupants 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) amendment 88 assist space dimension AC 25-17A section 419 paragraph (8) 
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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, without means to view the seated occupants, in 

777 premium cabins significantly improves its marketability, 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 providing 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 government agencies, with premium cabins 

configured with mini-suites without means to view 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 fleet 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 thus reducing the balance-of-trade, the gross 

domestic product and economic health of the United States, 

 creating an unfair competitive advantage to foreign aircraft manufacturers in this 

market. 

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

their revenue and reduce their operating costs. 

A majority of the flying public will see benefit 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 needs of these premium class passengers can be 

met. One of the most popular configurations requested 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 conventional seat solutions, allowing the opportunity to 

further reduce the cost of economy class travel. [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 operating 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 airplane 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 introduced when procedures vary substantially for 
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similar products. For the reasons noted above, it is the petitioner’s opinion that the overall 

level of safety is improved which is in the public’s best interest. 

Further, operating costs are kept down when weight is reduced and designs are simplified. 

Compliance with direct view in the mini-suites would require design changes such as the 

installation of camera(s) and monitor(s), or providing viewing windows into the mini-suites. 

Cameras/monitors and viewing windows add weight, 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 interest. It is, however, in the public interest to have the flight 

attendant focused on each passenger in the mini-suite during the cabin preparation for taxi, 

take-off and landing, rather than changing the 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, takeoff 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 facilitate viewing specific percentages of seated occupants, 

when already viewed during the typical cabin preparation for taxi, take-off and landing, is 

not in the public interest. 

In summary, allowing mini-suites to be installed in 777s without means to view the seated 

occupants will level the competitive field, and open a larger and more profitable market to 

the Boeing company and its customers. Granting 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 welfare of residents, employment and improved tax revenues of 

Washington State in particular. In addition, 777s with mini-suites without means to view 

the seated occupants improves operators’ economic 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 conditions 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 also 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 procedures across their fleet, each 

operator ensures safety of all occupants. 
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Further, additional systems, procedures, and personnel employed for mini-suite 

configurations described in section D above will 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 flight attendant, above the minimum required by the 

applicable operating rules, will have the additional (AFM limitation) responsibility to 

perform a cabin inspection in the mini-suite zone in preparation for taxi, takeoff and landing, 

to ensure the mini-suite occupant’s needs relative to safety are met. This additional flight 

attendant can continue to monitor 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 from a flight attendant seated 

and belted position does not inherently increase safety as the flight attendant in most cases 

cannot get up to help the passenger. Relying on the cabin procedures and handsets for 

communication if, for example, a passenger has moved 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 when 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 have 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 direct view of the seated occupants 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 attendant 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 preparation for taxi, takeoff and landing, it could be 

communicated by voice due to the close proximity. 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 entire product excluding the mini-suites when 

consideration is given to the existing methods of compliance that do not require 100% 

visibility of seated occupants. 

An acceptable level of safety is provided for the airplane considering familiarity of the flight 

attendants with the specific airplane and it’s interior configuration, 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 Commercial Airplanes requests exemption from 

14 CFR 25.785(h)(2), Amendment 25-72 and 25-88 direct view in zones where mini-suites 
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are installed. This request supports the installation of mini-suite seating 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 occupant 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 privileges is necessary for operations based within 

foreign countries having bilateral agreements with the United States accepting FAA 14 CFR 

Part 25 as their airworthiness standards for transport 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 configuration 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.