UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the petition of 

Exemption No. 11068 

The Boeing Company Regulatory Docket No. FAA-2014-0091 

for an exemption from§§ 25.777(a); 

25.1301(a),(b), and (d); and 25.1309(a) and (c) 

of Title 14, Code of Federal Regulations 

GRANT OF EXEMPTION 

By letter no. RA-14-00771 , dated February 28, 2014, Mr. Douglas M. Lane, ODA Deputy Lead 

Administrator, The Boeing Company, P.O. Box 3707 MC 03-56, Seattle, WA 98124, petitioned 

for an exemption from the requirements of§§ 25.777(a); 25.130l(a),(b), and (d); and 25.1309(a) 

and (c) at Amendment 25-46 of Title 14, Code of Federal Regulations (14 CFR), to permit relief 

from the requirements to minimize crew confusion regarding the location, inadvertent operation, 

functionality, labeling, and design of certain flight-deck controls, buttons, and switches on 

Boeing Model 767-2C airplanes. 

The petitioner requests relief from the following regulations: 

Section 25.777(a) at Amendment 25-46 - requires that each cockpit control must be 

located to prevent confusion and inadvertent operation. 

Section 25.130l(a) at Amendment 25-0 - requires that each item of installed 

equipment must be of a kind and design appropriate to its intended function . 

Section 25.130l(b) at Amendment 25-0 - requires that each item of installed 

equipment must be labeled as to its operating limitations. 

Section 25.130l(d) at Amendment 25-0 - requires that each item of installed 

equipment must function properly when installed. 

Section 25.1309(a) at Amendment 25-41 -requires that required equipment must 

perform intended function under any foreseeable operating condition. 
Section 25.1309(c) at Amendment 25-41 - requires that controls must be designed to 

mmimize crew errors. 

The petitioner supports their request with the following information. 

This section summarizes and quotes, in pertinent part, the relevant information from the 

petitioner's request, with minor edits for clarity. The complete petition is available at the 

Department of Transportation's Federal Docket Management System, on the Internet at 

http://re!.!.ulations.gov, in docket no. FAA-2014-0091. 

Boeing is developing a commercial derivative of the 767-200 (i.e., the 767-2C) that 

provides increased capabilities such as Maximum Takeoff Weight (MTOW), upgraded 

flight deck, etc. The first 767-2C customer plans to have certain additional features, 

capabilities, and equipment installed after the amended type certificate (ATC) is granted. 

These modifications will be installed via an FAA-approved supplemental type certificate 

(STC). 

Certain switches, equipment, and components are proposed to be included as part of the 

A TC project that will support the subsequent STC installation. However, the 

components' installation results in some non-compliances with the aforementioned 

regulations. The overall cost of manufacturing the airplane can be reduced, and potential 

enors avoided, if these switches, equipment, and components are included as part of the 

767-2C manufacturing process, rather than reworking the airplane to install them postATC. 

This exemption is limited to the 767-2C ATC configuration with the following design 

features: 

STC provisioned operational switches that can be set to a position that would result in a 

non-compliant condition: 

• six-position rotary switch 

• continuously variable switch 

• on-off push button switch 

STC provisioned non-operational switches: 

• on-off push button switch 

• continuously variable 

• guarded toggle switch 

• three-position rotary switch 

The installation of these switches causes a short-term noncompliance that will be resolved 

by the installation of the STC. At the completion of the STC project, the switches will 

enable additional customer-specific functionality, and the inoperative switches will meet 

all applicable FAA requirements. Full compliance will be demonstrated for the STC, and 

this exemption will no longer be applicable to the airplane in the final configuration. 

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Switches with Additional Customer Specific Functionality 

Six Position Rotary Switch 

In support of the STC project, a six-position rotary switch will be provided. Position 1 is 

compliant with all applicable FAA regulations, and compliance will be demonstrated for 

A TC. Positions 2-6 do not meet FAA requirements. 

Continuously Variable Switch 

In supp011 of the STC project, a continuously variable Switch will be made functional on 

the A TC project. In the MAX position, this item will be compliant to all applicable FAA 

regulations, and compliance will be demonstrated for A TC. When the switch is not in the 

MAX position, the functionality controlled by the switch does not meet the FAA 

requirements. 

On-Off Pushbutton Switch 

In support of the STC project, an on-off pushbutton switch will be included on the ATC 

project. When the switch is OFF, all associated functionality operates normally. 

Compliance to all applicable regulations will be demonstrated for ATC with the 

pushbutton in the OFF position. When the switch is in the ON position, the functionality 

does not meet FAA requirements. The pilots will receive an engine-indicating-and-crewalerting system (EICAS) Memo message when the on-off pushbutton is in the 'ON' 

position which provides additional awareness of the selected switch position. 

Inoperative Switches 

In support of the STC project, guarded toggle, three-position rotary, on-off push button, 

and continuously variable switches will be added to the A TC flight deck. For A TC, these 

switches will not be functional. "Inoperative" (rNOP) placards will be added to provide 

the pilot with an awareness that the switches are non-functional. 

Public Interest 

Boeing argues that deferring the design, installation, and testing of the systems supported by the 

aforementioned switches until after the 767-2C is built and certified would result in the total 

program cost being unnecessarily higher than needed. 

A more economical option is to provision the 767-2C with such systems and equipment to the 

extent allowed by the FAA. As previously mentioned, when modified by the STC, the airplane 

will comply with all FAA requirements. The extra cost of making the interim state compliant 

provides no net benefit in the configuration and no commensurate increase in safety. 

This interim-state airplane will always be under the control of the Original Equipment 

Manufacturer (OEM), and as such, the provisions of this exemption are proposed to apply only to 

the airplane under the control of The Boeing Company. 

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In the absence of an FAA grant of exemption in this case, significant modifications to all 767-2C 

airplanes would be required after delivery from the Everett, Washington factory, thus incurring 

additional and unnecessary costs. These additional modifications also expose each airplane to the 

possibility of introducing Foreign Object Debris (FOD) or unintentional damage to wiring that 

could reduce the overall safety and reliability of the airplane. Therefore, it is in the public interest 

to facilitate The Boeing Company decision to employ the more-efficient design, production, and 

certification processes on the 767-2C Program. 

Statement of No Adverse Effect on Safety 

This exemption is limited to 767-2C ATC configuration with the following design 

features: 

STC-provisioned operational switches that can be set to a position that would result in a 

non-compliant condition: 

• six-position rotary switch 

• continuously variable switch 

• on-off push button switch 

STC-provisioned non-operational switches: 

• on-otT push button switch 

• continuously variable switch 

• guarded toggle switch 

• three-position rotary switch 

The airplanes will be operated by Boeing pilots who are thoroughly familiar with these 

specific features for the short-term purpose of preparing them for the final configuration. 

The inoperative provisions subject to this exemption are installed to support the followon modification by the STC. The functions to be provided by these provisions are not 

required for civil operation. Therefore, the inoperative nature of these functions has no 

effect on the airworthiness of the airplane. 

Airplane functionality will be set procedurally by the airplane flight manual (AFM), in a 

fully compliant state throughout all flights subject to this exemption. If the provisioned 

functionality is inadvertently put into a non-compliant position, the highest failure effect 

classification for the 767-2C airplane is minor for the A TC. The inoperative provisions 

subject to this exemption are installed to support the follow-on modification by the STC. 

If incorrectly set, there would be no impact on airplane operation. 

Boeing is provisioning the 767-2C ATC type design with flight deck functionality and 

switches which support the 767-2C STC. Boeing will provide AFM limitations and INOP 

placards, where necessary, for the ATC. The STC will complete the certification of the 

above listed switches in a configuration that will comply with all applicable FAA 

regulations. As such, Boeing requests relief for the aforementioned regulations to obtain 

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certification of the 767-2C type design provided the airplane remain under the ownership 

of The Boeing Company. 

Federal Register publication 

A summary of the petition was published in the Federal Register on April4, 2014 [79 FR 

1894 7]. No comments were received. 

The FAA's analysis 

The requirements of§§ 25.777(a); 25.1301(a),(b), and (d); and 25.1309(a) and (c) at Amendment 

25-46, from which Boeing seeks relief, are primarily intended to prevent flightcrew confusion, 

inadvertent system operation, and flightcrew errors. The petitioner intends that this relief would 

only apply to Model 767-2C airplanes while they remain under the petitioner's possession and 

operation, until the provisions of an approved STC are implemented and the airplanes are 

returned to a fully compliant configuration. Hence, the airplanes would not be used in service by 

non-Boeing personnel. 

During this temporary period, the FAA considers it very unlikely that Boeing pilots, who are 

thoroughly familiar with the status and configuration of the switches and buttons, would 

experience crew confusion, inadvertent system operation, and crew errors, which the rules are 

intended to prevent. Furthermore, no inadvertent switch position, on-off button selection, or 

toggle-switch position could result in unsafe system behavior. 

The FAA believes that, under these conditions, the additional costs of assembling the 767-2C in 

a fully compliant A TC configuration (i.e., without exemption), and then modifying the airplanes 

under the provisions of the approved STC, provides no safety benefit, but would instead incur 

considerable and mmecessary expense for the petitioner. 

If the 767-2C ATC configuration without the STC modifications were to be delivered to and 

operated by non-Boeing personnel, it is more likely, over the long term, that inadvertent switch 

and button selections would occur. While such crew errors are unlikely to directly create unsafe 

system behavior, they are likely to contribute to undue crew confusion, distraction and workload 

that the regulations are intended to prevent. Therefore, it is essential that no 767-2C be delivered 

and operated by non-Boeing pilots in the A TC configuration without the STC modifications 

installed. 

As Boeing has proposed, appropriate flight-deck placards and AFM limitations must be part of 

the ATC configuration until the approved STC modifications are installed. 

The FAA's decision 

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

not adversely affect the level of safety provided by the regulations. Therefore, pursuant to the 

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authority contained in 49 U.S.C. 40113 and 44701 , delegated to me by the Administrator, I grant 

petition ofThe Boeing Company for an exemption from 25.777(a); 25.1301(a),(b), and (d); and 

25.1309(a) and (c) at Amendment 25-46 of Title 14, Code of Federal Regulations (14 CFR), to 

permit relief from the requirements to minimize crew confusion regarding the location, 

inadvertent operation, functionality, labeling, and design of certain flight-deck controls, buttons, 

and switches on Boeing Model 767-2C airplanes, with the following conditions and limitations: 

I. Placards must be installed to identify inoperative switches and to state that only Boeing 

company pilots may operate the airplane. 

2. The AFM Normal Procedures must address the functionality and proper use of the noncomplaint flight deck controls, buttons, and switches to provide pilot understanding of the 

functionality of the non-complaint flight deck controls, buttons, and switches, and to 

prevent misuse of them. 

3. The following limitation must be included in the airplane flight manual (AFM) for Model 

767-2C series airplanes until modified by the STC: 

Only Boeing company pilots may operate this airplane. 

Issued in Renton, Washington, on SEP 1 9 2014 ft+i-r £. CL---. 

Jefirey E. Duven 

Manager, Transport Airplane Directorate 

Aircraft Certification Service 

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