Petition for Extension of Limi tation from Exemption No. 10193

The Boeing Company

Douglas M. Lane, Director , Commercial Airplanes The Boeing Company

PO Box 3707 Seattle, Washington, 98124

Section(s) of the Regulations from which Relief is Sought:

Section 25.1535, as specified in Appendix K, § K25.1.4(a)(3) - Low-fuel alerting.

K25.1.4(a)(3) - An alert must be displayed to the flight crew when the quantity of fuel available to the engines falls below the level required to fl y to the destination. Th e alert must be given when there is enough fuel remaining to safely complete a diversion. This alert must account for abnormal fuel management or transfer between tanks, and possible loss of fuel. This paragraph does not apply to airplanes with a required flight engineer.

The Extent of Relief Sought and Reason(s) Regulation Requires: Relief is Necessary because:

Limitation from FAA Exemption No. 10193 Extension of time limitation established in FAA Exemption No. 10193 until January 14, 2015 A) The AIMS software updates needed to make Boeing 777 model airplanes compliant to K25.1.4(a)(3) will not be available to operators prior to expiration of Exemption No. 10193, as currently written. Late addition of product improvement functionality in the software update packages resulted in disagreement between the

certification schedule and the exemption period. B) Relief allows airlines currently operating greater than 180-minute ETOPS routes, and airlines pursuing greater than 180-minute ETOPS operational approval, to continue without interruption.

Description of Issue

Proposed Revision of Limitation

On January 11, 2011 FAA Time-Limited Exem ption No. 10193 was published allowing operators of the Boeing 777 airp lane to use it to its full capability to conduct their flight operations in the most fuel efficient manne r using ETOPS greater than 180 minutes. Theexemption required flight crews to conduct fuel monitoring procedur es for a time period of three (3) years until an automated low fuel monitoring feature could be installed and certified on the

777 in accordance with 14 Code of Federal Re gulations Part 25 Appendix K25.1.4(a)(3). The automated low fuel monitoring feature is being incorporated as part of a broader product improvement package to the 777’s Airplane In formation Management System (AIMS). The 777 AIMS product improvement package is taking long er than expected to develop, validate, and certify. The AIMS product improvement package will not be available prior to expiration of the time-limited exemption. To allow airlines to co ntinue to operate the 777 in the most fuel efficient manner while managing their fuel plan ning using flight crew procedures, Boeing is requesting an extension to FAA Exemption N o. 10193 for one additional year, until January 11,

2015.

Statement of Public Interest

Granting the continuance of the exemption allows the airlines to provide the benefits desired by the public of reduced ticket pri ces, reduced travel times, and reduced carbon footprint through more direct routes. Although ETO PS operations beyond 180-minutes are occurring at a slower rate than originally predicted, 777 operators are still interested in ETOPS greater than 180- minutes. Currently, an operator in the southern hemisphere is frequently dispatching on 240- minute routes with the 777-300ER airplane, with plans to expand these operations to their 777- 200 airplanes. Several other opera tors are in various stages of planning for eventually obtaining approval for ETOPS operations greater than 180 -minutes. ETOPS operations greater than 180- minutes does benefit the flying public, bot h economically and environmentally.

Statement of No Adverse Effect on Safety

The 777 has flown over 2.5 million ETOPS flights ove r the last 18 years. All of these ETOPS flights have been successfully c onducted with the exis ting flight deck instruments and flight crew monitoring and procedures. The fuel monitoring procedures requir ed during the exemption period, identified in the Airplane Flight Manual, have shown to be effective in increasing the flight crew’s awareness of fuel quantity wh ile operating beyond 180-minutes. Boeing proposes that these procedures remain in-place throughou t the extended exemption period, to mitigate the risk of having insufficient fuel to safely co mplete an ETOPS mission. By continuing to use the fuel monitoring procedure, an extension of the Exemption will not have a negative effect on safety.

Request to ‘Waive Publication and Comment’

The Boeing Company is requesting to waive pub lication and comment period since exemption No. 10193 already underwent public re view and comment, prior to publication. The extension of the exemption time limit is consistent with what was previously proposed in the public review and comment period and reposting of the exemp tion request would not serve any additional purpose. Previous comments to the request for ex emption encouraged FAA to continue to work with Boeing to develop a more aggressive schedu le. Boeing continues to work aggressively to develop, validate, and certify the automated low fuel monito ring feature and AIMS product improvement package.Privileges of the Exemption Outside the United States

Per 14 CFR 11.81(h), Boeing requests that the priv ileges of this exemption be extended outside the United States. This extension of privileges is necessary for opera tions based in foreign countries having bilateral agreem ents with the United States accepting FAA 14 CFR part 25 as

their airworthiness standards for transport category aircraft. The model 777 airplane is intended for the global market place.

Conclusion

The Boeing Company requests an additional year to implement the K25.1.4(a)(3) compliant low fuel alerting system, resulting in an exempti on termination date of January 11, 2015. The first half of this extension would be used to comp lete the certification of the AIMS-1 and AIMS-2 software updates. The remaining time on the extended exemption period would allow operators

a reasonable timeframe for inco rporating the required Service Bulletins without interrupting normal operations. Boeing will continue to inform the FAA of the status of the AIMS updates, on a quarterly basis, through the time-period of the exemption.

Summary to be Published in the Federal Register

PETITIONER : Boeing Commercial Airplanes

SECTION OF 14 CFR AFFECTED : 14 CFR 25.1535, Appendix K25.1.4(a)(3)

DESCRIPTION OF RELIEF SOUGHT : The Boeing Company, has requested additional compliance time until 11 Jan 2015 (an additional 1 calendar year) in order to fully develop, certify, and deploy to Operator s; the 14 CFR 25, K25.1.4(a)(3) Lo w Fuel Alerting software (and associated documentation updates) require d to support the beyond 180-min Type Design approval"