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PT/"'"inM 

Exemption No. 10061 

UNITED STATES OF ANIERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON. DC 20591 

In the matter of the petition of 

THE BOEING COMPANY 

for an exemption from §§ 6L75(d)(2) 

and 61.117 of Title 14. Code of 

Federal Regulations 

Regulatory Docket No. FAA-2010-01S5" 

GRANT OF EXEMPTION 

By letter dated Januaiy 28, 2010, Lori M. Kingsley, Supervisor Flight Test engineering. 

The Boeing Company (Boeing), P.O. Box 3707, Seattle. WA 98124 petitioned the Federal 

Aviation Administration (FAA) on behalf of Boeing for an exemption from § 61.77(a)(l) of 

Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would 

allow non-United States (U.S.) citizens, to obtain a Special Piupose Pilot Atithorization in 

order to allow them to act as a required pilot flight crcwmember in Boeijig models B787. and 

B747-8 aircraft while conducting evaluation flights on behalf of their respective Civil 

Aviation Authorities (CAA) within ihc United Slate.s. 

The petitioner requests relief from the following regulation: 

Section 61.77(a)(1) prescribes that: 

Special purpose pilot authorization: Operation of a civil aircraft of the United State.<; 

and leased by a non-U.S. citizen the holder of a foreign pilot hcense i.ssued by a 

contracting State to the Convention on Inteniational Civil Aviation who meets the 

requirements of this section may be issued a special pui-posc pilot aulhori^.ation by the 

Admini-rtrator for the purpose of performing pilot duties on a civil aircraft of If-S. 

registry that is lea.sed to a person who is not a citizen of the United States, 

The petitioner supports its request with the following information: 

AFS-10-157-E 
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The Boeing Company, a manufaciurer of transport category civil aircraft, is seeking an 

exemption from § 61.77(a)(1) so that pilots holding pilot licenses issued by foreign 

ail-worthiness authorities may participate in flights on U.S.-registered civil aircraft that ai-c 

owned and operated by Boeing. Depending on the configuration of the airplane and the 

purpose of the flight being conducted, flights may be flown with the airplane carrying one of 

two types of special airworthiness certificate: 

1, A Special Flight Permit for the purpose of production flight testing and cu.stomer 

demonstrations; and 

2. Experimental for the purpose of Market Survey. 

Boeing believes that a grant of exemption will benefit the public. An exemption will enhance 

Boeing-s ability to demonstrate, market and obtain airworlhincsB authority approval of its 

product. In addition, a grant of exemption has the potential to favorably affect the balance of 

trade for the United States through increased sales to foreign operators. 

The petitioner believes that a grant of exemption would not adver-sely affect the level of 

safety. Boeing states that the pilots will be required to hold a transport pilofs license and 

clasis I medical certificate issued by the airworthiness authority of each pilot's country. Those 

pilots will also be required to provide evidence of appropriate flight and ground instruction 

and recent flight experience. 

The FAA has determined tliat good cause exists for waiving the requirement for Federal 

Register publication. The FAA has published a summary for petition for exemption that is 

similar in all material respects to that presented in yotir petition (76 FR 536). No comments 

were received. 

The FAA'S analy.sis is as follows: 

The FAA has considered fully the petitioner's request and finds that a grant of exemption 

would be in the public interest and would provide a level of safely equivalent to the ciin-ent 

regulations. 

All of the pilots listed possess an airline transport pilot license granted by an Internationa] 

Civil Aviation Organization member state. Also, Boeing employees holding a U.S. pilot 

certificate will act as pilot in command during all flights on which the listed foreign pilots will 

be acting as a crevvmember. As a member of the evaluation team, tliey will receive ground 

training prior to flight. The FAA believes tlmt the petitioner has sufficiently demonstrated 

that granting an exemption would not adversely affect safety. 

Tliough Boeing is requesting relief from § 61.77(a)(1), the scope of relief that must be granted 

in substantialiy broader as it actually includes most of § 61.77. Therefore, the FAA must 

consider the broader implications. 

The FAA notes that there are legal issues that would proliibit the issuance of a Special 

Purpose Pilot Authorisation for the purposed exempted use of U.S. registered aircraft for 
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evaluation flights within the U.S. That said, the FAA wili grant the pilots relief from certain 

provisions of § 61.75 and issue Uiera a private pilot certificate without the requirement to 

comply witli tlie knowledge test requirements of § 61.75(d)(2) based on their CAA license. 

This approach would address tlie problematic legal issues .surrounding relief from § 61.77 and 

allow the conduct of the evaluation flights. 

The I-'AA also notes that the pilots will receive compensation to provide their respective 

agencies a report on the aircraft that will be tested. It is the FAA's intent to limit the 

privileges to second in command (SIC) privileges as provided in § 61.75(e)(2). For the 

purposes of evaluation participation, acting as a crewniember Is incidental to the required 

tasks. Therefore, since the foreign pilots are indirectly receiving compensation to fly the 

aircraft, the FAA has determined it is appropriate to gram relief from § 61.117, which 

specifies private pilot limitations while acting as second in command of an aircraft that 

requires more than one pilot. 

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 pilots listed in condition 1 are granted an excmptitm from 

14 CFR § § 61.75(d)(2) and 61.117 to the extent necessary to allow them to operate Boeing 

models B787 and B747-8 aircraft while conducting evaluation flights on behalf of their 

respective agencies within the U'.S., subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. This exemption is limited to the following persons: 

Name 

Sun, Chang Hua 

Wu, Cheng Chang 

Fabre, Francois 

Temrae, Gerard 

Grilber, Stuart 

Mitchell, Rod 

Nicholl, .Tohn 

Pass, Graham 

Shaw, Peter 

Ebiike. Akio 

Kumada, Takuya 

Agency 

CAAC 

CAAC 

EASA 

EASA 

EASA 

EASA 

EASA 

EASA 

EASA 

JCAB 

JCAB 

Licensing Country 

China 

China 

France 

Netherlands 1 

UK 1 

U-K 

UK 

UK 

UK 

Japan i 

.lapan ] 

The flight must be for aircraft flight test Flight Standards Board or Fliglit Operations 

Evakiaiian Board, cvajuation flights of Boeing models B787 or B747-8. 
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."?. No person or property may be on board the aircraft, other than necessary for conduct 

of the flight. 

4, Each person listed in Condition No. 1 must make application for a private pilot 

certificate in accordance with § 61.75. .Any person authorized to issue a § 61.75 

private pilot certificate may place an instrument rating on the certificate without tlie 

knowledge lest required by § 61.75(d)(2). Any person authorized to issue a § 61.75 

private pilot certificate must state the certificate is for SIC privileges only under the 

authority of §61.75(c)(2). 

This exemption terminates on May 31, 2012 unless sooner superseded or rescinded. 

Issued in Washington, DC, on ^p^ () 7 2010 

Jetti M, Allen 

Director, Flight Standards Service