OCT-18-2013 14:50

\ FAA RENTON



### Exemption No: 10235A

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINlSTRATION 

### RENTON, WASHINGTON 98057·3356

In the matter ofthe petition of P.02/06

The 

### Boeing Company Regulatory Docket No. FAA-20tO-o990
for exemption from § 25.809(a) ofTitle 14, Code of Federal Regulations

GRANT OFEXEMPTION 

### By 

### letter RA-12-05201, 

### dated December 11,20121 Mr. 

### Douglas M. 

### Lane, ODA 

### Deputy Lead Administrator. The Boeing Company, P.O. Box 3707; Seattle, Washington 98124-2207, 

### petitioned to amend Exemption 

### No. t

### 0235 which pennits relieffor a limited number ofBoeing Model 787-8 series airplanes from Title 14, Code ofFederal Regulations (14 CFR) 25.809(a), as 

### amended 

### by Amendment 25-116. The 

### proposed exemption, 

### ifgranted, would 

### modify the 

### way the exemption is implemented into production.
The petitioner requests relieffrom the

### following regulations: 

### Section 25.809(a), at Amendment 25-116, requires 

### that each emergency exit be provided with a means to view conditions outside the airplane priorto opening an exit, under all 

### lighting conditions.
The petitioner supports its req11est with thefGilowing information: This section quotes the 

### relevantinformation from the petitioner's request. The complete petition is 

### available at the DepartmentofTransportation•s 

### Federal DocketManagement System, on the Internet at http://www.regulations.gov, in DocketNo, 

### FAA-2010-0990.**De~ription** ofIssue As

### discussed in Exemption

### No, 

### 10235, § 

### 25.809(a) at Amendment 

### 25-116 was a very late addition to the certification basis ofthe Model787-8. Since that addition occurred well after the 787-8 production line had already started, 

### the FAA 

### granted 1·elieffor aOCT-18-2013 14:50 FAA RENTON

limited 

### number ofairplanes to allow Boeing sufficient time to**develop~** certify and incorporate into production a new,**fully~ompliant** exterior lighting 

### system. The exemption grants relieffor all 787-8 airplanes delivered on or before December 31 t 2013. Boeing is C\llTently inthe process ofcertifyingthe new exterior lighting system. The 

### new system willbe 

### incorporated as part ofa

### 787-8 blockpoint change on an ail'plane that will be certified and delivered prior December 31, 2013. This**"and-on~·** incorporation ofa fully 

### compliant exterior lighting systemmeets the intent of Exemption No. 10235 since the blockpoint airplane will be fully-compliant with P.03/06

§ 25.809(a) at Amendment

### 25

..116. and 

### it is scheduled to be delivered to the airline customer priorto the end of2013. Therefore, onlythose airplanes built prior to line number 127 need relieffrom the 1'all lighting conditions" requirement in§ 25.809(a). As identified in Exemption No. 10235, all 787-9 airplanes will be fully compliant with §25.809(a) at Amendment 25-116.
Due to 

### unforeseen circumstances, some 

### ofthe early production 787-8 airplanes have their deliveries delayed until2014 or later. As discussed in Exemption No. 10235, the 787's complex system architecture and structural materials make it very challenging to incorporate a new integrated exterior lighting system into alreadybui1t ahframes. The FAA rc::cognized these challenges when it granted the temporary reliefneeded for the development, certification and an in-sequence production incorporation ofthe new exterior lighting system. While it was unforeseen that the delivery ofsome ofthe early production 787-8 airplanes would occur afterDecember 31, 2013, the rationale and justification for continued relieffor these airplanes is the same as 

### that: 

### pro-vided in Exemption No. 10235_ That is, it would create a 

### significant and unwarranted burden. and would lead to further delivery delays 

### ifthe early production airplanes that will be**~** .delivered after December 

### 31, 2013 are required to undergo the extensive rework needed to incorporate the new integrated exterior emergency lighting system. Therefore, Boeing requests thatthe exemption be amendedto provide relieffrom the ••atllighting conditions'" requirement for non-compliant 787-8 airplanes based on the blockpoint incorporation point instead ofbeing based ontheir individual delivery dates. Per the current production schedule, amending the original grant as is being requested herein will actually result in fewer airplanes entering service without the fully-compliant emergency lighting system than was originally envisioned when ExemptionNo. 10235
was granted.
StatementofPublic Interest The Model 787-8 1

### fully complies with§ 25.809 (a), except as related to the 

### ••an lighting conditions" requirement. Granting this petition for amendment is in the public's interest because it would allow the 787-8 airplanes that were designed and built without afully compliant exterior lighting system to be delivered without requiring the very significant rework 11ecessary to 

### incorporate the integrated lighting 

### system. Tltis is consistent with the intent ofthe reliefpermitted 

### by the original grant ofexemptionNo. 10235. Conversely, ifthis requested reliefis not granted, it would certainly lead to further delays in the deliveries ofthese early production**787~8**

2OCT-18-2013 14:51 FAA RENTON

airplanes due to the need for modifications associated with incorporating the new external lighting system. Since the 787-8 provides 

### many industry-leading operating economics, environmental improvements and safety improvements relative to previously certificated airplanes, it would be in the public's interest to allow the previously built 787-8 airplanes to enter service without further delivery delays.**Also~** given that many 787 customers are overseas, further delivery delays ofthe 787- 8 

### are not 

### in the interest ofthe public due to the potential negative impact to export sales andthe balance oftrade.


### Statement ofNo Adverse Effect on Safety The amendment being requested herein will not adversely affect safety. The original grant provided reliefto a limited number ofairplanes based on their de1ivery dates. Boeing is simply requesting that the applicability ofthe grant be revised to correspond to the block point change packagethat includes the new external lighting system. It is worthy ofnote that Boeing is notrequesting that additional airplanes be grantedreliefbeyond those 

### originally envisioned in

### the original grant. Requestto 'WaivePublication and 

### Comment' P.04/06

Boeingrequests to waive the requirement for publication and comment since there is no appreciable 

### change to the intent ofthe reliefpermitted 

### by Exemption No. 10235. As part ofa block point change, a f\llly compliant exterior lighting system will be implemented, certified and delivered on a 787-8 airplane priorto the end of2013, thus meeting the spirit ofExemption No. 10235. However, due to unforeseen circumstances; the delivery ofsome ofthe very early production airplanes (without the exterior lighting system) will be delayed to 2014 or later. The rationale 

### tor relieffor these 

### early production airplanes remains unchanged from that discussed in Exemption No. 10235. This petition for amendment simply requests that reliefbe allowed for airplanes manufactured prior to the block point change incorporation airplane, regardless oftheir acrual delivery dates. Privileges ofthe Exemption Outsidethe United States The privileges ofExemption No. 1 0235 outside the United States are unchanged by this petitionfor amendment.
Conclusion· Itis requested that. the f'M amend ExemptionNo. 10235 

### to specify that an exterior lighting system that is fully compliant with §25.809(a) at Amendment 25-116 be implemented as part ofablockpoint ("and-onn) change that is still to be certified and delivered priorto December 31, 2013. The relieffrom the '"all lighting conditions'' aspect of§ 25.809(a) applies to airplanes manufactured prior to the block point change and it will not apply to any airplanes manufactured afterthe blockpoint change. Boeing's request herein is consistent with the original intent to incorporate an "and on" production change priorto the end of2013. However, due to unforeseen circumstances with some ofthe earlyproduction airplanes. some airplane delivery dates are being delayed

## tar longer than previously planned. Therefore, for the reasons discussed above and for those in Exemption No. 10235, Boeingrequests tha:t the FAA grant relieffor all

3OCT-18-2013 14:51 FAA RENTON

aiiplanes manufactured priorto the block point incorporation ofa fully compliant exterior 

### Lighting system, regardless ofthe actual airplane delivery date. As described above, granting this petitionis in the**public~s** interest and itwill not adversely affect safety. 

### FederalRegisterpublication P.05/06

The FAA has determined that good cause exists for waiving the requirement for 

### FederalRegister publication because 

### any delay in acting on this petition would be detrimental to the petitioner, and granting the petition as requested would not 

### set a precedent.
The FAA's analysis
The FAA has reviewed the information provided 

### by Boeing and has concluded that grantingthis exemption is in the public interest for the reasons discussed below.
The existing exemption provides time for incorporation ofan external lighting system to comply with 

### the requirements of§ 25.809(a) during conditions ofdarkness. 

### In 

### granting the petition, 

### the FAA established a date, whereby the delivery of

### any airplane after that date would be required to comply with the rule. Implicit in this 

### gra11t was the assumption 

### that airplanes would be delivered more orless in sequence, and once incorporatedinto production, the necessary design features would be included on all airplanes delivered afterthat.
In this subsequent petition, Boeing has identified that a few earlyproduction airplanes might actually get delivered after the exemption compliance date. Since these airplanes were already presumed exempt, based on the tenns ofthe prior grant, requiring their compliance now, i.e., maintaining the current exemption provision, would impose design changes that were already 

### determined to be burdensome. 

### Thus, defining the exemption compliance date in terms 

### ofa 

### specific production 

### line**"and-on~'** 

### is consistent with 

### the original intent ofthe exemption. provided that production point is priorto the date jn the current exemption. When the first petition was received; theproduction incorporation was somewhat uncertain andtherefore a date was called out, with a rough idea ofthe number ofairplanes that would be affected. Now that the production incorporation is confirmed, and considering that the number ofairpla11es oovered by the exemption will actually be smaller than originally thought, this change to the exemption makes sense. The FAA has reviewed the il1fonnation provided by Boeing and finds that modifying the terms of the exemptionto specify aproduction line nwnber is acceptable. This takes into consideration the potential for out ofsequence deliveries andthe total number ofairplanes ultimately covered by the exemption. For the reasons discussed above, an exemption applicable to a limited nur:nber ofairplanes isjustified and in the public interest.

4OCT-18-2013 14:51 FAA RENTON P.06/06

TheFAA's decision In consideration ofthe foregoing. Ifmd that a grant ofexemption is inthe public interest.**Therefore~** 

### pursuantto the authority contained in 49 U.S.C. §§ 40113 

### and 44701, delegated to me bythe Administrator, The Boeing Company is hereby granted an exemption from §**25.809(a)~** to pennit relieffrom the requirements thatpassengeremergency exits have a means to view outside conditions under all lighting situations for the Boeing Model 787-8 series 

### airplanes, subject to the following limitations.
1. For each airplane covered 

### by 

### this exemption, outside viewing means at each passenger emergency e:xit must meet all ofthe requirements of§ 25.809(a) indaylight conditions.
2. This exemption does not apply to 

### any airplanes produced after line number 126.
3. This exemption is limited to 787-8 series airplanes only 

### MAY 012D13

# #~on Ali Bahrami 

### Manager. Transport Airplane Directorate Aircraft Certification Service

TOTAL P.06