AFS-10-391-E Nov 19 2010

Exemption No. 8825B Regulatory Docket No. FAA-2000-7945

Ms. Lori M. Kingsley Supervisor, Flight Test Engineering The Boeing Company

P.O. Box 3707 Seattle, WA 98124-2207

Dear Ms. Kingsley:

This letter is to inform you that we have granted your petition to extend and amend Exemption No. 8825, as amended. It explains the basis for our decision and describes its

effect.

The Basis for Our Decision

By letter dated August 31, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of The Boeing Company (Boeing) for an extension of and amendment to Exemption No. 8825, as amended. That exemption from § 61.57(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) allows Boeing production and engineering flight test pilots to use any type of Boeing airplane simulator that represents any type of Boeing airplane to meet the takeoff and landing recent experience requireme nts of § 61.57 without Boeing holding a part 142 training center certificate.

In your petition, you request to amend the following conditions and limitations:

Proposed Revision to Condition and Limitation No. 1

Boeing proposes to revise condition and limitation No. 1 to expand the classification of Boeing pilots to which the exemption is applicable from Boeing “production and engineering test pilots” to include “all” Boeing pilots who meet the type rating criteria specified in

condition and limitation No. 1.2

Proposed Revision to Condition and Limitation Nos. 2 and 3

Boeing proposes to revise condition and limitation Nos. 2 and 3 to expand the classification of Boeing airplanes in which the requirements of 14 CFR § 61.57(a) and (b) may be met to include non-type certificated Boeing experimental airplanes that are in developmental or certification flight test programs.

The petitioner also states that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested extension and amendments would not set a precedent.

Our Decision

The FAA has determined that the requested amendments would not adversely affect safety because Boeing pilots are highly trained and are continuously involved in the development of procedures for the safe operation of all Boeing airplanes. Additionally, the recent experience requirement of condition No. 3 ensures that the pilots maintain a high state of proficiency.

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 Boeing Company is granted an exemption from 14 CFR § 61.57(a) and (b) to the extent necessary to allow Boeing production and engineering pilots to use any type of Boeing airplane simulator that represents any type of Boeing airplane to meet the takeoff and landing recent experience requirements of § 61.57 without Boeing holding a part 142 training center certificate, subject to the conditions and limitations listed

below.

Conditions and Limitations

1. This exemption applies only to Boeing pilots who hold a pilot certificate with a type rating in at least one model of Boeing-manufactured aircraft listed in Boeing aircraft type certificate data sheets A6WE, A16WE, A20WE, A2NM, A1NM, or T00001SE while engaging in flight operations in one of those airplanes on behalf of Boeing.

2. Each pilot in command (PIC) subject to this exemption meeting the requirements of § 61.57(a) or (b) in any type of Boeing airplane listed in Boeing aircraft type certificate data sheets A6WE, A16WE, A20WE, A2NM, A1NM, OR T00001SE, and Boeing Commercial Aircraft (BCA) experimental aircraft in developmental and certification flight test programs, will be considered to have met the requirements of § 61.57(a) and (b) for all those types of Boeing aircraft.3

3. Each PIC subject to this exemption may meet the requirements of § 61.57(a) and (b) in a simulator that represents any Boeing aircraft listed in Boeing aircraft type certificate data sheets A6WE, A16WE, A20WE, A2NM, A1NM, OR T00001SE, and BCA experimental aircraft in developmental and certification flight test programs, in which the person to serve as PIC, subject to the following:

a. Since the beginning of the preceding 12 calendar months, the pilot must complete the requirements of § 61.57 (a) or (b) in any type of Boeing airplane;

b. Since the beginning of the preceding 12 calendar months, the pilot must accomplish 100 hours of pilot time, 10 hours of which must be in any type of Boeing airplane; or

c. Since the beginning of the preceding 6 calendar months, the pilot must accomplish 50 hours of pilot time, 5 hours of which must be in any type of Boeing airplane;

d. The pilot must make three takeoffs and three landings to a full stop, subject to the following requirements:

i. The simulators used must be qualified and approved by the FAA for takeoff and landing maneuver;

ii. The takeoffs and landings must be accomplished under the supervision of a simulator instructor who certifies the pilot being observed is proficient in making takeoffs and landings; and

iii. The pilot must be the sole manipulator of the flight controls;

e. The takeoffs and landings must include at least one takeoff with a simulated failure of the most critical powerplant and at least one landing from an instrument landing system (ILS) approach to the lowest ILS minimums for which the pilot and airplane are authorized; and

f. The flight simulator’s visual system must be adjusted to display a visual scene representing the period between 1 hour after sunset until 1 hour before sunrise.

4. A copy of this exemption must be provided to each PIC who operates under the terms of this exemption.4

5. A copy of this exemption must be presented to representatives of the Administrator

upon request.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 8825, as amended, to January 31, 2013, unless sooner superseded or rescinded. This letter must be attached to, and is a part of, Exemption No. 8825.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards5

Project No.: AFS-10-391-E

Project Officer: _______________

ARM-101:KJones:10/01/10:Doc#30636 ARM-1/100/101:Program Office 800

Statistics: Boeing - FAA-2000-7945.DOC, 1,071 words
Original, 01 Oct 2010 15:26
Style Index 37 **Good** for a Legal Document
Average Sentence Length 40 **Good**

Passive Index 44 **Good**

MS LORI M KINGSLEY SUPERVISOR, FLIGHT TEST ENGINEERING

THE BOEING COMPANY

PO BOX 3707

SEATTLE WA 98124-2207