~O.EING 

9R-TE-BBXA-BRB-14-0640 

October 2, 2014 

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey A venue, SE 

West Building Ground Floor 

Room Wl2-140 

Washington, DC 20590 

Attention: Federal Aviation Administration 

Director, Flight Standards Service, AFS-1 

The Boeing Company 

P.O. Box 3707 

Seattle, WA 98124-2207 

Subject: Petition for Revision to Exemption to the Requirements of 14 CFR Sections 

61.75(d)(2) and 61.117 

Reference: (a) Exemption No. 10871, Regulatory Docket No. FAA-2013-0221, 14 CFR 

Sections 61.75(d)(2) & 61.117, dated September 19,2013. 

(b) Exemption No. 10871A, Regulatory Docket No. FAA-2013-0221, 14 CFR 

Sections 61.75(d)(2) & 61.117, dated September 30,2013. (Enclosure 1) 

The Boeing Company was granted the Reference (a) exemption to 14 CFR Sects. 61.75(d)(2) and 

61.117, permitting foreign-licensed pilots to obtain a FAA Private Pilot certificate to enable their 

participation as Second in Command (SIC) pilot flight crewmembers on U.S.-registered Boeing 

aircraft models 737, 747, 757, 767, 777 and 787, and derivatives thereof, owned and operated by 

The Boeing Company. Shortly after issuance, the Reference (a) exemption was revised, at Boeing's 

request, to increase the number of persons who may be on board airplanes operated under the 

Conditions and Limitations of the exemption beyond a Boeing pilot and foreign-licensed SIC. 

Condition and Limitation No. 10 of the Reference (b) exemption reflects that revision to include 

Boeing and Foreign Civil Aviation Authority (FCAA) Test Directors, Flight Test Engineers and 

engineers as necessary to answer questions related to airplane and systems operation 

With this letter, Boeing is petitioning the FAA for issuance of a revision to the Reference (b) 

exemption that would: 

I. Maintain the general "demonstration flight" terminology of Condition and Limitation No. l 

throughout all Conditions and Limitations to permit foreign pilots of non-customer organizations 

to act as Second-in-Command pilot flight crewmembers. 
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2. Expand the definition of "customer" pilots in Condition and Limitation No. 8(a) to include 

"existing customer" pilots in addition to potential customer pilots and add foreign pilots 

representing qualified aviation entities such as aviation press and pilot organizations [e.g., Flight 

Magazine, International Federation of Airline Pilots Association (IF ALP A)]. 

3. Modify Condition and Limitation No. 10 to: (a) Add customer engineers and representatives, 

and (b) Persons supporting demonstrations to foreign pilots representing qualified aviation 

entities, and (c) Non-engineering Boeing personnel required to support demonstration flights, to 

the list of persons that are in addition to the flight deck crewmembers who may be on flights 

operated with a foreign-licensed SIC pilot who obtained a FAA Private Pilot certificate under 

the provisions of the exemption. 

4. Implement minor editorial changes to standardize terminology and references. 

Details of, and justification for, the requested changes are presented in the following paragraphs. 

Proposed implementation of the requested changes is also presented in an edited set of Conditions 

and Limitations presented as Enclosure 2. 

Demonstration Flight Terminology 

Boeing requests that the "demonstration flight" terminology of Condition and Limitation No. I be 

used in all the Conditions and Limitations of Exemption I 0871. Condition and Limitation Nos. 2, 5 

and 5( c) of the Reference (b) exemption use the more restrictive term "sales demonstration" flights. 

Sales demonstration flights are only one type of "demonstration" flight that Boeing conducts 

involving foreign pilots- Boeing often conducts demonstration flights of aircraft with pilots 

representing aviation-oriented magazines and foreign pilot organizations. The current wording of 

Condition and Limitation Nos. 2, 5 and 5(c) does not provide an allowance to apply the relief 

provided by the exemption to foreign pilots for such demonstration flights, thus potentially 

prohibiting Boeing from receiving the benefits of their expert assessment of its products. As part of 

the justification for this expansion to cover all demonstration flights, Boeing notes that all foreign 

pilots that will operate Boeing airplanes in any type of demonstration flight are expected to meet the 

same training and experience requirements. Demonstration flights of new aircraft and new aircraft 

systems to aviation press and technical expert pilots is an integral part of Boeing's business model 

leading to increased sales that form a positive contribution to maintaining the United States' foreign 

trade balance. 

See Enclosure 2 for implementation of the proposed rewording of Condition and Limitation Nos. 2, 

5 and 5(c). 
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Condition and Limitation No. S(a)- Eligible Foreign Pilots 

Page 3 of6 

Condition and Limitation No. 8(a) refers to "a legitimate potential purchaser of the type aircraft 

being flown," wording that not only limits demonstration flights to "customer" only demonstration 

flights but also prevents the carriage of existing customer pilots on demonstration flights. Boeing 

requests that the existing "legitimate potential purchaser" wording of Condition and Limitation No. 

8(a) be expanded to include "legitimate purchaser" as it is sometimes necessary to carry personnel 

from an existing customer on a flight to evaluate a customer issue or remedy to that issue. 

For the reasons noted in the "Demonstration Flight Terminology" section, Boeing also requests 

Condition and Limitation 8(a) be revised to include "a pilot representing a qualified aviation entity 

(e.g., aviation press, pilot organization)" to permit Boeing to receive the benefits of external expert 

assessments of its products. 

See Enclosure 2 for implementation of the proposed rewording of Condition and Limitation No. 

8(a). 

Condition and Limitation No. 10 

Condition and Limitation No. 10 of the Reference (b) exemption identifies the non-crewmember 

personnel who may be onboard the airplane during operations conducted with a Second-inCommand pilot authorized under the exemption. As written it does not include provisions for: (a) 

Customer engineers and representatives, (b) Persons and property that may support demonstration 

flights to pilots representing qualified aviation press or foreign pilot organizations, and (c) Nonengineering Boeing personnel required to support demonstration flights. To resolve these 

omissions, Boeing proposes addition of the following three sub-paragraphs to Condition and 

Limitation No. 10. 

Boeing proposes adding a new sub-paragraph IO(d) that uses wording similar to the existing (and 

proposed modification to) Condition and Limitation No. 8(a), to read: "Engineers and 

representatives of a legitimate purchaser or potential purchaser of the aircraft model being flown." 

The addition of this allowance will permit carriage of customer and potential customer personnel 

who are part of the team that will contribute to the assessment of an airplane and its systems (e.g., 

corporate executives, managers, sales agents, operational personnel, etc.). 

Boeing proposes adding a new sub-paragraph IO(e) to include persons and property supporting 

demonstrations being conducted by a foreign pilot representing a qualified aviation entity, as 

proposed to be defined in Condition and Limitation No. 8(a). These pilots may be accompanied by 

photographers, with their equipment, and other technical experts who may be required to assist in 

documenting a demonstration flight of this nature. 

Boeing proposes adding a new sub-paragraph 1 O(f) to include Boeing non-engineering personnel 

required to support demonstration and FCAA evaluation flights, to include, but not limited to, 
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persons related to aircraft sales, public relations, technical photographers and interpreters - these 

people are considered to be an integral part of representing The Boeing Company during a 

demonstration flight and may also be required to assist with FCAA evaluation flights. 

In proposing the expansion of the persons and property who may be on an airplane operated by a 

foreign-licensed SIC pilot authorized to obtain a FAA Private Pilot certificate in accordance with 

Exemption l 0871, Boeing would like to emphasize that it has procedures in place that require 

Boeing to determine that any person on any individual flight, operated under a Special 

Airworthiness Certificates in the category Experimental, is required for the purpose of that flight -

this requirement will serve to limit the number of persons on board the airplane during such flights. 

Boeing believes this internal requirement provides the type of limitation on persons who may be 

onboard the airplane, during operations conducted under this exemption, that was intended by the 

FAA's Conditions and Limitations, as presented in the Reference (b) exemption, while still 

permitting Boeing to conduct its business in a productive manner. 

See Enclosure 2 for implementation of the proposed rewording of Condition and Limitation No. l 0. 

Proposed Editorial Changes 

Boeing recommends editorial changes be made to clarify the wording of and standardize the 

references in the following Conditions and Limitations of the Reference (b) exemption: 

I. Add "Foreign Civil Aviation Authority (FCAA)" in front of "evaluation flights" to make a clear 

distinction between "demonstration" and "evaluation" flights. This is consistent with the 

wording of Condition and Limitation No. 5( c) of the Reference (b) exemption. 

2. In the third row, change "condition 4" to read "Condition/Limitation No. 4" - this is consistent 

with the terminology used in Condition and Limitation No. 4 of the Reference (b) exemption 

and is proposed to be used throughout the following Conditions and Limitations. Per the 

discussion in the "Demonstration Flight Terminology" section of this letter, change "on a sales 

demonstration flight" to read "on a demonstration flight or FCAA evaluation flight," which 

will also be consistent with the recommended change to Condition and Limitation No. l. 

3. No changes recommended. 

4. Replace the"§" with "14 CFR Sect." in four places- Boeing believes this is the current 

preferred regulatory reference format, which is also partially used in Condition and Limitation 

No. 8(d) of the Reference (b) exemption. In the second sentence, change "may place an 

instrument rating on the certificate without the knowledge test" to read "may place an 

instrument rating on the certificate without requiring the foreign pilot to take the knowledge 

test," the bold text added to more clearly state the intent. Change "10871 A" to "10871 B." 
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5. Per the discussion in the "Demonstration Flight Terminology" section of this letter, change 

"flights for sales demonstration purposes" to read "flights for the purpose of aircraft 

demonstration or FCAA evaluation." Similarly, in sub-paragraph 5(c), change "for the 

purpose of sales demonstration and flight evaluations conducted by a foreign civil aviation 

authority" to read "for the purpose of demonstration and flight evaluations conducted by a 

FCAA." 

6. Change "using this privileges" to "using the privileges" to be grammatically correct. 

7. No changes recommended. 

8. Per the discussion in the "Demonstration Flight Terminology" section of this letter, in subparagraph 8(a), change "legitimate potential purchaser of the type aircraft being flown" to read 

"legitimate purchaser or potential purchaser of the aircraft model being flown"- use of the 

word "model" in lieu of "type" is also consistent with the exemption applicability statement in 

Condition and Limitation No. 1. 

In Condition and Limitation No. 8(c)- Add the word "Hold" at the beginning to grammatically 

follow the introductory wording in Para. 8. Add "Condition/Limitation No." in front of "8(b) to 

standardize on the format used in Condition and Limitation No. 9 of the Reference (b) 

exemption. Change "in the English language, or must be accompanied by documentation in the 

English language translating" to read "in the English language, or equivalent certificates in the 

language of the issuing FCAA accompanied by documentation in the English language 

translating" - additional wording more clearly identifies what is being translated. Add the word 

"and" to connect with the last sub-paragraph. 

In Condition and Limitation No. 8(d)- Minor editorial changes for standardization. 

9. In Condition and Limitation No.9- minor editorial change to add "No." in front of "10" to 

standardize reference format. 

10. In the introductory wording of Condition and Limitation No. 10- Replace "Foreign Civil 

Aviation Authority (FCAA)" with "FCAA"- abbreviation is defined in Condition and 

Limitation No. 1 of proposed changes. 

In Condition and Limitation No. IO(c)- Replace "to answer questions related to airplane" with 

"for evaluation of the airplane"- As written in the Reference (b) exemption the implication is 

that "FCAA engineers" will be answering questions about the airplane. The proposed change to 

"evaluation" can be applied equally to Boeing and FCAA engineers. 

Add a new Condition and Limitation No. 10(d) to include customer engineers and 

representatives as persons who may be onboard airplanes operated with foreign-licensed pilots 

who obtain FAA Private Pilot certificates under Exemption 10871. See the discussion in the 

"Condition and Limitation No. 10" section of this letter for details. 

Add a new Condition and Limitation No. 10(e) to include persons and property supporting 

demonstration flights by pilots representing an aviation entity as persons who may be onboard 

airplanes operated with foreign-licensed pilots who obtain FAA Private Pilot certificates under 

Exemption 10871. See the discussion in the "Condition and Limitation No. 10" section of this 

letter for details. 
~DE lNG 

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October 2, 2014 

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Add a new Condition and Limitation No. 10(f) to include Boeing non-engineering personnel 

required to support demonstration and FCAA evaluation flights as persons who may be onboard 

airplanes operated with foreign-licensed pilots who obtain FAA Private Pilot certificates under 

Exemption 10871. See the discussion in the "Condition and Limitation No. 10" section of this 

letter for details. 

11. In Condition and Limitation No. 11 -Wording added for clarity. See Enclosure 2 for details. 

Conclusion 

In closing, Boeing would like to express its appreciation for FAA consideration of the proposed 

changes to the Conditions and Limitations of the Reference (b) exemption. Boeing believes the 

proposed changes will serve to more clearly state the intent of the Conditions and Limitations and 

permit Boeing to continue conducting demonstration and FCAA evaluation flights in a safe and 

efficient manner . 

In accordance with 14 CFR Section 11.63(a)(l ), The Boeing Company is making an electronic 

submission of this request for grant of exemption to the Federal Docket Management System at 

www .regulations.gov. 

Please contact Colin S. Fender at (206) 544-1974 or colin.s.fender@boeing.com with any questions 

or comments related to this matter. 

Sincerely, 

Caitlin M. Randles 

Supervisor, Hight Test Engineering 

FAA Coordination 

9R-TE-BBXA M/C 14-KF 

Tel. (206) 304-0075 

Fax (206) 544-9871 

Enclosures (2) 
Enclosure 1 to Boeing Letter 

9R-TE-BBXA-BRB-14-0640 

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Enclosure 1 to Boeing Letter 

9R-TE-BBXA-BRB-14-0640 

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Enclosure 1 to Boeing Letter 

9R-TE-BBXA-BRB-14-0640 

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Enclosure 1 to Boeing Letter 

9R-TE-BBXA-BRB-14-0640 

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Enclosure 2 to Boeing Letter 

9R-TE-BBXA-BRB-14-0640 

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Exemption 10871B 

Proposed Conditions and Limitations 

I. This exemption is issued for the purpose of allowing demonstration and Foreign Civil Aviation 

Authority (FCAA) evaluation flights only in Boeing models 737, 747, 757, 767, 777, 787 and 

derivatives thereof.

2. The privileges of this exemption are intended to enable a foreign pilot who holds a U.S.

private pilot certificate with airplane multi-engine class rating and an instrument rating (subject 

to the limitation in Condition/Limitation No. 4) to act as second-in-command of an aircraft on a 

demonstration flight or FCAA evaluation flight.

3. The privileges of this exemption are not valid unless the exemption holder has a letter from the 

FAA Flight Standards District Office (FSDO), 1601 Lind Ave. SW, Renton, Washington 

98057, specifically indicating approval of each of the foreign pilots operating Boeing aircraft 

under the privileges of this exemption.

4. Each foreign pilot approved by the FAA FSDO identified in Condition/Limitation No.3 must make 

application for a private pilot certificate in accordance with 14 CFR Sect. 61.75. Any person 

authorized by the FAA Administrator to issue a 14 CFR Sect. 61.75 private pilot certificate may

place an instrument rating on the certificate without requiring the foreign pilot to take the 

knowledge test required by 14 CFR Sect. 61.75(d)(2). The person issuing the 14 CFR Sect.

61.75 private pilot certificate must indicate on that certificate the following limitation:

The instrument rating privileges are only valid for use under the privileges of

Exemption No. 10871B.

5. All flight operations using the privileges of this exemption are limited to flights for the 

purpose of aircraft demonstration or FCAA evaluation; the privileges of this exemption may 

not be used for operations that involve:

a. delivery of an aircraft;

b. maintenance or manufacturing flight testing;

c. flights operated under a special airworthiness certificate in the experimental category 

other than f o r the purpose of demonstration and flight evaluations conducted by a 

FCAA; or,

d. flights operated for the purpose of crew training.

6. Boeing must be in full operational control of any aircraft operated using the privileges of this 

exemption.

7. The pilot-in-command (PIC) of any flights operated using the privileges of this exemption 

must:

a. Hold a valid U.S. commercial pilot certificate or airline transport pilot certificate

with the appropriate type rating;

b. Hold a valid U.S. first- or second-class medical certificate; 

c. Be directly employed by Boeing; and,

d. Must remain the PIC for the duration of the flight.

 

Comment [CSF1]: Standardize reference

format.

Comment [CSF2]: Boeing conducts

“demonstration” flights for purposes other than

sales – examples would be flight demonstration of a

new airplane model to aviation press pilots and

representatives of pilot organizations (e.g., IFALPA).

Comment [CSF3]: Exemption applicable to

customer demo flights AND FCAA evaluation flights.

Comment [CSF4]: Current practice is to use

“14CFR Sect.” in place of the citation symbol “§” –

14 CFR was already used in C/L No. 8(d).

Comment [CSF5]: Editiorial clarification.

Comment [CSF6]: Update reference.

Comment [CSF7]: Editorial

Comment [CSF8]: Demonstration flights are not

limited to sales – can also be to aviation press pilots

or representatives of pilot organizations.

Comment [CSF9]: Need to include FCAA

evaluation.

Comment [CSF10]: Abbreviation defined C/L

No. 2.

Comment [CSF11]: Editorial
Enclosure 2 to Boeing Letter 

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Exemption 10871B 

Proposed Conditions and Limitations 

8. The person acting as SIC of any flights operated using the privileges of this exemption must:

a. Be an authorized representative of a legitimate purchaser or potential purchaser of the

aircraft model being flown, a pilot representing a qualified aviation entity (e.g., aviation 

press, pilot organization) or a representative of a FCAA;

b. Hold a valid pilot certificate issued by an International Civil Aviation Organization (ICAO)-

member state containing: 

1. commercial pilot certification (or equivalent) with instrument and multi-engine ratings, or,

2. airline transport pilot certification (or equivalent) with a multi-engine rating 

c. Hold the certificates identified in Condition/Limitation No. 8(b) in the English language,

or equivalent certificates in the language of the issuing FCAA accompanied by 

documentation in the English language translating certification, privileges and validity of 

those certificates; and

d. Hold a valid medical certificate issued under 14 CFR Part 67, or a medical certificate 

issued by the lCAO-member state that issued the person’s foreign pilot certificate identified 

in Condition/Limitation No. 8(c).

9. Except as provided in Condition/Limitation No. 10, all flight operations under the privileges 

of this exemption must be operated with a person aboard (other than the persons 

identified in Condition/Limitation Nos. 2 and 7) who:

a. is employed by Boeing;”

b. is not acting as PIC of the aircraft;

c. holds the appropriate U.S. airman and medical certificates to act as SIC of the aircraft 

being flown; and,

d. Boeing has found to be qualified to act as SIC of the aircraft being flown. 

10. Boeing is authorized to conduct flights under this exemption with pilots or property identified in 

the conditions and limitations and the following non-crewmembers only:

a. Boeing/FCAA Flight Test Director(s);

b. Boeing/FCAA Flight Test Engineer(s); 

c. Boeing/FCAA engineers as necessary to answer questions related to for evaluation of the 

airplane and systems operation;

d. Engineers and representatives of a legitimate purchaser or potential purchaser of the aircraft 

model being flown; 

e. Persons and property supporting demonstration flights by a pilot representing a qualified 

aviation entity as identified in Condition/Limitation No. 8(a); and 

f. Boeing non-engineering personnel required to support demonstration and FCAA evaluation 

flights. 

11. This exemption applies to flights conducted within domestic United States airspace. Boeing 

may exercise the relief provided by this exemption for overflights of and operations within the 

territory and airspace of a foreign country only with the specific permission of the foreign civil 

aviation authority having jurisdiction over that territory and airspace.

Comment [CSF12]: Exemption could be used

for purchasers of record in addition to potential

purchasers, particularly for new, yet‐to‐be

certificated airplane models.

Comment [CSF13]: Aircraft “model”

terminology used in C/L No. 1.

Comment [CSF14]: Demonstration flights are

not limited to sales – can also be to aviation press

pilots or representatives of pilot organizations

Comment [CSF15]: Editorial to flow with C/L

No. 8 introductory wording.

Comment [CSF16]: Standardize reference.

Comment [CSF17]: Standardize reference.

Comment [CSF18]: FCAA abbreviation defined

in C/L No. 1.

Comment [CSF19]: Original wording “to answer

questions” really only applied to the carriage of

Boeing engineers.  Proposed wording is tailored to

the carriage of Boeing and FCAA engineers as

required to evaluate specific aspects of airplane

and/or systems operation.

Comment [CSF20]: Required allowance to carry

customer representatives and engineers on

customer sales demo flights.  Uses the existing

customer terminology (i.e., purchaser) of C&L No.

8(a).

Comment [CSF21]: As an example, pilots for

these types of demonstration flights may be

accompanied by photographers with camera and

video equipment.

Comment [CSF22]: “Non‐engineering

personnel” includes Boeing personnel involved in

the sales process, public relations activities,

interpreters, etc.

Comment [CSF23]: Editorial clarification.