AIR-17-113752-E

March 9, 2017

 Exemption No. 12920A

 Regulatory Docket No. FAA-2015-0615

Mr. Douglas M. Lane

The Boeing Company

P.O. Box 3707 MC 03-56

Seattle, WA 98124-2207

Dear Mr. Lane:

This letter is to inform you that we have granted your petition to extend Exemption No. 

12920. It transmits our decision, explains its basis, and gives you the conditions and 

limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated February 10, 2017, you petitioned the Federal Aviation Administration (FAA) 

on behalf The Boeing Company (Boeing) for an extension of Exemption No. 12920. That 

exemption from §§ 21.35(a), (b)(2) and (f)(2) of Title 14, Code of Federal Regulations (14 

CFR) provides Boeing relief from completing function and reliability (F&R) testing for the 

Model 767-2C prior to the issuance of an amended type certificate (ATC) which would add 

that aircraft, a derivative of the 767-200ER and the commercial aircraft baseline for the 

United States Air Force (USAF) KC-46 aerial refueling tanker, to the Model 767 type 

certificate. The exemption allows Boeing to accumulate required flight test hours after 

issuance of the ATC that better represent the aircraft’s intended in-service aircraft 

configuration, capabilities, and operation. The testing is required to be completed prior to the 

Model 767-2C being put into initial operational service. 

In your petition, you indicate 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.
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Our Decision

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of Exemption No. 12920 would not 

set a precedent, and any delay in acting on this petition would be detrimental to Boeing.

The FAA has determined that the justification for the issuance of Exemption No. 12920 

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority provided by 49 U.S.C. § 106(f), 40113, and 44701, which the FAA Administrator 

has delegated to me, I hereby grant The Boeing Company (Boeing) an exemption from 14 

CFR §§ 21.35(a), (b)(2) and (f)(2) to the extent necessary to allow Boeing to provide relief 

from completing function and reliability (F&R) testing for the Model 767-2C prior to the 

issuance of an amended type certificate (ATC) which would add that aircraft, a derivative of 

the 767-200ER and the commercial aircraft baseline for the United States Air Force (USAF) 

KC-46 aerial refueling tanker, to the Model 767 type certificate. The exemption allows 

Boeing to accumulate required flight test hours after issuance of the ATC that better represent 

the aircraft’s intended in-service aircraft configuration, capabilities, and operation. This 

exemption is subject to the following conditions and limitations.

Conditions and Limitations

1. All flight testing must be completed prior to the Model 767-2C being put into initial 

operational service.

2. All model 767-2C aircraft must be f1own with a Boeing pilot in command prior to the 

completion of that aircraft model's F&R testing.

3. The pilot-in-command of any flight operated under the provisions of this exemption 

must: 

a. Be directly employed by Boeing, and

b. Occupy a flight crew station with access to the flight controls.

4. Boeing must be in full operational control of any aircraft operated under the provisions 

of this exemption.

5. The relief provided by this exemption is limited to permitting the F&R testing 

specified in 14 CFR § 21.35 to be completed after issuance of an ATC adding the 767-

2C to the 767 Type Certificate. It does not provide relief from other substantive 

requirements contained in 14 CFR § 21.35.

6. If ownership interest or physical custody of a Model 767-2C aircraft is transferred 

prior to completion of F&R testing, that aircraft’s identification plate must be removed 

and any amendment to the Model 767 TCDS that added that aircraft’s serial number to 

the 767-2C series of that TCDS is revoked.
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7. Condition and Limitation No. 2 must be recorded in the Model 767 TCDS as part of 

the 767-2C series Additional Design Requirements and Conditions section and may 

only be removed after F& R testing is completed.

8. Boeing must submit a summary test results report to the FAA following each F&R test 

flight conducted without FAA observer personnel onboard. Each report must be 

submitted to the FAA Boeing Aviation Safety Oversight Office within two business 

days after completion of the test flight.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 12920, as amended, to April 24, 

2018 unless sooner superseded or rescinded. 

Sincerely,

/s/

David Hempe

Deputy Director, Aircraft Certification Service