AIR

- 17

- 113752

- E March 9, 2017 Exemption No. 12920 A 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) provide s Boeing relief from completing function and reliability (F&R) testing for the

Model 767

- 2C prior to the issuance of an am ended 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 allow s Boe ing 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.2

Our Decision

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

in the Federal Register because the requested extension of E xemption No. 12920 would not set a precedent, and any delay in acting on this petition would be detrimental to Boeing

.

T he 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 delegat ed 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 r eliability (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 r efueling 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.3

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 ter mination 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