AFS

- 14

- 444

- E

January 23 , 2015

Exemption No. 8825D Regulatory Docket No. FAA

- 2000

- 7945

Ms. Caitlin M. Randles Supervisor, Flight Test Engineering The Boeing Company

P.O. Box 3707 Seattle, WA 91824

- 2207

Dear Ms. Randles :

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

and limitations.

The Basis for Our Decision

By letter s dated, August 18, 2014 and December 2, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of The Boeing Company (Boeing) for an extension of Exemption No. 8825, as amended. That exemption from § § 61.57(a) a nd (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 requirements of § 61.57 without Boeing Flight Training holding a part 142 training center certificate.

As noted above, on August 18, 2014

, Boeing petitioned the FAA for an extension of Exemption No. 8825 C . Subsequently, in a letter dated December 2, 2014 , Boeing petitioned for a revision of Exemption 8825C, which superseded its petition letter dated August 18, 2014. In the letter dated December 2, 2014, Boeing noted an airplane in its test fleet that did not meet the eligibility criteria specified in Exem ption 8825C condition and limitation Nos. 2 and 3. The petition described the Boeing Commercial Airplane Company’s maritime surveillance airplane, the P

- 8I. Boeing identified t his aircraft as a 737

- 8FV on the airplane identification plate and indicated tha t it is a 737

- 800 (TCDS A16WE) that incorporates2

modifications required to perform its maritime surveillance role. The FAA issues P

- 81 aircraft

s pecial a irworthiness c ertificates in the category of experimental for the purpose of research and development

, as well as market survey.

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.

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

in the Federal Register beca use the requested extension of and amendment to the exemption would not set a precedent, and any delay in acting on this petition would be de trimental to Boeing.

Our Decision

Th e FAA is in the process of reviewing Boeing ’ s request to include the P

- 8I

, and other aircraft certificated in the experimental category, for which a type rating (identified by the listed standard category type certificate data sheets) is required by the ai rcraft’s operating

limitations. To ensure continuity of operations the FAA is extending Exemption No. 8825C, with minor edits as noted below, for a limited period of time so that the FAA can complete its review and provide Boeing a response that addresses this request. The FAA will issue an additional extension of Exemption No. 8825, as amended, with a determination on the request concerning experimental aircraft within the next six months. Consequently, this extension is granted for six months.

Condition and limitation No. 2 was modified to clarify that pilots must meet the requirements

of both § § 61.57(a) and (b) in one of the listed Boeing airplanes in order for those requirements to be considered to have been met in all of the listed Boeing airplanes. T his amendment was requested by Boeing and is consistent with the conditions and limitations for similar exemptions. In addition, condition and limitation No. 2 was modified with editorial edits to remove erroneous text and to change ‘Boeing Commercial Air craft’ to ‘Boeing Commercial Airplanes’.

Condition and limitation No. 3 was modified to for consistency with similar exemptions, alignment with the language used in condition and limitation No. 2, and congruency with part
60. N ew Condition No. 3(d) was pr eviously found under condition and limitation No. 3(d)(i) and now identifies part 60 as the simulator qualification standard. New condition and limitation No. 3(e) requires the simulator instructor to be designated under specific regulatory requirements an d qualified for the simulator type used. New condition and limitation No. 3(f) was previously found under condition and limitation Nos. 3(d)(i) and (ii). Former condition and limitation Nos. 3(e) and (f) are now found under condition and limitation Nos. 3( g) and (h).

The FAA has determined that the justification for the issuance of Exemption No. 8825, as amended, remains valid with respect to this exemption and is in the public interest. Therefore,3

under the authority provided by 49 U.S.C. §§ 106(f), 4011 3 and 44701, which the FAA Administrator has delegated to me, I grant the petition of The Boeing Company to allow 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 requirements of § 61.57 without Boeing Flight Training holding a part 142 training center certificate, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption applie s only to pilots employed by Boeing 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, T00001SE, or T00021SE while eng aging in flight operations in one of those airplanes on behalf of Boeing.

2. Each P ilot I n C ommand (PIC) subject to this exemption meeting the requirements of § 61.57(a) and (b) in any type of Boeing airplane listed in Boeing aircraft type certificate

data s heets A6WE, A16WE, A20WE, A2NM, A1NM, T00001SE, or T00021SE, and Boeing Commercial Airplanes (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 a ll those types of Boeing aircraft.

3. Each P IC subject to this exemption meet ing 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, T00001SE, or T00021SE, and 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

, subject to the following:

a. Since t he 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 simulators used must be qualif ied under 14 CFR part 60 or be a previously qualified simulator as defined in § 60.17(a) and approved by the FAA for all maneuvers required by this exemption;4

e. The simulator instructor must be designated as a flight simulator instructor for the respective s imulator type under the part in which the simulator is approved;

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

i. The takeoffs and landings must be accomplished under the supervision

of a simulato r instructor who certifies the pilot being observed is proficient in making takeoffs and landings; and

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

g. The takeoffs and landings must include at least one takeoff with a simulated

failure of th e 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

h. The flight simulator’s visual system must be adjusted to display a visual s cene 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.

5. A copy of this exemption must be presented to representatives of t he Administrator
upon request.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 8825, as amended, to

J uly 31, 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

D irector , Flight Standards Service