Enclosure

RA-13-03546

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Petition for Amendment to Exemption No. 10376, which permits temporary relief from 

14 CFR 25.809(a), Amendment 25-116

Name and Address of the Petitioner

Doug Lane, Director

The Boeing Company

PO Box 3707

Seattle, Washington, 98124

Section(s) of the Exemption to which an Amendment is sought:

Exemption No. 10376, The FAA’s Decision section, Limitation 2

This exemption does not apply to any airplanes delivered after August 1, 2014.

The Extent of Amendment Sought and Reason(s)

Regulation Allows / Requires: Amendment is Necessary because:

Exemption 

No. 10376

Allows partial relief 

from §25.809(a) for a 

limited number of 

747-8 airplanes 

(those delivered on or 

before August 1, 

2014). 

Due to unforeseen 747-8 build, flight test and revised airplane 

delivery schedules, not all 747-8 airplanes originally targeted for 

relief under Exemption No. 10376 can be delivered prior to August 1, 

2014. However, this requested amendment still results in fewer 

airplanes being covered by the exemption than was originally 

envisioned when the exemption was granted.

Production of the initial 747-8 airplanes started prior to the decision 

to include §25.809(a) at Amendment 25-116 in the certification basis 

of the 747-8. Subsequently, the FAA granted Exemption No. 10376, 

which provided Boeing with temporary relief from the “all lighting 

conditions” requirement in §25.809(a). This relief provided the time 

necessary to develop, certify and incorporate in-sequence a fullycompliant exterior lighting system. This new lighting system is 

scheduled to be incorporated as an “and-on” change and an airplane 

with that system will be certified and delivered prior to August 1, 

2014. Boeing is anticipating a difference in the build versus the 

delivery sequence of the airplanes. As such, the first line number with 

the new lighting system incorporated is not anticipated to be the first 

line number with the new lighting system to deliver. However, all 

747-8 airplanes manufactured after the first line number incorporation 

will include the fully compliant exterior emergency lighting system. 

Due to unforeseen flight testing requirements using an early 747-8 

airplane and completion of some of the production 747-8 airplanes 

being delayed due to unforeseen circumstances, the delivery dates of 

a few of these airplanes will extend beyond August 1, 2014. These 

airplanes were specifically intended to be covered by the relief 

permitted by Exemption No. 10376. It would create a significant and 

unwarranted burden if these airplanes had to be reworked out of 

sequence to incorporate the fully-compliant exterior emergency 

lighting system. Boeing hereby requests that the exemption be 

amended to provide relief for all 747-8 airplanes manufactured prior 

to the “and on” incorporation point and not based on the individual 

airplane delivery dates. 

Description of Issue
Enclosure

RA-13-03546

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As discussed in Exemption No. 10376, §25.809(a) at Amendment 25-116 was a late decision for the 

certification basis of the Model 747-8. Since that addition occurred after the 747-8 production line had 

already started, the FAA granted relief for a limited number of airplanes to allow Boeing sufficient time to 

develop, certify and incorporate into production a new, fully-compliant exterior lighting system. The 

exemption grants relief for all 747-8 airplanes delivered on or before August 1, 2014.

Boeing is currently in the process of certifying the new exterior lighting system. The new system will be 

incorporated as part of a 747-8 “and-on” change on airplane manufacturing line number 1499. Boeing is 

anticipating a difference in the build versus the delivery sequence of the airplanes. As such, the first line 

number with the new lighting system incorporated (1499) is not anticipated to be the first line number with 

the new lighting system to deliver; however the new exterior lighting system will be certified and delivered 

on a LN (expected to be LN 1500) prior to August 1, 2014. This “and-on” incorporation of a fully 

compliant exterior lighting system meets the intent of Exemption No. 10376 since an airplane will be fullycompliant with §25.809(a) at Amendment 25-116, and it will be certified and delivered to the airline 

customer prior to August 1, 2014. Therefore, only those 747-8 airplanes built prior to LN 1499 need relief 

from the “all lighting conditions” requirement in §25.809(a).

Due to unforeseen 747-8 build, flight test and revised airplane delivery schedules, a couple of 747-8 

airplanes will not support build/change incorporation, certification and delivery prior to August 1, 2014. 

As discussed in Exemption 10376, the 747-8’s complexities and schedule challenges for integrating a new 

lighting system into the hybrid design make it very challenging to incorporate a new integrated exterior 

lighting system into the already built airframes. The FAA recognized the complexity of modifying fuselage 

structure and the fact that the system being designed and installed is unique and does not serve other 

certification functions when it granted the temporary relief needed for the development, certification and an 

in-sequence production incorporation of the new exterior lighting system. While it was unforeseen that the 

delivery of some of the 747-8 airplanes would occur after August 1, 2014, the rationale and justification for 

continued relief for these airplanes is the same as that provided in Exemption No. 10376. That is, it would 

create a significant and unwarranted burden, and would lead to further delivery delays if these airplanes 

that will be delivered after August 1, 2014 are required to undergo the extensive rework needed to 

incorporate the new integrated exterior emergency lighting system. Therefore, Boeing requests that the 

exemption be amended to provide relief from the “all lighting conditions” requirement for non-compliant 

747-8 airplanes based on the “and-on” incorporation point instead of being based on their individual 

delivery dates. Per the current production schedule, amending the original grant as is being requested 

herein will actually result in the fewer airplanes entering service without the fully-compliant emergency 

lighting system than was originally envisioned when Exemption No. 10376 was granted. 

Statement of Public Interest

The Model 747-8 fully complies with §25.809 (a) as required by the certification basis, except as related to 

the “all lighting conditions” requirement. Granting this petition for amendment is in the public’s interest 

because it would allow the 747-8 airplanes that were designed and built without a fully compliant exterior 

lighting system to be delivered without requiring the very significant rework necessary to incorporate the 

integrated lighting system. This is consistent with the intent of the relief permitted by the original grant of 

exemption No. 10376. Conversely, if this requested relief is not granted, it would certainly lead to further 

delays in the deliveries of these 747-8 airplanes due to the need for modifications associated with 

incorporating the new external lighting system. Since the 747-8 provides many industry-leading operating 

economics, environmental improvements and safety improvements relative to previously certificated 

airplanes, it would be in the public’s interest to allow these 747-8 airplanes to enter service without further 

delivery delays. Also, given that all the current 747-8 customers are overseas, further delivery delays of the 

747-8 are not in the interest of the public due to the potential negative impact to export sales and the 

balance of trade. 

Statement of No Adverse Effect on Safety

The amendment being requested herein will not adversely affect safety. The original grant provided relief 

to a limited number of airplanes based on their delivery dates. Boeing is simply requesting that the 

applicability of the grant be revised to correspond to the “and-on” change package that includes the new 
Enclosure

RA-13-03546

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external lighting system. It is worthy of note that Boeing is not requesting that additional airplanes be 

granted relief beyond those originally envisioned in the original grant. 

Request to ‘Waive Publication and Comment’

Boeing requests to waive the requirement for publication and comment since there is no appreciable change 

to the intent of the relief permitted by Exemption No. 10376. As part of an “and-on” change, a fully 

compliant exterior lighting system will be implemented, certified and delivered on a 747-8 airplane prior to 

August 1, 2014, thus meeting the spirit of Exemption No. 10376. However, due to unforeseen 

circumstances, the delivery of some of the airplanes (without the exterior lighting system) will be after 

August 1, 2014. The rationale for relief for these early production airplanes remains unchanged from that 

discussed in Exemption No. 10376. This petition for amendment simply requests that relief be allowed for 

airplanes manufactured prior to the “and-on” change incorporation airplane, regardless of their actual 

delivery dates. 

Privileges of the Exemption Outside the United States 

The privileges of Exemption No. 10376 outside the United States are unchanged by this petition for 

amendment.

Conclusion

Boeing is incorporating an exterior lighting system that is fully compliant with §25.809 (a) at Amendment 

25-116 as part of an “and on” change on airplane manufacturing line number 1499. All 747-8 airplanes 

manufactured after LN 1499 will be equipped with the fully compliant exterior lighting system. Boeing is 

anticipating a difference in the build versus the delivery sequence of the airplanes. As such, LN 1500 is 

expected to be the first production airplane that will be certified and delivered with the new exterior 

lighting system prior to August 1, 2014 and LN 1499 with new exterior lighting system is expected to be 

delivered after August 1, 2014. It is requested that the relief from the “all lighting conditions” aspect of 

§25.809(a) at Amendment 25-116 apply to all 747-8 airplanes manufactured prior to LN 1499. Boeing’s 

request herein is consistent with the original intent to incorporate an “and on” production change prior to 

August 1, 2014. However, due to unforeseen circumstances with some of the airplanes, some airplane 

delivery dates are being delayed longer than previously planned. Therefore, for the reasons discussed 

above and in Exemption No. 10376, Boeing requests that the FAA amend Exemption No. 10376 to allow 

relief for all 747-8 airplanes manufactured prior to LN 1499 regardless of the actual airplane delivery date. 

As described above, granting this petition is in the public’s interest and it will not adversely affect safety.

Summary to be published in the Federal Register

PETITIONER: Boeing Commercial Airplanes

SECTION OF 14 CFR AFFECTED: 14 CFR 25.809(a) at Amendment 25-116

DESCRIPTION OF RELIEF SOUGHT: It is requested that exemption No. 10376 be amended to clarify 

that relief from the “all lighting conditions” requirement applies to 747-8 airplanes built prior to an “andon” incorporation of a fully compliant exterior lighting system. An airplane with the fully compliant 

exterior lighting system will be certified and delivered prior to the exemption expiration date specified in 

the existing exemption.