# r{)-BDEIND

DEC 1 1 20 1 2

RA-12-05201 John A

. Hamilton Lead Administrator Regulatory Adminis t ration Commercia l Airplanes The Boeing Company PO. Box 3707 MC 03-56 Seattle, WA 98124·2207

Docket Management Facility U

. S

. Department of Transportation 1200 New Jersey Avenue SE West Building Ground Floor
, Room W12-140 Washington
, DC 20590



### Subject:

Model:
RA Project No.:

Reference(s): Special Instruction:

Thi s letter submits: Petition for Amendment to Exemption No. 10235, which permits temporary relief from 14 CFR 25.809(a), Amendment 25-116

7 8 7- 8
N/ A

FAA Exe mptio n N o

. 1 0235
, I ss u e d on A pr i l 8 , 2 011

. 

### T his letter supersedes previously submitted letter
, RA-12- 05000, dated November 28, 2012, to remove proprietary reference wording

. Enclosure remains unchanged.

(X) Re q uest for Amendment to Existing Exem p tion No

. l0235

T h e B oe in g Com pan y r es p ectfu ll y s ubmi ts t h e e n closed pe ti tio n to ame nd existing Exemp t ion No.10235
, issued on AprilS
, 2011.

The enclosed request for amendment t o Ex emption No

. l0235 is submitted for revi ew and

acce ptan c e. 

### Timely cooperation with this matter is greatly appreciated.

# rti-.BOEIND

Docket Operations RA-12-05201 Page2

Please contact this office or the following individuals if you have further questions:
Project Administrator (PA): Andy Wright at (425) 717-2336
Prospective Project Administrator (PP A): Nick Smith at (425) 266-5484

BCA Regulatory Administration 787 Program Manager: Tim Dowling at (425) 717- 8574

The information being forwarded to the FAA by or with this correspondence is for the exclusive purpose of support of applications for or amendments to Type Certificates

.

The data provided should be returned to Boeing immediately following use by the FAA, includi!J.g any copies thereof which the FAA may be required to make in the course of its review. Boeing does not authorize the FAA to retain any portion of the materials being supplied

.

Sincerely,

# uJc**wr** Douglas M. Lane ODA Deputy Lead Administrator (425) 237-1383
, MC 03-56 FAX : ( 425) 294-9340

Enclosure: Petition for Amendment to Exemption No. 10235, which permits temporary relief from 14 CFR 25.809(a), Amendment 25-116

cc :

Name D. Tsuji K. Schroer Sharepoint Yes Yes Comments BASOO Program Manager 6Y -01 BASOO Program Manager 6Y-01

### Petition for Amendment to Exemption No. 10235, which permits temporary relief from 14 CFR 25.809( a), Amendment 25-116

Name and Address of the Petitioner Doug Lane, Director, Regulatory Admini stration Deputy LeadAdministrator The Boeing Company PO Box 3707 Seattle, Washington, 98124
Section(s) of the Exemption to which an Amendment is Sought:
Exemption No. 10235, The FAA’s Decision section, Limitation 2 This exemption does not apply to any ai rplanes delivered after December 31, 2013.
The Extent of Amendment Sought and Reason(s) Regulation Allows / Requires: Amendment is Necessary because: Exemption No. 10235 Allows partial relief from §25.809(a) for a limited number of 787-8 airplanes (those delivered on or before December 31, 2013). Due to 787 airplane manufacturing difficulties and resulting revised airplane delivery schedules, not all 787-8 airplanes originally targeted for relief under Exemption No. 10235 can be delivered prior to December 31, 2013. However, this requested amendment still results in 

### fewer airplanes being covered by the exemption than was orig inally envisioned when the exemption was granted.

Design and manufacture of 787-8 airplanes started prior to the 787-8 certification basis being updated to add §25.809(a) at Amendment 25-116. Subsequently, the FAA granted Exemption No. 10235, 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 fully-compliant exterior lighting system. This new lighting system is scheduled to be implemented as part of a blockpoint change on an airplane that will be certified and delivered prior to December 31, 2013. All 787-8 airplanes manufactured after that point will include the fully compliant exterior emergency lighting system.
Due to unforeseen manufacturing challenges with some early 787-8 airplanes, the delivery dates of a number of these airplanes will extend beyond December 31, 2013. These early production airplanes were specifically inte nded to be covered by the relief permitted by Exemption No. 10235. It would create a significant and unwarranted burden if these airplanes had to be reworked out of sequence to incorporate th e fully-compliant exterior emergency lighting system. Boeing hereby requests that the exemption be amended to providerelief for all 787-8 airplanes manufactured prior to the blockpoint incorporation point and not based on the individual airplane delivery dates.

### Description of Issue As discussed in Exemption No. 10235, §25.809(a) at Amendment 25-116 was a very late addition to the certification basis of the Model 787-8. Since that addi tion occurred well after the 787-8 production line had already started, the FAA granted reli ef for a limited number of airplanes to allow Boeing sufficient time to de velop, certify and incorporate into production a new, fully-compliant exterior lighting system . The exemption grants relief for all 787-8 airplanes delivered on orbefore December 31, 2013.
Boeing is currently in the process of certifying the new exterior lighting system that will be incorporated as part of a 787- 8 blockpoint change on airplane manufacturing line number 127. As a result, this new exterior lighting system will be certifie d and delivered prior December 31, 2013. This “and-on” incorporatio n of a fully compliant exterior lighting system meets the intent of Exemption No. 10235 since the blockpoint airplane will be fullycompliant with §25.809(a) at Amendment 25-116, a nd it will be certified a nd delivered to the airline customer prior to December 31, 2013. Therefore, only those 787-8 airplanes built prior to line number 127 need relief from the “all lighting conditions” requirement in §25.809(a). As identified in Exemption N o. 10235, all 787-9 airplanes will be fully compliant with §25.809(a) at Amendment 25-116.
Due to unforeseen manufacturing challenges withramping up the 787 production line, and its complex build and change incorporation processes, the completion of some of the early production 787-8 airplanes have been put on hold. While the majority of these airplanes will be completed and delivered prior to December 31, 2013, there are some that will have their deliveries delayed until 2014 or later. As discussed in Exemption No. 10235, the 787’s complex system architecture and structural materials make it very cha llenging to incorporate a new integrated exterior lighting system into already built airframes. The FAA recognized these challenges when it granted the tem porary 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 early production 787-8 airplanes would occur after December 31, 2013, the rationale and justification for continued relief for these airplanes is the same as that provided in Exemption No. 10235. That is, it would create a significant and unwarranted burden, and would l ead to further delivery delays if the early production airplanes that will be delivered af ter December 31. 2013 are required to undergo the extensive rework needed to incorporate th e new integrated exterior emergency lighting system. Therefore, Boeing requests that the ex emption be amended to provide relief from the “all lighting conditions” requirement for non-compliant 787-8 airplanes based on the blockpoint incorporation point in stead of being based on their i ndividual delivery dates. Per the current production schedule, amending the origin al grant as is being requested herein will actually result in fewer airplanes entering service without the fully-compliant emergency lighting system than was originally envi sioned when Exemption No. 10235 was granted.

Statement of Public Interest The Model 787-8 fully complies with §25.809 (a), except as related to the “al l lighting conditions” requirement. Granting this petition for amendment is in the public ’s interest because it would allow the 787-8 airplanes that were designed and built without a fully compliant exterior lighting system to be de livered 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. 10235. Conversely, if

### this requested relief is not gran ted, it would certainly lead to fu rther delays in the deliveries of these early production 787-8 airplanes due to the need for modifications associated with incorporating the new external lighting syst em. Since the 787-8 provides many industryleading operating economics, environmental improvements and safety improvements relative to previously certificated airplane s, it would be in the public’s in terest to allow the previously built 787-8 airplanes to enter service without fu rther delivery delays. Also, given that the many 787 customers are overseas, further delivery delays of the 787-8 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 hereinwill not advers ely affect safety

. The original grant provided relief to a limited number of airpla nes based on their delivery dates. Boeing is simply requesting that the applicability of the grant be revised to correspond to the blockpoint change package that includes the ne w external lighting syst em. It is worthy of note that Boeing is not requesting that addi tional airplanes be granted relief beyond those originally envisioned in the original grant.
Request to ‘Waive Publication and Comment’ Boeing requests to waive the requirement fo r publication and comme nt since there is no appreciable change to the intentof the relief permitted by Ex emption No. 10235. As part of a blockpoint (“and-on”) change, a fully co mpliant exterior lighting system will be implemented, certified and delivered on a 787- 8 airplane prior to the end of 2013, thus meeting the spirit of Exemption No. 10235. However, due to unforeseen circumstances, the delivery of some of the very early production airplanes (without the exterior lighting system) will be delayed to 2014 or later. The rationale for relief for these early production airplanes remains unchanged from that discussed in Exemption No. 10235. This petition for amendment simply requests that relief be allo wed for airplanes manufactured prior to the blockpoint change incorporation airplane, regardless of their actual delivery dates.
Privileges of the Exemption Outside the United States The privileges of Exemption No. 10235 outside the United States are unchanged by this petition for amendment.

Conclusion Boeing is incorporating an exte rior lighting system that is fully compliant with §25.809(a) at Amendment 25-116 as part of a blockpoint chan ge on airplane manufa cturing line number 127. This airplane will be certified and deliv ered prior to December 31, 2013. All 787-8 airplanes manufactured after line number 127 w ill be equipped with the fully compliant exterior lighting system. It is requested that the relief fr om the “all lighting conditions” aspect of §25.809(a) apply to all 787-8 airp lanes manufactured prior to the blockpoint airplane. Boeing’s request herein is consistent with the original intent to incorporate an “and on” production change prior to the end of 2013. However, due to unforeseen circumstances with some of the early production airplanes, so me airplane delivery da tes are being delayed far longer than previously pl anned. Therefore, for the r easons discussed above and in Exemption No. 10235, Boeing requests that th e FAA amend Exemption No. 10235 to allow relief for all 787-8 airplanes manufactured prior to line num ber 127, regardless of the actual airplane delivery date. As de scribed above, granting this petiti on 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. 10235 be amended to clarify that relief from the “all lighting conditions” require ment applies to 787-8 airplanes built prior to a blockpoint (“and-on”) incorporation of a fully compliant exterior lighting system. The blockpoint airplane w ill be certified and delivered prior to the exemption expiration date specifi ed in the existing exemption.