~O.EING 

9R-TE-BBXA-BRB-15-0385 

October 7, 2015 

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room Wl2-140 

Washington, DC 20590 

Attention: Federal Aviation Administration 

Director, Aircraft Certification Service, AIR- I 

The Boeing Company 

P.O. Box 3707 

Seattle, WA 98124-2207 

Subject: Petition for Renewal of Exemption No. 9669 from 14 CFR Section 21.197, 

Special Flight Permits 

References: (a) Boeing Letter B-X8 l B-90-028, dated January 22, 1990 

(b) Exemption No. 5600, dated February 8, 1993 (Enclosure 1) 

(c) Exemption No. 9669C, Regulatory Docket No. FAA-2001-8898, dated 

February I 8, 20 I 4 (Enclosure 2) 

The Boeing Company hereby petitions for a re-issuance of its existing exemption from 14 CFR, Section 

21.197, Special Flight Permits. Reference (a) contained the original petition for exemption from 14 CFR 

§ 21 .197 permitting Boeing to conduct flight crew training in aircraft operated under a special flight permit 

issued for production flight testing of new aircraft. Reference (b) [Enclosure I] granted that request with an 

expiration date of February 28, I 995. Reference (c) [Enclosure 2) is the most recent extension of the 

exemption to I 4 CFR § 21. I 97 with an expiration date of March 3 I, 20 I 6. 

The requirements for, and the rationale in support of, the exemption remain unchanged and valid. The 

Boeing Company requests a two year extension of the previously granted Reference (c) exemption. 

If additional information is required pursuant to this petition, please contact Colin S. Fender at 206-544-

1974. 

Regards, 

Caitlin M. Randles 

Manager, FAA Coordination 

Boeing Flight Test Engineering 

9R-TE-BBXA MIC: 14-KF 

Tel. (206) 304-0075 

Enclosures (2) 
Enclosure I to Boeing Letter 

9R-TE-BBXA-BRB-15-0385 

Page 1of4 

Exempt[1) bd 

Exemption No. 5600 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of • . THE BOEING COMPANY *Regulatory Docket 

•No. 26149 

for an exemption from Section 21 .197 • 

of the Federal Aviation Regulations • . 

GRANT OF EXEMPTION 

By letter dated Januat)' 22, 1990, Mr. R.D. Grantham, Unll Chief, 

Engineering Support, Boeing Commercial Alrplanes (Boeing 

CompaflY), P.O. Box 3707, Seattle, Washington 98124-2207, and 

letters dated October 4, and November 21, 1990, Mr. William M. 

Broadhurst, Supervisor, Boeing Company, petitioned for an 

exempbon from Section 21.197 of the Federal Aviation Regulations 

(FAR) lO allow the Boeing Company to conduct flight crew training 

of Boelng fligltt crews while operating under a special flight 

permit. 

The petitioners request relief rrom the followmg section 

Section 21.197 states, In pertinent part ttlat a special 

flight pennll may be ls.sued for an aircraft that may not 

cummtly meet applicable airworthiness requirements but is 

capable of safe flight for certain purposes. Including 

production flight testing of r1<IW production aircraft. 

The petitiooers' supportive Information is as rotows· 

The petitioners state that the Boeing Company conducts 

production flight testing of new production aircraft under 

special flight permits issued under the provisions of 

Section 21.197 of Ille FAR. 

The petitioners state that the Boeing Company presently has 

only one aircraft being operated under an experimental 

airworthiness certificate that could be used for trainlr19, 

but its availability is very limited due to other test 

program requirements 

AIR-90-193-E 

The pelitioners state that pres&nt (lfleratJons encompass 

production testing of BoeillQ Models 737-3001-400. 757-200, 

Page 1 
Enclosure 1 to Boeing Letter 

9R-TE-BBXA-BRB-15-0385 

Page 2 of 4 

Exemplf 1] lxt 

767·200/·300, and 747-lOOJ-400 and a new model 737-600, 

introduced in February 1990, all c::on<fucied under Gpec:ial 

flight permits under Section 21 197. Wilh Iha pre$slng 

demand for new aircraft, the Boeing Company is operating llS 

manufacturing facilities at full capacity in order to meet 

this requirement As a result, production flight testing is 

now running full time. allowing Boeing pilots Uttle lime 

for other ftying activities, including training. 

The petitlooera further slate that the Boeing Company is 

dellvertng approximately 35 aircraft per morlth in the four 

models currently in pl'Odt1etiDn. This win increase to over 

40 per month as &OOn es the Boeing Company has the capacity. 

The Boeing Company backlog of on:lers stretches into the mid· 

1990's. The reason for thls unprecedented production effort 

Is to satisfy the worfd slr11ne demand for new equipment 

The pa~tioners state that because of the extremely limited 

availability of training aircraft. Its bast direction at 

this lime is to provide training time during the latter 

phase of the final production Hight. Under the present 

limitations of Section 21.197, the Boeing Company states it 

is unable to provide any flight crew traW!ing during the 

produclioo flight phase. Boeing Company pilot requirements 

are very stringent and require qualifications and experience 

levels equivalent to th09e of Part 121 operations. The 

training of Boeing pilots, particularly the newly hired, has 

beeome a serious problem Ihm i5 beginning to impact too 

Boeing Company operations rn trainin11 costs, flight 

operations cost, atid in customer delivery schedules 

The petmoners state that a prospective pilot Is required 

to have an Airline Transport Pilot (ATP) certificate 'Mth a 

multi-engine type rating (pteferabiy in a Boeing airplane) 

before being considered for employment as a Production 

Flight Test pilot After joining the ~ng Commercial 

Airplane Company, the pilot is sent through Boeing Company's 

Customer Support Training Program. The pllot race1Ves the 

same curriculum given lo cuslomEtr airlines who contract to 

have their crews trained by Boeing. This Includes classroom 

and flight simulator trainirlg. After successfully 

complebng this training, the pilot Is put in the Producllon 

Flight Test organizabon as first officer in the type 

aircraft for wtiich he or she has completed training. 

The petitioners state that if a pilot were in need of 

initial type rating in one of tile Boeing Company's aircraft, 

the training flight would take place in an aircraft which 

hoo completed tile flight profile described in Boeing 

Company's FAA-approved Production Flight Test document on an 

airplane which was sctieduled for a subsequent IUght lo 

clear up flight squawks from a previous Hight 

The pebt1oners furthef" state that the Boeing Company has 

approximately 30 pilots engaged in production flight testirlg 

Page2 
Enclosure 1 to Boeing Letter 

9R-TE-BBXA-BRB-15-0385 

Page 3 of 4 

Exempt{1].txt 

and has recet'ltty experlenoe<I a 60 percent tumover In 

personnel. Of these pilots. approximately 12 are qualified 

In all four airplane models currenUy in production: the 

othefS fly fewer models. The Boeing Company estimates that 

!here Is a potential to do er~ training of some type either 

lnltlal, type rating, recurrent. or refres~r on 15 percent 

of the 300 airplanes to be delivered this year. This would 

be almost one usage or the ~ training exemption per week 

The petitioners further state that leaslng of customer 

aircraft with a standard airworthiness certificate prior to 

derJVery is cosUy, Bild with customer demand and light 

delivery scfledules, this is no longer a viable option. 

Additionally. leasing. insurance, maintenance costs, and ttie 

uncertainty of tease availabinty makes this optioo too 

expensive. Under pressure to deliver new aiplanes, the 

Boeing Company cannot obtain penn1ssion from its airline 

customers to delay delivery of new airplanes to schedule 

additional flights for crew training 

The petitioners assert that thl$ exemption will not 

adversely affect safety and w!ll be In the publle Interest 

by reducing the number of flights dedicated to tralnlng 

purposes Additionally, there woo Id be a reduction of noise 

polMion at two areas of operation, Boeing Field, Seattle, 

Washington, and Paine Field, Everett, washington; due to 

fewer flights In addilioo, there would be a conservatioo 

of ~our~ suGh 85 av;ation fue~ and oils, tirfl5, and 

ottier aircraft parts. 

Finally, the petllioners contend that granting this 

exemption relief will permit tfle Boeing Company to provide 

more efficient servloe and dellvety to domesbc and nondomestie customers and at the seme time assist the carriers 

to better serve the public The sales to non-domestic 

customers are a slgnlneant factor In reducrng ttie lra(je 

deflCll balance according to the petitioner 

The petitioners, thererore, request this exemption to allow 

Boeing to conduct piot ~training of its fllghl crews 

during production flight testing of new producticn aircraft. 

A summary of the Boeing Aircraft Company's petilion was 

pubflshed in ttie FederaJ Register on Apru 3, 1990 (55 FR 12439) 

No comments were received 

The Federal Aviation Administration's analysis is as rollows: 

The purpose of the require~nts In Section 21 .197, special 

flight permits, is to allow an applicant for an 

a1rworttuness certificate to operate an aircraft that may 

not currenlfy meet applicable airworthiness standards but Is 

in condition for safe flighl Special flight permits are 

issued for a number of purposes, including allowing an 

applicant to perform functions wrth an aircraft necessary to 

Page 3 
Enclosure I to Boeing Letter 

9R-TE-BBXA-BRB-l 5-0385 

Page 4of4 

Ex mp~1 ) !xi 

demonstrate oompllance with applicable a11worthlness 

standard& for lhe purpose of oerbflcatlon 

Exemptlong have been prevlou&ly Issued by the FM to permit 

the l~uance of special flight permits ror purposes other 

than tho$& speclfled In Section 21.197(a). NI exempliotl was 

granted to Douglas Aircraft Company Jn 1988 for exactty the 

same reason as requ9$l9d by the Boeing Company (Exemption 

No. 4936). Ttte FAA has encountered no difflcultles or 

safety problems resulting from this exemption and the 

benefits described by the petitioner have been reallZG<I. 

The FAA is considering rulemaking in this area to extend the 

required relief. In the meantime, the agency has detemiinec;l 

that the requested action can be taken witnout safety being 

compromised, and the public interest as indicated by the 

petitioners will also be served. provided the petitioners 

comply with the conditions and limitations as set forth 

below 

In con.slderation of the foregoing, I find that a grant of 

exemption ts in the public Interest and will not adversely alfec.1 

safety Therefore, pur&uant to Ille authority contained In 

Sections 313(a) and 601(c) of the Federal Aviation Act of 1958, 

delegated to me by the Administrator (14 CFR 11.53), the Boeing 

Company is granted an exemption from Secllon 21.197 of the 

Federal Aviation Regulations to the extent necessary to permit 

traininQ of flight crC\W while operabng with special filght 

permits i55ued for the purpose of production flight testing new 

production aircraft, subject to the following conditions and 

llmltatlons· 

1. All pilot flight crews to be trained must be Boeing 

Company employees. 

2. Each sp•cial ftlght permit incorporating the provisions 

of this exemption will be effectJVe only for the penod 

of time specified In the permit and only so long as the 

aircraft are owned, operated, and registered by the 

Boeing Company. 

3. Fi~ht training performed under this exemption will not 

serve to meet the requirements of Parts 121 or 135 of 

the FAR. 

This exemption is effective until February 28, 1995, unless 

sooner superseded or rescinded. 

Isl Thomas E. McSweeny 

Acting Director, Aircraft Certlficabon Service 

Issued in Washington, DC. 011 February 8, 1993 

Page4 
US.Depa II ild 

d1aispor1allon 

fedlld 

~ 

"*"°" 

February 18, 2014 

Ms. Caitlin M. R.andJes 

Supervisor, FAA Coordination 

The Boeing Company 

P.O. Box 3707 

Seattle, WA 98124-2207 

Dear Ms. Randles: 

Exemption No. 9669C 

Enclosure 2 to Boeing Letter 

9R-TE-BBXA-BRB-l 5-0385 

Page 1of2 

8QG l~nc:e Alie , s w 

Wallhl119ton. DC 20591 

Regulatory Docket No. F AA-2001-8898 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9669, as amended. It explains the rnws for our decision and describes its effect. 

The Basu for Our Decision 

By letter dated October 16, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of The Boeing Company (Boeing) for an extension of Exemption No. 9669, as amended. 

That exemption from § 21.197 of Title 14. Code of Federal Regulations (14 CFR) llllows Boeing 

to conduct flight crew training in aircraft operated muter a special flight permit issued for 

production flight testing of new aircraft. 

In your petition., you indicate that there bas been no change io the conditions and reasons relative 

to public interest llJld safety that were the basis for granting the original exemption. 

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

the Fec!eral Register because the requested extension of the exemption would not set a precedent, 

and any delay in acting on this petition would be debimental to Boeing. 

AIR-14-0l~E 
Enclosure 2 to Boeing Letter 

9R-TE-BBXA-BRB-15-0385 

Page 2of2 

Oorl>edaion 

The FAA has determined that the justification for the issuance of Exemption No. 9669, as 

amended. remains valid with respect to this exemption and is in the public interest. Tberef ore, 

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

Administrator has delegated to me, I grant your petition for exemption from § 21.197 to 

authorize Boeing Company to conduct flight crew training of Boeing tligbt crews while 

operating the aircraft under a special flight pennit issued for production flight testing of new 

aircraft, subject to the conditions and limitations described below. 

Conditions and Limitations 

l. AU pilot flisht crews to be trained must be Boeing Company employees. 

2. Each special flight permit incorporating the provisions of this exemption will 

be effective only for the period of time specified in the permit and only so 

long as the aUcraft arc owned, operated., and registered by the Boeing 

Company. 

3. Ftight training performed under this exemption will not serve to meet the 

requirements of 14 CFR part 121 or 135. 

The Effed of Our Decision 

OW' decision extends the termination date of Exemption No. 9669, as amended, to 

March 3 1 , 2016, unless sooner superseded or rescinded. 

Sincerely, 

~~'-/?~ .. Frank 

Deputy 

P. 

Director, Paskie~ Aircraft Certification service 

2