# ~O.EING

9R-TE-BBXA-BRB-15-0385 October 7, 2015

Docket Management Facility U.S. Department ofTransportation 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 ofExemption No. 9669 from 14 CFR Section 21.197, Special Flight Permits
References : (a) Boeing Letter B-X8lB-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 I8, 20I4 (Enclosure 2)
The Boeing Company hereby petitions for a re-issuance ofits 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 ofnew aircraft. Reference (b) [Enclosure I] granted that request with an expiration date ofFebruary 28, I995. Reference (c) [Enclosure 2) is the most recent extension ofthe exemption to I4 CFR § 

### 21.I97 with an expiration date ofMarch 3I, 20I6.
The requirements for, and the rationale in support of, the exemption remain unchanged and valid. The Boeing Company requests a two year extension ofthe previously granted Reference (c) exemption

. Ifadditional 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 ofthe petition of • 

# . THE BOEING COMPANY *Regulatory Docket 

### •No. 26149 

### for an exemption from Section 21

.197 • ofthe 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 ofsafe 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 ofBoeillQ Models 737-3001-400

. 757-200, Page 1

### Enclosure 1to Boeing Letter 9R-TE-BBXA-BRB-15-0385 

## Page 2 of4

Exemplf1] 

### 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 orderto 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 ofon:lers stretches intothe 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 oftraining aircraft. Its bast direction at this lime isto provide training time during 

### the latter phase ofthe 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 Afterjoining 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 havetheir crews trained 

### by Boeing. This Includes classroom and flight simulatortrainirlg. 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 orshe has completed training. The petitioners state that ifa 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 1to Boeing Letter 9R-TE-BBXA-BRB-15-0385 

## Page 3 of4
Exempt{1].txt 

### and has 

### recet'ltty experlenoe<I 

### a 60 percent tumover 

### In personnel. 

### Ofthese 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 ofcustomer aircraft

### with a standard airworthiness certificate prior to derJVery is cosUy, Bildwith 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 offlights dedicated 

### to tralnlng purposes Additionally, there

### wooId be a reduction ofnoise polMion attwo areas ofoperation, 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 ofthe**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 numberof purposes, including allowing an applicant to perform functions wrth an aircraft necessary to Page 3

### Enclosure I to Boeing Letter 9R-TE-BBXA-BRB-l5-0385 

## 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 nodifflcultles 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 ofthe 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) ofthe 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 

### beeffectJVe 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

Page4US.DepaII ild d1aispor1allon 

### fedlld

# "*"°"**~** 

### February 18, 2014

Ms. 

### CaitlinM. R.andJes 

### Supervisor, FAA Coordination The

### Boeing Company P.O. Box 3707 Seattle, WA 98124-2207 

## DearMs. Randles: ExemptionNo. 9669C Enclosure 2 to BoeingLetter 9R-TE-BBXA-BRB-l5-0385 

## Page 1of2

8QG**l~nc:e**Alie ,

## sw Wallhl119ton. DC 20591



### Regulatory DocketNo. F AA-2001-8898

This 

### letter is to 

### inform you that

### we have granted 

### yourpetition to extend Exemption No. 9669, as amended. Itexplainsthe rnws for ourdecisionand describes its effect. The

## BasuforOurDecision By letter

### dated October 16, 

### 2013, you petitioned 

### the Federal Aviation 

### Administration (FAA) on behalfofThe 

### Boeing Company (Boeing) for an extension ofExemption No. 9669, as amended. That exemption from 

## §21.197 ofTitle 14. Code ofFederal Regulations (14 CFR) llllows Boeing to 

### conduct flight crew

### training in aircraftoperated muter a special flight

### permitissued for production flight 

### testing ofnew aircraft. 

### Inyourpetition., you indicate that

### there bas been no change io the 

### conditions and 

### reasons relative to public interest llJld safety

### thatwere 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 Registerbecause the requested extension ofthe 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

### thejustificationfor the 

### issuance ofExemption 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 Administratorhas delegated to me, I grant yourpetition for exemption from 

### §21.197 to 

## authorize BoeingCompany to conductflight 

## crewtraining 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 ofthis exemption will be 

### effective only 

### for the period 

### oftime specified inthe 

### permit and 

### only so long as the aUcraft 

### arc owned, operated., and 

### registered by 

### the 

### Boeing Company

. 3. 

## Ftighttraining performed under 

## this exemption 

## will not serveto meet

## the requirements of 14 CFR part 

### 121 

### or 135. The Effed ofOurDecision 

### OW' decision extends the termination date ofExemption No

.9669, as amended, to 

### March 3 1 ,2016, unless sooner superseded or 

### rescinded. Sincerely,

# ~~'-/?~ 

# .. Frank P.

# Paskie**~** Deputy Director, Aircraft Certification service 2