Petition for Exemption Enclosure to RA-12-05067 14 CFR 25.813(e) Boeing 787-8 and 787-9 Page 1 of 6



### A. Name and Address of the Petitioner

Douglas M. Lane, ODA Deput y Lead Administrator The Boeing Company

PO Box 3707 Seattle, WA 98124



### B. Section of the Code of Federal Re gulations (CFRs) that are Affected

As provided for in Title 14, Code of Fede ral Regulations (14 CFR) 11.61(b), per §11.81, Boeing hereby petitions for exemption from th e following 14 CFR part 25 regulation for the
models 787-8 and 787-9:

Regulation Amendment Requirement 25.813(e) 25-128 “No door may be installed between any passenger seat that is occupiable for takeoff and landing and any passenger emergency exi t, such that the door crosses any egress path (i ncluding aisles, crossaisles and passageways).”



### C. The Extent of Relief Being Sought

Regulation Requirement Why relief is necessary 25.813(e) at

Amdt 25-

128 No door may
be installed between any

passenger seat that is occupiable
for takeoff and landing

and any

passenger

emergency exit. Operators are requesti ng Boeing to install 12 premium mini-suite systems in a cabin of Boeing 787-9. A typical mini-suite consists of a seat, an ottoman, and personal stowage units. To provide additional comfort, convenience and care for the passenger, every seat is surrounded by partial height partitions and sliding doors.

Doors, being of great va lue to the occupants of such seat systems by providing the impression of privacy, are integral to this configuration.

The proposed configurat ion will therefore not comply with the requirement of 14 CFR 25.813(e).

Description of relief sought: Boeing respectfully requests that the FAA grant an exemption for doors installed in mini-suites solely to allow
installation of mini-s uites in 787-8 and 787-9
aircraft.Petition for Exemption Enclosure to RA-12-05067 14 CFR 25.813(e) Boeing 787-8 and 787-9 Page 2 of 6

If granted Boeing would apply this exemption to 787-8 and 787-9 aircraft configured with premium mini-suite interiors meeting the techni cal and procedural cond itions set forth in paragraph D of this document.



### D. Description of the Issue

NPRM No. 96-9 states the following as th e rationale for imposing 14 CFR 25.813(e) :

“ ...door could be detrimental in evacuation of passengers, who tended not to recognize that there was an exit beyond the door, even if it were the closest available.”

“It is now considered undesirable to permit the installation of a door between any passenger and an exit. Should such a door (either thr ough omission or mechanical failure) become jammed in the event of an emergency evacuation, persons could be prevented or delayed in evacuating which could result in fatalities or in juries that would not otherwise have occurred. The hazards associated with a jammed door are still present whether or not passengers are on both sides of the door, and the recognition factor has not been mitigated. Either could result in the same consequences--failure of so me passengers to evacuate the airplane. ”

It is Boeing’s understanding that the primar y intent of 14 CFR 25.813(e) is to protect passengers from being trapped or dela yed during an emergency egress.

Boeing postulates that 14 CFR 25.813(e) limits the use of doors without giving consideration to systems that would eliminate the risk to th e occupant. For example, systems that would:

 Limit the number of occupants.

 Prevent formation of isolated compartments.

 Limit ambiguity by clearly recognizing emergency egress means.

 Provide alternate evacu ation paths [from the occupant’s location].

 Provide redundant door retenti on mechanisms and controls.

 Inhibit the door from breaking loose and bloc king egress path, even when subjected to emergency landing loads.

Boeing submits that replacing conventional seats w ith mini-suites in a ca bin will considerably reduce the number of occupants, which inhere ntly improves the safety. This has been acknowledged by the FAA in PS05-0272-C-1, 777 ELOS, as “ Installation of mini-suites on 777 reduces the occupancy in a given area by a factor of 6. All other things being equal, the reduction in the total number of occupants in a given part of the cabi n is an enhancement to safety ”.

It is envisioned that a 787 premium cabin will provide accommodation for a maximum of 12 passengers in a cabin zone where typical occupancy is between 24 and 40 passengers.

Further, granting of numerous exemptions to oper ators of executive aircraft is evidence that the FAA recognizes that the regulation was writte n with areas of high occupancy to exit ratio in mind. Executive aircraft, which are not for hire or common carriage, typically carry lower number of occupants and in gr anting these exemptions, the FAA has allowed installation of doors that completely separate cabin zone s thus creating isolated compartments.Petition for Exemption Enclosure to RA-12-05067 14 CFR 25.813(e) Boeing 787-8 and 787-9 Page 3 of 6

Mini-suites currently in serv ice on other model airplanes a nd those intended for 787-8 and 787-9 have partial height doors and walls, and meet the design pre-requisites outlined below. As such, these mini-suites are not designed to create a completely isolated compartment for the occupant and they incorporate systems and pr ocedures that will ensure that the occupant can operate and exit the mini-su ites safely in all conditions.

Partial height walls and doors allow the occupa nt a level of recogniti on and observation of what is going on around the cabin from within the suite. Attendants are also able to recognize and observe the suites when performing their dut ies. The mini-suites’ design and configuration will allow an occupant to exit the su ite regardless of the door(s) position.

i. Conditions as Pre-requisite for Installing Mini-suites

The operator will allocate an additional fli ght attendant, above th e minimum required by the applicable operating rules, whose principle duty is to ensure th e mini-suite doors are “latched” in open position for taxi, takeoff and landing.

The mini-suites shall have the following features:

1. Each mini-suite provides accommodation fo r one single occupant for taxi, takeoff and landing.

2. Mini-suite entrance will not provi de access to any other mini-suite.

3. Mini-suite or any of its feat ures will not create any obs truction to the main aisles, interfere with, or divert evacuating pa ssengers from any part of the cabin.

4. Mini-suites will not provide an egress path for evacuation other than the path out of the mini-suite for its single occupant, with exception that if an overhead crew rest is
installed above the suite then the trained flight crew occupants of the crewrest (maximum of 4) may evacuate by dropping down into the suite and exiting through
the suite.
5. Mini-suite shall have dual means of eg ress such that either egress path can accommodate both a 5th percentile female and a 95th percentile male. One such means, but not the only means, of an egre ss path is the instal lation of a pair of sliding doors in the mini-suite entrance. The doors must translate such that in the unlikely event of retention mechanism failure , inertial loads that tend to force one door in the closed position act to force the opposite door to the open position, thus facilitating an open egress path at all times.

6. Mini-suite door(s) will not reduce main aisle width below 14 CFR 25.815 requirements in open, closed or translating position.

7. Mini-suite door(s) will not cross any ma in aisle, cross-aisle or passageway.

8. Mini-suite door(s) will not impede main ai sle egress in open, closed or translating position.

9. Mini-suite door(s) can be opene d even with a crowded aisle.

10. It will not be possible to latch or lo ck the doors together in closed position.

11. Mini-suite door(s) will be locked in open position for taxi, takeoff and landing.

12. Each mini-suite will have a placard, or marking, instructing the occupant that door(s) must be locked in open posit ion during taxi, takeoff and landing.Petition for Exemption Enclosure to RA-12-05067 14 CFR 25.813(e) Boeing 787-8 and 787-9 Page 4 of 6

13. Each door will have a primary and a secondary retention mechanism. Each individual mechanism will independently be capable of holding the door open under 14 CFR 25.561(b) emergency landing conditions.

14. Secondary retention mechanism control wi ll be positioned such that a seated and belted occupant would not be able to operate it.
15. If doors are mechanically operated,

a. Both primary and secondary retention m echanisms will be engaged during taxi, takeoff and landing.

16. If doors are electrically operated,

a. The mechanism will maintain the door(s) in open position even after power loss.
b. Once opened for taxi, takeoff and landing, door(s) operation will be disabled by a
deactivation switch.

c. Deactivation switch operation cannot be ove rridden by the mini-suite occupant during taxi, takeoff and landing.

17. Mini-suite doors can manually be opene d, regardless of power failure condition,
from inside or outside with a maximum force of 25 lbs.

18. Boeing will show that even if all retention mechanisms fail and door(s) close and jam, a 95th percentile male and a 5th per centile female can still exit the mini-suite
without additional assistance. This w ill be substantiated by a demonstration.



### E. Statement of Public Interest

Sale of Boeing commercial airplanes greatly c ontribute to the balanc e-of-trade, the gross domestic product and economic health of the United States.

As with most other wide-body aircraft, the 787 is to be used primarily on long-haul routes. On flights lasting upwards of 14 hours, operators desire to provi de the traveling public with a very high level of comfort and care, and the ability to insta ll mini-suites with doors is an integral part of that goal.

76% of 787s are sold to foreign operators, of which at least 20% are operators offering premium cabins. The ability to install a nd certify mini-suites w ith doors in 787 premium cabins significantly improves its marketability, thus leading to incr eased sales supporting a positive balance-of-trade and gross domestic product.

The petition for exemption is in essence an alternative method of achieving an appropriate level of safety, while at the same time providi ng features attractive to the operators. Minisuites installed on commercial aircraft are being requested by an increasing number of aircraft operators. Many of the operators who are requesting this type of interior configuration already
have other aircraft with mini-suites in their fleet. These customers wa nt a consistent cabin operation and passenger experience across their fleet, and will c ontinue to require that new
additions to their fleet include mini-suites with doors. If th ey cannot obtain mini-suites on 787 they will order aircraft from forei gn manufacturers. This results in:

 lost opportunity to sell Boeing aircraft t hus reducing the balance-of-trade, the gross domestic product and economic health of the United States.Petition for Exemption Enclosure to RA-12-05067 14 CFR 25.813(e) Boeing 787-8 and 787-9 Page 5 of 6

 creating an unfair competitive advantage to foreign aircraft manu facturers in this
market.

Further, the public will benefit from the lower co st of travel when the operators increase their revenue and reduce their operating costs.

A majority of the flying public will see benefit from lower ticket prices. Very often, premium class passengers will pay for a very high leve l of comfort and care on long-haul flights. Accordingly, aircraft operators st rongly prefer to conf igure their cabins in such a way that the special needs of these premium class passengers can be met.

One of the most popular configur ations requested by a wide array of operators is mini-suites with doors. The ability to offer mini-suites wi th doors as part of the passenger experience allows the operators to generate additional re venue beyond that which would be available with more conventional seat solutions, allowing the opportunity to further reduce the cost of economy class travel. [Premium cabin seats a ccount for 40-60% of an operator’s revenue compared with 15-27% of tota l number of seats per flight . Source: NY Times 11/20/2011]

Allowing installation of mini-su ites on 787s will result in th e operators choosing the 787 over other products thus allowing operators to take ad vantage of operating efficiencies and reduced fuel consumption of 787. The cost savings achieved will in turn be passed on to the passengers in decreasing or mainta ining operator ticket price levels.

In addition, the operators will be able to keep operating costs down by having common training and operating procedures within their fleet. Many 787 operators that are requesting mini-suites also operate fleets of other airplane models which include mini-suites. The most cost effective manner of operating these aircraft is to have consistent mini-suites designs and flight attendant training with respect to mini-suite features and evacuation methods across their fleet of airplanes. The ability to offer mini-suites on the 787 coupled with the efficiency gains, makes the 787 the airplane of choice for its market segment.

Grant of Exemption as requested in this petition is in the best interest of the travelling public through introduction of this new pr oduct, which has an advanced certification basis, into the marketplace. Enabling common operating procedur es across a fleet not only keeps operating cost down as noted above, but avoids the poten tial for human error that may be introduced when procedures vary substantially for simila r products. For the reasons noted above, it is the petitioner’s opinion that the overa ll level of safety is improved which is in the public’s best
interest.

In summary, allowing mini-suites to be instal led in 787 will level the competitive field, and open a larger and more profitable market to th e Boeing company and its customers. Granting the Exemption expands Boeing’s sales, which be nefits balance-of-trade, the gross domestic product and economic health of the United States.. This serves the public interest by serving economic interests of the United States in genera l, and welfare of residents, employment and improved tax revenues of Washington State in pa rticular. In addition, 787 with mini-suitesPetition for Exemption Enclosure to RA-12-05067 14 CFR 25.813(e) Boeing 787-8 and 787-9 Page 6 of 6

improves operators’ economic health, which ultim ately benefits the flying public, with no compromise to their safety.



### F. Statement of No Adverse Effect on Safety

Boeing strives to provide acceptable safety condi tions so that its 787 operators can safely operate their airplane with inte rior configurations and evacuati on procedures consistent with
their current fleets.

A grant of Exemption will allow consistent procedures across an operator’s fleet thus maintaining safety. Many 787 operators that are requesting mini-suites al so operate fleets of other airplane models with premium cabins conf igured with mini-suites. By maintaining a consistent cabin configuration a nd flight attendant training across their fleet, each operator can provide the safest, most effective and economical manner to ensure safety of all occupants.

Further, additional systems and personnel employed for mini-suite configurations described in section D above will prevent the risk of passe nger entrapment behind a door jammed, due to
mechanical failure or omission to cont rol, during an emergency evacuation.

These systems and procedures will ensure that the mini-suite doors will be, and remain, open for taxi, takeoff and landing such that the safe evacuation of any occupant will not be compromised in any way owing to the existence of doors.



### G. Summary of Petition

In response to a customer request, Boeing Co mmercial Airplanes requests exemption from 14 CFR 25.813(e), Amendment 25-128, doors between passenger compartments, for the sole purpose of installing mini-suite seating system s in premium cabin zone of 787-8 and 787-9 airplanes.

The design and configuration of the mini-suites will be governed such that the safe evacuation of occupant shall not be compromised in a ny way owing to the existence of the doors.



### H. Request for Reduced Public Comment Period

As the first mini-suite configured 787-9 is inte nded to be placed in service in mid-2014 (minisuites, typically, have a 22 m onths development flow) and this exemption being based on previously approved Boeing 777 ELOS (PS05-0272), Boeing respectfully requests that the public comment period be kept as short as permissible.



### I. Privileges of this Exemption Outside the United States

Per § 11.81(h), Boeing requests that the privileges of this Exemption be extended outside of the United States. This extension of privileg es is necessary for ope rations based within foreign countries having bilate ral agreements with the United States accepting FAA 14 CFR
Part 25 as their airworthiness standards for transport category aircra ft. The 787-8 and 787-9 are intended for the global market place.