AFS

- 15

- 1049

- E

April 30, 2015

Exemption No. 8825E Regulatory Docket No. FAA

- 2000

- 7945

Ms. Caitlin M. Randles Supervisor, Flight Test Engineering The Boeing Company

P.O. Box 3707 Seattle, WA 91824

- 2207

Dear Ms. Randles:

This letter is to inform you that we have amende d Exemption No. 8825 . It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision

By let ters dated, August 18, 2014 and December 2, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of The Boeing Company (Boeing) for an extension of Exemption No. 8825, as amended. That exemption from §§ 61.57(a) and (b) of Title 14, Cod e of Federal Regulations (14 CFR) allows Boeing production and engineering flight test pilots to use any type of Boeing airplane simulator that represents any type of Boeing airplane to meet the takeoff and landing recent experience requirements of § 61.57 without Boeing Flight Training holding a part 142 training center certificate.

As noted above, on August 18, 2014, Boeing petitioned the FAA for an extension of Exemption No. 8825C. Subsequently, in a letter dated December 2, 2014, Boeing petitioned

for a revision of Exemption 8825C, which superseded its petition letter dated August 18, 2014. In the letter dated December 2, 2014, Boeing noted an airplane in its test fleet that did not meet the eligibility criteria specified in Exemption 8825C condition a nd limitation Nos. 2 and 3. The petition described the Boeing Commercial Airplane Company’s maritime surveillance airplane, the P

- 8I. Boeing identified this aircraft as a 737

- 8FV on the airplane identification plate and indicated that it is a 737

- 800 (TCDS A16WE) that incorporates modifications required to perform its maritime surveillance role. The FAA issues P

- 81 aircraft2

special airworthiness certificates in the category of experimental for the purpose of research and development, as well as market surve y.

Exemption No. 8825D was issued on January 23, 2015

, with a six

- month expiration date of July 31, 2015. This was intended to allow time for the FAA to review Boeing’s December 2, 2014 petition to amend this exemption to add the P

- 8I aircraft (and other aircraft certificated in the experimental category) to the relief described in Exemption No. 8825. On February 27, 2015, the FAA requested supplementary information from Boeing about the P

- 8I aircraft, which Boeing provided on April 1, 2015.

The FAA fin ds that adding the additional aircraft requested by Boeing will not affect our original determination about safety and public interest. We have amended and simplified the permitted aircraft by describing the aircraft allowed under this exemption as “any Bo eing
transport

- category aircraft”.

The FAA has slightly revised the remaining conditions and limitations for clarity and to

remove redundant text. In Condition / Limitation No. 4, we added new prohibition against combining exemption relief with Exemption No. 10871, as amended, and in Condition /

Limitation No. 1 we added a new requirement for Boeing to maintain full operational control of aircraft used in exempted operations. We replaced the requirement for a flight instructor certification of proficiency with a requirement for a logbook endorsement, and we moved the pilot recency requirements from former Condition / Limitation No. 3 to Condition / Limitation No. 2. Lastly, because exemptions are available electronically, we removed Condition /

Limitation N o. 5 requiring that Boeing present a copy of the exemption to a representative of the Administrator, and we replaced the requirement to provide each PIC with a copy of the exemption with a requirement that Boeing brief each pilot on the exemption relief.

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

in the Federal Register because the amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Boeing.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 8825, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 401 13

, and 44701, which the FAA Administrator has delegated to me, I grant the petition of The Boeing Company to allow Boeing pilots production and engineering flight test pilots to use recency of experience in any Boeing transport

- category airplane (or fligh t simulator representing those types of Boeing airplanes ) and add the P

- 8I aircraft (and other aircraft certificated in the experimental category) to the relief described in Exemption No. 8825

, as amended, to meet the takeoff and landing recent experience requirements of § 61.57 for any other Boeing transport

- category
aircraft.3

Conditions and Limitations

1. This exemption allows pilots employed by Boeing for production and engineering flight testing who meet the pilot currency requirements of § 61.57(a) and (b) in any Boeing transport

- category airplane to apply that currency when acting as a required crewmember of any other Boeing transport

- category aircraft. The privileges of this exemption are applicable only to flights operated under Boeing’s full operati onal control for any flight testing or market survey.

2. Pilots exercising the privileges of this exemption must hold an FAA commercial or airline transport pilot certificate with a type rating (or Letter of Authorization in Lieu of a Type Rating) in any Boe ing transport

- category aircraft. Those pilots must have logged at least 100 hours of pilot time in the preceding 12 calendar months, 10 hours of which must be in any Boeing transport

- category airplane (or at least 50 hours of pilot time in the preceding 6 calendar months, 5 hours of which must be in any Boeing
transport

- category airplane). Any takeoff or landing entered into a pilot logbook to meet the requirements of this exemption must be with that pilot as sole manipulator of the flight controls.

3. Any fl ight simulator used to meet the requirements in § 61.57(a) and (b) must meet the qualification requirements of a full flight simulator in 14 CFR part 60 and be approved by the FAA for all maneuvers required by this exemption. An approved simulator

instruct or for the respective simulator approval must supervise the takeoffs and landings and make an endorsement in the pilot’s logbook indicating night takeoff and landing proficiency. Any takeoffs and landings using a flight simulator must include at

least one takeoff with a simulated failure of the most critical powerplant and at least one landing from an instrument landing system (ILS) approach to the lowest ILS minimums for which the pilot and airplane are authorized.

4. Boeing must ensure each pilot exercising the privileges of this exemption are briefed on the contents of the exemption. The privileges of this exemption may not be applied to any flight operated using the privileges of Exemption No. 10871, as amended.

The Effect of Our Decision

Our decision ext ends the termination date of Exemption No. 8825, as amended, to July 31 , 2017, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service