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 amended 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 letters 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, Code 

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for a revision of Exemption 8825C, which superseded its petition letter dated August 18, 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 and 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 aircraft 
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special airworthiness certificates in the category of experimental for the purpose of research 

and development, as well as market survey.

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 finds 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 Boeing 

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 No. 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), 40113, 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 flight 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. 
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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 operational 

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 Boeing 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 flight 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 

instructor 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 extends 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