AIR

- 15

- 885

- E Exemption No. 12920

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. FAA

- 2015

- 0615

for an exemption from § § 21.35(a)

, (b)(2) and (f)( 2) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated March 9, 2 015 , Mr. John A. Hamilton, Lead Administrator, Regulatory

Administration

, Commercial Airlines, The Boeing Company ( Boeing ), P.O. Box 3707 MC

03

- 56, Seattle, WA 98124

- 2207 petitioned the Federal Aviation Administration (FAA) on

behalf of Boeing for an exem ption from § § 21.35(a)

, (b)(2)

, and (f)(2) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption if granted, would provide Boeing relief from completing function and reliability (F&R) testing for the Model 767

- 2C prior to

the issuance of an amended type certificate (ATC) which w ould add th at aircraft

, a derivative

of the 767

- 200ER and the commercial aircraft baseline for the United States Air Force (USAF) KC

- 46 aerial refueling tanker , to the M odel 767 type certificate

. The proposed

exe mption would allow Boeing to accumulate required flight test hours after issuance of the

ATC that better represent the aircraft’s intended in

- service aircraft configuration, capabilities, and operation . T he testing would be required to be completed prior t o the Model 767

- 2C being put into initial operational service

.

The petitioner requests relief from the following regulations:

Section 21.35 (a) at Amendment 21

- 95 requires

, in pertinent part

, that each applicant for an aircraft type certificate make the tests listed in paragraph (b) of this section.

Section 21.35 (b)(2) at Amendment 21

- 95 requires

, in pertinent part , that the applicant make all flight tests that the FAA finds necessary to determine whether there is2

reasonable assurance that the aircraft , its components, and its equipment are reliable

and function properly

.

Section 21.35 (f)(2) at Amendment 21

- 95 requires

, in pertinent part , that t he flight tests

p rescribed in paragraph (b)(2) o f this section include at least 150 hours of operation

.

Th e petitioner supports its request with the following information:

The petitioner requests to defer completion of Boeing Model 767

- 2C F&R testing until after ATC approval of the 767

- 2C, but prior to the 767

- 2C being put into initial operational

service. Bo eing proposes to complete all required testing and incorporate any changes to the

t ype d esign, required to comply with 14 CFR part 21 requirements, which the FAA deems necessary while all 767

- 2C aircraft remain under ownership and control of Boeing.

The 7 67

- 2C is being certified for use as a USAF KC

- 46 aerial refueling tanker (a public use aircraft), which will replace aging KC

- 10 and KC

- 135 t ankers. The KC

- 46 tanker

conf iguration is comprised of the A TC c onfiguration (767

- 2C) a s modified by a Supplemental Type Certificate (STC). The STC configuration is additive and will not impact F&R testing as applicable to the ATC configuration.

This proposed relief will allow Boeing to more fully evaluate the end

- state KC

- 46 tanker configuration (ATC plus STC) that w ill be operated by the USAF. T he USAF require s the conduct of extensive f1ight test ing in the KC

- 46 configuration that is representative of tanker operations. These USAF flight test hours will be accumulated after FAA issuance of

the A TC, but prior to init ial entry of the aircraft into operational service. Boeing proposes to use these f1ight test hours to complete F&R test requirements rather than conduct redundant

dedicated testing on the 767

- 2C configuration prior to issuance of the 767

- 2C A TC. Conducting redundant dedicated testing on the 767

- 2C ATC configuration would delay aircraft delivery to the USAF

, increase costs to the U.S. government, and delay the

introduction of environmental improvements and increased operational capability. Accordingly, grant ing the petition would be in the public interest

.

Boeing proposes a time limit ation to be included in the Type Certification Data Sheet (TCDS) detailing the relief that would be provided b y this exemption. The proposed limitation

would state :

Time Limi ted Grant of Exemption §§ 21.35(a), (b)(2) and (f)(2), relief from the requirement that function and reliability testing be completed as a condition for obtaining an amended type certificate; Exemption No. XXXX, Month dd, yyyy (Relief expires March 31, 201 7 ).

Boeing also proposes to add the following to the Additional Design Requirements and Conditions (ADRC) of the Model 767 TCDS:3

14 CFR 21.35(a), ( b) (2) and (f)(2)

- Function and Reliability Testing

. Boeing may not transfer any ownership interest in any model 767

- 2C aircraft, and any such aircraft may only be f1own by a Boeing pilot in command prior to the completion of that aircraft model's Function and Reliability testing to the satisfaction of the FAA in accordance with 14 CFR Section 21.35 and Exempti on No. XXXX. Prior to any transfer of physical custody of any model 767

- 2C airplane not in compliance with Exemption No. XXXX to any entity other than Boeing, Boeing must remove the data plate from that airplane. Additionally, the FAA would revoke the amen dment to the

TCDS that added the 767

- 2C model to the TCDS of the model 767. The text of this paragraph may only be removed from the TCDS of the Model 767 after such Function and Reliability testing is completed to the satisfaction of the FAA.

All function and reliability testing per 14 CFR 2 1.35 will be performed during A TC certification flight testing or STC certification flight testing. During testin g, the aircraft will be

under T ype Inspection Authorization as is routinely required for certification pro jects. Boeing will retain ownership, control, accountability and responsibility for the aircraft until successful completion of the function and reliability testing.

The petitioner notes that a ll Part 21 findings of compliance will be retained by the

FAA and t he FAA, at its discretion, may also rely on the US Government (USAF), and/or Boeing pilots to perform the FAA's function for testing. Additionally, Boeing will provide status reports to the FAA for all test flights involving function and reliability. Any issues/squawks identified in testing are proposed to be captured per Boeing Commercial Aircraft (BCA) standard process es . Issues are proposed to be tracked and resolved using the standard BCA Process Instructions to ensure closure and transparency.

A summary of the petition was published in the Federal Register on Wednesday, May 20, 2015 ( 80 FR 29148 ). The comment period closed on June 9, 2015. No comments were

received.

The FAA’ s analysis is as follows:

The FAA finds that the extensive operational t esting proposed to be conducted with

the USAF and planned by Boeing on the Boeing Model 767

- 2C in the KC

- 46 (i.e., A TC plus STC) configuration that are representative of tanker operations

, will meet or exceed the requirements in 14 CFR §§ 21. 35 (a), (b)(2)

, and (f)(2)

. This exemption would allow the

issuance of the ATC prior to completion of F&R testing . However, the extensive operational testing must be completed prior to any Model 767

- 2C being put into initial operational service

with no transfer of owne rship from Boeing prior to that time. Conducting F&R testing for the

767

- 2C in the USAF KC

- 46 configuration during the STC certification flight testing will provide a mor e rigorous test environment than would be encountered on traditional civilian freight er missions and t he testing will be more representative of the actual end

- product’s operational environment. The FAA finds the F&R testing deferment has a minimal risk to the4

public and will not adversely affect safety

. The conditions and limitations pro posed in the petition further mitigate the risks of deferring the completion of F&R testin g

.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113

and 44701, delegated to me by the Administrator, The Boeing Company, is granted an exemption from 14 CFR § § 21. 35 (a), (b)(2) and (f)(2) to the extent necessary to allow Boeing to complete function and reliability (F&R) flight testing for the Model 767

- 2C after issuance of an amended type certificate (ATC) which would add that aircraft to the M odel 767 type

certificate

, subject to the conditions and limitations listed below.

Conditions and Limitations

1. All flight testing must b e completed prior to the Model 767

- 2C being put into initial operational service

.

2. All model 767

- 2C aircraft must be f1own with a Boeing pilot in command prior to the completion of that aircraft model's F&R testing.

3. The pilot

- in

- command of any flight ope rated u nder the provisions of this exemption must :

a. Be directly employed by Boeing , and

b. Occupy a flight crew station with access to the flight controls.

4. Boeing must be in full operational control of any aircraft operated u nder the provisions of this exemp tion.

5. The relief provided by this exemption is limited to permitting the F&R testing specified in 14 CFR § 21.35 to be completed after issuance of an ATC adding the 767

- 2C to the 767 Type Certificate. It does not provide relief from other substantive

requ irements contained in 14 CFR § 21.35.

6. If ownership interest or physical custody of a Model 767

- 2C aircraft is transferred prior to completion of F & R testing, that aircraft’s identification plate must be removed and any amendment to the Model 767 TCDS that added th at aircraft ’s serial number to

th e 767

- 2C series of th at TCDS is revoked

.

7. Condition 2 must be record ed in the Model 767 TCDS as part of the 767

- 2C

series Additional Design Requirements and Conditions section and may only be

removed after F & R tes ting is completed

.5

8. Boeing must submit a summary test results report to the FAA following each

F&R test flight conducted without FAA observer personnel onboard . E ach report must

be submitted to the FAA Boeing Aviation Safety Oversight Office within two bus iness days after completion of the test flight

.

This exemption terminates on March 31, 2017 , unless sooner superseded or rescinded.

Issued in Washington, D

. C

. , on September 16, 2015.

//s//

Dorenda D. Baker Director, Aircraft Certification Service