9R-TE-BBXA-BRB-13-0076 

February 26, 2013 

Docket Management Facility 

U.S. Department ofTranspmtation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Attention: Federal Aviation Administration 

Director, Flight Standards Service, AFS-1 

The Boeing Company 

PO. Box 3707 

Seattle, WA 98124-2207 

Subject: Petition Exemption to the Requirements of 14 CFR Sections 6l.75(d)(2) and 61.117 

Reference: (a) Exemption No. 10061 , Regulatory Docket No. F AA-20 10-0185, 14 CFR 

Sections 6l.75(d)(2) & 61.11 7, dated May 7, 2010. (Enclosure 1) 

(b) Boeing Letter 9R-TE-BBXA-BRB-10-0025, "Petition for Exemption from 

14 CFR, Section 61.77(a)(l)," dated January 28, 2010. (Enclosure 2 - body of 

letter, only) 

The Boeing Company was granted the Reference (a) exemption to 14 CFR 6 l.75(d)(2) and 61.117 to 

permit foreign-licensed pilots to act as Second in Command (SIC) pilot flight crewmembers on U.S.-

registered B787 and B747-8 aircraft owned and operated by The Boeing Company. The Reference (a) 

exemption was issued in response to the Reference (b) petition for exemption: The exemption was 

subsequently revised to incorporate the names of additional foreign-licensed pilots to facilitate their 

participation in foreign civil aviation authority (FCAA) type validation flights or customer demonstration 

flights, as applicable, on B787 and B747-8 aircraft. 

With this letter, Boeing is petitioning the FAA fori suance of a new exemption that would provide the 

same relief from strict compliance with the requirements of 14 CFR Sects. 61. 75( d)(2) and 61.117 as 

provided by the Reference (a) exemption but with its applicability expanded to cover all Boeing airplane 

models for which a need may exist to accommodate foreign-licensed pilots. It is in accordance with 

guidance provided by FAA legal counsel that Boeing is petitioning for a new exemption to the 

requirements of 14 CFR Sects. 6l.75(d)(2) and 61.117. 

Applicable Aircraft Models 

The original purpose of the Reference (a) exemption was to provide a means for pilots of Foreign Civil 

Aviation Authorities (FCAA) and airline customers to accomplish validation and demonstration flights, 

respectively, on new U.S.-registered 787-8 and 747-8/-8F aircraft. Boeing has since realized a need to 

expand the coverage of the exemption to include all models of Boeing 737, 747, 757, 767, 777 and 787 
~BOEING 

9R-TE-BBXA-BRB-13-0076 

February 26, 2013 

aircraft to ensure compliance with the requirement of 14 CFR Sect. 6l.3(a)(l) for pilot flight 

crewmembers of U .S.-registered airplanes to possess pilot certificates issued under Part 61. 

The request for this change is based on Boeing's need to demonstrate existing aircraft types and validate 

the certification of aircraft design changes in addition to just new aircraft models. [NOTE: Though five 

models ofthe 737 and the 757 type are out of production, Boeing wishes to include thee airplanes to 

cover the potential for foreign-licensed pilot involvement in any future modernization or technology 

demonstrations that Boeing may undertake using the e airplanes.] 

The rationale, need and justification for the changes to this exemption remain as stated in the original 

Reference (b) petition for exemption, as restated below: 

"The Boeing Company believes that granting of the requested exemption would benefit the 

public as a whole. The Boeing Company is a major manufacturer of transport category 

aircraft used by operators around the world and employ tens of thousands of people here in 

the United States. Our ability to ell aircraft out ide of the United States is dependent on: 

(1) Demonstration of our products to customers' flight crews from around the world, and (2) 

Obtaining foreign approval of our type designs, which, in part, entails demonstrating to the 

flight crews of foreign airworthiness authorities that our airplanes comply with their 

country's regulatory requirements. Granting of the requested exemption will create a means 

for foreign-licensed pilots to obtain approval to act as flight crewmembers on U.S.-

registered civil aircraft owned and operated by The Boeing Company - this in turn will 

enhance Boeing's ability to demon trate, market and obtain airworthiness authority approval 

of it products. ln addition to enhancing Boeing's ability to employ U.S. citizens, granting 

of the requested exemption also has the potential to favorably affect the balance of trade for 

the United States through increased sales to foreign operators. 

"The Boeing Company believes that granting the requested exemption will not adversely 

affect the level of safety relative to that which would be provided by compliance with the 

requirements of 14 CFR Sections 61.77(a)(l) 61.75(d)(2) and 61.117 (Changed to reflect 

actual exempted regulations.)7 The pilots to which the requested exemption will be 

applied will be required to hold an appropriate transport pilot's license and Class l Medical 

certificate, issued by the airworthiness authority of each pilot's country that is a contracting 

State to the Convention on International Civil Aviation. Those pilots will also be required to 

provide evidence of appropriate flight and ground instruction and recent flight experience. 

All flights will be conducted under the supervision of a Boeing Company pilot-in-command 

who is qualified and current in the airplane type." 

List of Eligible Foreign-Licensed Pilots 

The Reference (a) exemption was revised II times to add the names of eligible foreign-licensed pilots to 

the table under Condition and Limitation o. 1. The FAA expressed concern that as time progressed the 

table containing the names of eligible pilots would continue to grow while retaining the names of pilots 

who, ( 1) Have already received FAA Private Pilot certificates under the provisions of the exemption or, 

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February 26, 2013 

(2) No longer need to be identified as being eligible for other reasons. Boeing proposes to keep the same 

type of table in the exemption being requested and address the FAA's concern by reviewing such a table 

prior to each petition for revision of the requested exemption for foreign pilot names that no longer need 

to be included. 

Boeing is requesting that the following pilot name be identified in the list of persons to whom the 

requested exemption is applicab le: 

Name (Last, First Ml) Employer Representing License Country 

Kirk, Philip Air New Zealand Air New Zealand New Zealand 

Capt. Kirk wil! participate in demonstration flights on a 787-8 aircraft related to Air ew Zealand 's 

order for 787-9 aircraft. Capt. Kirk has completed a 787-8 flight training program and has been 

in tructed to submit AC Form 8060-71 , "Verification of Authenticity of Foreign License, Rating and 

Medical Certification," with copies of his New Zealand Pilot and Medical Certificates to AFS-760 .. 

Ln accordance with 14 CFR Section 11.63(a)(l), The Boeing Company is making an electronic 

submission of this request for grant of exemption to the Federal Docket Management System at 

www.regulations.gov. 

Please contact Colin S. Fender at (206) 544-1974 or col in.s.fender@boeing.com with any question or 

comments related to this matter. 

Sincerely, 

Caitlin M. Randles 

Supervisor, Flight Test Engineering 

FAA Coordination 

MJC 14-KF 

Tel. ( 425) 544-9724 

Fax (206) 544-987 1 

Enc losures (2) 

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