### 9R

-TE-BBXA

- BRB-13-0076 February 26 , 2013

Docket Manag ement Faci lity U
. S
. Department of T ran s pmtation 12 00 New Jersey Avenue , SE West Bui lding Ground Floor Room W12

- 140 Wa s hington , D C 2 0 5 90
Atte ntion: Fe d e ral A v iati o n Admini stration Direct o r, F li g ht Standard s S e rvic e, AFS-1 The Boeing Company PO. Box 3707 Seattle, WA 98124-2207

S ubj ect: Pe titi o n Exe mpti o n to the Re quire me nts o f 1 4 CFR Secti o n s 6l. 75( d)(2 ) a nd 61.11 7 Refe re nc e : (a) Exe mption No
. 10061 , Reg u latory D o cke t N o . FAA-2 0 10

- 018 5, 14 CFR Se ction s 6l.7 5( d)( 2 ) & 61.11 7, date d May 7, 2 010. (E nc lo s ure 1) 

### (b) Boeing Letter 9 R- TE- BB XA-B RB -10-0025, " Petition for Exemption from 14 CFR , Section 61.7 7(a) ( l )," date d J anuary 2 8 , 2 010. (Enclo s ure 2

- bo dy of letter, only)

T h e B oe in g Co mp an y was g rante d th e Refere nce ( a) exe mpti o n to 1 4 CF R 6 l.75( d)(2) a nd 6 1.117 t o permit f o rei g n- li ce n se d pil o t s to ac t a s Seco nd in Co mm a nd (S IC) p i lo t fli ght c rew me mb e r s o n U
. S.- reg i s te re d B 7 8 7 an d B 747- 8 a ircraft o w n e d a nd o pe rate d b y T h e B oe in g Co mpany. T h e R eference (a) exe mpti on was i ss ue d in res po n se t o th e R efere nce (b ) p e ti tion fo r exe m pt ion : The exem pt io n was s ub se qu en tl y rev i se d to in cor p o rate th e n a mes of additi ona l fo reign- li censed pilots to faci li tate their part icipation in foreign civi l av iation a utho ri ty (FCAA) type vali dation flig hts or c u stomer demonstration fl ig hts, as app licable , on B787 and B 747- 8 a irc raft. With this letter, Boeing is petitioning the FAA fori s uance of a new exemption that wou ld provide the same relief from strict comp liance 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 a ll Boeing airplane mode l s for which a need may exist to accommodate foreign- licensed pi lots. It is in accordance w ith guidance provided by FAA lega l counsel that Boeing is petitioning for a new exemption to the requirements of 14 CFR Sects. 6l.75(d)(2) and 61.117. 

### A pplicabl e Aircraft Mo de ls 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 va lidation 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 : "T he 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, entai ls demonstrating to the flight crews of foreign airworthiness authorities that our airplanes comply with their country's regulatory requirement s. 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 reque ste d exemption also ha s 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 wi ll not adversely affect the leve l 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 app l ied will be required to hold an appropriate transport pilot ' s license and C la ss 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 , Page 

### 2 

### of3

# rti--BDEING

9R- TE- BBXA-BRB-1 3-0076 Fe bruary 26 , 2013
(2) No longer need to be identified as being e li g ibl e 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 suc h a table prior to each petition for revision of the requested exemption for foreign pilot name s that no longer need to be in c lud ed. Boeing is requesting that the following pilot name be identified in the li st of persons to w h om the requested exemption is applicab le:



### Name (Last , First Ml) 

### Employer Representing License Country 

### Kirk , Philip A ir New Zealand Air New Zealand New Zealand Capt. Kirk w il! participate in demonstration flights on a 787-8 aircraft related to Air ew Zea land 's order fo r 787-9 aircraft. Capt. Kirk has comp leted a 787-8 flight training program and has been in tructed to submit AC Form 8060-71 , " Verification of Auth e ntic ity o f Foreign License , Ratin g and Medical Certification ," w ith copie s of his New Zea land Pilot and Medical Certificate s to AFS-760
.. Ln accordance with 14 CFR Section 11.63(a)(l) , T he Boeing Company is making an electronic s ub mi ss io n of th is req uest for gra n t of exemption to the Fe d era l 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 comment s related to this matter. Sincerely ,

Ca itlin M
. R andl es S up erv i so r, F li g ht T es t E ng in ee rin g F AA Coo rdin ati o n 

### MJC 14

- KF Te l. (425) 544

- 9724 Fax (2 06 ) 544-9 8 7 1 Enc los ures (2)



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