Boeing requests extension of the existing exemption of training of it's pilots during 'production flight testing of new aircraft' , FAA wants Full Justification !

Boeing wants to continue the practice to utilize the pre-delivery aircraft for training of it's pilots during the 'production flight testing of the new aircraft', but  FAA  has put the request on hold seeking a complete justification under current circumstances.

FAA's reply to the particular Boeing request from November 19, 2021 says, 

We have received Orrin Pierce’s letter dated November 19, 2021, requesting, on behalf of The Boeing Company (Boeing), that Exemption No. 9669, as amended, be extended. That exemption provides relief from the requirements of § 21.197 of title 14, Code of Federal Regulations (14 CFR) which permits Boeing to conduct training of Boeing flight crews in aircraft operated under a special flight permit issued for production flight testing of new aircraft.

A Communication between Boeing's Flight Test Engineering department  and  'Aircraft Certification Service'  wing  of  Federal Aviation Administration (FAA) reveals that Boeing want the said Exemption to be extended by another two years, that is expiring on March 31, 2022

Exemption No. 9669F is effective through March 31, 2022, and Boeing is requesting that it be extended to March 31, 2024.

To obtain the grant, Boeing had posted the Docket No. FAA-2001-8898 (at Regulations.gov) to the Department of Transportation’s Federal Docket Management System on November 22, 2021.

After receiving the Docket , FAA reviewed the petition and said, it needs further information to decide on the request ,

Our office has reviewed the petition and has determined that more information is needed from Boeing before we can process the request for exemption. Boeing’s petition for extension included the FAA’s original 1993 grant of exemption (No. 5600) as the basis and rationale for the continuing need for an exemption.

Boeing’s 1990 petition stated that it was production testing the airplane Model 737-300, -400, and -500, 747-300 and -400, 757-200, and 767-200 and -300.

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During 1990's Boeing was facing acute shortage of Aircraft , certified under the 'experimental airworthiness certificate' , hence requested to use pre-delivery aircraft for training of it's Pilots.

Boeing only had one aircraft being operated under an experimental airworthiness certificate that could be used for training, but its availability was very limited due to other test program requirements.

The communication further talks about the exemption and circumstances leading to the grant of the exemption ,

Exemption No. 5600 states, “With the pressing demand for new aircraft, the Boeing Company is operating its manufacturing facilities at full capacity in order to meet this requirement. As a result, production flight testing is now running full time, allowing Boeing pilots little time for other flying activities, including training.” The exemption goes on to say, “…because of the extremely limited availability of training aircraft, its best direction at this time is to provide training time during the latter phase of the final production flight.”

But, it seems , Boeing is not much excited with the Current request , and wants further justifications , which apparently is a direct reflect of a series of embarrasments drawn from the B737Max accidents , denting the image of FAA in recent past. 

FAA advised Boeing to Justify the necessity of the requested relief by saying ,

In order for the FAA to make a determination on Boeing’s current petition, we need updated justification as to why relief continues to be necessary. Therefore, please provide current and specific information on why Boeing needs the requested relief through March 31, 2024.

Please discuss (1) 14 CFR § 11.81(d), the reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole; (2) § 11.85(e), the reasons why granting the exemption would not adversely affect safety,

or

how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek the exemption; and (3) § 11.81(g), any additional information, views or arguments available to support your request.

FAA demonstrated a strong voice by saying , no work will continue on this project , unless information is provided within 30 days ,

Please provide the requested information within 30 days of the date of this letter by submitting it to the established docket (FAA-2001-8898) at regulations.gov. If the additional information is not submitted within that timeframe, the agency will cease work on the project with no further correspondence to you. Please note that work will only resume when the FAA receives the additional information.

Trying to get further detailed information , FAA also advised Boeing to submit proprietary information to FAA directly , if applies .

If Boeing considers any of the additional information to be proprietary, mark the material as “PROPRIETARY” and submit it directly to the FAA, addressed to the person below. You will be advised of the agency’s decision on your petition as soon as possible once we receive the requested information.

The communication shows / sets a tone , that  FAA  has been trying to make it's policies and actions transparent to the Public , and avoid any such incident or accident originating from the actions of FAA .

Courtesy : FAA-2001-8898-0024

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