**Exemption No**. **8335B**

##  UNITED STATES OF AMERICA

**DEPARTMENT OF TRANSPORTATION**

**FEDERAL AVIATION ADMINISTRATION**

**RENTON, WASHINGTON 98055-4056**

+-----------------------------------+-----------------------------------+
| In the matter of the petition of  | **Regulatory Docket No.**         |
|                                   |                                   |
| #                                 | ###### FAA-2004-17212             |
|  Israel Aircraft Industries, Ltd. |                                   |
|                                   |                                   |
| for an exemption from §§          |                                   |
| 25.785(j) and 25.1447(c)(1) of    |                                   |
| Title 14, Code of Federal         |                                   |
| Regulations                       |                                   |
+-----------------------------------+-----------------------------------+

###### GRANT OF EXEMPTION

By letter dated July 3, 2006, Mr. Ami Rogev, Director, Certification,
Aircraft Division, Bedek Group, Israel Aircraft Industries, Ltd., (IAI),
LOD 70100, Israel, petitioned to amend Exemption 8335A, which was issued
on June 15, 2006. That exemption granted IAI relief from §§ 25.785(j)
and 25.1447(c)(1), allowing the carriage of two non-crewmembers
(commonly referred to as supernumeraries) on Boeing Model 737-300
airplanes converted from a passenger to a freighter configuration. In
support of its petition, IAI submitted addition information, clarifying
the configuration and intended use of the freighter.

**The petitioner requests relief from the following regulations**:

> **Section 25.785(j),** Amendment 25-72, requires that there be a firm
> handhold, handgrip, or rail "along each aisle to enable persons to
> steady themselves while using the aisles in moderately rough air."

[]{.mark}

> **Section 25.1447(c)(1),** Amendment 25-41, requires, in pertinent
> part, that oxygen masks be immediately available to each seated
> occupant, be automatically deployed with manual backup, and exceed the
> number of seats by ten percent, with the extra units distributed
> evenly throughout the cabin.

**Related regulations:**

**Section 121.583(a)** lists categories of people who may be carried
aboard an airplane in part 121 service without complying with all the
requirements of part 121which pertain to carriage of passengers.

**Background**

On February 17, 2004, IAI submitted a Petition for Exemption from
meeting certain requirements related to the carriage of two
non-crewmembers in addition to two flight crewmembers and two observers
on a freighter airplane. Non-crewmembers are persons not necessarily
assigned some duty associated with operation of the airplane and are
commonly referred to as supernumeraries. On June 3, 2004, the FAA issued
a Grant of Exemption (Exemption No. 8335) which included a limitation
prohibiting entry of the supernumeraries into the Class E cargo
compartment during flight.

On January 24, 2006, IAI submitted a petition to amend Exemption No.
8335 to remove the limitation, so that supernumeraries could enter the
Class E cargo compartment during flight to care for animals being
carried in the compartment. On June 15, 2006, the FAA issued Exemption
No. 8335A. The exemption was predicated on our understanding that the
Class E cargo compartment was to be used solely for carriage of live
animals and, therefore, that a change in the required fire fighting
procedures was necessary in that compartment. Accordingly, Exemption No.
8335A was based on use of manual fire fighting equipment rather than
decompression and oxygen starvation, and it prohibited entry into the
class E compartment during flight.

IAI has now submitted a petition to amend Exemption No. 8335A, because
the configuration of the freighter and its intended use are different
from those upon which the exemption is predicated. As discussed below,
IAI asks that---of the 13 limitations imposed in Exemption No.
8335A---3 be revised and 3 be deleted. No change is requested to the
remaining 7 limitations. IAI also requests that one limitation be added.

**The petitioner supports its request with the following information:**

"Actually the airplane configuration of the IAI special freighter and
the intended use are different than those assumed \[in Exemption No.
8335A\]. The purpose of this application is to present additional
information in order to request modification of the exemption conditions
as imposed in 8335A.

"The 737-300 Special Freighter with Solid 9g Barrier is a small cargo
airplane with a main deck cargo compartment capable of carrying up to 9
containers or pallets. The airplane has a solid 9g barrier at Station
344 which serves also as a smoke barrier. The space between the flight
deck and the smoke partition has been defined as a supernumerary
compartment where two supernumerary persons as defined by FAR 121.583
may be carried.

"The airplane is being used for carriage of unified cargo only -Pallets
or Containers. There is a need in the cargo operations market to enable
carriage of live animals in some of the forward pallets in a mixed
configuration with other normal cargo in containers/pallets aft of the
animal container/pallet.

"The supernumerary persons would not have seats within the cargo
compartment but would enter occasionally to check on condition of the
live animals as needed.

[]{.mark}

"As the cargo loading system is certified for all flight load
conditions, there is no hazard to persons in the compartment from cargo
shifting during flight.

"The entry to the compartment will be forbidden during takeoff and
landing. A pilot activated visual alert signal will warn the persons in
the compartment to go back to their seats in the area FWD of the 9g
barrier if turbulence is expected.

"The supernumerary persons are not regarded as fire fighters. They will
be prohibited from entry into the cargo compartment in case of fire. A
pilot activated visual alert signal will warn the persons in the
compartment to exit and go back to their seats upon indication of smoke.
Once they are out of the compartment, the pilot will activate the fire
fighting procedure of decompression, regardless of the question if there
are live animals on board. It is considered that the safety of the
airplane comes first and that the potential harm to the live animals is
improbable due to the remoteness of the fire probability and the
reliability of the dual smoke detection system.

"In order to ensure the safety of the supernumerary persons in case of a
cabin pressure loss the currently approved configuration already
includes a fixed oxygen source for each supernumerary person located
near the seat and an automatic alert signal when there is a need to use
this oxygen. The size of the compartment is so small that as long as the
supernumeraries stay within their compartment they are within the
vicinity of the oxygen source and do not need an additional portable
source. In the lavatory the passenger dropping mask oxygen generator is
maintained.

"A portable oxygen bottle and mask is added for each supernumerary that
is entering the cargo compartment in order to provide protection for a
case of sudden decompression. The bottle must be carried by the
supernumerary at all time within the cargo compartment. An audio alert
signal in the cargo compartment which is activated automatically by
cabin pressure and has a manual activation option, will alert any person
in the cargo compartment of the need to don the oxygen mask and return
to their seat.

Copies of the petitions submitted by IAI and the FAA's Partial Grants of
Exemption are available at [http://dms.dot.gov](http://dms.dot.gov/)
(Select Simple Search and enter Docket Number 17212.)

**Public Interest**

The original petition for exemption from IAI, dated February 17, 2004,
contained the following statement of public interest:

"The granting of the requested exemption will be in the public interest,
as by allowing the carriage of the supernumerary persons aboard the
cargo flights the operators will be able to optimize the safety
conditions of the cargo operation, to make the operation more efficient
and to improve the utility of the airplanes and the airports."

**Notice and Public Procedure**

The FAA has determined that good cause exists for waiving the
requirement for publication of a summary of the petition for public
comment. No summary was published in the [Federal]{.underline}
[Register,]{.underline} because a summary of the original petition was
published in the [Federal]{.underline} [Register]{.underline} on March
19, 2004, and no public comments were received.

**The FAA\'s analysis is as follows:**

By allowing the carriage of supernumeraries aboard cargo flights,
operators will be able to optimize the utility of the airplanes and the
airports. The FAA considers the petitioner's proposal to be in the
public interest for the following reasons:

The FAA has granted several exemptions for the carriage of
supernumeraries on cargo airplanes;

The supernumeraries would benefit airplane safety and increase the
efficiency of the petitioner's air cargo operations; and

A significant disruption of air commerce could occur if the petition
were not granted.

The FAA considered IAI's petition for amendment with reference to the
passenger safety requirements of part 25 but with due consideration of
"persons" other than passengers. Such "persons" or "supernumeraries" are
traditionally given special status because of (1) certain knowledge and
abilities attributed to them as a result of training and (2) the
imposition of requirements for special equipment to protect the
"persons."

There are differences between the cabin configurations envisioned by
part 25 and the configuration proposed by the petitioner as well as
differences between the normal activities of passengers and those of
supernumeraries caring for live animals. The FAA has two safety concerns
regarding the supernumeraries: having them move about during periods of
turbulence and providing them with supplemental oxygen, as needed.

Section 25.785(j) requires handholds to enable passengers to steady
themselves when moving about the cabin in moderate turbulence. If
supernumeraries may enter the Class E cargo compartment, this
compartment must be considered in regards to this requirement. The FAA
recognizes that it would be impractical to require handholds in the
Class E cargo compartment. We find that an acceptable level of safety
would be provided without handholds, if a aural or visual annunciation
in the Class E cargo compartment, operated by the flightcrew, indicates
at the onset of turbulence that persons must return to their seats.

Section 25.1447(c)(1) requires that oxygen dispensing units be
immediately available and automatically presented to seated passengers,
with extra units uniformly distributed throughout the cabin. The FAA is
concerned that supplemental oxygen be provided to supernumeraries as
safely as it is to passengers. To that end, we compared the likely
response of normally seated passengers observing the automatic
presentation of masks throughout the cabin with that of supernumeraries
who may or may not notice a \"decompression signal.\" We concluded that
requiring supernumeraries who leave the vicinity of the seats to carry
portable oxygen generation devices provides a level of safety equivalent
to that provided by § 25.1447(c)(1).

In terms of the limitations imposed in Exemption No. 8335A, we have made
the following determinations:

[Limitation 1 is deleted.]{.underline} This limitation specified that
the class E cargo compartment be used solely for the carriage of live
animals. This limitation is not required, because the supernumeraries
will be seated outside the class E cargo compartment, and the methods of
extinguishing an in-flight fire will be decompression and oxygen
starvation, as required by the regulations. The Class E cargo
compartments in the airplanes that will be covered by this exemption
will sometimes be used for the carriage of cargo other than animals.

[Limitations 7 and 8 are deleted]{.underline}, because they specify
certain fire fighting equipment and protective breathing equipment.
Since IAI has proposed to use decompression and oxygen starvation as the
sole means of fire fighting---in compliance with FAA approved flight
operational procedures---there is no need for those limitations.

[Limitation 9 is deleted]{.underline}, because it duplicates part of
limitation 3 in Exemption No. 8335B.

[Limitations 10 and 11 have been revised]{.underline} to define the
cabin area as the seating area for the supernumeraries and are
renumbered as Limitations 6 and 7.

In conclusion, the FAA has determined that existing regulations for type
certification do not address occupants who are neither crew nor
passengers, and thus an exemption is warranted to permit carriage of
these occupants.

**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. §§ 40113 and 44701, delegated to me by the Administrator,
Bedek Group, Israel Aircraft Industries, Ltd., is hereby granted an
exemption from 14 CFR 25.785(j) and 25.1447(c)(1). The amended petition
is granted to the extent required to permit type certification of Boeing
Model 737-300 series airplanes with provisions for the carriage of
supernumeraries. Exemption 8335A is superseded by the current Grant of
Exemption.

The current Grant of Exemption provides that supernumeraries may enter
the Class E cargo compartment during flight, subject to the following
limitations, which must be included in the limitations section of the
Airplane Flight Manual:

1\. Entrance to the Class E cargo compartment may not be allowed during
takeoff or landing.

2\. The door to the Class E compartment must be closed at all times,
except for entry and exit. The Class E compartment may not be entered in
case of fire in the compartment. A placard---located on a partition in a
conspicuous place adjacent to the door which is visible from the
entrance side---must include these instructions.

3\. Each supernumerary entering the Class E compartment in flight must
be provided with a portable oxygen bottle and mask which must be stored
in a common area. The amount of oxygen must be sized adequately for
continuous and uninterrupted use during worst case flight duration
following decompression. The bottle and mask must be carried at all
times by the supernumeraries entering the compartment. The
supernumeraries must be trained to use this equipment.

In addition to the portable oxygen units, there must be a fixed oxygen
source available at each supernumerary seat.

4\. The pre-flight briefing must include an explanation of all the alert
signals, their meaning, and the required supernumerary response.

5\. In addition, the Airplane Flight Manual must instruct the flight
crew to brief the supernumeraries before each flight about the
limitations and procedures in case of entry into the Class E compartment
in flight.

6\. An evacuation signaling system must be installed throughout the
supernumeraries' seating area to provide the emergency egress
notification to the occupants of the supernumeraries seating area.

7\. A standard airplane public address (PA) system must be installed. It
must be audible throughout the supernumeraries' seating area and must be
activated either from the flightdeck or from the supernumerary seating
area.

8\. An FAA-approved training plan must be developed by the applicant to
instruct the supernumeraries about the prohibition against smoking as
well as about procedures and use of equipment, related to ditching, fire
fighting, and emergency evacuation.

9\. A flightcrew operated aural or visual annunciation which is
recognized in accessible areas in the Class E compartment must be
installed to indicate during turbulence or the presence of smoke in the
class E cargo compartment that persons must return to their seats.
Appropriate procedures and limitations must be established to ensure
that the flightcrew signals the supernumeraries to return to their seats
at the onset of turbulence or the presence of smoke in the class E cargo
compartment and prior to landing.

This exemption will remain in effect until it is superseded or
rescinded.

Issued in Renton, Washington, on November 2, 2006.

/s/ Ali Bahrami

Manager

Transport Airplane Directorate

Aircraft Certification Service