UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 98057-3356

In the matter ofthe petition of Exemption No. 12805

FedEx Express Regulatory Docket No. FAA-2015-1731 for an exemption from§§ 25.785G), 25.812(e), 25.857(e), and 25.1447(c)(2)(i) ofTitle 14, Code ofFederal Regulations

PARTIAL GRANT OF EXEMPTION By letter dated May 8, 2015, Mr. Craig Greer, Manager, FleetEngineering- Structures, FedEx Express, 3131 Democrat Road, Memphis, Tennessee, 38118, petitioned the Federal Aviation Administration (FAA) for an exemption from the requirements of§§ 25.785(j), 25.812(e), 25.857(e), and 25.1447(c)(2)(i) ofTitle 14, Code ofFederal Regulations (14 CFR). This exemption, ifgranted would permitthe carriage ofup to two supernumeraries in a crewrest module (CRM) located in the Class E cargo compartment ofBoeing Model 767-300F and 767- 300 passenger airplanes converted to freighter airplanes. The petitioner requests relieffrom the following regulations: Section 25.785(j) at Amendment 25-88, requires that, ifthe seat backs do not provide a firm handhold, a handgrip orrail must be available along each aisle to enable persons to steady themselves while using the aisles in moderately rough air. Section 25.812(e) at Amendment 25-128,requires that floor proximity emergency escape path markings must provide emergency evacuation guidance for passengers when all sources ofilluminationmore than 4 feet above the cabin aisle floor are totally obscured. In the dark ofthe night, the floor proximity emergency escape pathmarking must enable each passengerto

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• After leaving the passenger seat, visually identify the emergency escapepath along the cabin aisle floor to the first exits orpair ofexits forward and aft ofthe seat; and• Readily identify each exit from the emergency escape pathby reference only to markings and visual features not more than 4 feet above the cabin floor. Section 25.857(e) at Amendment 25-93,requires that, when a Class E cargo compartment is installed onthe airplane, the airplane must be used for carriage ofcargo only. Section 25.1447(c)(2)(i) at Amendment 25-116,requires that each flight crewmember onflight deck duty mustbe provided with a quick-donning type oxygen dispensing unit connected to an oxygen supply terminal. This dispensing unit must be immediately available to the flight crewmemberwhen seated at his station, and installed so that it can be placed on the face from its ready position, properly secured, sealed, and supplying oxygen upon demand, with one hand, within five seconds and without disturbing eyeglasses or causing delay in proceeding with emergency duties. Related sections of14 CFR: Section 121.583(a), contains, in pertinentpart, a listing ofcategories ofpersons who may be carried aboard an airplane in part 121 service without complying with all ofthe requirements ofpart 121 pertainingto carriage ofpassengers. The petitioner supports its requestwith the following information: This section quotes the relevant information from the petitioner's request, with minor edits for clarity. The complete petition is available at the Department ofTransportation's Federal Docket Management System, on the Internet at http://regulations.gov, in DocketNo. FAA-2015-1731. The main objectives ofthis request for exemption are to permitthe carriage oftwo offduty crewmembers on an all-freighter airplane and permit entry ofqualified supernumeraries into the CRM inside the cargo compartment during flight for the purpose ofresting. By present letter, FedEx Express revises the previous petition for exemption (Docket No. FAA-2014-0101). This revised petition is necessary to include language detailing the requirement ofthe installation ofa smoke barrier to create a separation between the area ofthe Class E cargo compartment and the area ofthe proposed portable CRM installation in order to further substantiate the exemption request. Requested Regulatory Relief: Section 25.785G): Reliefis necessary because firm handholds are not available inside the main deck cargo compartment, when access is permitted in the cargo compartment. Section 25.812(e): Reliefis necessary for floor lighting in the cargo compartment area. The door in the CRM and the rigid cargo barrier (RCB) access door are in such close proximity that floor lighting is not needed because the existing aircraft emergency 2lighting and the proposed CRM lighting will be sufficient. In addition, flight crews inside the CRM are required to carry flashlights. Section 25.857(e): Reliefis sought to permit carriage ofupto two persons inthe CRM on all freighter airplanes which have a CRM in position 1ofthe Class E cargo compartment beyond the flight crew oftwo. The CRM will be occupied only in flight, not to be occupied during taxi, takeoff, and landing. Section 25.1447(c)(2)(i): Rdiefis soughtto permit the use ofportable oxygen bottles with full-face mask instead ofautomatic dispensing units. Description ofAircraft: The 767-300F was manufactured under Type Certificate Data Sheet (TCDS) AlNM. The 767-300BDSF (BeDek Special Freighter) was as well manufactured underTCDS AlNM as a passenger 767-300ER series model but later modified to a special freighter by Israel Aerospace Industries BeDekAviation Group Supplemental Type Certificate (STC) ST02040SE. Boeing applied for an amended Type Certificate (TC) AlNM to derivate the 767-300ERpassenger model into a freighter, the 767-300BCF (Boeing Converted Freighter). All three ofthese models include a Class E compartment in the main deck and a flight deck consisting ofa supernumerary area, forward ofthe 9-g barrier RCB/smoke curtain. The flight deck area canprovide a maximum ofsix (6) seats, of which four (4) are for the supernumeraries and two (2) are for the captain and the first officer. The following previously granted exemptions are still applicable and are taken in consideration in this request:

• Exemption 5993A for the 767-300F
• Exemption 9853 for the 767-300BDSF.
• Exemption 9696A for the 767-300BCF. The flight deck ofthe Model 767 Freighters (-300F/-300BCF/-300BDSF) is equipped withNo

. 2 left and right flight deck windows that canbe open from inside,previously certified as flight crew emergency exits under TC AlNM. The right hand windowhas the capability to be opened from the outside ofthe airplane, and its means ofopening is marked onthe exterior airplane fuselage. Supernumeraries are trained persons and are briefed for the duty on board the aircraft. The airplane flight manual contains the definition of , and the conditions under which, the supernumerarypersons may be carried, and provides specific instruction for preflight briefing

. FedEx Express believes that an equivalent level ofsafety withthe parts ofthe requirements from which reliefis sought will be achieved by the design features ofthe CRM installation on the 767 Freighters (-300F/-300BCF/-300BDSF).

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### Crew RestModule Configuration: The initial type certificate configuration addresses the access, during flight, to the cargo compartment as described perthe 767-300F flight manual for only one person. The 767- 300BCF and 767-300BDSF are allowed to have four persons perrespective exemptions and flight manual supplements. (See Exemption 9696A for the 767-300BCF and Exemption 9853 for the 767-300BDSF.) FedEx wishes to install a CRM inside the Class E compartment in position 1D/1C for the purpose ofproviding a compartment for no more than two off-duty crew members to rest during cruising steady flights, not to be occupied during taxi, takeoff, and landing. The CRM will be equipped as follows:

• A smoke detector system with individual aural warning to alert the CRM occupants will be installed. The smoke detector will be connected to the Engine Indicating & Crew Alerting System (EICAS) ofthe aircraft so the crew onduty in the flight deck will be alerted as well. The CRM will be located inside the Class E compartment and§ 25.857(e) requires smoke detection to protectthe CRM occupants and the aircraft. The equipmentwill be similarto the 777F system currently installed on FedEx Express aircraft.

• Installation ofan aural alert to alert the CRM occupants in the event ofa rapid decompression or at the discretion ofthe flight crew on duty.

• Installation oftwo 4.25 cubic feet portable oxygen bottles with full-face masks for the occupants to be able to walk back to their flight deck seats. This will support occupants during a decompression and/or a smoke event in the Class E compartmentwhich will meet§§ 25.1439(a) and (b). The portable oxygen bottles meet the performance requirements of§ 25.1443(a) or§ 25.1443(b).

• Installation ofa fire extinguisher in the event ofa fire will be installed inthe CRM. No additional portable breathing equipment (PBE) will be required since there will be two 4.25 cubic feet portable oxygen bottles with full-face masks installed inthe CRM

. The flight deck does have fire extinguishers and PBE previously certified under the TC or STC; however,they are too far to reach from the CRM. This addition will meetthe requirements of§ 25.851

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• Installation ofemergency lighting in the event ofa complete loss ofpower. The lighting will be inside the CRM only so occupants could find a flashlight and/or don oxygen ifrequired inside the CRM. The CRM occupants will be required to carrytheir own flashlights to walk from the CRM to their seats inthe flight deck. There is no emergency lighting in the Class E compartment. However, similarto the 777F and MD11F, there are two dome lights inside their respective CRM, one ofthe lights will be strategically placed inside the CRM so that when the 767 CRM door is open there is enough lighting at the floor level (8 to 10 foot candle 4powerper SAE ARP 1283A) ofthe Class E compartmentjustbetween the CRM and the RCB door. The area between the CRM and RCB door would be slightly less than 22-inches long and approximately 30-inches wide. Once the RCB door is open, additional lighting will be available since there is a dome lightjustnextto the crewel)try door way.

• Installation oftwo-way communication (interphone) system. The system will have a chime (aural alert) to alert the occupants and a resettable call light. The system will have a push-to-talk handset similarto the one installed onthe 777F which is resettable once the system is in use. In addition, a public address (PA) will be available as a backup to the interphone system.

• The CRM will also have means to control the airflow and temperature. The CRM general design requirements will meet Class 1Rest Facility per Advisory Circular (AC) 121-31 and SAE ARP 410113 CrewRest Facilities not including the requirement to obtain Operational Specification approval A117 which is based on 14 CFR 117 that is not applicable to FedEx Cargo Operations

. FedEx Express proposes several means and limitations to address the safety ofthe occupants in the Class E compartment during flight: 1. Flight crewmembers will be trained as a part ofthe standard 767 crew training on the proper use and emergencyprocedures associated with the CRM. 2. Supernumeraries are prohibited from accessing the cargo areas during taxi, takeoff, and landing. A pre-flight briefing must inform the supernumeraries of this requirement. 3. Priorto each flight, a flight crew member will briefeach supernumerary onthe use ofexits, including instructions to inspect the ground to determine whether a safe landing canbe achieved before using an assist means and emergency equipment. 4. Prior to each flight, a flight crew member will briefeach supernumerary onthe opening and closing procedure ofthe RCB door. 5. A maximum oftwo (2) occupants will be allowed to enterthe CRM during cruising flight. 6. Supernumerary Portable Oxygen

a. There must be at least two portable oxygen units with a full-face mask connected to it provided for each supernumerary allowed to enter the main deck Class E cargo department during flight. The units must provide an indicationto the user that oxygen is flowing.

5b. The portable oxygen units must meet the performance requirements of § 25.1443(a) or (b), orthe equipment must be shownto protectthe supernumerary from hypoxia at an activity level required to return to his or her seat following a rapid decompression to 25,000 feet cabin altitude.

c. The portable units must be located inside the CRM, readily available to the CRM occupants within arm'sreach from the bunk beds. d. The supernumeraries must be trained in the use ofthe oxygen units. The supernumeraries must also be trained in making the determination whether oxygen is being delivered.

e. The oxygen units must be sized adequately for continuous and uninterrupted use during worst-case flight duration following smoke/decompression event, or must be ofsufficient duration to allow the supernumeraries to return to their seats where additional oxygen is readily accessible for the remainder ofthe smoke/decompression event. 7. A placard located in the supernumerary area, in a conspicuous location either on or adjacent to the RCB smoke barrier, should indicate the following for access to theE-class cargo compartment. The pre-flightbriefing should inform supernumerariesthat access to the CRM is limited to two off-duty flight crew. 8. The CRM will have a fire extinguisherthat meets the requirement of§ 25.851. 9. In the event ofa rapid decompression, an aural alert will be activated to alert the CRM occupants. 10

.No protective breathing equipment (PBE) will be provided since the CRM will have two portable oxygen bottles will full-face mask. 11. There will be an aircraft public address system capable ofproviding announcements from the cockpitto the courier area in addition to an interphone system. 12. Installation ofemergency lighting in the event ofa complete loss ofpower. 13

.A smoke barrier will be installed to create a separation between the area ofthe Class E cargo compartment and the area ofthe portable CRM installation. The design ofthe smoke barrier and its installation will be such that hazardous amounts ofsmoke originating in the Class E cargo compartment is prevented from entering into the area ofthe portable CRM installation. Supporting Arguments: Cargo operators need an augmented flight crew onboard the aircraft for flights longer than 8 hours

. Although the aircraft have three supernumerary seats, the seats are not ideal for 6crewrest. The installation ofthe CRM in the Class E compartmentprovides a Class 1 crew rest facility which will allow FedEx to supportthe flight crewrestrequirements. The proposed CRM, as described, will provide an adequate level ofsafety and comply with all the Federal Aviation Regulations except for the sections from which FedEx seeks exemption. Section 25.785(j): The CRM is insidt: tht: Class E compartment and the proximity ofthe CRlvl to the RCB wall/door is slightly less than 22 inches. This distance is less than the average arm reach ofthe 5th percentile 40-year old Japanese female which is 25.7 inches perNASA-STD3000 HumanFactors. FedEx believes that a firm handhold is not required to transition from the CRMto the RCB door. To transition from the CRM to the flight deck, the supernumeraries inside the CRM must openthe RCB access door which requires the occupants to hold and tumthe door latching mechanism thus providing a firm hold. Section 25.812(e): The CRM and the RCB access door are in such closeproximity that floor lighting is not needed. Once the CRM door is open, the proposed CRM emergency lighting will be sufficient to illuminate the area as described. Once the RCB door is open, additional illumination will be available from the existing aircraft emergency lighting. In addition, flight crews inside the CRMwill be required to carry flashlights. The categories ofthe occupants for whichthe exemption is sought are qualified off-duty flight crew for the type ofaircraft, in this case the 767, which meet all the requirements of 

### § 121.583 as well. Furthermore, they are instructed in the autonomous use ofemergency equipment and emergency exit operation. FedEx Express will optimize their missions ifthey are permitted to have the CRM installed in the Class E compartment and allowpersonnel aboard the CRM during cargo flights, thus ensuring availability ofrested flight crew in flight. Public Interest FedEx Express presents the argument that the granting ofthis exemption will be in the public interest by allowing FedEx Express to provide a Class 1rest facility per AC 121- 31 for extended flights, thus reducing the flight crew fatigue and improving flight safety. The granting ofthis exemption will allowFedEx Express to compete with international freighter operators with similar configurations. Ifallowed to carry supernumerary persons aboard their cargo flights, FedEx Express will be able to operate under optimal safety conditions. The reasons for these benefits are developed in the arguments above.

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### Federal Register publication As noted by the petitioner,this request is a minor revision ofa previously submitted petition and a summary ofthe petition was published for public comment on June 6, 2014 (79 FR 32806). Since thepublic was already allowed an opportunityto comment onthe petition, and no comments were received,the FAA has determined that good cause exists for waiving the requirement for Federal Registerpublication for public comment in this case. The exemption would not set a precedent and any delay in acting onthis petition would be detrimental to FedEx Express.


### The FAA's analysis The petitionerpreviouslypetitioned for relieffrom the above-mentioned regulations and was issued Denial ofExemptionNo. 11041 (DocketNo

. FAA-2014-0101). The FAA determined that the original proposed configuration ofthe crew rest module (CRM) would introduce unnecessary hazards to the occupants in the CRM from a fire inside the Class E cargo compartment. The petitionerhas proposed to alter the previous configurationby adding a smoke barrier curtain aft ofthe CRM. We find itto be acceptable as the CRM is now located forward ofthe Class E cargo compartment smoke barrier. We also agree withthe proposed limitations and conditions and have listed them under ourdecision below. As proposed by the petitioner,previously granted exemptions for the Boeing 767 cargo airplanes are applicable and will remain in effect; No. 5993A for the 767-300F, No. 9853 for 767-300 passenger airplanes converted to freighter airplanes, and No. 9696A for 767-300 passenger airplanes converted to freighter airplanes

. The conditions and limitations ofthis exemption are in addition to those found in the previously granted exemptions noted above. Those exemptions allowfor the carriage ofsupernumeraries, allow access to the Class E cargo compartment during flight under specific circumstances, and contain emergency equipmentrequirements. This exemption will allow for the crew and supernumeraries to use the CRM during flight but not during taxi, takeoff , and landing. The handhold requirement of§ 25

.785G) ensures that occupants have a means to steady themselves in moderately rough

.air while traversing the main aisles oftypical passenger airplanes

. Onthe proposed airplane, we concur with the petitionerthat an acceptable level of safety will be provided by the crew-operated visual/aural alerting system (a condition and limitation ofthe other exemptions noted above). These alerting systems enable the crewto indicate, at the onset ofturbulence, that supernumeraries in the cargo compartment mustreturn to their seats. The alerts must be recognized in accessible areas ofthe CRM and indicate, during turbulence, that persons mustreturn to their seats and secure the rigid cargo barrier door. The intent of § 25.812(e) is to provide floor-proximity, emergency escape path markings inthe passenger areas ofthe airplane

. Because ofthe close proximitybetween the rigid cargo barrier door and the CRM door, the lack ofthe floor-proximity, emergency escape path markings will not adversely impactthe safety ofthe supernumeraries

. 8Supernumeraries must be trained regarding the location and use ofoxygen equipment and the alerts that indicate the need to don oxygen equipment. The oxygenunits must be sized adequately for continuous and uninterrupted use during worst-case flight duration following decompression. Since the occupants ofthe CRM are not acting as active crewmembers on the flight deck,§ 25.1447(c)(2)(i) does not apply to the module; therefore, no reliefshould be required and none will be granted from this requirement. Configurations may be approved for carrying cargo and which would not require supernumeraries to access the Class E cargo compartment. Forthese configurations, an aural decompression alert is not required to be recognizable inthe Class E compartment ifan airplane flight manual (AFM) limitation is established to prohibit supernumeraries from being in the Class E cargo compartment during flight. Placards and procedures must also be changedto be consistent with the AFM limitation. Based onthe information

- from the petitioner regarding the means ofalerting the supernumeraries while in the cargo compartment, the FAA has the following comments:
• Aural alert intensity

-- The petitioner must account for operational conditions. The aural alerts must be loud enough to be heard during all expected operational conditions, including a rapid decompression where the ambient noise level will increase.
• Adequacy ofoxygen equipment

-- The oxygen units for the supernumeraries must meet the requirements in the FAA's analysis above, and the limitations in the decision below. The FAA's decision In consideration ofthe foregoing, I find that a partial grant ofexemption is in the public interest. Therefore,pursuantto the authority contained in 49 U.S.C. 40113 and 44701 delegated to me by the Administrator, I grantFedEx Express an exemption from 14 CFR25.7850), 25.812(e), and 25.857(e). The exemption is granted to the extent necessary to allow type certification ofBoeing Model 767 series freighter airplanes with provisions for the carriage ofnot more than two supernumeraries in a crewrest module forward ofthe smoke barrier during flight for the purpose ofresting. The petitioneris not granted an exemption from§ 25.1447(c)(2)(i) because it is not applicable in the crewrest module, as explained above. This exemption is subjectto the conditions and limitations below. 1. Flight crewmembers mustbe trained as a part ofthe standard Model 767 crew training on the proper use and emergencyprocedures associated with the crew rest module. 2. Access to, or occupancy of, the crew rest module and cargo areas is prohibited during taxi, takeoff, and landing. 3. The following must be documented as operating limitations in the AFM:

a. A maximum oftwo (2) occupants will be allowed to enter the crew rest module during cruising flight. b. Each occupant entering the crew rest module is required to carry a flashlight. 9c. Priorto each flight, a flight crewmembermust briefeach supernumerary on the following:
1. The use ofthe exits, including instructions to inspectthe ground to determine whether a safe landing can be achieved before using an assist means and emergency equipment.
11. The opening and closingprocedure ofthe rigid cargo barrier door.
111. That access to the crew rest module and cargo areas is prohibited during taxi, take-off, and landing. 1v. That access to the crew rest module is limited to two off-duty occupants.
v. The meaning ofall alerts required by this exemption. 4. SupernumeraryPortable Oxygen
a. There must be at least two portable oxygen units, each with a full-face mask connected to it, provided for the supernumeraries allowed to enter the crewrest module during flight. b. The portable oxygen units mustmeetthe performance requirements of § 25.1443(a) or (b), orthe equipment must be shown to protect the supernumerary from hypoxia at an activity level required to return to his orher seat following a rapid decompression to 25,000 feet cabin altitude.
c. The portable units mustbe located inside the crewrest module and readily available to the crewrest module occupants within easy reach from the bunk beds. d. The supernumeraries must be trained in the use ofthe oxygen units. The supernumeraries must also be trained in making the determination whether oxygen is being delivered

. e. The oxygen units must be sized adequately for continuous and uninterrupted use during worst-case flight duration following a smoke or decompression event, or must be ofsufficient duration to allow the supernumeraries to return to their seats where additional oxygen is readily accessible for the remainder ofthe smoke or decompression event. 5. A placard located in the supernumerary area, in a conspicuous location either on or adjacent to the rigid cargo barrier door, must indicate the following, orequivalent, for access to the Class E cargo compartment. Access to the crew restmodule is limitedto two off-duty occupants. Flashlight must be carriedbyeach occupantwhen using the crew restmodule

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106. The crew rest module must have a fire extinguisherthat meets the requirements of § 

### 25.851. 7. In the event ofa rapid decompression, the existing automatically activated aural alert must activate to alert the crewrest module occupants to activate and don their oxygen system
. 8. In the event ofturbulence, smoke, or fire, the flight crew must activate the existing aural/visual alert system to alert crewrest module occupants to return to their seats. 9. There must be an aircraft public address system capable ofproviding announcements from the cockpitto the crew rest module in addition to an interphone system. 10. Installation ofemergency lighting in case ofa complete loss ofpower is required. Two flashlights must be installed forward ofthe 9g barrier for use when occupants enter the crewrest area. 11. A smoke barrier mustbe installed to create a separation betweenthe area ofthe Class E cargo compartment and the area ofthe portable crewrest module installation. The design ofthe smoke barrier and its installation must be such that a hazardous amount ofsmoke originating in the Class E cargo compartment is prevented from entering into the area of the portable crewrest module installation. 12. Alerting Requirements
a. Must be distinctive and effective. Alerts must distinguish between 1) decompression and 2) turbulence, smoke, orfire. b. Visual alerts mustbe visible from all occupant locations and orientations during all expected operational conditions, including a rapid decompression where moisture in the air may condense.
c. Aural alerts must be loud enoughto be heard during all expected operational conditions, including a rapid decompression where the ambient noise level will mcrease.
Issued in Renton, Washington, on 

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# ~~;/?-- Michael Kaszycki Acting Manager, Transport Airplane Directorate Aircraft Certification Service

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