UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the 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, Fleet Engineering- 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) of Title 14, Code of Federal Regulations (14 CFR). This 

exemption, if granted would permit the carriage of up to two supernumeraries in a crew rest 

module (CRM) located in the Class E cargo compartment of Boeing Model 767-300F and 767-

300 passenger airplanes converted to freighter airplanes. 

The petitioner requests relief from the following regulations: 

Section 25.785(j) at Amendment 25-88, requires that, if the seat backs do not provide a 

firm handhold, a handgrip or rail 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 of illumination more than 4 feet above the cabin aisle floor are totally 

obscured. In the dark of the night, the floor proximity emergency escape path marking 

must enable each passenger to -

• After leaving the passenger seat, visually identify the emergency escape path 

along the cabin aisle floor to the first exits or pair of exits forward and aft of the 

seat; and 
• Readily identify each exit from the emergency escape path by 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 on the airplane, the airplane must be used for carriage of cargo 

only. 

Section 25.1447(c)(2)(i) at Amendment 25-116, requires that each flight crewmember 

on flight deck duty must be 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 crewmember when 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 of 14 CFR: 

Section 121.583(a), contains, in pertinent part, a listing of categories of persons who may 

be carried aboard an airplane in part 121 service without complying with all ofthe 

requirements of part 121 pertaining to carriage of passengers. 

The petitioner supports its request with 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 of Transportation's Federal Docket 

Management System, on the Internet at http://regulations.gov, in Docket No. FAA-2015-1731. 

The main objectives of this request for exemption are to permit the carriage oftwo offduty crewmembers on an all-freighter airplane and permit entry of qualified 

supernumeraries into the CRM inside the cargo compartment during flight for the purpose 

of resting. 

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 of the installation of a smoke barrier to create a separation between the area 

of the Class E cargo compartment and the area of the proposed portable CRM installation 

in order to further substantiate the exemption request. 

Requested Regulatory Relief: 

Section 25. 785G): Relief is 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): Relief is 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 

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lighting and the proposed CRM lighting will be sufficient. In addition, flight crews inside 

the CRM are required to carry flashlights. 

Section 25.857(e): Relief is sought to permit carriage ofup to two persons in the CRM 

on all freighter airplanes which have a CRM in position 1 of the Class E cargo 

compartment beyond the flight crew of two. The CRM will be occupied only in flight, 

not to be occupied during taxi, takeoff, and landing. 

Section 25.1447(c)(2)(i): Rdiefis sought to permit the use of portable oxygen bottles 

with full-face mask instead of automatic dispensing units. 

Description of Aircraft: 

The 767-300F was manufactured under Type Certificate Data Sheet (TCDS) AlNM. The 

767-300BDSF (BeDek Special Freighter) was as well manufactured under TCDS AlNM 

as a passenger 767-300ER series model but later modified to a special freighter by Israel 

Aerospace Industries BeDek Aviation Group Supplemental Type Certificate (STC) 

ST02040SE. Boeing applied for an amended Type Certificate (TC) AlNM to derivate 

the 767-300ER passenger model into a freighter, the 767-300BCF (Boeing Converted 

Freighter). All three of these models include a Class E compartment in the main deck 

and a flight deck consisting of a supernumerary area, forward of the 9-g barrier 

RCB/smoke curtain. The flight deck area can provide a maximum of six (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 of the Model 767 Freighters (-300F/-300BCF/-300BDSF) is equipped 

with No. 2 left and right flight deck windows that can be open from inside, previously 

certified as flight crew emergency exits under TC AlNM. The right hand window has the 

capability to be opened from the outside of the airplane, and its means of opening is 

marked on the 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 

supernumerary persons may be carried, and provides specific instruction for preflight 

briefing. FedEx Express believes that an equivalent level of safety with the parts of the 

requirements from which relief is sought will be achieved by the design features of the 

CRM installation on the 767 Freighters (-300F/-300BCF/-300BDSF). 

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Crew Rest Module Configuration: 

The initial type certificate configuration addresses the access, during flight, to the cargo 

compartment as described per the 767-300F flight manual for only one person. The 767-

300BCF and 767-300BDSF are allowed to have four persons per respective 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/1 C for the 

purpose of providing 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) of the aircraft so the crew on duty 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 protect the 

CRM occupants and the aircraft. The equipment will be similar to the 777F 

system currently installed on FedEx Express aircraft. 

• Installation of an aural alert to alert the CRM occupants in the event of a rapid 

decompression or at the discretion of the flight crew on duty. 

• Installation of two 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 

compartment which will meet§§ 25.1439(a) and (b). The portable oxygen bottles 

meet the performance requirements of§ 25.1443(a) or§ 25.1443(b). 

• Installation of a fire extinguisher in the event of a fire will be installed in the 

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 in the 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 meet the requirements of§ 25.851 . 

• Installation of emergency lighting in the event of a complete loss of power. The 

lighting will be inside the CRM only so occupants could find a flashlight and/or 

don oxygen if required inside the CRM. The CRM occupants will be required to 

carry their own flashlights to walk from the CRM to their seats in the flight deck. 

There is no emergency lighting in the Class E compartment. However, similar to 

the 777F and MD11F, there are two dome lights inside their respective CRM, one 

of the 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 

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power per SAE ARP 1283A) of the Class E compartment just between 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 light just next to 

the crew el)try door way. 

• Installation of two-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 similar to the one installed on the 777F 

which is resettable once the system is in use. In addition, a public address (P A) 

will be available as a back up to the interphone system. 

• The CRM will also have means to control the airflow and temperature. The CRM 

general design requirements will meet Class 1 Rest Facility per Advisory Circular 

(AC) 121-31 and SAE ARP 410113 Crew Rest 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 of the 

occupants in the Class E compartment during flight: 

1. Flight crewmembers will be trained as a part of the standard 767 crew training on 

the proper use and emergency procedures 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. Prior to each flight, a flight crew member will brief each supernumerary on the 

use of exits, including instructions to inspect the ground to determine whether a 

safe landing can be achieved before using an assist means and emergency 

equipment. 

4. Prior to each flight, a flight crew member will brief each supernumerary on the 

opening and closing procedure of the RCB door. 

5. A maximum of two (2) occupants will be allowed to enter the 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 

indication to the user that oxygen is flowing. 

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b. The portable oxygen units must meet the performance requirements of 

§ 25.1443(a) or (b), or the equipment must be shown to protect the 

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's reach from the bunk beds. 

d. The supernumeraries must be trained in the use of the 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 of sufficient duration to allow the 

supernumeraries to return to their seats where additional oxygen is readily 

accessible for the remainder of the 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-flight briefing should inform 

supernumeraries that access to the CRM is limited to two off-duty flight crew. 

8. The CRM will have a fire extinguisher that meets the requirement of§ 25.851. 

9. In the event of a 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 of providing 

announcements from the cockpit to the courier area in addition to an interphone 

system. 

12. Installation of emergency lighting in the event of a complete loss of power. 

13. A smoke barrier will be installed to create a separation between the area of the 

Class E cargo compartment and the area of the portable CRM installation. The 

design of the smoke barrier and its installation will be such that hazardous 

amounts of smoke originating in the Class E cargo compartment is prevented from 

entering into the area of the 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 

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crew rest. The installation of the CRM in the Class E compartment provides a Class 1 

crew rest facility which will allow FedEx to support the flight crew rest requirements. 

The proposed CRM, as described, will provide an adequate level of safety 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 of the CRlvl to the RCB 

wall/door is slightly less than 22 inches. This distance is less than the average arm reach 

of the 5th percentile 40-year old Japanese female which is 25.7 inches per NASA-STD3000 Human Factors. FedEx believes that a firm handhold is not required to transition 

from the CRM to the RCB door. To transition from the CRM to the flight deck, the 

supernumeraries inside the CRM must open the RCB access door which requires the 

occupants to hold and tum the door latching mechanism thus providing a firm hold. 

Section 25.812(e): 

The CRM and the RCB access door are in such close proximity 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 CRM will be required to carry flashlights. 

The categories of the occupants for which the exemption is sought are qualified off-duty 

flight crew for the type of aircraft, in this case the 767, which meet all the requirements of 

§ 121.583 as well. Furthermore, they are instructed in the autonomous use of emergency 

equipment and emergency exit operation. 

FedEx Express will optimize their missions if they are permitted to have the CRM 

installed in the Class E compartment and allow personnel aboard the CRM during cargo 

flights, thus ensuring availability of rested flight crew in flight. 

Public Interest 

FedEx Express presents the argument that the granting of this exemption will be in the 

public interest by allowing FedEx Express to provide a Class 1 rest facility per AC 121-

31 for extended flights, thus reducing the flight crew fatigue and improving flight safety. 

The granting of this exemption will allow FedEx Express to compete with international 

freighter operators with similar configurations. If allowed 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 of a previously submitted petition and 

a summary of the petition was published for public comment on June 6, 2014 (79 FR 32806). 

Since the public was already allowed an opportunity to comment on the petition, and no 

comments were received, the FAA has determined that good cause exists for waiving the 

requirement for Federal Register publication for public comment in this case. The exemption 

would not set a precedent and any delay in acting on this petition would be detrimental to FedEx 

Express. 

The FAA's analysis 

The petitioner previously petitioned for relief from the above-mentioned regulations and was 

issued Denial ofExemption No. 11041 (Docket No. FAA-2014-0101). The FAA determined 

that the original proposed configuration of the crew rest module (CRM) would introduce 

unnecessary hazards to the occupants in the CRM from a fire inside the Class E cargo 

compartment. 

The petitioner has proposed to alter the previous configuration by adding a smoke barrier curtain 

aft of the CRM. We find it to be acceptable as the CRM is now located forward of the Class E 

cargo compartment smoke barrier. We also agree with the proposed limitations and conditions 

and have listed them under our decision 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 of this exemption are 

in addition to those found in the previously granted exemptions noted above. Those exemptions 

allow for the carriage of supernumeraries, allow access to the Class E cargo compartment during 

flight under specific circumstances, and contain emergency equipment requirements. 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. On the proposed airplane, we concur with the petitioner that an acceptable level of 

safety will be provided by the crew-operated visual/aural alerting system (a condition and 

limitation of the other exemptions noted above). These alerting systems enable the crew to 

indicate, at the onset of turbulence, that supernumeraries in the cargo compartment must return to 

their seats. The alerts must be recognized in accessible areas of the CRM and indicate, during 

turbulence, that persons must return 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 in the 

passenger areas of the airplane. Because of the close proximity between the rigid cargo barrier 

door and the CRM door, the lack of the floor-proximity, emergency escape path markings will 

not adversely impact the safety of the supernumeraries. 

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Supernumeraries must be trained regarding the location and use of oxygen equipment and the 

alerts that indicate the need to don oxygen equipment. The oxygen units must be sized 

adequately for continuous and uninterrupted use during worst-case flight duration following 

decompression. Since the occupants of the CRM are not acting as active crewmembers on the 

flight deck,§ 25.1447(c)(2)(i) does not apply to the module; therefore, no relief should 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. For these configurations, an aural 

decompression alert is not required to be recognizable in the Class E compartment if an 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 changed to be 

consistent with the AFM limitation. 

Based on the information-from the petitioner regarding the means of alerting 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 of oxygen 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 of the foregoing, I find that a partial 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, I grant FedEx Express an exemption from 14 CFR 25.7850), 25.812(e), and 

25.857(e). The exemption is granted to the extent necessary to allow type certification of Boeing 

Model 767 series freighter airplanes with provisions for the carriage of not more than two 

supernumeraries in a crew rest module forward of the smoke barrier during flight for the purpose 

ofresting. The petitioner is not granted an exemption from§ 25.1447(c)(2)(i) because it is not 

applicable in the crew rest module, as explained above. 

This exemption is subject to the conditions and limitations below. 

1. Flight crewmembers must be trained as a part of the standard Model 767 crew training on 

the proper use and emergency procedures 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 of two (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. 

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c. Prior to each flight, a flight crewmember must brief each supernumerary on the 

following: 

1. The use of the exits, including instructions to inspect the ground to 

determine whether a safe landing can be achieved before using an assist 

means and emergency equipment. 

11. The opening and closing procedure of the 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 of all alerts required by this exemption. 

4. Supernumerary Portable 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 crew rest 

module during flight. 

b. The portable oxygen units must meet the performance requirements of 

§ 25.1443(a) or (b), or the equipment must be shown to protect the 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 crew rest module and readily 

available to the crew rest 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 of sufficient duration to allow the supernumeraries to return to their seats 

where additional oxygen is readily accessible for the remainder of the 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, or equivalent, for 

access to the Class E cargo compartment. 

Access to the crew rest module is limited to two off-duty occupants. 

Flashlight must be carried by each occupant when using the crew rest module. 

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6. The crew rest module must have a fire extinguisher that meets the requirements of 

§ 25.851. 

7. In the event of a rapid decompression, the existing automatically activated aural alert 

must activate to alert the crew rest module occupants to activate and don their oxygen 

system. 

8. In the event of turbulence, smoke, or fire, the flight crew must activate the existing 

aural/visual alert system to alert crew rest module occupants to return to their seats. 

9. There must be an aircraft public address system capable of providing announcements 

from the cockpit to the crew rest module in addition to an interphone system. 

10. Installation of emergency lighting in case of a complete loss of power is required. Two 

flashlights must be installed forward of the 9g barrier for use when occupants enter the 

crew rest area. 

11. A smoke barrier must be installed to create a separation between the area of the Class E 

cargo compartment and the area of the portable crew rest module installation. The design 

of the smoke barrier and its installation must be such that a hazardous amount of smoke 

originating in the Class E cargo compartment is prevented from entering into the area of 

the portable crew rest module installation. 

12. Alerting Requirements 

a. Must be distinctive and effective. Alerts must distinguish between 1) 

decompression and 2) turbulence, smoke, or fire. 

b. Visual alerts must be 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 enough to be heard during all expected operational 

conditions, including a rapid decompression where the ambient noise level will 

mcrease. 

Issued in Renton, Washington, on SfP D 9 2015 

~~;/?--

Michael Kaszycki 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service 

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