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 June 11, 2010 

Mr. Jayson Claar, 

Airframe and Cabin Safety Branch, ANM-115 

Transport Airplane Directorate, 

Aircraft Certification Service, 

Federal Aviation Administration, 

1601 Lind Ave. SW 

Renton, Washington 98005-4056 

cc: Mr. Ezra Sasson, Project Engineer 

 ANE-170, Special Certification Office 

SUBJECT: Petition for Exemption from 14 CFR §25.601, Amendment 25-0 for the 

Forward Lower Deck Alternating Tread Stairway and Main Deck to Upper 

Deck Curved Segmented Stairway. 

Re: Boeing 747-400, s/n 28343, HZ-HMI – Saudi Arabia Head of State Aircraft, VIP 

Configuration 

Ref: FAA Project no. ST5653NY-T 

BACKGROUND 

Boeing 747-468, S/N 28343 is to be modified for use as a VIP airplane. The Boeing Model 747-

468 airplane is FAA approved under Type Certificate A20WE as a large Transport Category 

airplane that is limited to 660 passengers or less, depending on the interior configuration. The 

VIP interior configuration proposed for STC certification includes taxi, takeoff, and landing 

seating provisions for 72 passengers. 

Forward Lower Deck Alternating Tread Stair: 

The forward lower cargo compartment is type approved as Class C. This compartment will be 

modified by removing the type approved cargo compartment container positioning system, 

cargo liner, smoke detection system and fire suppression system and installing a passenger rest 

interior as shown below that is occupiable only during flight. The rest area will include a smoke 

detection system. 
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Figure 1 

Forward Lower Lobe Passenger Rest Compartment 

Jet Aviation Engineering Services (JAES) proposes to use the entire forward lower lobe 

compartment as an in-flight accessible passenger rest compartment. The compartment is 

approximately 69 inches high after installation of the flooring and ceiling panels. The proposed 

configuration includes in-flight only seating for up to 18 occupants including a trained 

crewmember. The proposed in-flight only berthing capability will accommodate up to 11 

occupants. The forward lower lobe passenger rest compartment will consist of five side-facing 

divans that convert to bunk beds. The divans face inboard. Each divan will be capable of 

seating three occupants or berthing two occupants when in bed configuration. The divans are 

separated by bulkheads forward and aft and a curtain on the inboard side. A VIP sleeping room 

with a bed, chair and lavatory is located on the forward port side of the compartment. A pocket 

door separates the quarters from the rest of the compartment. A galley is located in the forward 

starboard side of the compartment. A second lavatory, coat storage, and flight attendant seat are 

also located in the compartment. 

For access to the forward lower lobe passenger rest compartment, JAES proposes to install an 

alternating tread stairway for the forward end of this compartment area and a secondary overhead 

hatch at the aft end as shown in the above interior configuration. The alternating tread stairway 

will have a bi-fold door at the top main deck level that will remain open whenever the 

compartment is occupied. The aft secondary access hatch door includes a ladder and opens into 

the main deck Medical Rom. 

Forward Secondary Ceiling 

Hatch 

Cargo Door 

Stairway Up 
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The stairway accessing the forward lower lobe passenger compartment will have an alternating 

tread design due to the angle of the stairway and space limitations as shown below. 

Figure 2 

Forward Lower Lobe Passenger Rest Compartment Primary Access

Forward 

View Looking Starboard View Looking Forward 

Port 

View Looking Down 

Storage 
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The secondary access will be provided through a hatch installed in the main deck medical room 

floor near FS 880 as shown below. A telescopic ladder will be attached to provide access to 

climb between the main deck and the forward lower deck passenger compartment. The design 

features of the hatch are the same as hatches providing access to the forward Class C Cargo 

Compartment on a Boeing 767-300 Series Airplane under Special Condition 25-286-SC that was 

part of the VIP interior approval under STC ST10373SC. 

Figure 3 

Forward Lower Lobe Passenger Rest Compartment Secondary Access 
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Figure 4 

Main Deck Hatch Location for Forward Lower Lobe Passenger Rest Compartment 

Secondary Access 

The forward lower lobe passenger rest compartment will be constructed of materials meeting the 

flammability standards (Appendix F, Parts I & II) for the cabin interior and will include smoke 

detectors. 

Access to the forward lower lobe passenger rest compartment would be limited to a maximum 17 

passengers plus one trained crewmember. The main deck stair doorway will be closed during 

taxi, takeoff and landing and will remain open when the forward lower lobe passenger 

compartment is occupied. Access would be allowed during flight but not during taxi, takeoff and 

landing nor during a fire. Ordinance signs will be installed to inform passengers when to fasten 

seat belts during turbulence and when to leave the forward lower lobe passenger rest 

compartment and return to the main deck or upper deck seats. 

Power outlets (110VAC) will be installed in the lower lobe compartment bay. These outlets will 

be powered only while the aircraft is parked or in flight and will be disabled during taxi, take-off 

and landing. 

As part of the safety enhancement necessary to allow occupancy of the forward lower lobe 

passenger rest compartment, a trained crewmember must be in the compartment any time it is 

occupied. Further, JAES proposes the installation of warning and emergency equipment, as 

defined for a lower lobe service compartment in Title 14 Code of Federal Regulations (14 CFR) 

25.819. 

Forward 
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Speakers, warning lights, and buzzers will be installed in the forward lower lobe compartment to 

warn occupants of turbulent conditions, the presence of smoke or fire, or the need to leave the 

area. A crew interphone will be provided for communications with the flight deck. In addition, 

emergency supplemental oxygen complying with § 25.1447(c)(1), Amendment 25-41, will be 

provided to all occupants and galley and lavatory areas in case of decompression. Fire 

extinguishers and smoke hoods will also be installed in the compartment. Illuminated 

emergency exit signs and electric floor path lighting will be installed to direct passengers to the 

forward stairway as the primary egress path and to the aft overhead hatch as the secondary egress 

path. 

Upper Deck Occupancy and Main Deck to Upper Deck Curved Segmented Stairway: 

As part of head of state VIP interior installation in Boeing 747-468 serial number 28343, JAES 

will install a curved segmented stairway between the main and upper decks (see Figures. 5 and 

6) to allow movement of passengers between decks. This will replace the straight segmented 

stairway between the upper and main decks (see Fig. 5) that is part of the aircraft type design. 

The new stairway is at the forward end of the upper deck and descends aft to the main deck. 

The upper deck seating in this aircraft for taxi, takeoff, landing and ground operations is limited 

to a single flight attendant. Passenger access to the upper deck during cruise is permitted. Stairs 

between two decks of an airplane are not addressed by 14 CFR Part 25. The stairway needs to be 

able to support movement and to ensure safe passage of the occupants to egress from the upper 

deck to the main deck during moderate turbulence and in-flight emergency. 
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Figure 5 

B747-468 Upper Deck Floor Plan Layout Before and After Modification for Taxi, Takeoff, 

Landing, and Ground Operations 

Starboard

Fwd 

A 

C 

C C 

C 

C 

C 

Flight Attendant Seat (1) 

Crew Seat (6) 

A

C
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Figure 6 

Curved Segmented Stairway Assembly (Varied Views) 

Descending 
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Figure 7 

Curved Segmented Stairway Assembly (Isometric View, Looking Fwd. & Left) 
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The FAA had issued Special Conditions to address additional safety standards for this type of 

stairway installation. These Special Conditions are necessary to ensure a level of safety 

equivalent to that provided by Part 25 of 14 CFR. These Special Conditions applicable to this 

type of stairway installation are as follows: 

 1. Special Conditions No. 25-61-NW-1 effective February 7, 1975 for passenger occupancy 

not to exceed 32 passengers on the upper deck B-747 Airplanes with spiral staircase was 

issued to The Boeing Commercial Airplane Company 

 2. Special Conditions No. 25-71-NW-3 effective August 27, 1976 was issued to The Boeing 

Commercial Airplane Company for the type certification of the Boeing Model 747 series 

airplane equipped with an upper deck capacity of 45 and a straight segmented stairway 

between passenger decks. 

 3. Modification of Special Conditions No. 25-71-NW-3 to address airplanes with a maximum 

seating capacity of 110 passengers on the upper deck with a straight segmented stairway. 

 4. Special Conditions 25-326-SC/Airbus A380-800 to address Stairways Between Decks 

DISCUSSION

14CFR Part 25 of the Federal Aviation Regulations governs design certification of Transport 

Category aircraft. The primary intent of these regulations, as written, are to be certain that 

Aircraft Manufacturers provide for the appropriate design features in their respective aircraft to 

meet the standards necessary to protect the traveling public. Clearly, there is a requirement “in 

the public interest” and in the interest of safety to provide regulatory guidelines for certification. 

However, it is also very clear these regulations are intended to regulate the certification of 

“commercial” aircraft, which are ‘for hire’ to the general public. 

While the greatest majority of these regulations represent a common sense inclusion for any 

aircraft regardless of its intended use, a few are obviously intended to regulate situations that are 

specific to an airline, or for hire operation. When a Transport Category aircraft is operated under 

CFR Part 91 and 91.501 and/or CFR Part 125, some of the 14 CFR 25 rules have acceptance 

criteria that are inappropriate, or are not compatible with this type of operation and the intended 

use of the aircraft. 
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Transport Category Aircraft intended for Private use, whether originally designed for private use 

or public, revenue-type operations and then utilized under CFR Part 91 or CFR Part 125, are 

used for personal (corporate) non-revenue operations, which represent significant operational 

differences from the typical revenue operation. The differences represented in these private 

operations can best be described as follows: 

1. Operation is limited to the private use of an individual(s), Corporation, or Government 

and does not include public - for hire - operations. 

2. Passenger capacity of the aircraft is significantly less than an equivalent aircraft in 

commercial operations. Typically, the capacity is less than 30% of that found in an airline 

configuration. 

3. Flight and Cabin Crews are typically highly trained, and far more familiar with the 

individual aircraft they are operating, since it is normally the primary aircraft on which 

they perform their duties. 

4. Security is extremely high in terms of access to the aircraft while on the ground and with 

respect to individuals boarding the aircraft. 

5. Passengers on these aircraft are typically repeat passengers and represent corporate 

employees or individual owners and family members. As a result, the passengers are far 

more familiar with the layout of the individual aircraft and the associated emergency 

equipment and exits. 

6. Custom interior layouts, furnishings, fixtures, furniture, cabinets, galleys, etc. are more 

representative of ‘Board Room’ type furnishings, than airline style interiors. Seat Pitch 

and Aisle Widths are typically substantially more spacious than an airline interior. 
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PETITION 

We respectfully request the FAA to issue an Exemption for the subject aircraft to 14 CFR 

§25.601, Amendment 25-0 for the Forward Lower Deck Alternating Tread Stairway and Main 

Deck to Upper Deck Curved Segmented Stairway. The reason for this exemption is for the 

aircraft configuration that is described on the previous pages that includes 1) passenger 

occupation of the lower lobe during flight; 2) passenger occupation of the upper deck during 

flight, and 3) taxi, takeoff, and landing occupation of a single flight attendant on the upper deck. 

This Petition is required due to the Kingdom of Saudi Arabia having determined these 

exemptions are necessary for the mission requirements for their head of state air transportation.. 

The aircraft is being modified at the Jet Aviation facility in Basel, Switzerland.. Therefore, there 

is a need to exercise this exemption outside of the United States. 

BASIS FOR EXEMPTION 

The aircraft that is the subject of this petition is a 747-400 aircraft. The aircraft is currently at the 

modification facility, Jet Aviation in Basel, Switzerland. It is a privately owned aircraft being 

modified with a head of state type interior. 

In addition, Jet Aviation proposes the following conditions as part of the type design of the 

Forward Lower Deck Alternating Tread Stairway and the Main Deck to Upper Deck Curved 

Segmented Stairway: 

Forward Lower Deck Alternating Tread Stair: 

1. All requirements except paragraph (f) of §25.819 must be met. For §25.819(f), the 

requirement of forward or aft facing seating, is omitted because the compartment will not 

be occupied during taxi, take-off and landing operations. 

2. The airplane is not operated for hire or offered for common carriage. This provision does 

not preclude the operator from receiving remuneration to the extent consistent with 

14 CFR parts 125 and 91, subpart F, as applicable. 

3. Occupancy of the forward lower lobe passenger rest compartment is limited to a 

maximum 17 passengers plus one trained crewmember. There must be 18 seats or berths 

in the forward lower lobe passenger rest compartment. Each approved seat and berth 

must be able to withstand the maximum flight loads when occupied. 

4. There must be appropriate placard(s) displayed in a conspicuous place at each entrance to 

the forward lower lobe passenger rest compartment to indicate: 

 (a) The maximum number of occupants allowed is 17 plus one trained crewmember; 
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 (b) That occupancy must include at least one crewmember who has been trained in the 

evacuation procedures for the forward lower lobe passenger rest compartment; 

 (c) That occupancy is prohibited during taxi, take-off and landing; 

 (d) That smoking is prohibited in the forward lower lobe passenger rest compartment; 

 (e) That hazardous quantities of flammable fluids, explosives, or other dangerous cargo 

are prohibited from the forward lower lobe passenger rest compartment; 

 (f) That stowage in the forward lower lobe passenger rest compartment must be limited 

to emergency equipment, airplane-supplied equipment (e.g., bedding), galley 

service items, lavatory amenities and small personal items; cargo or passenger 

baggage is not allowed. 

5. There must be at least one ashtray located conspicuously on or near the entry side of any 

entrance to the forward lower lobe passenger rest compartment. 

6. There must be a means to prevent passengers from entering the compartment in the event 

of an emergency or when no trained crewmember is present. 

7. The main deck stair doorway must be closed and locked during taxi, take-off and landing 

and must remain open when the forward lower lobe passenger compartment is occupied. 

When the main deck stair doorway is open, the stairs must be adequately illuminated to 

provide situational awareness for the occupants. 

8. For all doors installed in the evacuation routes, there must be a means to preclude anyone 

from being trapped inside the compartment. If a locking mechanism is installed, it must 

be capable of being unlocked from the outside without the aid of special tools. The lock 

must not prevent opening from the inside of the compartment at any time. 

9. There must be at least two emergency evacuation routes, each of which can be used by 

each occupant of the forward lower lobe passenger rest compartment to rapidly evacuate 

to the main cabin. The exit door/hatch for each route must be able to be closed from the 

main cabin after evacuation. In addition-- 

 (a) The routes must be located with one at each end of the compartment. 

 (b) The routes must be designed to minimize the possibility of blockage, which might 

result from fire, mechanical or structural failure, or persons standing on top of or 

against the escape route. If an evacuation route utilizes an area where normal 

movement of passengers occurs, it must be demonstrated that passengers would not 

impede egress to the main deck. At the point at which the evacuation route 

terminates from the aft overhead hatch into the Medical Room, special 

consideration must ensure that the hatch or door can be opened when a person, the 
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weight of a ninety-fifth percentile male, is standing on the hatch or door. The use of 

evacuation routes must not be dependent on any powered device. If there is low 

headroom at or near an evacuation route, provisions must be made to prevent or to 

protect occupants (of the forward lower lobe passenger rest compartment) from 

head injury. 

 (c) Emergency evacuation procedures, including the emergency evacuation of an 

incapacitated occupant from the forward lower lobe passenger rest compartment, 

must be established. All of these procedures must be transmitted to the airplane 

operator for incorporation into their training programs and appropriate operational 

manuals. 

 (d) There must be a limitation in the Airplane Flight Manual or other suitable means 

requiring that crewmembers be trained in the use of evacuation routes. 

10. There must be a means for the evacuation of an incapacitated person (representative of a 

95th percentile male) from the forward lower lobe passenger rest compartment to the 

passenger cabin floor. The evacuation must be demonstrated for all evacuation routes. A 

flight attendant or other crewmember (a total of one assistant within the forward lower 

lobe passenger rest compartment) may provide assistance in the evacuation. Additional 

assistance may be provided by up to three persons in the main passenger compartment. 

For evacuation routes having stairways, the additional assistants may descend down to 

one half the elevation change from the main deck to the lower deck compartment, or to 

the first landing, whichever is higher. 

11. The following signs and placards must be provided in the forward lower lobe passenger 

rest compartment: 

 (a) At least one exit sign, located near each exit, meeting the requirements of 

§25.812(b)(1)(i) at Amendment 25-58, except that a sign with reduced background 

area of no less than 5.3 square inches (excluding the letters) may be utilized, 

provided that it is installed such that the material surrounding the exit sign is light in 

color (e.g., white, cream, light beige). If the material surrounding the exit sign is not 

light in color, a sign with a minimum of a one-inch wide background border around 

the letters would also be acceptable; 

 (b) An appropriate placard located near each exit defining the location and the 

operating instructions for each evacuation route; 

 (c) Placards must be readable from a distance of 30 inches under emergency lighting 

conditions; and 

 (d) The exit handles and evacuation path operating instruction placards must be 

illuminated to at least 160 micro lamberts under emergency lighting conditions. 
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 (e) A visual means must be provided in the cockpit to advise the flight crew when the 

forward lower lobe access door is open. This is to ensure the flight crew is aware of 

that situation and can take appropriate action to evacuate the proposed forward 

lower lobe passenger compartment. This means must be active when the flaps are 

not retracted or the landing gear is deployed. 

 (f) There must be an “on/off” visual advisory/warning stating “No Entry” (or similar 

words) to be located outside and near the entrance door from the main deck to the 

proposed forward lower lobe passenger compartment. The advisory warning must 

be controlled from the flight deck. This is to prevent someone entering the proposed 

forward lower lobe passenger compartment when it is not supposed to be occupied. 

 (g) There must be both visible and audible advisory/warning means in the forward 

lower lobe passenger compartment to notify the occupants that they must exit the 

forward lower lobe passenger compartment. The visible and audible warning must 

be visible and audible from any part of the forward lower lobe passenger 

compartment. The visible and audible advisory/warning must be controlled from the 

flight deck. 

12. There must be a means in the event of failure of the aircraft's main power system, or of 

the normal forward lower lobe passenger rest compartment lighting system, for 

emergency illumination to be automatically provided for the forward lower lobe 

passenger rest compartment. 

 (a) This emergency illumination must be independent of the main lighting system. 

 (b) The sources of general cabin illumination may be common to both the emergency 

and the main lighting systems if the power supply to the emergency lighting system 

is independent of the power supply to the main lighting system. 

 (c) The illumination level must be sufficient for the occupants of the forward lower 

lobe passenger rest compartment to locate and transfer to the main passenger cabin 

floor by means of each evacuation route. This illumination level must be provided 

for sufficient time for all occupants to evacuate the compartment under worst case 

conditions. 

 (d) The illumination level must be sufficient with the privacy curtains in the closed 

position for each occupant of the forward lower lobe passenger rest compartment to 

locate a deployed oxygen mask. 
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13. There must be means for two-way voice communications between crewmembers on the 

flightdeck and occupants of the forward lower lobe passenger rest compartment. There 

must also be public address (PA) system microphones at each flight attendant seat 

required to be near a floor level exit in the passenger cabin per §25.785(h) at Amendment 

25-51. The PA system must allow two-way voice communications between flight 

attendants and the occupants of the forward lower lobe passenger rest compartment, 

except that one microphone may serve more than one exit provided the proximity of the 

exits allows unassisted verbal communication between seated flight attendants. 

14. There must be a means for manual activation of an aural emergency alarm system, 

audible during normal and emergency conditions, to enable crewmembers on the 

flightdeck and at each pair of required floor level emergency exits to alert occupants of 

the forward lower lobe passenger rest compartment of an emergency situation. Use of a 

public address or crew interphone system will be acceptable, provided an adequate means 

of differentiating between normal and emergency communications is incorporated. The 

system must be powered in flight for at least ten minutes after the shutdown or failure of 

all engines and auxiliary power units (APU) or the disconnection or failure of all power 

sources which are dependent on the continued operation of the engines and APUs. 

15. There must be a means, readily detectable by seated or standing occupants of the forward 

lower lobe passenger rest compartment, which indicates when seat belts should be 

fastened. In the event there are no seats, at least one means must be provided to cover 

anticipated turbulence (e.g., sufficient handholds). Seat belt type berthing restraints must 

be provided for berths and must be compatible for the sleeping attitude during cruise 

conditions. There must be a placard on each berth requiring that berthing restraints must 

be fastened when occupied. If compliance with any of the other requirements of these 

conditions is predicated on specific head location, there must be a placard identifying the 

head position. 

16. In lieu of the requirements specified in §25.1439(a) at Amendment 25-38 that pertain to 

isolated compartments and to provide a level of safety equivalent to that which is 

provided for occupants of a small isolated galley, the following equipment must be 

provided in the forward lower lobe passenger rest compartment: 

 (a) At least one approved hand-held fire extinguisher appropriate for the kinds of fires 

likely to occur; 

 (b) Two personal breathing equipment (PBE) devices approved to Technical Standard 

Order (TSO)-C116 or equivalent, suitable for fire fighting, or one PBE for each 

hand-held fire extinguisher, whichever is greater; and 

 (c) One flashlight. 
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17. A smoke or fire detection system (or systems) must be provided that monitors each 

occupiable area within the forward lower lobe passenger rest compartment, including 

those areas partitioned by curtains. Flight tests must be conducted to show compliance 

with this requirement. Each system (or systems) must provide: 

 (a) A visual indication to the flightdeck within one minute after the start of a fire; 

 (b) An aural warning in the forward lower lobe passenger rest compartment; and 

 (c) A warning in the main passenger cabin. This warning must be readily detectable by 

a flight attendant, taking into consideration the positioning of flight attendants 

throughout the main passenger compartment during various phases of flight. 

18. The forward lower lobe passenger rest compartment must be designed such that fires 

within the compartment can be controlled without a crewmember having to enter the 

compartment, or the design of the access provisions must allow crewmembers equipped 

for fire fighting to have unrestricted access to the compartment. The time for a 

crewmember on the main deck to react to the fire alarm, to don the fire fighting 

equipment, and to gain access must not exceed the time for the compartment to become 

smoke-filled, making it difficult to locate the fire source. 

19. There must be a means provided to exclude hazardous quantities of smoke or 

extinguishing agent originating in the forward lower lobe passenger rest compartment 

from entering any other compartment occupied by crewmembers or passengers. This 

means must include the time periods during the evacuation of the forward lower lobe 

passenger rest compartment and, if applicable, when accessing the forward lower lobe 

passenger rest compartment to manually fight a fire. Smoke entering any other 

compartment occupied by crewmembers or passengers when the access to the forward 

lower lobe passenger rest compartment is opened, during an emergency evacuation, must 

dissipate within five minutes after the access to the forward lower lobe passenger rest 

compartment is closed. Hazardous quantities of smoke may not enter any other 

compartment occupied by crewmembers or passengers during subsequent access to 

manually fight a fire in the forward lower lobe passenger rest compartment (the amount 

of smoke entrained by a firefighter exiting the forward lower lobe passenger rest 

compartment through the access is not considered hazardous). During the 1-minute 

smoke detection time, penetration of a small quantity of smoke from the forward lower 

lobe passenger rest compartment into an occupied area is acceptable provided it 

dissipates rapidly (i.e., less than 5 minutes). Flight tests must be conducted to show 

compliance with this requirement. 
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20. There must be a supplemental oxygen system within the passenger rest compartment as 

follows: 

 (a) There must be at least two masks for each berth, two masks for each seat that is not 

adjacent to another seat, and four masks for each divan that seats three occupants. 

 (b) There must also be an oxygen mask readily accessible to each occupant that can 

reasonably be expected to be either transitioning from the main cabin into the 

passenger rest compartment, transitioning within the rest compartment, or 

transitioning from the passenger rest compartment to the main cabin. 

 (c) The system must provide an aural and visual alert to warn the occupants of the 

passenger rest compartment to don oxygen masks in the event of decompression. 

The aural and visual alerts must activate concurrently with the deployment of the 

oxygen masks in the passenger cabin. To compensate for sleeping occupants, the 

aural alert must be heard in each section of the rest compartment and must sound 

continuously for a minimum of five minutes or until a reset switch within the rest 

compartment is activated. A visual alert that informs occupants that they must don 

an oxygen mask must be visible in each section. 

 (d) There must also be a means by which the oxygen masks can be manually deployed 

from the flight deck. 

 (e) Procedures for rest compartment occupants in the event of decompression must be 

established. These procedures must be transmitted to the operator for incorporation 

into their training programs and appropriate operational manuals. 

 (f) The supplemental oxygen system for the passenger rest shall meet the same 14 CFR 

part 25 regulations as the supplemental oxygen system for the passenger cabin 

occupants. 

 (g) The illumination level of the normal passenger rest compartment lighting system 

must be sufficient for each occupant of the compartment to locate a deployed 

oxygen mask. 

 (h) A placard indicating the location of a reclined occupant’s head is required if access 

to a deployed oxygen mask depends upon the orientation of the reclined occupant. 

21. The following requirements apply to the several sections divided by installation of 

curtains or partitions: 

 (a) A placard is required adjacent to each curtain that visually divides or separates, for 

privacy purposes, the passenger rest compartment into small sections. The placard 

must require that the curtain(s) remains open when the private section it creates is 

unoccupied. 
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 (b) For each section of the passenger rest compartment created by the installation of a 

curtain, the following requirements of these conditions must be met with the curtain 

open or closed: 

 (1) No smoking placard (Above condition 4(d)), 

 (2) Emergency illumination (Above condition 12), 

 (3) Emergency alarm system (Above condition 14), 

 (4) Seat belt fasten signal or return to seat signal as applicable (Above condition 

15.), 

 (5) The smoke or fire detection system (Above condition 17), and 

 (6) The oxygen system (Above condition 20). 

 

22. Where a waste disposal receptacle is fitted, it must be equipped with a built-in fire 

extinguisher designed to discharge automatically upon occurrence of a fire in the 

receptacle. 

23. Materials (including finishes or decorative surfaces applied to the materials) must comply 

with the flammability requirements of §25.853 at Amendment 25-59. Mattresses must 

comply with the flammability requirements of §25.853(b) and (c) at Amendment 25-59. 

24. All lavatories within the forward lower lobe passenger rest compartment are required to 

meet the same requirements as those for a lavatory installed on the main deck except with 

regard to above condition 17 for smoke detection. 

25. All enclosed stowage compartments within the forward lower lobe passenger rest 

compartment that are not limited to stowage of emergency equipment or airplanesupplied equipment (e.g., bedding) must meet the design criteria given in the table below. 

As indicated by the table below, this condition does not address enclosed stowage 

compartments greater than 200 ft3 in interior volume. The in-flight accessibility of very 

large enclosed stowage compartments and the subsequent impact on the crewmembers’ 

ability to effectively reach any part of the compartment with the contents of a hand fire 

extinguisher will require additional fire protection considerations similar to those 

required for inaccessible compartments such as Class C cargo compartments. 

Fire protection 

features 

Stowage compartment interior volumes 

less than 25 ft3 25 ft3 to 57 ft3 57 ft3 to 200 ft3

Materials of 

Construction 

(a)

Yes Yes Yes 

Detectors (b) No Yes Yes 

Liner (c) No No Yes 

Locating Device (d) No Yes Yes 
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 (a) Materials of Construction: 

 The material used to construct each enclosed stowage compartment must at least be 

fire resistant and must meet the flammability standards established for interior 

components per the requirements of §25.853. For compartments less than 25 ft3

 in 

interior volume, the design must ensure the ability to contain a fire likely to occur 

within the compartment under normal use. 

 (b) Detectors: 

 Enclosed stowage compartments equal to or exceeding 25 ft3 in interior volume 

must be provided with a smoke or fire detection system to ensure that a fire can be 

detected within a one-minute detection time. Flight tests must be conducted to show 

compliance with this requirement. Each system (or systems) must provide: 

 (1) A visual indication in the flightdeck within one minute after the start of a 

fire; 

 (2) An aural warning in the forward lower lobe passenger rest compartment; 

and 

 (3) A warning in the main passenger cabin. This warning must be readily 

detectable by a flight attendant, taking into consideration the positioning of 

flight attendants throughout the main passenger compartment during various 

phases of flight. 

 (c) Liner: 

 If it can be shown that the material used to construct the stowage compartment 

meets the flammability requirements of a liner for a Class B cargo compartment, 

then no liner would be required for enclosed stowage compartments equal to or 

greater than 25 ft3

 in interior volume but less than 57 ft3 in interior volume. For all 

enclosed stowage compartments equal to or greater than 57 ft3

 in interior volume 

but less than or equal to 200 ft3

, a liner must be provided that meets the 

requirements of §25.855 at Amendment 25-72 for a class B cargo compartment. 

 (d) Location Device: 

 Detector areas which contain enclosed stowage compartments exceeding 25 ft3

interior volume and which are located away from one central location such as the 

entry to the forward lower lobe passenger rest compartment or a common area 

within the forward lower lobe passenger rest compartment would require additional 

fire protection features and/or devices to assist the firefighter in determining the 

location of a fire. 

26. Training Manuals and Training must include: 

 (a) Use and actions associated with the warnings and placards specified herein. 
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 (b) Accessing and exiting the forward lower lobe passenger compartment including 

emergency evacuation (includes above conditions 5, 6, 7, 8, 9(a), 9(b), 9(c), 9(d), 

10. 

 (c) Maintaining an exit path aisle and access to the evacuation routes (associated with 

above condition 4(b). 

27. Each stairway and ladder between the forward lower lobe passenger compartment and the 

main deck must meet the following requirements: 

 (a) The stairway must be straight with adequate step size to comfortably stand on both 

feet. Handrails on each side of the stairway must allow support at any position on 

the stairs and allow people to steady themselves during foreseeable conditions, 

including, but not limited to, moderate turbulence in flight. The handrails must be 

constructed, so that there will be no obstruction on them which will cause the user 

to release his/her grip on the handrail or will hinder the continuous movement of the 

hands along the handrail. Handrails must be terminated in a manner which will not 

obstruct pedestrian travel or create a hazard. Adequacy of the design must be 

demonstrated by using persons representative of the 5% female and the 95% male. 

 (b) The ladder must be straight, one segment. 

 (c) The steps of the ladder must have essentially rectangular treads. Treads and 

landings must be designed and demonstrated to be free of hazard. The landing area 

at the lower lobe and main deck level must be demonstrated to be adequate in terms 

of flow rate for the maximum number of people that will be using the stair in an 

emergency. Treads and risers must be designed to ensure an easy and safe use of the 

stairway. 

 (d) General illumination must be provided so that, when measured along the centerlines 

of each tread of the stairway or ladder, the illumination is not less than 0.05 footcandle. In normal operation, the general illumination level must not be less than 

0.05 foot-candles. The assessment must be done under day light and dark of night 

conditions. 

 (e) The stairway must accommodate the carriage of an incapacitated person from the 

lower lobe to the main deck. The crew member procedures for such carriage must 

be established. 

 (f) The stairway must be designed such that evacuees can achieve an adequate rate for 

going up under probable emergency conditions, including a condition in which a 

person falls or is incapacitated while on a stairway. 
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 (g) The stairway must have a wall or the equivalent on each side to minimize the risk of 

falling and to facilitate use of the stairway under conditions of abnormal airplane 

attitude. 

 (h) The stairway and ladder ends must be indicated by an exit sign visible to passengers 

when in the stairway. This exit sign must meet the requirements of 

§25.812(b)(1)(ii). 

 (i) The public address system must be audible in the stairway during flight. 

 (j) "No smoking" and "return to seat" signs must be installed and must be visible in the 

stairway both going up and down and at the stairway entrances. 

 (k) Cabin crew procedures and positions must be established to manage the use of the 

stairs in flight under both normal and emergency situations. This may require that 

cabin crew members have specific dedicated duties for the management of the stairs 

during emergency and precautionary evacuations. 

 (l) It should not be hazardous for crew members or passengers who are returning to 

their seats to use the stairway during moderate turbulence. 

Upper Deck Occupancy and Main Deck to Upper Deck Curved Segmented Stairway: 

28. The airplane is not operated for hire or offered for common carriage. This provision does 

not preclude the operator from receiving remuneration to the extent consistent with 

14 CFR parts 125 and 91, subpart F, as applicable. 

29. Occupancy of the upper deck passenger compartment is limited to a maximum of 9 

passengers plus one flight attendant. There must be 9 seats or berths in the upper deck 

passenger compartment. Each approved seat and berth must be able to withstand the 

maximum flight loads when occupied. 

30. There must be appropriate placard(s) displayed in a conspicuous place at each entrance to 

the upper deck passenger compartment to indicate: 

 (a) The maximum number of passengers allowed in the upper deck during flight is 10 

including the flight attendant; 

 (b) In addition, at least one flight attendant must be in the upper deck at all times; 

 (c) That occupancy is prohibited during taxi, take-off and landing except by the flight 

attendant; 

 (d) That smoking is prohibited in the upper deck. 
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31. The following signs and placards must be provided in the upper deck passenger 

compartment: 

 (a) There must be both visible and audible advisory/warning means in the upper deck 

passenger compartment to notify the occupants that they must exit the 

compartment. The visible and audible warning must be visible and audible from any 

part of the upper deck passenger compartment. The visible and audible 

advisory/warning must be controlled from the flight deck. 

32. In lieu of the requirements specified in §25.1439(a) at Amendment 25-38 that pertain to 

isolated compartments and to provide a level of safety equivalent to that which is 

provided for occupants of a small isolated galley, the following equipment must be 

provided in the upper deck passenger compartment: 

 (a) At least one approved hand-held fire extinguisher appropriate for the kinds of fires 

likely to occur; 

 (b) Two personal breathing equipment (PBE) devices approved to Technical Standard 

Order (TSO)-C116 or equivalent, suitable for fire fighting, or one PBE for each 

hand-held fire extinguisher, whichever is greater; and 

 (c) One flashlight. 

33. Curved Segmented Staircase: 

In addition to the requirements of 14 CFR 25.811 through 25.813, the curved segmented 

staircase must be evaluated for the following: 

 (a) It must have entrance, exit, and gradient characteristics that would allow, with the 

airplane in level attitude and in each attitude resulting from the collapse of any one 

or more legs of the landing gear, the passengers of the upper deck, without 

assistance of a crewmember, to commingle with passengers of the main deck during 

an emergency evacuation and exit the aircraft through a main deck exit. This must 

be shown by demonstration, tests, analysis or any combination thereof. 

 (b) The stairway must have a handrail on at least one side in order to allow passengers 

to steady themselves during foreseeable conditions, including but not limited to the 

condition of gear collapse on the ground and moderate turbulence in flight. The 

handrails must be constructed, so that there will be no obstruction on them which 

will cause the user to release his/her grip on the handrail or will hinder the 

continuous movement of the hands along the handrail. Handrails must be 

terminated in a manner which will not obstruct passengers travel or create a hazard. 
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 (c) It must accommodate the carriage of an incapacitated person from the upper deck to 

the main deck. The crewmember procedures for such carriage must be established. 

 (d) It must be designed and located so as to provide evacuees an adequate descent rate 

under probable emergency conditions, including a condition in which a person falls 

or is incapacitated while on it. 

 (e) It must be designed and located to minimize damage to it during an emergency 

landing or ditching. 

 (f) General illumination must be provided so that when measured along the center lines 

of each tread and landing, the illumination is not less than 0.05 foot candle. 

 (g) Means must be provided to assist the occupants in locating the stairway in 

conditions of dense smoke. 

 (j) An emergency exit sign meeting § 25.812(b)(1)(i) must be provided in the upper 

deck near the stairway visible to passengers approaching along the main aisle as 

required by § 25.811(d)(1). 

 (k) The public address system must be audible in the stairway during all flight phases. 

 (l) "No smoking" and "return to seat" signs must be installed and must be visible in the 

stairway both going up and down and at the stairway entrances. 

 (m) Cabin crew procedures and positions must be established to manage the use of the 

stairs on the ground and in flight under both normal and emergency situations. This 

may require that cabin crew members have specific dedicated duties for the 

management of the stairs during emergency and precautionary evacuations. 

 (n) It should not be hazardous for crew members or passengers who are returning to 

their seats to use the stairway during moderate turbulence. 

 (o) The stairway must have a handrail on at least one side in order to allow people to 

steady themselves during foreseeable conditions, including but not limited to the 

condition of gear collapse on the ground and moderate turbulence in flight. The 

handrail(s) must be constructed, so that there will be no obstruction on them which 

will cause the user to release his/her grip on the handrail or will hinder the 

continuous movement of the hands along the handrail. Handrail(s) must be 

terminated in a manner, which will not obstruct pedestrian travel or create a hazard. 

Persons representative of the 5% female and the 95% male must demonstrate 

adequacy of the design. 
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34. Interdeck Communication: 

An intercom and a two-way alerting means between passenger decks and between each 

passenger deck and the flight deck must be provided that meet the following 

requirements: 

 (a) They must remain operable in the event of the loss of the main power supply. 

 (b) They must be capable of providing crewmembers on all decks an immediate 

indication of an emergency situation on any deck. 

35. Emergency Lighting System: 

In addition to the requirements of 14 CFR 25.812, the following apply: 

 (a) The upper deck emergency lighting system power supplies must be independent of 

the main deck emergency lighting system power supplies. 

 (b) The emergency lighting system must be designed so that after any single transverse 

vertical separation of the fuselage during a crash landing, not more than 25 percent 

of all required electrically illuminated emergency lights in the upper deck are 

rendered inoperative, in addition to the upper deck emergency lights that are 

directly damaged by the separation. 

36. Other factors to take into account: 

 (a) The familiarity of the crew and passengers with the specific aircraft and its 

associated emergency equipment and exits are a significant factor in the safety of 

this operation. 

IN THE PUBLIC INTEREST - The approval of this Petition for Exemption would 

demonstrate the FAA’s willingness to deal with the issues involved with this Exemption and 

would be in the Public Interest for the following reasons: 

There is no degradation of safety involved with this request and therefore no detrimental impact 

to the public at large; and 

1. Given the proliferation of Executive Configured Transport Category Aircraft currently 

taking place, and anticipated in the near future, this type of exemption will enable US 

manufacturers of transport category aircraft greater flexibility to effectively compete in 

this expanding market; and