Exemption No. 10703 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the petition of 

BaySys Technologies 

for an exemption from §§ 25.785(d), 

25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 

25.813(b), 25.813(e), 25.857(e), and 

25.1447(c)(1) of Title 14, Code of Federal 

Regulations 

Regulatory Docket No. FAA-2012-0361 

PARTIAL GRANT OF EXEMPTION 

By letter dated October 12, 2012, Nick Olmsted, Director of Certification, BaySys 

Technologies, PO 18321 Parkway, Melfa, Virginia, 23410, petitioned the Federal 

Aviation Administration for exemption from §§ 25.785(d), 25.807(c)(1), 25.807(c)(5), 

25.809(f)(1), 25.813(b), 25.813(e), 25.857(e), and 25.1447(c)(1) of Title 14, Code of 

Federal Regulations (14 CFR). The requested exemption, if granted, would permit relief 

from these regulations to allow carriage of 15 non-crewmembers (commonly referred to 

as supernumeraries) in a compartment behind the flight deck on Boeing Model 747-400F 

airplanes. 

The petitioner requests relief from the following regulations: 

Section 25.785(d), at Amendment 25-64 – “If the seat backs do not provide a 

firm hand hold, there must be a hand grip or rail along each aisle to enable 

occupants to steady themselves while using the aisles in moderately rough air.” 

Section 25.807(c)(1), at Amendment 25-67 – requires that one Type III 

passenger emergency exit be provided on each side of the fuselage. 

Section 25.807(c)(5), at Amendment 25-67 – requires that at least one pair of 

Type III passenger emergency exits be provided if Type IV exits are specified but 

cannot be located over the wing. 

Section 25.809(f)(1), at Amendment 25-47 – requires that a self-supporting 

escape slide or equivalent be provided as the assist means at passenger emergency 
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exits that are more than six (6) feet from the ground with all landing gear 

extended. 

Section 25.813(b), at Amendment 25-46 – “For each passenger emergency exit 

covered by § 25.809(f), there must be enough space next to the exit to allow a 

crewmember to assist in the evacuation of passengers without reducing the 

unobstructed width of the passageway below that required for the exit.” 

Section 25.813(e), at Amendment 25-46 – “No door may be installed in any 

partition between passenger compartments.” 

Section 25.857(e), at Amendment 25-60 – limits a Class E cargo compartment to 

airplanes used only for the carriage of cargo. 

Section 25.1447(c)(1), at Amendment 25-41 – requires, in pertinent part, that 

oxygen dispensing units must be automatically presented to the occupants before 

the cabin altitude exceeds 15,000 feet. 

Related sections of the regulations: 

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 the requirements of part 121 pertaining to carriage of passengers. 

The petitioner supports its request with the following information: 

This section quotes, in pertinent part, 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-2012-0361. 

1) Airplane Model 

This petition is submitted in support of modifications to a Boeing B747-400F 

freighter Supplemental Type Certificate (STC) project number ST15315LA-T. 

The applicable Type Certificate Data Sheet is A20WE with a certification basis of 

Part 25 of the FAR effective February 1, 1965, as amended by Amendments 25-1 

through 25-67. This submission is an update to the prior submissions, comments 

and teleconferences. Changes are marked by change bars in the margins. 

2) Regulations 

A supplemental type certificate (STC) project has been submitted to the FAA 

Aircraft Certification Office in support of this project. In order to comply with 

14 CFR regulations, this petition is therefore submitted to request that the 

identified model airplane as identified in this STC project be exempted from 14 

CFR part 25 Regulations: 

 25.785(d) (amendment 25-64), Firm handhold on the main cargo deck; 

 25.807(c)(1) (amendment 25-67), two Type III exits, one on each side on 

the upper deck; 
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 25.807(c)(5) (amendment 25-67), requirement for Type III exit in lieu of 

Type IV due to overwing constraints ; 

 25.809(f)(1) (amendment 25-47), Assist mechanism (slide) from 

Emergency exits 

 25.813(b) (amendment 25-46), assist space next to emergency exits; 

 25.813(e) prohibits installation of interior doors between passenger 

compartments. 

 25.857(e) (amendment 25-60), Class E cargo compartment use for cargo 

only; 

 25.1447(c)(1) (amendment 25-41) automatic presentation of O2 masks 

while in cargo bay. 

In addition, this petition proposes a definition of Supernumeraries who may have 

limited access to the main deck cargo compartment, that mirrors the 

classifications listed in 14CFR 121.583 (a)(1)-(7). 

3) Purpose 

The owner/operator of the aircraft desires to use this freighter aircraft for types of 

cargo that require care, or inspection, or both, during flight (e.g., live animals 

and/or hazardous materials), in addition to continuing the original mission of 

carrying cargo freight. To support this usage of the aircraft, the owner/operator 

has requested to increase the number of personnel carried on the upper deck from 

8 persons @ taxi, takeoff and landing (TT&L) (comprising of 10 seats - four seats 

on the flight deck and six seats on the upper deck) to a maximum total of 19 

TT&L seats (four flight crew seats on the flight deck and up to 15 additional 

persons). These additional 15 persons may be qualified as Supernumeraries as 

defined herein, and once trained and qualified and during specific flight 

operations as listed below, may be permitted access to the main deck cargo area in 

flight under limitations listed below. The designation of and purpose of 

supernumeraries is discussed in subparagraph 5.a.3. below. As these purposes and 

the necessary configuration of the aircraft is not in accord with the regulations of 

14 CFR part 25; this petition is therefore submitted to request specific exemptions 

from 14CFR part 25 regulations. 

Summary of the proposed operations of the aircraft and applicability of this 

proposed exemption [hereafter referred to as “operation type,” by alpha 

designator]: 

A. Operations for cargo flights with carriage of live animals on the main cargo 

deck that require care and inspection during flight, or cargo flights configured 

for animal carriage; with the following cargo excluded from carriage: 

hazardous material whose carriage is governed by regulations in 49 CFR Part 

175, ignition sources (open flame, articles producing sparks, hot surfaces), 

lithium batteries, explosives, radioactive materials, flammable liquid fuel, 

oxidizers, plutonium, dry ice. For these operations for carriage of, or 

configured for carriage of live animals, the maximum proposed TTL person 
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count is 19 on the upper deck, of which 15 may be designated as 

Supernumeraries who, when trained and qualified, may be authorized access 

to the main cargo deck during flight under limitations proposed herein. During 

these operations and in case of emergency landing, the egress path and related 

cargo deck limitations are as proposed herein. 

B. Operations as originally specified in the TCDS; carrying cargo; with a 

maximum of 8 persons on upper deck as per TCDS, with no access to the 

main cargo deck during flight. During these operations the emergency egress 

path is as originally designated per TCDS, via the upper deck R1 right door or 

Flight Deck emergency hatch. 

C. Operations carrying cargo on the main deck that require care and/or 

inspection during flight; types of cargo are unchanged from those permitted 

by original TCDS; A maximum of 8 persons may be carried on the upper 

deck; A maximum of three supernumeraries may, when trained and qualified, 

be authorized access to the main deck in flight with limitations listed in this 

exemption; supernumeraries are limited to the categories specified in §§ 

121.583(a). During these operations the emergency egress path is as originally 

designated per TCDS, via the upper deck R1 right door or Flight Deck 

emergency hatch. 

4) References 

1. Type Certificate Data Sheet A20WE, Boeing 747 

2. FAA Exemption 1870E, pertaining to B747-400F: Exemption from 14 

CFR 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), Allowance of 

non-crew members on the upper deck of 747-200F, 747-200C, certain 

747-100 airplanes when in the main deck cargo configuration, and 

747-400F. (Exemption No. 1870E dated September 8, 1993) 

3. FAA Exemption 6463, pertaining to B747-100/200 cargo aircraft. 

4. FAA Exemption 7900, pertaining to B747-100/200 cargo aircraft. 

5. FAA Exemption 8587B, pertaining to B747-400 (“combi”) aircraft 

6. FAA Exemption 8536A, pertaining to Boeing 747-100, 747-100B, 

747-100B SUD, 747-200B, 747-200C, 747-200F, 747-400, 747-400F. 

7. NM-09-27, Special Airworthiness Information Bulletin: In-flight 

access to Class E cargo compartments, May 12, 2009 

8. FAA STC project number ST15315LA-T 

9. Telecon on August 29, 2012 between BaySys and the FAA. 

5) Specific Relief 

a. 25.785(d) (amendment 25-64) – seat-back handgrips or aisle rails 
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1. We note that Exemption 8587B grants an identical petition for 

25.785(j) (at a newer amendment), for relief from firm handhold for a 

similar proposal. 

2. The main cargo deck does not have a handrail installed, nor bag bins. 

The likely configuration will contain only cargo boxes, including those 

with live animals, and may also have empty pallet locations. Therefore 

there will be walls upon which to lean but no specific firm handholds 

the length of the main cargo deck. 

3. Purpose of personnel on the main cargo deck in flight: 

a. In order to optimize the usage of the Boeing Model 747-400F as a 

cargo airplane carrying animals or other cargo requiring care, 

operators need to be able to accompany their cargo by people 

whose function is to take care of sensitive cargo and loading and 

unloading tasks at any port of arrival. Their presence in the aircraft 

ensures they will be immediately available on arrival to handle the 

cargo. This is most important in case of transport of perishable 

goods, items of value, etc. 

b. Some of the cargo items being transported may include live 

animals, hazardous materials, or valuable or perishable goods that 

cannot be left unattended, even for the duration of the flight, and 

the presence of personnel trained and qualified in their handling is 

necessary on the aircraft on which they are carried. In-flight 

inspection of the cargo, especially live animals and hazardous 

materials, enhances safety. 

c. Some of the locations serviced by the cargo carriers may not have 

ground maintenance centers capable of performing necessary tasks 

for the operator aircraft nor passenger flights to carry maintenance 

personnel to the location. The ability to transport company 

maintenance personnel on company flights increases flexibility of 

operation. 

d. Non-crewmember passengers carried on Boeing Model 747-400F 

airplanes are limited. These non-crewmembers, referred to below 

as “supernumeraries”, shall be: 

(i) physically capable of performing their emergency and 

normal cargo handling duties; and 

(ii) briefed in the aircraft-specific limitations and use of 

emergency equipment; and 

(iii) Permitted access to the main cargo deck during climb, cruise 

and descent segments of flight in accord with limitations of 

this exemption and the approved STC. 

e. “Supernumeraries” per 121.583 (a)(1) thru (7) may include: 

(i) A crewmember. 
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(ii) A company employee. 

(iii) An FAA air carrier inspector, a DOD commercial air carrier 

evaluator, or an authorized representative of the National 

Transportation Safety Board, who is performing official 

duties 

(iv) A person necessary for— 

1. The safety of the flight; 

2. The safe handling of animals; 

3. The security of valuable or confidential cargo; 

4. The preservation of fragile or perishable cargo; 

5. Experiments on, or testing of, cargo containers or cargo 

handling devices; 

6. The operation of special equipment for loading or 

unloading cargo; and 

7. The loading or unloading of outsize cargo. 

8. A person described in paragraph IV, when traveling to or 

from his assignment. 

9. A person performing duty as an honor guard 

accompanying a shipment made by or under the authority 

of the United States. 

10. A military courier, military route supervisor, military 

cargo contract coordinator, or a flight crewmember of 

another military cargo contract air carrier or commercial 

operator, carried by a military cargo contract air carrier or 

commercial operator in operations under a military cargo 

contract, if that carriage is specifically authorized by the 

appropriate armed forces. 

(v) Supernumeraries will be permitted access to the main cargo 

deck during climb, cruise, and descent portions of flight in 

accord with limitations expressed in this exemption petition. 

1. Operation A. Maximum 15 supernumeraries may be 

permitted access to the main deck during climb or cruise 

during flight operations type “A” as defined above, 

subject to limitations listed in this document. 

2. Operation B. No persons are permitted access to main 

deck during flight. 

3. Operation C. Maximum 3 supernumeraries may be 

permitted access to the main deck during climb or cruise 
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during flight operations type C as defined above, subject 

to limitations listed in this document. 

f. Supplemental Oxygen will be discussed in a separate paragraph. 

g. A smoke barrier will be established and maintained to isolate the 

upper deck at all times, except during passage through the barrier 

as a Supernumerary ascends or descends to the main cargo deck. 

h. Handhold provisions in the upper deck per the requirements of 

[14] CFR 25.785(j) are retained from the passenger configuration. 

Since installation of handholds in the main deck cargo 

compartment is impractical, an acceptable level of safety is 

provided by the crew operated alert system ability to indicate, at 

the onset of turbulence to Supernumeraries in the cargo 

compartment, to return to their seats. This mitigation parallels that 

approved in similar FAA approved exemptions for 747 cargo 

aircraft. 

i. Alerting. We propose installation of a modified Aural-Visual 

alerting system. This installation will also require [Airplane] Flight 

Manual [AFM] Supplement limitations for operations and preflight 

briefings. There are two separate alerts: 

(i) Decompression and Smoke/Fire Alert: 

An automatically activated aural and visual decompression 

and smoke/fire alert will be provided and immediately 

recognizable in accessible areas of the Class E cargo 

compartment to notify supernumeraries when to don the 

portable oxygen units, return to their seats and ensure that the 

smoke barrier is secured (i.e., the doors are closed). As a 

backup to the automated alert system, the flightcrew will be 

able to manually activate the alerts. The pre-flight briefing 

will include training in the sound of the alert, the meaning of 

the alert, and the response to the alert (i.e., procedures for 

donning the masks and activating the flow of oxygen). 

(ii) Turbulence Alert: 

A flightcrew member operated visual alert, which is 

recognized in the supernumerary seating area and in 

accessible areas in the Class E cargo compartment, will be 

installed to indicate, during turbulence or predicted 

turbulence, that persons must return to their seats. The alert 

will be clearly distinguishable from the decompression/fire/ 

smoke alert, so that supernumeraries do not waste time 

putting on the oxygen masks before returning to their seats. 

Appropriate procedures and limitations must be established 

to ensure that the flightcrew member alerts the 

supernumeraries to return to their seats at the onset of 
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turbulence. The pre-flight briefing must explain this alert to 

the supernumeraries. 

(iii) Alerting Requirements: 

1. Each shall be distinctive and effective. The alert for 

turbulence will be clearly distinguishable from the alert 

for decompression & fire/smoke. 

2. Visual alerts will be visible from all occupant locations 

and orientations, during all expected operational 

conditions including a rapid decompression where 

moisture in the air may condense. 

3. Aural alerts will be loud enough to be heard during all 

expected operational conditions including a rapid 

decompression where the ambient noise level will 

increase. 

j. The Public address system will be extended to the main cargo deck; to 

permit announcements from the flight deck or any interphone 

location. 

k. Intercom phones (interphone) will also be placed on the main cargo 

deck for two way communications. 

l. A Flight Manual supplement shall include the requirement for flight 

crew pre-flight briefing of the Supernumeraries, including procedures 

of egress to the Class E compartment, and of emergency procedures 

including the aural-visual alert signals, smoking, emergency exits, 

safety equipment, etc. Flight Manual supplement shall include the 

flight crew procedures related to the operation of Class E aural-visual 

alert signals. 

m. This modification includes a limitation that this aircraft be operated 

on a private, not-for-common-carriage-of-passengers basis. 

b. 25.807(c)(1) (25-67) 

Provides, in part, a requirement for Two Type III exits, one on each side 

on the upper deck, for a passenger (TTL) count of between 10 through 19. 

See discussion in para c below 

c. 25.807(c)(5) (25-67) – Type III exit in lieu of Type IV exit 

1. We note that Exemption 1870E grants a similar exemption from these 

regulations; 1870E applies to this aircraft by model; however the new 

proposed configuration exceeds the limitations of number of persons 

per 1870E and the TCDS; nor does 1870E permit access to the main 

cargo deck in flight. 

2. Configuration of TTL on upper deck with respect to egress: 

Right Side 
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a. This aircraft upper deck currently has a right hand door that measures 

24”x48” (and meets Type I size, which is larger than Types II, III, 

IV); As this exit has a step up feature, it cannot properly be classified 

as a Type I. However, it was approved for emergency exit for the 

quantity of persons in flight deck and upper deck seating per 1870 

original grant of exemption. An escape slide device is on this door 

that is manually deployed and automatically inflated; this slide is 

capable of withstanding a 25 knot wind. We propose to maintain this 

slide. 

b. In accord with exemptions 8536A and 8587A, this door with 

manually deployed and automatically inflated slide has been approved 

for evacuation of up to 24 persons in a similar aircraft; therefore we 

estimate that all 19 persons proposed as the maximum count in this 

petition could safely exit from the right side of the aircraft in the 

event of an emergency landing. 

c. As an alternative, in case this door is found unacceptable as 

configured, a modification to install supplemental inertial drop reels 

to provide for evacuation of up to all 19 persons from the upper deck 

via the right hand door would be proposed. As this mitigation is 

already approved for up to 19 persons on the upper deck per TCDS 

A20WE in the case of the 747-200F, we believe this would be 

acceptable without demonstration of a right hand evacuation. 

Left Side 

d. There is also an existing emergency hatch located on the left flight 

deck that currently satisfies the flight crew escape requirements per 

25.805. This was approved in Exemption 1870 for use as the second 

exit for upper deck passengers, using inertial drop reels and harness 

provisions that are installed in the overhead of the upper deck, to a 

maximum of 8 persons. 

(i) In accord with exemptions 8170 (initial through E), this 

hatch with inertial drop reels has been approved for 

evacuation of up to 8 persons. 

(ii) Therefore if the upper passengers are increased to 19, then 11 

of those [who] would need to use an alternate path is shown 

to be compliant. 

(iii) We therefore propose an alternate left side path for 

evacuation for at least 11 of the 19 persons proposed for 

upper deck TTL positions. 

e. Lower Deck evacuation left side, required any time more than 8 

persons are carried on the upper deck. 

(i) We propose that a second left hand side door, L1 on the main 

cargo deck, be utilized for evacuation on the left hand side, in 

case the upper right hand door is blocked and only the 

emergency hatch is available on the left side. 
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(ii) There are several precedents for use of a main deck exit for 

passengers seated at TT&L on the upper deck, reference the 

type certificate A20WE, for 747’s configured for commercial 

operations. Reference TCDS A20WE and special conditions 

25-61-NW-1, 25-71-NW-3; and 25-430-SC. The situation in 

this aircraft is more conservative than a passenger configured 

aircraft: in that this aircraft is intended for public use and the 

upper deck passengers would be “Supernumeraries” (both 

physically qualified and specifically trained in the aircraft 

configuration and evacuation procedures). This 

training/qualification process can be reasonably expected to 

ensure that Supernumeraries are more physically able and 

more mentally ready (than the average commercial 

passengers) to evacuate the upper deck, if necessary, via the 

stair to the main deck and then out the L1 door. We propose 

to demonstrate this by test. As discussed in reference (9) 

teleconference, evacuation demonstration testing will not be 

required. 

(iii) Moreover, we propose that the stair between upper deck and 

main cargo deck be constrained during operations A & D 

(when supernumeraries may access the main cargo deck in 

flight) by conditions similar to those of 25-430-SC; 

specifically: 

1. The stairway must be essentially straight. 

2. The stairway must have essentially rectangular treads. 

3. With the airplane in level attitude and in each attitude 

resulting from the collapse of one or more legs of the 

landing gear, the stairway must have entrance, exit, and 

gradient characteristics that allow the upper deck 

supernumeraries to evacuate and exit the airplane through 

the L1 main deck exit. This must be shown by 

demonstration, tests, analysis, or any combination 

thereof. 

4. The stairway must accommodate the carriage of an 

incapacitated occupant from the upper deck to the main 

deck. The crewmember procedures for such carriage must 

be established and included in the airplane flight manual. 

5. The stairway must be located to provide occupants an 

adequate descent rate under probable emergency 

conditions, including a condition in which an occupant 

falls or is incapacitated while on the stairway. 

6. The stairway must be designed and located to minimize 

damage to its structure during an emergency landing or 

ditching. 
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7. General illumination must be provided so, when 

measured along the center lines of each tread and landing, 

the illumination is not less than 0.05 foot-candle. This is 

in lieu of compliance with Sec. 25.812(c), at Amendment 

25-116. 

8. Means must be provided to assist supernumeraries in 

locating the stairway in dense smoke conditions as part of 

compliance with Sec. 25.811(c), at Amendment 25-88. 

9. An emergency exit sign meeting Sec. 25.812(b)(1)(i), at 

Amendment 25-116, must be provided in the upper deck 

near the stairway visible to supernumeraries on the upper 

deck as required by Sec. 25.811(d)(1), at Amendment 25-

88. 

10. Floor proximity lighting required by Sec. 25.812(e), at 

Amendment 25-120, must be provided along the stairs. 

11. The stairway must have a handrail on at least one side to 

allow occupants to steady themselves during foreseeable 

conditions, including but not limited to, gear collapse on 

the ground and moderate turbulence in flight. The 

handrail(s) must be constructed so there is no obstruction 

on them that will cause the user to release his/her grip or 

hinder the continuous movement of the hands along the 

handrail. Handrail(s) must be terminated in a manner that 

will not interfere with occupants walking by or create a 

hazard (such as catching clothing). Petitioner must 

demonstrate that the design can accommodate the stature 

of a fifth percentile female and a ninety-fifth percentile 

male. 

12. The public address system must be intelligible in the 

stairway during all flight phases. 

13. “No smoking” and “return to seat” signs must be installed 

and visible in the stairway both going up and down and at 

the stairway entrances. 

14. During any flight operation where more than eight 

persons are on the flight, the stair must remain installed 

between upper and main decks during the entire duration 

of the flight. 

15. Demonstrate that a liferaft can be transported from the 

upper deck to the main deck with the assistance of two 

people. 

(iv) Comments on the Stair: In the event of failure of landing gear 

on one side, and aircraft tipover, calculations show that the 

maximum increased angle will be approximately five 
12 

degrees. The existing stair, with both non-skid treads and 

firm railing, is easily navigable at any angle both plus and 

minus five degrees for a physically fit individual. The writer 

draws on 20 years of commissioned Naval service on 

numerous US Naval ships and 12 years of actual continuous 

sea time, climbing similar stairs in all weather and sea states 

both inside and external to the ship with roll & pitch 

exceeding 5 degrees and the additional constraint of yaw, in 

stating this opinion. 

f. Discussion of Smoke propagation. 

(i) In reference 9, the FAA requested BaySys provide test data 

showing concentration /density of smoke present in the 

stairwell, upper deck and flight deck under specified 

conditions; BaySys will conduct such testing. A copy of the 

company test plan will be provided to the FAA, as well as the 

results, including video documentation. 

(ii) This testing will document whether there is a significant 

“smoke chimney” effect in case of emergency landing where 

ECS is turned off and evacuation is ordered, and both the 

emergency hatch and the L1 door are used, thereby 

potentially introducing a path for smoke propagation via the 

stair into the upper deck and out the right upper deck door 

and/or emergency hatch. We note that the aircraft is not yet 

modified in any way to include the proposed changes to the 

smoke barrier, emergency lighting, etc; therefore the testing 

for smoke demonstration (and evacuation) will be in 

conditions more severe than anticipated in the aircraft. 

(iii) Company testing data will show not only an anticipated level 

of smoke but also the ability of a crew to exit via the stairs 

and L1 door in dense smoke conditions, within acceptable 

timeframes. The company test plan includes 

training/qualification of a similar nature that will be required 

of “supernumeraries” as discussed in this petition. As 

discussed in reference (9) teleconference, evacuation 

demonstration testing will not be required. 

(iv) Due to the nearly straight path down the stair and out the L1 

door, and arms-length distance between the bottom of the 

stair and the L1 door, we believe that it is very likely that a 

trained, qualified and physically fit crew can don breathing 

devices/masks, descend the stairs and exit the L1 door within 

90 seconds. In addition, if shown necessary by an excessive 

smoke chimney effect during company testing, we also 

believe the flight deck crew can also don breathing 

devices/masks and exit the emergency hatch within 90 

seconds. 
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g. Proposed Limitations include: 

(i) Installation of at least 11 inertia reels on the main deck 

adjacent to the main deck entry door. 

(ii) Requirement to maintain the stair locked in the down 

position during all phases of flight when TTL count exceeds 

8; 

(iii) Requirement that the smoke barrier be frangible, if the smoke 

barrier is of a solid construction. 

(iv) Meet the proposed limitations listed above in paragraph 

(5.c.2.e.iii) 

(v) Demonstration by test that at least 11 of 19 persons can 

descend and exit via the L1 door; including an incapacitated 

person, with a goal to show that all 19 persons located on the 

upper deck are able to exit within the prescribed 90 second 

time limit. As discussed in reference (9) teleconference, 

evacuation demonstration testing will not be required. 

(vi) Flight Manual entries that mandate these operational 

limitations. 

(vii) Inclusion of this evacuation plan in the FAA approved 

training plan for this exemption & STC. 

d. 25.809(f)(1) (25-47) – passenger emergency exit provisions 

1. We note that Exemption 1870E grants a similar exemption for these 

regulations; 1870E applies to this aircraft by model; however the new 

proposed configuration exceeds the limitations of number of persons; 

nor does 1870E permit access to the main cargo deck in flight. 

2. On the right side of the aircraft, 

a. While 25.809(f)(1) requires automatically deploying assist means, we 

note that the right hand door already is configured with manually 

opened door with an automatically deployed slide that meets the 

requirements of 25.809(f)(1). Citing the precedent of 1870E and 

Boeing’s reported experience with 747 model aircraft equipped with 

this means as discussed in 1870E, we feel that this right hand door 

provides an adequate means of egress when combined with 

limitations on Supernumeraries as discussed above, e.g. “..physically 

capable” and “...specifically briefed” for up to 19 persons as proposed 

in this petition. This escape means has been demonstrated to be 

effective at providing safe evacuation of occupants to the ground. 

b. A large number of Boeing 747-200F/200C and 400F aircraft have the 

manually deploying slide; commonality of configuration and crew 

training is an economic benefit. 
14 

c. A Boeing survey of similar aircraft (discussed in 1870E), documented 

that the majority of affected airplanes in service are equipped with 

manually deployed slides. No adverse experience has been reported 

with these manually deployed slides provided for specially trained 

“crew,” which suggests the validity of a determination at this point to 

continue to allow them. 

d. All the persons carried as supernumeraries will be specially trained 

and qualified in the escape methods listed above; moreover none of 

these persons will be “commercial” or fare-paying. Therefore a higher 

expectation of their capability and familiarity with the exit systems is 

anticipated. 

e. The Boeing 747 installed slides per the Type Certificate meet the 

existing 25 knot wind requirement; we propose to maintain this 

capability without change. 

f. As an alternative in case this door is found unacceptable as 

configured, a modification to install supplemental inertial drop reels 

to provide for evacuation of up to all 19 persons from the upper deck 

via the right hand door would be proposed. As this mitigation is 

already approved for up to 19 persons on the upper deck per TCDS 

A20WE in the case of the 747-200F, we believe this would be 

acceptable without demonstration of a right hand evacuation 

demonstration. 

3. On the left side of the aircraft, 

a. The overhead hatch is outside this regulation and discussed 

elsewhere, approved for use by up to 8 persons with use of inertial 

drop reels. 

b. The activation of the L1 door entails installation of at least 11 inertia 

reels on the main deck adjacent to the main deck entry door. 

4. We estimate that, if our proposal to use the existing right hand door as 

is and modify L1 to add at least 11 inertia reels, the proposed new 

configuration will be in compliance; however we request to be 

exempted from the “automatically deployed” requirement of 25.809 as 

the inertial drop reels provide adequate means to escape but do not 

automatically erect as required. 

e. 25.813(b) (25-46) – assist space next to emergency exits 

1. We note that Exemption 1870E grants a similar exemption for these 

regulations; 1870E applies to this aircraft by model; however the new 

proposed configuration exceeds the limitations of number of persons; 

nor does 1870E permit access to the main cargo deck in flight. 

2. Assist space configurations. 

a. The upper deck right hand door exit does not have adequate space to 

provide the required assist space during an evacuation. 
15 

b. Adequate space has been demonstrated to be available in the cockpit 

for flight crew to assist “crew” in evacuating from the cockpit hatch. 

c. Adequate space exists in the vicinity of the L1 door exit to provide 

assistance during evacuation. 

3. The flight crew and the supernumeraries will both be specially trained 

and benefit from a higher level of aircraft knowledge than the common 

public on a commercial carrier. Their training will include the safety 

procedures and evacuation methods to include upper deck slides, 

evacuation, and the inertial reels/harnesses. As the inhabitants will not 

be paying passengers but rather be either flight crew or specially 

trained and qualified “supernumeraries”, we feel that the added benefit 

of this assist space is more than compensated for by the training. We 

feel this provides an adequate level of safety in excess of that that 

would be provided by a crew assist space next to the right hand exit 

door. 

4. We therefore request exemption from this regulation for the upper 

deck escape door in this configuration; to waive need for an assist 

space next to the right hand upper deck crew service door. 

f. 25.813(e) (25-46) – prohibits installation of interior doors between 

passenger compartments and exits 

1. We have proposed above to use a left hand evacuation route that 

includes descent through the upper deck smoke barrier, down the stair 

to the main deck, and out L1. 

2. The upper deck smoke barrier is a hard door that opens on the upper 

deck. 

3. We propose to reengineer this smoke barrier/ door and operational 

procedures to ensure this door is safe for occupant use. Similar to 

other granted exemptions for doors submitted by BaySys (9741, 9762), 

These limitations include: 

a. Lock the door at the top of the stairs between upper deck and the main 

cargo deck in the open position during taxi, takeoff and landing. As 

this door is within visual distance of the crew, no special annunciation 

is required; however a limitation to ensure flight crew verifies door is 

in the correct position will be added to the Flight Manual. 

b. Re-engineer the door at the top of the stairs to be frangible 

c. Add this limitation to the Flight Manual Supplement, that Flight deck 

crew must verify prior to TTL that the door is locked in the correct 

position. As this door is so close to the cockpit, additional 

annunciation is not required. 

d. Ensure Protective Breathing Equipment (PBE) as defined in 

§ 25.1439(a) is available that will provide a minimum of 90 seconds 

of air, in the event of an evacuation event after a landing via L1 if 
16 

smoke exists. We propose to install at least 11 PBE units installed on 

the upper deck. 

e. Locate PBE on the upper deck, in close proximity to the doorway that 

descends to the main deck, for use only in evacuation. The quantity 

required is the person count plus two. 

f. BaySys is prepared to demonstrate by test(s) that: 

(i) the upper deck passengers can egress via L1 within the 

required timeframe (see discussion in paragraph on 25.807 

above). As discussed in reference (9) teleconference, 

evacuation demonstration testing will not be required. 

(ii) emergency evacuation within the proscribed time limits is 

feasible while using PBE devices using the harnesses, and the 

inertia reels. As discussed in reference (9) teleconference, 

evacuation demonstration testing will not be required. 

(iii) that the door is frangible and may be opened by a fifth 

percentile female in case of door malfunction, and then 

egressed by a 95 percentile male; 

(iv) that the reengineered smoke barrier/door maintains smoke 

barrier properties; 

Include these measures in the supernumerary and flight crew training. 

4. We therefore request exemption from this rule given the mitigating 

steps listed above. 

g. 25.857(e) (25-60) – Class E cargo compartment requirements 

1. The central point of this petition is to permit access to the main cargo 

deck during flight, under specific limitations. 

2. This petition envisions no change to the “classification” of the main 

cargo deck as Class E. 

3. This petition proposes specific limitations that, when complied with, 

allow main cargo deck access during flight phases for specific 

purposes. A summary is provided: 

a. Supernumeraries. These persons will meet the criteria listed above in 

our paragraph on 25.785. 

b. Alerting system. A visual/aural system will be in place to alert 

Supernumeraries on the main cargo deck when to return to seat and to 

don oxygen. 

c. Smoking is prohibited on the main cargo deck during all phases of 

flight. 

d. Protective Breathing Equipment (PBE) per 25.1439 with protective 

masks will be stored on the upper deck and required to be carried at 

all times by Supernumeraries, while on the main cargo deck. 
17 

e. Fixed O2 masks. A fixed oxygen source (drop mask) will be available 

at each upper deck TT&L seat. 

f. Smoke barrier. The smoke barrier between the upper deck and main 

cargo deck must remain in place at all times, except during passage 

between the areas. 

g. Public Address speakers and interphone capabilities per 25.1423 will 

be available on the main cargo deck. 

h. Emergency lighting per 25.812 (foot path and overhead) will be 

available in the main cargo deck and in the path from upper deck to 

L1. 

i. Exit Signage will be modified to the new configuration. 

j. First Aid Kit. Additional first aid kits will be located at the front and 

rear of the Main Cargo Deck. 

k. Additional fire fighting gear (gloves, fire extinguishers) will be stored 

on the main cargo deck. 

l. Appropriate placards and instructions will be posted in the upper deck 

and main cargo deck. 

m. A flight manual supplement will contain these operating limitations. 

n. An FAA approved training plan will be submitted for approval as part 

of the STC project. 

4. Therefore while the classification of the main deck cargo compartment 

does not change, we specifically request to access this area in flight 

under limitations listed above. 

h. 25.1447(c)(1) (25-41), Automatic presentation of O2 masks. 

While the upper deck will meet this, the main deck cargo area will not 

meet this requirement for supernumeraries while accessing the main cargo 

deck. 

1. When supernumeraries are seated in their seats or while in the lavatory 

on the upper deck, self-presenting oxygen masks indicate the need to 

don an oxygen mask. Since self-presenting oxygen masks are not 

available to persons entering the Class E compartment, the 

Decompression & Fire-Smoke alert system (subpara 5.a.3 above) that 

indicates to compartment occupants the need to immediately don 

oxygen for either a decompression event or fire/smoke, that they are 

required to carry while in the main cargo compartment. 

2. Supernumeraries will be trained regarding the location and use of the 

oxygen equipment and the alert conditions requiring their use. 

3. While in the class E compartment, supernumeraries are required to 

carry their oxygen equipment on their person. These oxygen 

equipment will be stored in a specified location, easily accessible to 
18 

supernumeraries, in close proximity to the cargo stair. There will be at 

least one portable oxygen unit, with a mask connected to it, provided 

for each supernumerary allowed to enter the main deck Class E cargo 

compartment during flight; with an additional 2 units to meet the 10% 

overage requirement of 25.1447. 

4. The portable oxygen device will meet the performance standards of 

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

supernumerary from hypoxia at the activity level required to return to 

his or her seat following a rapid decompression to 40,000 feet cabin 

altitude. An example of a device that meets this criteria is the AVOX 

Systems portable O2 cylinder MA-1 p/n 9000A-3 with mask 358, used 

by USAF and designed for use with masks at altitudes to 43,000 feet 

by moderately active flight personnel – or up to 45,000 feet in extreme 

emergency situations of short duration. See AVOX Systems 

http://www.avoxsys.com/pdf/products/portable-oxygen-systems/MA-1- 

PN-9000A-3-portable-oxygen-cylinder-and-regulator.pdf

5. As we propose to use the same alert for both decompression and 

smoke/fire, the portable oxygen device will meet the PBE 

requirements in §§ 25.1439(b)(1), (2), and (4), and the PBE equipment 

will be designed to prevent any inward leakage to the inside of the 

device and prevent any outward leakage causing significant increase in 

the oxygen content of the local atmosphere (i.e., full face mask type.) 

6. The oxygen units will also meet the intent of § 25.1449, which states 

that there must be a means for the crew to determine whether oxygen 

is being delivered to the dispensing units. We propose to include in the 

mandatory supernumerary training, how to make this determination 

and to provide oxygen flow indication in the oxygen equipment. 

7. Class E cargo compartments are usually remote from the flight deck 

and encompass the entire interior of the airplane. The means of 

controlling fires that might occur in the cargo compartment is to starve 

the fires of oxygen. This is accomplished by depressurizing the 

airplane and maintaining an altitude that will not support combustion. 

Due to the manner in which fire in the cargo compartment is to be 

controlled, supernumeraries (persons) on the airplane will have been 

found physically fit by the operator. 

8. In all cases, there must be suitable means of preventing smoke 

penetration into areas that are occupied. The petitioner’s design 

accounts for this by proposing a barrier, which must comply with the 

smoke penetration requirements for the flight deck and the 

supernumerary compartment. This configuration is intended to allow 

supernumeraries to enter the Class E cargo compartment and hence 

open the smoke barrier between the cargo compartment and the 

supernumerary compartment. The smoke barrier will automatically 

close and remain closed at all times, except during passage. A placard 

indicating that the smoke barrier is to be secured (i.e., the door or 
19 

curtain must be closed) at all times, will be posted in a conspicuous 

place, either on or next to the smoke barrier. 

9. Smoking will not be permitted on the main cargo deck during any 

phase of flight. 

10. Alerting. The alerting scheme has been proposed in subparagraph 

5.a.3, above. 

11. We therefore request relief from this rule under the limitations listed 

above, automatic presentation of O2 masks. 

6) Public Interest 

Safety is the primary concern of the modification. Safety requirements of the 

original type certification of the aircraft will be complied with, as defined by the 

aircraft type certificate data sheet A20WE; as modified by limitations and 

mitigations listed above. There are no adverse effects anticipated from the 

exemption petition that are not mitigated by our proposals listed above. 

The Owner and Operator of the aircraft intends to use the aircraft to transport 

horses, including race horses, show horses, and bloodstock. These animals are 

very valuable, many worth over one million dollars each. The animals cannot be 

properly insured nor cared for during travel unless there are a sufficient number 

of qualified handlers on board who can access the animals during flight. 

Based in a Middle East country, the owner’s flight team travels to world class 

events worldwide using other aircraft currently. The interest of the petitioner is in 

providing a level of safety for the animals and aircraft that will allow his service 

to support all international events which involve a large number of race or show 

horses. The Boeing 747-400F current has provisions for 6 people on the upper 

deck but no approved means for “supernumerary” with access to the main cargo 

deck for care of cargo. 

For safety reasons, the International Air Transport Association (IATA) 

recommends that for up to four pallets, one experienced groom be provided for 

each pallet of horses. For more than four pallets of horses, it is at the discretion of 

the carrier and the shipper to determine the optimum requirement. The safe 

transport of large numbers of horses by air therefore requires the carriage of a 

commensurate number of qualified handlers on the main deck. The 

Owner/Operator has planned that, with 15 supernumeraries on the aircraft, the 

horses carried will be adequately cared for in all cases of expected transport. 

The carriage of an appropriate number of animal handlers aboard an aircraft to 

monitor and to attend to the special requirements of live animal cargo, especially 

race horses and show horses, serves the public interest in raising the level of 

safety of the livestock, the airplane, the flight crew, and consequently, the public 

in general. 

This exemption, therefore, serves the public interest for safety reasons and also 

for increased air freight deliveries of these animals internationally. 
20 

Other owners/operators may have a similar interest in this solution as there is 

clear economic benefit to both owners/operators as well as this installation 

activity and the overall US economy from this modification. Increased economic 

action is of clear public interest to the United States. 

Since the passengers aboard these airplanes will not be revenue paying customers 

of commercial for hire airlines, but rather employees of the owner operator and 

specifically trained, there is no degradation to airline passenger safety and 

therefore no detrimental impact [on] the public at large. Indeed, the 

supernumeraries are already employees of the Owner/Operator. 

The project in question on this Boeing 747-400F is a case of the special market in 

which BaySys works. Owners and operators require configurations that use 

interior space in ways not anticipated in the original TCDS configurations which, 

in this case include access to the main cargo deck during flight in support of 

animal care. In order to satisfy the customer requirements and maintain our 

marketing competitiveness, BaySys Technologies, LLC seeks to accommodate 

this configuration while providing an adequate level of safety for the flight crew 

and supernumeraries. 

BaySys Technologies, LLC is a small and growing company based in Virginia 

that provides engineering, certification and installation on part 25 aircraft. BaySys 

is the parent company of a part 145 Repair Station and an FAA Part Manufacturer 

Authority (PMA) certificate. The company employs over 50 US citizens and 

provides strong support to the local economy where these employees and 

facilities are located. Moreover, our facility and operations in the Virginia area 

key in a project led by the County of Accomack, the State of Virginia and 

universities teamed with the NASA Wallops Flight Facility in Virginia to create a 

new Wallops Research Park. The purpose of this new Wallops Research Park is to 

promote aerospace-related activities and research related educational activities 

that will promote real and sustainable economic growth in this county; BaySys is 

privileged to be a partner in these efforts. Our success in an extremely 

competitive global economy will have a significant positive impact on the local 

and regional economy. 

This project is work for an “offshore” client, improving the United States’ 

balance of trade. 

Granting this exemption will permit conclusion of this project, which will provide 

a significant income with positive impact on both the local and regional 

economies. This will aid both in the case of this specific project and in future 

aircraft in this STC. 

Approval of these exemptions will enable this Virginia company working on 

Transport Category Airplanes to effectively compete in this global market. 

Stability and improved financial performance of this Virginia company gives 

greater job stability to workers employed, thereby providing a stabilizing 

influence to the greater regional and the larger US economy due to the increased 

consumer spending capacity associated with stable workers. Improved financial 

performance of Virginia owned and operated corporations and increased 
21 

workforce stability translates into continued and improved local, state, and federal 

tax revenues, which in turn add to the stability of the overall United States 

economy. Improved financial performance allows Virginia corporations to 

continue to invest in Research and Development allowing the United States to 

maintain and improve its competitive position in the global economy. 

7) Request to Waive Publication [for] Public Comment 

For this petition, BaySys requests that the publication and comment procedures 

that are required by 14CFR § 11.29 be waived in accordance with §11.87. In our 

estimation: 

 Granting these [exemptions] would not set precedents; 

 These exemptions are near identical to previously granted exemptions, and 

are already recognized by the FAA on similar model aircraft (1870, 8536, 

8587) 

 The issues are non-controversial; 

 Delaying approval will delay the engineering deliverable which will delay 

the scheduled completion of this project, with resulting schedule backups 

and additional expense; 

 The inherent delaying action caused by publication in the Federal Register 

may cause delays in modifying the 747-400F and thereby require multiple 

aircraft to fulfill the project missions. 

 Our petitions have been filed in a timely manner, within days of 

assignment of ACO project number to support of delivery to meet 

customer schedule requirements. In keeping with our program schedule, 

we request that review and decision be made as soon as possible. 

BaySys Technologies respectfully submits this Petition for Exemption as regards 

this project ST15315LA-T. We believe that the mitigations we have presented 

will provide a level of safety adequate to protect all crew and supernumeraries in 

this aircraft. 

Federal Register publication 

A summary of the petition was published in the Federal Register on January 7, 2013 

(78 FR 978). One comment (FAA-2012-0361-0012) was received: 

Your notice indicated that the Permit requested the carriage of 15 noncrewmembers (commonly referred to as supernumeraries) in a compartment 

behind the flight deck on Boeing Model 747-400F airplanes. 

Please keep the rules uniform. If the permit is allowed, the passengers need to 

have seats with seat belts. 

The FAA responds that the petitioner has not requested an exemption from the seats and 

seat-belt requirements for the subject non-crewmembers. Therefore, the requirements for 

passenger seats and seat belts do apply to this project, and it is understood that these will 
22 

be installed per 14 CFR part 25. Otherwise, the FAA would not certificate the airplane if 

required seats and related restraints were not installed for all supernumeraries. 

The FAA’s analysis 

Class E cargo compartments are usually remote from the flight deck and encompass the 

entire interior of the airplane. The means of controlling fires that might occur in the cargo 

compartment is to starve the fire of oxygen. This is accomplished by depressurizing the 

airplane and maintaining an altitude that will not support combustion. For this reason, 

only crewmembers are permitted on board such airplanes. 

The certification regulations for transport-category airplanes address airplane occupants 

as being either “crew” or “passengers.” Due to differences in training, physical 

capabilities, and other factors (such as familiarity with the airplane), the means required 

by 14 CFR part 25 to address emergency evacuation and emergency equipment for 

passengers and crewmembers differ. Because supernumeraries are not crewmembers, 

they must be considered “passengers” by default with respect to part 25. However, 

supernumeraries do hold a special status because of their training and other factors. The 

FAA, therefore, has granted certain exemptions to allow the carriage of supernumeraries 

on cargo airplanes without compliance with all of the part 25 standards for passengers, 

provided that certain other conditions are met. Those conditions have varied, depending 

on the airplane design, the nature of the proposals under consideration, and the number 

and location of persons to be carried. 

The FAA has previously granted exemptions for carriage of persons in addition to crew 

on freighter airplanes and allowed access to the cargo compartment, provided that certain 

other conditions are met. These conditions have varied depending on the airplane design, 

the number of persons involved, and the type of cargo permitted to be transported in the 

main-deck Class E cargo compartment. 

Types of operations 

The FAA has previously granted exemptions for in-flight access of the Class E cargo 

compartment by supernumeraries, provided that certain other conditions are met. These 

conditions have varied, depending on the airplane design, the number of persons 

involved, and the type of cargo permitted to be transported in the main-deck Class E 

cargo compartment. We have been reviewing the operational need for access into the 

Class E cargo compartment in-flight, and the number of persons needed in the cargo 

compartment for the type of operation. We have divided the access into the cargo 

compartment into three different types of operations: 

 Carriage of live animals requiring care/attention during flight, and associated 

material only, no other cargo. The petitioner has identified this as operational type 

A. 

 Cargo only, which does not require care/attention during flight, and no live 

animal(s) requiring care/attention during flight. The petitioner has identified this 

as operational type B. 

 Carriage of cargo requiring care/attention during flight, and other cargo. The 

petitioner has identified this as operational type C. 
23 

Each of these three types of operation are discussed as follows: 

Operational type A 

We do not agree with the proposal to have one alert used for fire/smoke and 

decompression. Alerts are discussed in more detail below. We will require two different 

alerts for these conditions. Also, the one change and one correction discussed in 

operational type B, below, applies to this type of operation. Other than these three items 

we agree with the proposal. All large animals being shipped by air need supernumeraries 

on board for their care/attention during flight because the carriage of large animals 

implies a potential risk due to the brute force they are capable of, which can endanger 

flight safety. Horses are routinely shipped by air and are one of the large animals that 

require care/attention during flight because of the brute-force issue. Also, these horses 

that are shipped by air are high-value animals, and the owners and insurance policies 

require in-flight care/attention. We understand that the industry standard for the air 

transport of horses recommends one supernumerary (groom/handler) for every three or 

four horses. We agree that this recommendation is appropriate to ensure safety of flight. 

Considering the size of the 747-400F airplane, the main deck cargo compartment could 

contain several dozen horses. As a result of the large number of horses or other large 

animals, a large number of supernumeraries (groom/handler) would be needed. We have 

granted exemptions in the past for larger numbers of supernumeraries with in-flight 

access into the main-deck Class E cargo compartment under certain conditions. These 

conditions have included limiting the permitted cargo to the large, live animals and 

associated cargo only. We have considered that live animals are less flammable cargo 

than other cargo, therefore, we have allowed more in-flight access to the cargo 

compartment. The petitioner has requested a maximum of 15 supernumeraries be allowed 

to have in-flight access to the main-deck Class E cargo compartment for the 

care/attention of live animals. We accept the proposal for the number of supernumeraries. 

For this operational type A, the petitioner has requested that the maximum number of 

persons on the upper deck be 19, including the crewmembers. This number of persons on 

the upper deck is greater than what has been accepted by the FAA for this exit 

configuration on the upper deck. 

The petitioner has proposed that the exit and manually deployed/automatically inflating 

escape slide on the right-hand side of the airplane be accepted for 19 persons. The exit is 

the standard exit provided on 747-400F airplanes. The escape slide is a standard option 

that is delivered with the airplane. We accept this proposal. 

On the left side of the airplane, the only exit on the upper deck is the overhead hatch. For 

the overhead hatch, the assist means that has been accepted on other airplanes of this 

model has been inertia reels and harnesses for a maximum number of 8 persons. The 

reason for the limitation to 8 persons is the combination of the size of the overhead hatch 

and the number of persons with the inertia reels exiting the hatch. The petitioner has 

proposed to use the main-deck entry door as an emergency exit. They have proposed to 

modify the existing main-deck entry door by installing at least 11 inertia reels adjacent to 

the door. This modification includes the door-operating markings on the inside of the 

airplane; interior illumination system; assist means; attachment point for a liferaft 

mooring line; and exterior markings. In addition, the petitioner has proposed to modify 
24 

the stairway installed between the main deck and the upper deck. The modified stairway 

would be designed to meet similar requirements as those identified in special conditions 

25-430-SC, which are for a stairway between two passenger decks on the 747-8 airplane. 

The petitioner’s position contains the proposed special conditions for the stairway. The 

main-deck entry door for this airplane is located inside the Class E cargo compartment. 

To address additional concerns with the need to evacuate through a cargo compartment 

that may have smoke and fire, the petitioner has proposed to supply a second type of 

portable protective breathing equipment (PBE), as defined in § 25.1439(a), that would 

provide a minimum of 90 seconds of air that could be used if the class E cargo 

compartment contains fire/smoke. The petitioner has proposed PBE to be used in the 

event that evacuation is required out the left side of the airplane in combination with 

fire/smoke in the main-deck cargo compartment, as part of their petition for exemption. 

We accept this proposal. 

Operational type B 

For this type of operation, no in-flight access to the main deck Class E cargo 

compartment is requested. This type of operation and airplane configuration is the same 

as that defined in Exemption No. 1870E. We accept the proposal and propose to grant the 

exemption with the same limitation as identified in Exemption No. 1870E with one minor 

change and one correction. Since the Exemption No. 1870E was issued, the FAA has 

been requiring a harness for each inertia reel installed on the airplane, whereas before we 

only required the harness for the supernumeraries. Exemption No. 1870E incorrectly 

identifies the crew service door on the left side of the upper deck as a Type I exit. This 

exit is the size of a Type I exit, however, this exit is not floor level. This exit has a stepup from the floor to the exit, which is not allowed for Type I exits. The crew service door 

does qualify for a Type III exit rating. This change and correction are applicable to all 

types of operations. 

Operational type C 

For this type of operation, the petitioner requests in-flight access to the main-deck Class 

E cargo compartment by a maximum of three persons. We do not agree with the proposal 

to have one alert used for fire/smoke and decompression. Alerts are discussed in more 

detail below. We will require two different alerts for these conditions. Also, the one 

change and one correction discussed above in operational type B applies to this type of 

operation. Other than these three items we agree with the proposal. The petitioner 

proposed to modify the stairway to meet some additional requirements for operational 

types C and A. The FAA has approved the stairway installed by Boeing, which comes 

standard with the airplane, to be acceptable for accessing the cargo compartment in-flight 

by a maximum of three supernumeraries. Therefore, the FAA will not require these 

modification to the stairway for operational type C. 

Cargo-compartment alerts for operational types A and C 

The FAA has determined that three separate, distinct alerts are required in the cargo 

compartment. One distinct alert each is for decompression; smoke and fire; and 

turbulence. In the past, the FAA has accepted a single alert to address both 

decompression and smoke/fire events because the action required of the supernumeraries 

was the same for both events. That action required supernumeraries to don oxygen 
25 

masks, start the flow of oxygen, then evacuate the cargo compartment. The FAA now 

determines that the time required to don an oxygen mask and start oxygen flow, in the 

event of a smoke/fire event, is best spent first evacuating the cargo compartment. 

Therefore, the FAA now requires all new certification programs to provide three distinct, 

separate alerts for these three events. 

Further discussion 

Considering the size of the 747-400F airplane, the main-deck cargo compartment could 

contain several dozen horses. As a result of the large number of horses or other large 

animals, a large number of supernumeraries (groom/handler) would be needed. We have 

granted exemptions in the past for larger numbers of supernumeraries with in-flight 

access into the main-deck Class E cargo compartment under certain conditions. These 

conditions have included limiting the permitted cargo to the large, live animals and 

associated cargo only. We have considered that live animals are less flammable cargo 

than other cargo, therefore, we have allowed more in-flight access to the cargo 

compartment. The petitioner has requested a maximum of 15 supernumeraries be allowed 

to have in-flight access to the main-deck Class E cargo compartment for the 

care/attention of live animals. We accept the proposal for the number of supernumeraries. 

Handholds 

The requirement of § 25.785(d) Amendment 25-64 for handholds is to ensure that 

occupants have a means to steady themselves in moderately rough air while traversing 

the main aisles of typical passenger airplanes. On the proposed airplane, we concur with 

the petitioner that it is not necessary to provide dedicated handholds in the cargo 

compartment because it is impractical, provided a flightcrew-operated aural or visual 

signal, which is recognized in accessible areas in the Class E cargo compartment, is 

installed to indicate, during turbulence, that persons must return to their seats. 

Type and number of exits 

Sections 25.807(c)(1) and (c)(5) require, for passenger capacity of 10 to 19, a minimum 

of a Type III exit on each side of the fuselage. The Model 747-400F is equipped on the 

right side with a Type III crew-service door. On the upper deck, no similar capability is 

provided for the left side of the airplane. However, an overhead hatch to the left of the 

centerline is located in the cockpit, which does comply with the flightcrew emergencyexit requirements of § 25.805. The FAA has accepted this overhead hatch in similar 

exemptions with the appropriate limitations and equipment installations for a maximum 

of 8 persons (six supernumeraries and two flightcrew) on the airplane. This exit 

configuration would cover operational types B and C, and we accept this configuration 

with the appropriate limitations and equipment installations for a maximum of 8 persons 

(six supernumeraries and two flightcrew) on the airplane. 

However, this exit configuration is not acceptable for operational type A. For this 

operational type, additional evacuation capability is needed for the left side of the 

airplane. The petitioner has proposed to modify the existing main-deck entry door by 

installing at least 11 inertia reels adjacent to the door. This modification includes the 

door-operating markings on the inside of the airplane; interior illumination system; assist 

means; attachment point for a liferaft mooring line; and exterior markings. As an 

additional compensating feature, the petitioner has proposed that the stairway between 
26 

the upper deck and the main deck be modified to comply with similar conditions as those 

requirements found in special conditions 25-430-SC, for the stairway for the 747-8 

passenger airplane. A complete list of the petitioner’s proposed conditions for the 

stairway is found in the petition. The petitioner proposed to limit the cargo for this 

operational type to live animals and associated cargo. The associated cargo excludes 

from carriage hazardous material the carriage of which is governed by regulations in 49 

CFR part 175; ignition sources (open flame, articles producing sparks, hot surfaces); 

lithium batteries; explosives; radioactive materials; flammable liquid fuel; oxidizers; 

plutonium; and dry ice. This exit configuration would cover operational type A, and the 

FAA accepts this configuration with the appropriate limitations and equipment 

installations for a maximum of 19 persons (15 supernumeraries and 4 flightcrew) on the 

airplane. 

Assist means 

Section 25.809(f)(1) requires that a self-supporting slide or equivalent must be provided 

to assist the occupants in descending to the ground for each passenger emergency exit 

located more than 6 feet from the ground. The Model 747-400F crew-service door has an 

inflatable escape slide that is self-supporting with the landing gear extended. The 

overhead hatch is equipped with eight inertia reels and eight harnesses not envisioned by 

this requirement, but are considered by the FAA to be adequate for use by flightcrew and 

“crew” in accordance with the requirements of § 25.809(f)(2). 

Section 25.809(f)(1)(i) requires that the assist means must be automatically deployed. 

The escape slide installed at the crew-service door is manually deployed and so are the 

installed inertia reels. The FAA has granted exemptions to the requirement on 747 

freighter airplanes with and without supernumeraries for many years. We agree with the 

petitioner’s proposal. 

Section 25.809(f)(1)(ii) requires that the assist means must be automatically erected 

within 10 seconds after deployment is begun. The escape slide installed at the crewservice door meets this requirement. The inertia reels do not erect, but have been found 

acceptable for this type of installation. 

Section 25.809(f)(1)(iii) requires that the assist means must be of such length after full 

deployment that the lower end is self-supporting on the ground and provides safe 

evacuation of occupants to the ground after collapse of one or more legs of the landing 

gear. The escape slide for the crew service door is not self-supporting on the ground in all 

cases of gear collapse, and the inertia reels are too short to reach the ground in all cases 

of gear collapse. However, the inertia reels have been demonstrated to be effective at 

providing safe evacuation of occupants exiting from the overhead hatch to the ground. 

The inertia reels installed near the overhead hatch located in the cockpit have been 

demonstrated to be effective at providing safe evacuation out the crew-service door, after 

the escape slide has been deployed and inflated, to address the conditions when the 

escape slide is not self-supporting on the ground. However, additional inertia reels and 

harnesses need to be installed in the airplane to have one inertia reel and harness for each 

of the proposed 19 occupants. The FAA notes that the petitioner is proposing to add these 

items to address this concern. 
27 

For operational type A, the petitioner has proposed to install at least 11 inertia reels 

adjacent to the main-deck entry door. The inertia reels are too short to reach the ground 

in all cases of gear collapse. However, the inertia reels have been demonstrated to be 

effective at providing safe evacuation of occupants to the ground for the exits on the 

upper deck. These are the same part-number inertia reels we have determined to be 

acceptable for use at the main-deck entry door. The harnesses that would be used for this 

exit are the same as those installed on the upper deck adjacent to the crew-service door, 

and would be donned before the evacuees entered the cargo compartment. We accept this 

proposal. 

Section 25.809(f)(1)(iv) requires certain performance capabilities in 25-knot wind 

conditions. The crew-service-door escape slide is certified to meet this requirement. 

Assist space 

Section 25.813(b), regarding specific assist space requirements for passenger 

evacuations, has not been addressed in the 747-400F design at any of the proposed exits. 

However, the FAA has granted exemptions from this requirement for freighter airplanes 

with supernumeraries based on the additional training that is required to be provided to 

the supernumeraries and the required pre-flight briefings. Also, the airplane contains 

adequate space for the flight crew to demonstrate the use of the inertia reels and 

harnesses and how to evacuate out the airplane with this equipment. 

Doors between passenger compartments 

The requirement of § 25.813(e), at Amendment 25-46, states that no door should be 

installed between passenger compartments. The guidance for this requirement at this 

amendment level makes a distinction between compartments/rooms that are not 

occupiable for taxi, takeoff, and landing (TT&L), and compartments/rooms that are 

occupiable for TT&L. The guidance does allow doors between passenger compartments 

and compartments/rooms that are not occupiable for TT&L. In the proposed design, the 

Class E cargo compartment is not occupiable for TT&L. For operational type A, the 

main-deck exit must be used due to the number of occupants allowed on the upper deck. 

In this case, the door is between a passenger compartment and the exit, and at this 

amendment level of the regulation, that is acceptable. However, for operational type A, 

the requirement of § 25.813(f) does apply, and the door must be latched open for TT&L 

during this type of operation. Therefore, an exemption from the requirement for 

§ 25.813(e), Amendment 25-46, is not needed for this proposed configuration. However, 

for evacuation, operational type A has a conflict between having the smoke barrier closed 

for smoke penetration and having the smoke barrier door open during TT&L. In 

consideration of these two issues, the FAA has determined that the following provides an 

acceptable level of safety: 

The smoke barrier must be latched opened for operational type A TT&L unless 

fire/smoke has been detected in the main-deck cargo compartment. If fire/smoke has been 

detected in the main-deck cargo compartment, the door may be closed if directed by the 

pilot in charge. 
28 

Smoke penetration 

In all cases, the airplane must contain suitable means of preventing smoke penetration 

into areas that are occupied. The petitioner’s design accounts for this by providing a 

barrier, which must comply with the smoke-penetration requirements for the flight deck 

and the supernumerary compartment. However, the petitioner has indicated that 

configurations may be approved that will allow supernumeraries to enter the Class E 

cargo compartment and hence open the smoke barrier between the cargo compartment 

and the supernumerary compartment. To provide an appropriate level of safety, the 

petitioner must install a placard indicating that the smoke barrier is to be secured (i.e., the 

door or curtain must be closed) except when entering or exiting the cargo compartment. 

The placard must be located in a conspicuous place, either on or next to the smoke 

barrier. However, for evacuation, operational type A has a conflict between having the 

smoke barrier closed for smoke penetration and having the smoke barrier door open 

during TT&L. In consideration of these two issues, the FAA has have determined that the 

following provides an acceptable level of safety: 

The smoke barrier must be latched opened for operational type A TT&L unless 

fire/smoke has been detected in the main-deck cargo compartment. If fire/smoke has been 

detected in the main-deck cargo compartment, the door may be closed if directed by the 

pilot in charge. 

Another concern, associated with the supernumeraries that have access to the cargo 

compartment in-flight, is the amount of smoke, in the event of smoke/fire, that would 

enter into the supernumerary compartment and flight deck as a result of the smoke barrier 

being open during supernumerary evacuation out of the cargo compartment. This 

smoke/fire issue must be considered when demonstrating compliance with § 25.855. 

If access into the Class E cargo compartment is allowed, an aural or visual annunciation 

operated by the flightcrew, and recognized in the Class E cargo compartment, must be 

installed to indicate that persons must return to their seats and secure the smoke barrier 

(i.e., close the door or curtain) during a fire in the Class E cargo compartment. 

Appropriate procedures and limitations would need to be established to ensure that the 

flightcrew signals the supernumeraries to return to their seats and secure the smoke 

barrier at the onset of a fire. The pre-flight briefing would need to explain this 

annunciation to the supernumeraries. 

The petitioner proposed that the supernumeraries inside the Class E cargo compartment 

immediately don their oxygen masks, initiate oxygen flow to them, then immediately 

return to their seats in the event of smoke being detected inside the Class E cargo 

compartment. We disagree with this procedure because during the onset of a fire, 

donning the oxygen mask and initiating oxygen flow requires valuable time that is better 

spent on exiting the Class E cargo compartment. Use of portable oxygen equipment 

following annunciation of a smoke event should be at the discretion of the 

supernumeraries, depending on where the source of smoke is in relation to each 

supernumerary and the exit. Therefore, in the event of smoke being detected inside the 

Class E cargo compartment, the supernumeraries inside the Class E cargo compartment 

must be directed to immediately return to their seats and secure the smoke barrier. As 

necessary, the supernumeraries should don their oxygen mask and initiate the flow of 

oxygen. 
29 

Due to the way that fire in the cargo compartment is to be controlled, it is necessary to 

limit persons on board the airplane to those who the airplane operator has found to be 

physically fit, and who have been briefed on the use of the emergency equipment. This 

limitation on the occupants is consistent with previous approvals and is included in this 

approval. 

Immediately available oxygen 

The petitioner indicates that configurations may be approved that will allow the 

supernumeraries to enter the Class E cargo compartment to tend to animals or hazardous 

cargo. To provide an acceptable level of safety to the “immediately available” 

requirement of § 25.1447(c)(1), each supernumerary, while in the Class E cargo 

compartment, must carry on their person a portable oxygen bottle with a mask connected 

to it. 

Section 25.1447(c)(1) also requires automatic presentation of the oxygen-dispensing 

units. For seated passengers in typical passenger airplanes, the automatic presentation of 

masks throughout the cabin indicates the need to don an oxygen mask. However, 

supernumeraries in the Class E cargo compartment will not have this indication. To 

provide an acceptable level of safety, an aural, automatically activated decompression 

signal must be present and immediately recognizable throughout the accessible areas in 

the Class E cargo compartment, if there is only one aural alert that a supernumerary may 

hear or is expected to respond to. If there are two or more alerts that a supernumerary 

may hear or is expected to respond to, there must be an automatic visual alert in addition 

to the automatic aural alert. Operation of this signal must be automatic, with flightcrew 

manual activation as a backup. 

Supernumeraries must be trained in the location and use of the oxygen equipment, and 

the signals for its use. The oxygen units must be sized adequately for continuous and 

uninterrupted use during worst-case flight duration following decompression, or of 

sufficient duration to allow the supernumeraries to return to their seats. The portable 

oxygen equipment must meet the requirements in § 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 their seat following a rapid decompression to 25,000 feet cabin altitude. 

Additionally, the portable oxygen equipment must: 

 meet § 25.1439(b)(1), (2), and (4), and 

 be designed to prevent any inward leakage to the inside of the mask, and 

 prevent any outward leakage causing significant increase in the oxygen content of 

the local atmosphere 

Configurations may be approved for carrying cargo that does not require supernumerary 

access to the Class E cargo compartment. For these configurations, an aural 

decompression signal 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. 
30 

Incapacitated persons in the cargo compartment 

Another concern is the removal of an incapacitated person from the cargo compartment. 

This concern is increased because the access means to the main-deck cargo compartment 

is a ladder. BaySys Technologies should develop some procedures for the removal of an 

incapacitated person from the cargo compartment and provide these to the operator of the 

airplane. This condition does not need to be combined with any other failure condition 

(i.e., only normal flight condition needs to be considered). 

Protective breathing equipment for evacuation using the main-deck entry door 

Operational type A has one condition where the evacuation is the result of smoke/fire in 

the main deck cargo compartment. To address some of the concern with the evacuees 

needing to evacuate through a cargo compartment that could be filled with smoke/fire, 

the petitioner has proposed to supply at least 11 portable PBE units as defined in 

§ 25.1439(a). 

The FAA considers the petitioner’s proposal for the exemption to be in the public interest 

for the following reasons: 

 The FAA has granted several exemptions for the carriage of supernumeraries on 

freighter airplanes; 

 These supernumeraries are seen as a benefit to airplane safety and efficient 

operations of air cargo; and 

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

granted. 

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, BaySys Technologies is hereby granted a partial 

exemption from 14 CFR 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), 

25.857(e), and 25.1447(c)(1) to the extent necessary to allow type certification of Boeing 

Model 747-400F series airplanes with provisions for the carriage of supernumeraries. The 

following limitations apply and limitation numbers 1-7, 13, and 15 must be documented 

in the limitations section of the airplane flight manual: 

1. A maximum of 15 supernumeraries may occupy the area just aft of the flight 

deck. The total maximum occupancy of the airplane is limited to 8 or 19 persons, 

including the flight crew, depending on the operational type. See item 4 below. 

2. The supernumeraries are limited to the categories specified in 

14 CFR 121.583(a)(1) through 121.583(a)(7). 

3. Supernumeraries are prohibited from being in the cargo area during taxi, takeoff 

and landing. The pre-flight briefing must inform supernumeraries of this 

requirement. 

4. Access into the cargo compartment in-flight is divided into three different 

operational types: 
31 

 Carriage of live animals requiring care/attention during flight and 

associated material only, no other cargo. The petitioner has identified this 

as operation A. The maximum number of supernumeraries is 15 and the 

total airplane occupancy is 19. Access to the Class E cargo compartment 

by a maximum of 15 supernumeraries is permitted during climb, cruise, 

and approach. 

 Cargo only, which does not require care/attention during flight, and no 

live animals requiring care/attention during flight. The petitioner has 

identified this as operational type B. The maximum number of 

supernumeraries is 6 and the total airplane occupancy is 8. No access is 

allowed into the Class E cargo compartment during any airplane 

operation. 

 Carriage of cargo requiring care/attention during flight, and other cargo. 

The petitioner has identified this as operational type C. The maximum 

number of supernumeraries is 6 and the total airplane occupancy is 8. 

Access to the Class E cargo compartment by a maximum of 3 

supernumeraries is permitted during climb, cruise, and approach. 

5. Prior to each flight, a flightcrew member must brief each supernumerary on the 

use of exits and emergency equipment, including evacuation instructions to 

inspect the ground to determine whether a safe landing can be achieved before 

using an assist means. 

6. The operator must determine that each supernumerary is physically able and 

trained to accomplish the necessary emergency procedures. 

7. Each supernumerary must be provided with a portable oxygen unit with a mask 

attached to it that they must carry whenever they are in the Class E cargo 

compartment. The supernumeraries must be trained in the use of the oxygen 

equipment. The supernumeraries must also be trained in making the determination 

whether oxygen is being delivered to the masks. The equipment must provide 

oxygen-flow indication. The oxygen units must be sized adequately for 

continuous and uninterrupted use during worst-case flight duration following 

decompression, or must be of sufficient duration to allow the supernumeraries to 

return to their seats where oxygen for the remainder of the decompression is 

readily accessible. The portable oxygen equipment must meet the requirements in 

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

supernumeraries from hypoxia at an activity level required to return to their seats 

following a rapid decompression to 25,000 feet cabin altitude. Additionally, the 

portable oxygen equipment must: 

 meet § 25.1439(b)(1), (2), and (4), and 

 be designed to prevent any inward leakage to the inside of the mask, and 

 prevent any outward leakage causing significant increase in the oxygen 

content of the local atmosphere. 
32 

8. An aural, automatically activated decompression alert must be present and 

immediately recognizable in accessible areas of the Class E cargo compartment to 

notify supernumeraries when to don oxygen masks. If there are two or more alerts 

that a supernumerary may hear or is expected to respond to, there must be an 

automatic visual alert in addition to the automatic aural alert. The pre-flight 

briefing must include training in the sound of the alert, the meaning of the alert, 

and the response to the alert (i.e., procedures for donning the masks and activating 

the flow of oxygen). 

9. A flightcrew-operated aural or visual alert, which is recognized in accessible 

areas in the Class E cargo compartment, must be installed. This aural or visual 

alert is to indicate that, during turbulence, persons must return to their seats. 

Appropriate procedures and limitations must be established to ensure that the 

flightcrew signals the supernumeraries to return to their seats at the onset of 

turbulence and prior to landing. The pre-flight briefing must explain this signal to 

the supernumeraries. 

10. A flightcrew-activated aural or visual signal, which is recognized in the Class E 

cargo compartment, must be installed. This aural or visual signal is to indicate 

that, in the event of fire or smoke in the Class E cargo compartment, persons must 

return to their seats and ensure that the smoke barrier is secured (i.e., the door or 

curtain is closed). Appropriate procedures and limitations must be established to 

ensure that, at the onset of a fire or smoke event, the flightcrew signals the 

supernumeraries to return to their seats and secure the smoke barrier. The preflight briefing must explain these signals to the supernumeraries. 

11. A placard located in the supernumerary area, in a conspicuous location either on 

or adjacent to the smoke barrier, must indicate the following: 

For operational type B 

 no access to the Class E cargo compartment is allowed during any airplane 

operation 

 the smoke barrier must be secured (i.e., the door or curtain must be closed) 

except for ground operations 

The pre-flight briefing must inform supernumeraries of these requirements. 

For operational type C 

 access to the Class E cargo compartment is limited to the care and 

handling of cargo requiring care/attention during flight 

 access to the Class E cargo compartment is limited to a maximum of three 

supernumeraries 

 the smoke barrier must be secured (i.e., the door or curtain must be closed) 

except when entering or leaving the cargo compartment 

 a portable oxygen bottle (with mask attached) must be carried at all times 

when accessing the cargo compartment 
33 

 smoking is not allowed within the cargo compartment 

The pre-flight briefing must inform supernumeraries of these requirements. 

For operational type A 

 access to the Class E cargo compartment is limited to the care and 

handling of animals and cargo only 

 access to the Class E cargo compartment is limited to a maximum of 15 

for the carriage of live animals and associated material 

 the smoke barrier must be secured (i.e., the door or curtain must be closed) 

except when entering or leaving the cargo compartment during cruise. The 

smoke barrier must be latched opened for TT&L for operational type A 

unless fire/smoke has been detected in the main-deck cargo compartment. 

If fire/smoke has been detected in the main-deck cargo compartment, the 

door may be closed if directed by the pilot in charge 

 a portable oxygen bottle (with mask attached) must be carried at all times 

when accessing the cargo compartment 

 smoking is not allowed within the cargo compartment 

 the compartment must not be entered in case of fire/smoke being detected 

inside the Class E cargo compartment except during evacuation 

The pre-flight briefing must inform supernumeraries of these requirements. 

12. Alerting requirements 

 must be distinctive and effective 

 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 

 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 

13. A minimum of 8 inertia reels and harnesses must be installed on the flight deck 

for operational types B and C. In addition to the minimum 8 inertia reels and 

harnesses installed on the flight deck, a minimum of 11 inertia reels and harnesses 

must be installed at a location that can be used for exiting the crew-service door 

when the installed escape slide is not self-supporting on the ground. No flightdeck door may be installed between the supernumerary compartment and flight 

deck that would prevent access to the overhead hatch and 8 inertia reels and 

harnesses. 

14. Additional requirements for a stairway between the upper deck and the main deck 

for operational type A only: 

a. The stairway must be essentially straight. 
34 

b. The stairway must have essentially rectangular treads. 

c. With the airplane in level attitude and in each attitude resulting from the 

collapse of one or more legs of the landing gear, the stairway must have 

entrance, exit, and gradient characteristics that allow the upper-deck 

supernumeraries to evacuate and exit the airplane through the L1 maindeck exit. This must be shown by demonstration, tests, analysis, or any 

combination thereof. 

d. The stairway must accommodate the carriage of an incapacitated occupant 

from the upper deck to the main deck. The crewmember procedures for 

such carriage must be established and included in the AFM. 

e. The stairway must be located to provide occupants an adequate descent 

rate under probable emergency conditions, including a condition in which 

an occupant falls or is incapacitated while on the stairway. 

f. The stairway must be designed and located to minimize damage to its 

structure during an emergency landing or ditching. 

g. 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. This is in lieu of compliance with § 25.812(c), at 

Amendment 25-116. 

h. Means must be provided to assist supernumeraries in locating the stairway 

in dense smoke conditions as part of compliance with § 25.811(c), at 

Amendment 25-88. 

i. An emergency-exit sign meeting § 25.812(b)(1)(i), at Amendment 25-116, 

must be provided in the upper deck near the stairway, visible to 

supernumeraries on the upper deck as required by § 25.811(d)(1), at 

Amendment 25-88. 

j. Floor-proximity lighting, required by § 25.812(e), at Amendment 25-120, 

must be provided along the stairs. 

k. The stairway must have a handrail on at least one side to allow occupants 

to steady themselves during foreseeable conditions, including, but not 

limited to, gear collapse on the ground and moderate turbulence in flight. 

The handrail(s) must be constructed with no obstruction on them that 

causes the user to release their grip or hinder the continuous movement of 

the hands along the handrail. Handrail(s) must be terminated in a manner 

that will neither interfere with occupants walking by nor create a hazard 

(such as catching clothing). The petitioner must demonstrate that the 

design can accommodate the stature of a fifth-percentile female and a 

ninety-fifth-percentile male. 

l. The public-address system must be intelligible in the stairway during all 

flight phases. 

m. “No smoking” and “return to seat” signs must be installed and visible in 

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