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

In the matter ofthe petition of Exemption No. 15296

Aeronautical Engineers, Inc. Regulatory Docket No. FAA-2015-6277 for an exemption from§§ 25.7850), 25.810(a)(1), 25.812(e), 25.855(a), 25.857(e), 25.1447(c)(l), and 25.1449 of Title 14, Code ofFederal Regulations

PARTIAL GRANT OF EXEMPTION By letter dated August 28, 2015, Mr. DavidM. McDonald, Vice President, Aeronautical Engineers Inc., 7765 NW 54111 Street, Miami, Florida, 33166, petitionedthe Federal Aviation Administration (FAA) for an exemptionfrom the requirements of§§ 25.7850), 25.810(a)(l), 25.812(e), 25.855(a), 25.857(e), 24.1447(c)(1), and 25.1449 ofTitle 14, Code ofFederal Regulations (14 CFR). This exemption, ifgranted, would permitthe carriage ofup to seven noncrewmembers (commonlyreferred to as supernumeraries) aft ofthe flight deck on BoeingModel 737-800 airplanes which have been converted from a passengerto freighter configuration. It would allow up to seven supernumeraries access into the Class E main cargo compartment during flight for the purpose ofattending to cargo types requiring care or inspection, orboth (e.g., live animals orhazardous materials). The petitioner requests relieffrom the following regulation(s): Section 25.785(j), at Amendment 25-88, requires, inpertinentpart, a firm handhold to enable occupants to steady themselves when moving through the aisles in moderately rough air. Section 25.810(a)(1), at Amendment25-114, requires a self-supporting emergency exit slide for passengers. Section 25.812(e), atAmendment 25-116, requires floor proximity emergency escape path lighting.Section 25.855(a), at Amendment 25.116, requires that cargo compartments meet one of the class requirements of§ 25.857. Section 25.857(e), at Amendment 25-93, requires, in pertinent part, that when a Class E cargo compartment is installed on the airplane, the airplane is used to carry cargo only. Section 25.1447(c)(1), at Amendment 25-116, requires that oxygen dispensing units mustbe automatically presented to the occupants before the cabin altitude exceeds 15,000 feet. The total number ofdispensing units and outlets must exceed the number ofseats by at least 10 percent. The extraunits mustbe uniformly distributed throughout the cabin as practicable. There must be at leasttwo oxygen dispensing units connected to oxygen terminals in each lavatory. Section 25.1449 requires a means to allowthe crewto determine whether oxygen is being delivered to the oxygen dispensing equipment. Related sections of14 CFR Section 121.583(a) contains, in part, a list ofcategories ofpersons who may be carried aboard an airplane in part 121 service without complying with all the requirements ofpart 121 pertaining to carriage ofpassengers. The petitioner supports its requestwith the following information: This section quotes the relevant information from the petitioner's request, with minor edits for clarity. The complete petition is available at the Department ofTransportation's Federal Docket Management System, on the Internet at http:/ /regulations.gov, in DocketNo. FAA-2015-6277. General Aeronautical Engineers, Inc. (AEI) holds numerous supplemental type certificates (STCs) for modification oftransport aircraft. With regard to this petition, AEI is applying for STCs which allow conversion ofBoeing 737-800 aircraft to a freighter with a Class E main deck cargo compartment. Over 300 Boeing aircraft have been converted by AEI to freighters. Some operators ofAEI freighters need to be able to carry supernumeraries to assist with special cargo such as valuable cargo requiring security and/or perishable, fragile, or live cargo requiring special attention to ensure its safe delivery. The interest of the petitioner is in providing a level ofsafety for the crew, supernumeraries, cargo, and aircraft that will allow operators ofAEI-converted 737 freighters to meet the needs of their clientele. In this case, the supernumeraries are limited to a maximum ofseven persons (plus two crew members for a total ofnine souls on board). The supernumeraries will occupy existingflight attendant and observer seats within or immediately aft ofthe flight deck as well as additional seating being added forward ofthe 9G smoke barrier that separates the supernumerary area from the Class E cargo compartment. 2

### Exemptions Being Petitioned The exemption from§ 25.7850) is necessaryto allow the supernumeraries to move throughthe Class E compartment to care for cargo/animals and firm handholds are not available in the cargo compartment. The exemptionfrom§ 25.810(a)(1), Amendment 25-114, requires there be a selfsupporting emergency exit slide for passengers. Section 25.81O(a)(2) provides that flight crewmay utilize an escape rope for emergency egress. Similarto AEI's STC number ST01827LA, AEI will install an emergency escape rope in the supernumerary area. The exemption from§ 25.812(e) will allowtrained supernumeraries to occupythe Class E compartment. Since the supernumeraries will be trained on emergency procedures, including emergency egress from the cargo area, the lack ofadditional lighting will not adversely affect safety. Exemptionfrom §25.855(a) is also requested as this regulation requires any cargo compartmentto comply with a designated classification of§ 25.857 which would exclude the carriage ofsupernumeraries in the cargo compartment. AEI freighters have a Class E main deck cargo compartment. The exemption from§ 25.857(e) will allow for the accommodation ofup to seven supernumeraries in addition to the crew. The FAA-approved aircraft flight manual (AFM) will contain a supplement with the operating limitation restricting the carriage of occupants to those personnel described in§ 121.583(a). The exemption from § 25.1447(c)(1) is necessary because automatically dispensing oxygen units are not available inside the main deck cargo compartment. Each person entering the cargo compartmentwill carry portable oxygen and a mask. The portable oxygen units meetthe requirements of§ 25.1447(c)(l), excluding the requirement that the number ofoxygen units must exceed the number ofseats by at least 10 percent. Since the supernumeraries will be trained in emergency procedures and will be carrying the portable oxygen with them when not in their seats, an equivalent level ofsafety is maintained without having an additional 10 percent supply cushion. To the extentthe § 25.1449 requires the crewto be able to determine ifoxygen is being provided to the portable oxygen bottles being utilized by the supernumeraries, AEI also seeks exemption from compliance from this regulation as it is technically and commercially infeasible to comply with the requirements of§ 25.1449 whenthe supernumeraries are using portable oxygen. 

### Justification for Request As set for the above, § 121.583(a) contains, in pertinentpart, a listing ofcategories of persons who may be carried aboard an airplane in part 121 service without complying with all the requirements ofpart 121 pertaining to carriage ofpassengers. 3The airplane operations that would require supernumerariesto enterthe Class E cargo compartment are divided into three types: 1. Carriage oflive animals requiring care/attention during flight and associated material only, no othercargo; 2. Cargo only, no live animals requiring care/attention during flight carriage; and 3. Carriage oflive animals requiring care/attention during flight and cargo. For all three types ofoperation it is proposed that seven supernumeraries be allowed in the Class E cargo compartmentin-flight. Class E cargo compartments are usuallyremote from the flight deck and encompass the entire interior ofthe airplane. The means of controlling fires that might occur in the cargo compartmentis to starve the fire ofoxygen. This is accomplished by depressurizing the airplane and maintaining an altitude that will not support combustion. Forthis reason, only crewmembers are permitted onboard such airplanes. AnFAA-approvedtraining plan will be initiated to instructthe supernumeraries in the prohibition against smoking, and procedures in equipmentuse relating to fire suppression, ditching, and emergency evacuation. 

### Request for Waiver ofPublic Comment AEI requests waiver ofthe normal public commentprocess since this request is substantially similar to that already granted CustomAirTransport and because other similarpetitions have already been granted to otherfreighter operators and STC holders to accomplishthe same objectives with very similar conditions
. 

### Public Interest The carriage ofan appropriate number ofattendants aboard an aircraft to monitor and to attend to the special requirement ofvaluable, fragile, perishable, or live animal cargo, serves the public interest in raising the level ofsafety ofthe cargo, the airplane, the flight crew, and consequently, the public in general. In addition, these exemptions will enhance the utility ofthe aircraft, therebyhelping to reduce shipping costs, which will intum be in the public interest. This exemption therefore serves the public interest for safety reasons and also for increased airfreight utility,both domestically and internationally, and consistent commercial operations among all AEI freighter operators. 

### Safety Safety is the primary concern. All safetyrequirements ofthe original type certification of the aircraft will be complied with as defined by the aircrafttype certificate data sheets (TCDS) A3WE. Any adverse effects thatthe exemption and the equivalent level of safety ofthe modification will cause are discussed below. 4Adverse Effects The exemption is to allow for the carriage ofsupernumeraries. Because ofthe level of safetyprovided by 14 CFRpart 25, and the restrictions placed on the carriage of personnel as specified in the FAA-approved AFM supplement, there are no apparent adverse effects. Equivalent Level ofSafety The modification will be designed to incorporate certain features that will ensure the supernumeraries enjoy a level ofsafety equivalent to that enjoyed bypassengers, as provided by the original certification basis ofthe aircraft, and some ofthe updated part 25 regulations. 1. Emergency Equipment

-- In providing for a compensating level ofsafety for the main deck occupants, a fire extinguisher, crewmember protectivebreathing equipment (CPBE), first aid kit, emergency locatortransmitter (ELT), and any other required equipment would be provided. For emergency egress assistance, an axe will be provided to assist in the case ofajammedor stuck exit door. 2. Decompression Signal

-- An automatically activated decompression signal immediately recognizable throughout the cabin areawill beprovidedto automatically notify supernumeraries when to don oxygen. 3. Emergency Lighting System, 14 CFR 25.812 --Anemergency lighting system will be provided to meet Amendment 25-15, including the following items:
• Emergency lighting illumination ofthe seating area, passageways,door signs, instructions, etc. will be provided
. • Exit identifier signs.
• Exterior lighting at the base ofthe slide. Due to theproximity ofthe seats to the intended exits and that the occupants have a direct view ofthose exit doors, it is believed that escape path lighting (EPL) installation will not add to the safety level and therefore, will not be installed and an exemption from § 25.812(e) is requested. 4. Lighted Fasten SeatBelt Signs, 14 CFR25.791 --Flight crew-activated lighted "Fasten Seat Belt" signs will be provided that are visible while seated. 5. Lighted Return to Seat Signs-- Flight crew-activated "Returnto Seat" signs will be provided along the length ofthe aircraft. 6. Flight Deck Communications, 14 CFR25.1423 --A standard aircraft intercom/public address (PA) system will be installed and the P A system will be 

### 5audible from anywhere within the aircraft. The P A system will be activated from either the flight deck or from the supernumerary seating area. 7. 

### Flight Phone-- Two-way communication from the supernumerary seating area to the flight deck will be provided by means ofa flight phone installed within reach ofat least one ofthe supernumeraries at their seats. 8. 

### Placards-- The following placards will be provided:

• No smoking signs

• Door operating instructions

• Slide operating instructions

• Raft operating instructions

• External door exit marking 9. 

### AFM Supplement-- The FAA-approved AFM will be supplemented to contain operating limitations restricting the carriage ofoccupants to those identified in § 121.583.
• The AFM supplement will limitthe seats to being occupied by supernumeraries only. 10
. Dueto the fact thatAEI-converted aircraft are operated internationally, AEI requests the exemption, ifgranted, be applicable both within and outside the United States ofAmerica. 

### Federal Register publication The FAA has determined that good cause exists for waiving the requirement for FederalRegister publicationfor public comment because the request is identical in all material respects to previously granted exemptions; the exemption, ifgranted, would not set a precedent; and any delay in acting onthis petition would be detrimental to AEI. 

### The FAA's Analysis By allowing the carriage ofsupernumeraries aboard cargo flights, operators will be able to optimize the utility ofthe airplanes and the airports. The FAA considers the petitioner'sproposal to be in the public interest for the following reasons.
• These supernumeraries are seen as a benefit to airplane safety and efficient operations of cargo.
6• A significant disruption ofair commerce could occur ifthe petition were not granted.

• The FAAhas granted many exemptions for the carriage ofsupernumeraries on freighter airplanes. The petitioner has requested reliefprimarily from the requirements of§ 25.857(e), whichpermits only the carriage ofcargo when a Class E cargo compartment is installed on the airplane. Class E cargo compartments are usually remote from the flight deck and encompass the entire interior ofthe airplane. The means ofcontrolling fires that might occur in the cargo compartment is to starve the fire ofoxygen. This is accomplished by shutting offventilating airflow and may be enhanced by depressurizing the airplane and maintaining an altitude that will not support combustion. Forthis reason, only crewmembers are permitted on board such airplanes. The petitioner is requesting that supernumeraries be located in an area aft ofthe flight deck. The certificationregulations for transport category airplanes address airplane occupants as either "crew" or "passengers." Due to differences in training, physical capabilities, and other factors (such as familiarity with the airplane), the means required by part25 to address emergency evacuation and emergency equipment for passengers and crewmembers differ. Since supernumeraries are not crewmembers, they must be considered "passengers" by default with respect to part 25. However, the supernumeraries do hold a special status because oftheir training and other factors. The requirement for handholds in§ 25.785(j), at Amendment 25-88, is to ensure that occupants have a means to steadythemselves in moderately rough air while traversing the main aisles of typical passenger airplanes. On the proposed airplane, we find that an acceptable level ofsafety will be provided by the crew-operated visual alert system (returnto seat lighted signs). This visual alert system enables the crewto indicate, atthe onset ofturbulence, that supernumeraries in the cargo compartment ornot intheir seats must returnto their seats. The visual alert mustbe recognized inthe accessible areas ofthe supernumerary area and in the Class E cargo compartment and indicate, during turbulence, thatpersons mustreturn to their seats and secure the smoke barrier (i.e.,the door or curtain mustbe closed)
. The pre-flight briefing would need to explain this alert to the supernumeraries. The petitionerhas requested relieffrom the requirements of§ 25
.810(a)(1), which requires the passenger emergency exits to be equipped with a self-supporting slide or equivalent assist means. The petitionerhas · proposed to install an escape rope inthe supernumerary areajustaft ofthe flight deck. This rope must be acceptable for use with the L1 and R1 exit doors. The issue ofwhether escape ropes for trained supernumerariesprovide an acceptable alternative to the escape slides required by part 25 for passengers is discussed in some length in Exemption Nos. 4808 and 4808A. (The FAA granted those exemptions to the Boeing Commercial Airplane Group in 1987 and 1997,respectively.) This issue is also discussed in ExemptionNo. 5993A, 7which the FAA granted in 1995 to the Boeing Commercial Airplane Group for Boeing 767- 300PF airplanes. The FAArecognizes that supernumeraries, as opposed to passengers, may be selected and trained appropriately in the use ofescape ropes and inertiareels and harnesses. The FAA considers that the typical installation ofescape ropes (one at the entry door and two for the flight deck windows) provides an adequate level ofsafety in this case. The FAA considered the following factors in its decision to allow escape ropes only.

• Maximum oftwo crew and seven supernumeraries seated in the area in andjustaft ofthe flight deck.

• The Boeing Model 737 airplane door and window-sill heights.

• Inertia reels notrequired on other Boeing Model 737 cargo airplanes.

• The expected service life ofthe affected airplanes. The FAA would allowthe petitionerto install inertia reels and harnesses with separate FAA design approval. The intent of§ 25.812(e) is to provide floor-proximity, emergency-escape-path marking in the passenger areas ofthe airplane. Because ofthe limited area aft oftheflight deck and its immediate proximity to the forward emergency exits, the lack ofthe floor-proximity, emergencyescape-path marking will not adversely impactthe safety ofthe supernumeraries. Additionally, the supernumeraries have a higher level oftraining and knowledge ofthe airplane configuration than the typical passenger. The FAA finds that the configuration provides an acceptable level of safety. To comply with§§ 25.855(h)(2) and 25.857(e)(4), there must be suitable means ofpreventing smoke penetration into areas that are occupied. The petitioner's design must provide a barrier which must comply with the smoke penetration requirements for the flight deck and the supernumerary compartment. However, the petitioner indicated that configurations may be approved that will allow supernumeraries to enterthe Class E cargo compartment. To gain access, the supernumeraries would openthe smoke barrier between the cargo compartment and the supernumerary compartment. To provide an appropriate level ofsafety, the petitionermust install a placard indicatingthatthe smoke barrier is to be secured (i.e., the door or curtainmust be closed) exceptwhen entering or exitingthe cargo compartment. The placard must be located in a conspicuous place, either onor nextto the smoke barrier. The FAA has a concern associated with the quantity ofsmoke that may enterthe occupied areas in the event ofa fire onthe main deck. The amount ofsmoke that would enter the supernumerary compartment and flight deck when the smoke barrier is open during evacuation of 

### 8the cargo compartment by the supernumeraries must not create a hazard to the occupants. The smoke source must be considered when demonstrating compliance with § 25.855(h)(2). On previous certification programs, ifaccess into the Class E cargo compartment was going to be allowed, we required that an alert (aural, visual, orboth) be installed, operated by a flightcrew member, and recognized in the Class E cargo compartment. The alert immediatelynotified the supernumeraries that there was smoke orfire in the compartment. The alert indicated that persons must return to their seats and secure the smokebarrier (i.e., close the door or curtain) if there was a fire. The pre-flight briefing included an explanation ofthis alertto the supernumeraries. On this certificationprogram, the petitionerhas proposed installing lighted "returnto seat" signs along the length ofthe airplane (in the supernumerary area and in the Class E cargo compartment) requiring manual activation ofthe alert by the flightcrew. We find that the proposal provides an acceptable level ofsafety, provided that the signs are viewable from all accessible areas ofthe supernumerary area and Class E cargo compartment. Due to the way that fire in the cargo compartment is to be controlled, it is necessary to limit persons on the airplane to supernumeraries who have been found physically fit by the operator and have been briefed on the use ofthe emergency equipment. This limitation on the occupants is consistent with previous approvals and is included in this approval. The petitioner indicated that configurations may be approved that will allow the supernumeraries to enterthe Class E cargo compartment in-flightto attend to animals orhazardous cargo. The FAA considers that the supernumeraries should have an oxygen system that is comparable to that ofpassengers to protect against hypoxia in the event ofa decompression
. However, taking into account the extraknowledge and trainingthat these persons will have, it is notnecessary that an equivalent system be installed. Section 25
.1447(c)(l) requires automatic presentation ofthe oxygen-dispensing units. For seated passengers in typical passenger airplanes, the automatic presentation ofmasks throughout the cabin indicates the need to don an oxygen mask. Supernumeraries on the subject airplane will not have this indication. Foran acceptable level of safety, an automatically activated aural decompression signal must be immediatelyrecognizable throughout the supernumerary seating area and the Class E cargo compartment. Operation ofthis signal must be automatic, with flightcrew manual operation as a backup. Supernumeraries must be trained regarding the location and use ofthe oxygen equipment, and the alerts that indicate the need to don oxygen equipment. The combination ofthe aural alert, along with the supernumerary training to carry the portable oxygen units, compensate for the oxygen masks not being automatically presented
. A portable oxygen system must be carried by each supernumerary upon entering the cargo compartmentto protect against decompression. The use ofportable oxygen equipment following annunciation ofa smoke event should be at the discretion ofthe supernumeraries, depending on where the source ofthe smoke is in relation to each supernumerary and the exit. Therefore, in the event ofsmoke being detected inside the Class E cargo compartment, the supernumeraries inside the Class E cargo compartment must be directed to immediatelyreturn to their seats and secure the smoke barrier. As necessary,the supernumeraries should don their oxygen mask and initiate the flow ofoxygen. 9The portable oxygen units must still meet the intent of§ 25.1449, which states that there mustbe a means for the crewto determine whether oxygen is being delivered to the dispensing units. We find that it would be an acceptable means ofcompliance to train the supernumeraries in making this determination and to provide oxygen flow indication in the oxygen equipment. Section 25.1447(c)(l) also requires 10% extra oxygen masks
. The intent is that these masks will be used by flight attendants and children sitting onpassengers' laps. Since neither will be onboard the airplane, installing 10% extra oxygen masks is not required. Supernumeraries must be trained in the location and use ofthe 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, orofsufficient duration to allow the supernumeraries to return to their seats. Theportable oxygen equipment must meetthe requirements in § 25.1443(a) or (b), or the equipment must be shown to protect the supernumeraryfrom 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)(l), (2), and (4); and

• be designed to prevent any inward leakage to the inside ofthe mask; and

• prevent any outward leakage causing significant increase in the oxygen content ofthe local atmosphere. Configurations may be approved for carrying cargo which would notrequire supernumeraries to access the Class E cargo compartment. Forthese configurations, an aural and visual decompression alert is not required to be recognizable in the Class E cargo compartment ifan airplane flight manual (AFM) operating limitation is established to prohibit supernumeraries from being in the Class E cargo compartment during flight. Placards and procedures must also be changed to be consistent with the AFM operating limitation. The FAA has previously granted exemptions for in-flight access to the Class E cargo compartmentby supernumeraries, provided that certain conditions are met. These conditions have varied depending on the airplane design, the number ofpersons involved, the type ofcargo permitted to be transported in the main deck Class E cargo compartment, and the number of persons needed in the cargo compartment during flight for the type ofoperations. We have divided the access ofthe cargo compartment into three different types ofoperations. 1. Carriage oflive animals and associated material only, requiring care and attention during flight. No other cargo. 2. Cargo only. No live animals requiring care and attention during flight.

103. Carriage oflive animals requiring care and attention during flight and other cargo. All large animals shipped by air need supernumeraries on board for their care and attention during flight because the carriage oflarge animals implies a potential risk due to the brute-force they are capable of, which can endanger safety offlight. Horses are routinely shipped by air and are one ofthe large animals thatrequire care and attention during flight because ofthe bruteforce issue. Also, these horses that are shipped by air are high-value animals and the owners and insurance policies require in-flight care and attention. We understand that there is an industry standard for the air transport ofhorses that recommends one supernumerary (groom/handler) for every three orfour horses. We agree that this recommendation is appropriate to ensure safety of flight. In the first type ofoperation (live animals only), we understand thatthere could be a large number ofhorses inthe main deck cargo compartmentneeding one supernumerary for every three orfour horses. As a result ofthe large number ofhorses (or other large animals) that could be carried, an appropriate number ofsupernumeraries (grooms/handlers) would be required. We have granted exemptions in the pastfor a larger number ofsupernumeraries with access into the main deck cargo compartmentunder certain conditions. These conditions have included limiting the permitted cargo to 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 access to the cargo compartment. The petitionerhas a requested a maximum ofseven supernumeraries to be allowed to access the main deck Class E cargo compartmentin flight for the care and attention of live animals. We acceptthe proposal. With regard to the second type ofoperation (cargo only), the petitioner has proposed allowing access to seven supernumeraries. In previously granted exemptions, unless there is a special need orcircumstance, we have limited the access into the cargo compartmentto up to three supernumeraries only. This number ofsupernumeraries should be capable ofaddressing the access needs for the hazardous materials and valuable orperishable goods during flight. The petitioner has notproposed a special need or circumstance that would require seven supernumeraries access to the Class E cargo compartmentin-flight. Therefore, the maximum number ofsupernumeraries allowed into the Class E cargo compartmentto care for, orattend to, hazardous, valuable, orperishable cargo is three. Concerning the third type ofoperation (combination oflive animals needing care/attention during flight and cargo), weunderstand this is the most common operation used for transporting horses. The industry standard for carriage ofhorses is one supernumerary for every three orfour horses. The petitionerhas requested that a maximum ofseven supernumerariesbe allowed access to the Class E cargo compartment in flight for the care/attention oflive animals and for inspection of cargo. The addition ofcargo to a live-animal carriage operation causes additional risk of exposure from the smoke and fumes ofa fire
. As the number ofsupernumeraries increases and the duration ofexposure increases, we mustprovide for a reasonable level ofprotection from smoke inhalation. Several factors are considered when making a determination for the acceptable level ofsafety in this case. Past industrypractice,the number ofsupernumeraries with access, the airplane configuration, cargo compartment size, limited egress paths,potential 11cargo present, and the duration ofexposure are all relevantfactors. We accept the proposal for allowing a maximum ofseven supernumeraries into the main deck Class E cargo compartment during flight for the care and attention oflive animals and to inspectthe cargo. This exemption does notproviderelief, beyond that explicitly stated, from applicable airworthiness requirements. This exemption discusses specificregulationsthatmust be met for approval ofthe proposed design but does not discuss all the applicable regulations. The FAA's decision In consideration ofthe foregoing, I find that apartial grant ofexemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701 delegated to me by the Administrator, I grant Aeronautical Engineers, Inc. (AEI), an exemption from 14 CFR25.7850), 25.810(a)(1), 25.812(e), 25.855(a), 25.857(e), 25.1447(c)(l), and 25.1449. The exemption is granted to the extent necessary to allow AEI to convert Boeing 737-800 airplanes to freighters with a Class E main deck cargo compartment with provisions for the carriage ofsupernumeraries. This exemption is subject to the following conditions and limitations: 1. The following operating limitations must be documented inthe limitations section ofthe AFM:

a. A maximum ofseven supernumeraries, limited to the categories specified in § 121.583(a)(l)through (7), may occupythe areajust aft ofthe flight deck. The total maximum occupancy ofthe airplane is limited to nine persons, including the flightcrew (two on-duty flight crewmembers and two observers on the flight deck). b. The operatormust determine that each supernumerary:

1. Is physically able and trained to accomplish the necessary emergency procedures.

11. Has beentrained in the use ofthe oxygen units, including making the determination whether oxygen is being delivered to the dispensing units.

c. Prior to each flight, a flight crewmembermustbriefeach supernumerary on the following:

1. The use ofexitropes, exit slides, or inertiareels, including instructions to inspectthe ground to determine whether a safe landing can be achieved before using an assist means and emergency equipment.

1211. The meaning ofall alerts required by this exemption.

111. That access to the cargo areabelowthe smoke barrier is prohibited during taxi, take-off, and landing. 2. Supernumerary Oxygen:

a. There must be at least one portable oxygen unit, with an oxygen mask connected to it, provided for each supernumerary allowed to enterthe main deck Class E cargo compartment during flight. The unit mustprovide an indication to the user when oxygen is flowing. b. The portable oxygen unit must meetthe performance requirements ofeither §25.1443(a) or§ 25.1443(b), orthe equipment must be shown to protect the supernumerary from hypoxia at an activity level required to return to his orher seat following a rapid decompression to 25,000 feet cabin altitude. In addition, the portable oxygen equipment must:

1. Meet§ 25.1439(b)(l), (2), and (4); and

11. be designed to prevent any inward leakage to the inside ofthe mask; and

111. prevent any outward leakage causing significant increase in the oxygen content ofthe local atmosphere.

c. The portable oxygen units must be located outside the cargo compartment (e.g., in the common area) except when in use. d. The portable 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 supernumerary to return to his orher seat where additional oxygen is readily accessible for the remainder ofthe decompression event.

e. Based on the petitioner's proposal,the lavatory and the area with the supernumerary seats must still meet§ 25.1447(c)(l), except for the requirement for 10% extra oxygen dispensing units. 3. Forthe exits designated for supernumerary use, emergency lighting mustprovide adequate illumination at the ground end ofthe assist means where an evacuee would normally make first contact withthe ground, with the airplane in each ofthe attitudes corresponding to the collapse ofone ormore legs ofthe landing gear.

134. Forthe exits designated for supernumerary use, exitropes or nine descent devices (commonly known as inertiareels) and nine harnesses for use withthe descent devices mustbe provided. This condition does not apply to airplanes that retain the passengerevacuation slides. 5. Alerting Requirements:

a. Visual alerts must be visible and recognized in the accessible areas ofthe Class E cargo compartment at all occupant locations and orientations, during all expected operational conditions, including a rapid decompression where moisture in the air may condense. b. Thepre-flight briefing must explainthe alerts to the supernumeraries. The briefing, alerts, and associated procedures and limitations to signal the supernumeraries are not required ifan AFM limitation is established to prohibit supernumeraries in the Class E cargo compartment.

c. Decompression Alert: An automatically activated aural decompression alerting system mustbe present and immediatelyrecognizable in accessible areas ofthe supernumerary area and the Class E cargo compartment to notify supernumeraries when to don oxygen masks. d. Turbulence Alert: A flightcrew-operated visual alerting system, recognizable in accessible areas ofthe supernumerary area and in the ClassE cargo compartment, must be installed to indicate that persons mustreturn to their seats during turbulence. Appropriate procedures and limitations mustbe established to ensure that the flightcrew alerting systems notify the supernumeraries to return to their seats atthe onset ofturbulence andpriorto landing.

e. Smoke/Fire Alert: A flightcrew-activated alerting system, recognizable in the Class E cargo compartment, must be installed
. This aural or visual alerting system is to indicatethat persons mustreturn to their seats and ensure that the smoke barrier is secured (i.e., the door or curtain is closed) in the event offire or smoke in the Class E cargo compartment. Appropriate procedures and limitations must be established to ensure thatthe flightcrew alerting system notifies the supernumeraries to return to their seats and secure the smoke barrier atthe onset ofa fire or smoke event.

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### 6. Placards are to be located outside ofthe cargo compartment, in a conspicuous location either on or adjacentto the smoke barrier. Placards must indicate the following:

a. Occupancy ofthe Class E cargo compartment is prohibited during taxi, take-off, and landing. b. Access is limited to the care and handling ofanimals and hazardous/perishable cargo only.

c. Access is limited to a maximum ofthree persons during flight with cargo only. Access is limited to a maximum ofseven persons during flight with animals only or a combination ofanimals and cargo. d
. The smoke barrier must be secured (i.e., the door or curtainmust be closed) except when entering or leaving the cargo compartment.

e. Smoking is not allowed in the cargo compartment. f
. The Class E cargo compartment must not be entered when smoke/fire is detected inside the compartment. g. A portable oxygen unit must be carried at all times when in the Class E cargo compartment. 7. Main Deck Class E Cargo Compartment Access Limitations:
a. Access into the main deck Class E cargo compartmentin flight is limited to the following three types ofoperation:

1. 

### Carriage oflive animals requiring care and attention during flight, and associated material only. No other cargo.

11. 

### Cargo only. No live animals requiring care and attention during flight.

Ill. 

### Carriage oflive animals requiring care and attention during flight;and other cargo.

15b. The maximum number ofsupernumeraries allowed inthe main deck Class E cargo compartment is three for 7(a)(ii) and seven for 7(a)(i) and (iii)
.

Issued in Renton, Washington, on 

### MAR 1 02016

# ~~ Michael Kaszycki Acting Manager, Transport Airplane Directorate Aircraft Certification Service

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