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+1 757.787.7668 BQMS Form 613

April 26, 2012

In reply, refer to 8422

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Ave., S.E.

West Building Ground Floor

Room W12-140

Washington, DC 20590

REFERENCES: 

(1) FAA Project ST7169NY-T, Boeing 747-400F Upper Deck Conversion and In-Flight Access 

to Main Cargo Deck.

(2) BaySys original submission for this petition, dated March 20, 2012.

SUBJECT - Petition for Exemption from the Federal Aviation Regulations 14 CFR Part 25

Summary of Contents

1 AIRPLANE MODEL. .....................................................................................................................2

2 REGULATIONS .............................................................................................................................2

3 PURPOSE........................................................................................................................................2

4 REFERENCES ................................................................................................................................3

5 SPECIFIC RELIEF..........................................................................................................................3

a. 25.785(d) (amendment 25-64)..................................................................................................3

b. 25.807(c)(1) (25-67).................................................................................................................6

c. 25.807(c)(5) (25-67) .................................................................................................................6

d. 25.809(f)(1) (25-47) .................................................................................................................7

e. 25.813(b) (25-46) .....................................................................................................................8

f. 25.813(e) (25-46)......................................................................................................................9

g. 25.857(e) (25-60)......................................................................................................................9

h. 25.1447(c)(1) (25-41).............................................................................................................10

6 SPECIFIC REGULATIONS IN COMPLIANCE ........................................................................11

a. 25.561(c).................................................................................................................................11

7 PUBLIC INTEREST .....................................................................................................................13

8 REQUEST TO WAIVE PUBLICATION AND PUBLIC COMMENT.......................................15

9 SUMMARY...................................................................................................................................16

Change bars in margins show the changes from original, reference (2) petition submission.
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1 AIRPLANE MODEL. 

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

Type Certificate (STC) project number ST7169NY-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 March 20, 2012 submission. Changes are marked by change bars 

in the margins.

2 REGULATIONS

A supplemental type certificate (STC) project has been submitted to the NY Aircraft Certification 

Office in support of this project. In order to comply with 14CFR 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;

 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).

This petition documents that this STC project will meet the requirements of 25.561(c), specifically 

that our modification will ensure that main deck cargo will, if cargo breaks loose, be unlikely to 

nullify the escape route proposed in this petition. This is discussed in new section 6, below. 

3 PURPOSE

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

cargo (e.g. horses) in addition to cargo freight. The owner/operator has requested to increase the 

number of personnel carried on the upper deck from 8 persons @ taxi, takeoff and landing (TTL) 

(comprising of 10 seats - four seats on the flight deck and six seats on the upper deck) to a total of 19 

taxi takeoff and landing (TT&L) seats (four flight crew seats on the flight deck and up to 15 

additional persons); of which the 15 persons may be qualified as “Supernumeraries” as defined below 

and permitted access to the main deck cargo area in flight under limitations listed below. The 
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purpose of in flight access to the main deck cargo is care of the cargo. As this purpose and the 

necessary configuration of the aircraft is not in accord with the regulations of 14CFR part 25; and as 

exemptions for configurations similar to this petition already exist; and as these existing exemptions 

when applied to this aircraft would provide an acceptable level of safety for the configuration for this 

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

regulations.

4 REFERENCES

 Type Certificate Data Sheet A20WE, Boeing 747

 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)

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

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

 FAA Exemption 8587B, pertaining to B747-400 (combi) aircraft

 FAA Exemption 8536A, pertaining to Boeing 747-100, 747-100B, 747-100B SUD, 747-200B, 

747-200C, 747-200F, 747-400, 747-400F.

 NM-09-27, Special Airworthiness Information Bulletin: In-flight access to Class E cargo 

compartments, May 12, 2009

 STC project number ST7169NY-T

5 SPECIFIC RELIEF

a. 25.785(d) (amendment 25-64)

Requires that if the seat backs do not have 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, as 

there are no seatbacks and only cargo boxes or empty slots in the main cargo deck and a firm 

handhold may not be available.

Discussion:

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 of 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 
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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.

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 safe handling of hazardous materials whose carriage is governed by 

regulations in 49 CFR Part 175;

4. The security of valuable or confidential cargo; 

5. The preservation of fragile or perishable cargo;

6. Experiments on, or testing of, cargo containers or cargo handling 

devices;

7. The operation of special equipment for loading or unloading cargo; and

8. The loading or unloading of outsize cargo.

9. A person described above, when traveling to or from his assignment. 

10. A person performing duty as an honor guard accompanying a shipment 

made by or under the authority of the United States.

11. 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.

12. A dependent of an employee of the certificate holder when traveling 

with the employee on company business to or from outlying stations not 

served by adequate regular passenger flights.
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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.

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 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, 

consisting of lights and warning horns on the main cargo deck. This installation will 

also require Flight Manual Supplement limitations requiring manual activation when 

turbulence is known or predicted. This will be a two-part system:

i. Return to Seat. A visual alert signal, flashing of every third main deck cargo 

compartment light for 30 seconds at 0.5 second cycle, concurrent with 

activation of ‟ „Return to Seat‟ will indicate to a Supernumerary in the main 

deck cargo compartment to return to seat on the upper deck. The flight crew

will manually activate the signal in case of imminent turbulence or cargo 

compartment smoke warning. 

ii. Don Oxygen Mask. An aural alert signal, sounded by warning horns located in 

the main deck cargo compartment, will indicate to a Supernumerary in the 

main deck cargo compartment to don oxygen, and return to seat on the upper 

deck. This signal will be automatically activated in case of a drop in cabin 

pressure or manually activated by the flight crew. This is also known as the 

“Decompression Signal.” The initiation of this alert signal will also 

automatically activate the visual „Return to Seat‟ signal in the main deck cargo 

compartment.

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, notfor-common-carriage-of-passengers basis.
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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

c. 25.807(c)(5) (25-67)

“... For airplanes on which the vertical location of the wing does not allow the installation of 

overwing exits, an exit of at least the dimensions of a Type III exit must be installed instead of each 

Type IV exit required by subparagraph (1) of this paragraph.”

Discussion:

1. We note that Exemption 1870E grants a similar petition for 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. Current configuration of upper deck with respect to egress:

a. This aircraft upper deck 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. A slide device is on this door, manually deployed; this slide is 

capable of 25 knot wind. We propose to maintain this slide. 

i. In accord with exemptions 8536A and 8587A, this door with manual slide (or 

automatic slide) has been approved for evacuation of up to 24 persons in a 

similar aircraft; therefore we conclude that all 19 persons proposed in this 

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

emergency landing.

b. There is also an 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 could 

not be shown to exit the aircraft from this emergency hatch within 90 seconds, 

unless other testing or 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.

3. Lower Deck evacuation left side, required any time more than 8 persons are carried on the 

upper deck.

a. 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. 

b. 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-
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NW-1, 25-71-NW-3. The situation in this aircraft is more conservative than a 

passenger configured aircraft: this aircraft is intended for private 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 escape slide. We propose to demonstrate this by 

test.

c. The stairway between decks is robust, uniformly wide (>21.5 inches), with a firm 

railing handhold, descends directly towards L1 door to within arms reach of the L1 

door and the opening lever for the slide, has uniform rectangular non-skid treads, and 

can easily be navigated by physically capable persons at any conceivable airplane 

attitude. 

d. 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 degrees. The 

existing ladder, 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 ladders 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 making this judgment. 

e. Proposed Limitations include: 

i. Reactivation of automatic slide on L1, to include life raft provisions.

ii. Requirement to maintain the stair locked in the down position during all phases 

of flight;

iii. Requirement that the smoke barrier be frangible, if the smoke barrier of a solid 

construction.

iv. Installation of emergency lighting from upper deck through L1 exit.

v. Demonstration by test that at least 11 persons of 19 can descend and exit via 

the L1 door; 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.

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)

Requires, in part pertinent to the certification basis of the 747-400F, that each passenger emergency 

exit (other than over wing exits) located more than 6 feet from the ground must be provided with a 

self-supporting slide or equivalent to assist the occupants in descending to the ground. It further 

defines certain criteria for the assist means: automatic deployment capabilities; maximum erection 

times; and, usability under certain landing gear collapse conditions and 25-knot wind conditions. 

Discussion:
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1. We note that Exemption 1870E grants an identical petition 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. While 25.809(f)(1) requires automatically deploying assist means, we note that the right hand 

door includes a manually deployed slide as discussed in 1870E. 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 manually deployed slide provides an adequate means of 

egress when combined with limitations on Supernumeraries as discussed above, e.g. “.. 

physically capable” and “..specifically briefed.” Therefore we request that this relief from 

„automatically deployed means” be extended to this petition and the existing manually 

deployed slide on the right hand upper deck door; so that either an automatically deployed 

slide or a manually deployed slide is an acceptable condition for this approved configuration. 

This the escape means has been demonstrated to be effective at providing safe evacuation of 

occupants to the ground, as documented in 1870E.

3. 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

4. All the persons carried as supernumeraries will be specially trained and qualified as 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.

5. The Boeing 747 installed slides per the Type Certificate meet the existing 25 knot wind 

requirement; we propose to maintain this capability without change.

6. Therefore our petition is a request to be exempted from the “automatically deployment”

requirement of 25.809; experience and prior grants of exemption indicate there is lesser safety 

coverage of persons on the upper deck than in an unmodified aircraft. The owner/operator 

has expressed an intent to modify the current installation to change from manual to automatic 

door on the upper deck, if required. However, the current manual-activated slide has been 

shown on other installations and exemptions to be satisfactory, therefore the intent of this 

petition is to maintain existing status and request to be exempted from the “automatically 

deployment” requirement of 25.809

e. 25.813(b) (25-46)

Assist space next to emergency exits;

Discussion:

1. We note that Exemption 1870E grants an identical petition 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 apace. In 1870E, approval was given to not require a dedicated assist space next to the 

exit right hand door; as it was deemed that a dedicated assist space is not necessary at the crew 

service door for specially trained "crew," (e.g. Supernumeraries) and adequate space has been 

demonstrated to be available in the cockpit for flight crew to assist "crew" in evacuating from 

the cockpit hatch.
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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 upper deck slides, evacuation, and the inertial reels/harnesses. 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 extension of the 1870E exemption to this petition and this 

configuration; to waive need for an assist space next to the right hand upper deck crew service 

door and the emergency hatch.

f. 25.813(e) (25-46)

Prohibits installation of interior doors between passenger compartments and exits.

Discussion:

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 in the open position during taxi, takeoff and landing. 

b. 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.

c. Reengineer the door and verify by test, that the door is frangible and may be opened by 

a fifth percentile female in case of door malfunction; 

d. Show by test, that the upper deck passengers can egress via L1 within the required 

timeframe (see discussion in paragraph on 25.807 above)

e. Ensure portable breathing equipment (PBE) per 25.1439 is available on the upper 

deck, for use in evacuation via L1 if smoke exists.

f. Demonstrate by test that this reengineered smoke barrier/door maintains smoke barrier 

properties;

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

 

g. 25.857(e) (25-60)

Defines the attributes of a Class E cargo compartment, and requires that a Class E cargo compartment 

may not be on any airplane other than one utilized exclusively for the carriage of cargo.

Discussion:

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.
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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. 

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 form 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. 

Discussion:

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, an equivalent 

level of safety is provided by the visual alert system that indicates to compartment occupants 

the need to immediately don oxygen, which they are required to carry while in the 

compartment. 

2. Protective breathing equipment (PBE) per 25.1439 with protective masks will be provided 

and required to be carried at all times while a Supernumerary is in the main cargo deck during 

any phase of flight.

3. The minimum PBE, one per each supernumerary, will be stored in the upper deck.

4. 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 
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airplane and maintaining an altitude that will not support combustion. The FAA has 

previously granted exemptions for carriage of persons in addition to crew on freighter 

airplanes and allowed access to the cargo compartment to care for animals and hazardous and 

sensitive cargo, provided that certain conditions are met. These conditions have varied 

depending on the airplane design and the number of persons involved.

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

either on or next to the smoke barrier. 

6. Smoking will not be permitted on the main cargo deck during any phase of flight.

7. Alerting. The alerting scheme proposed above will be used to indicate visually and aurally, 

when return to seat and when don masks is required. 

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

6 SPECIFIC REGULATIONS IN COMPLIANCE

This section discusses regulations for which our STC will be in compliance, but are significant issues 

to aid FAA assessment of our Petition for Exemption.

a. 25.561(c) 

Requires that cargo items in the main deck must be positioned so that if they break loose, they will be 

unlikely to . . . nullify any of the escape facilities provided for use after an emergency landing; and

when such positioning is not practical each such item of mass shall be restrained under all loads up to 

those specified in paragraph 25.561 (b)(3). The local attachments for these items should be designed 

to withstand 1.33 times the specified loads if these items are subject to severe wear and tear through 

frequent removal (e.g. quick change interior items).

Discussion:

1. This loading diagram of the main cargo deck is a sample showing possible loading conditions 

on the Main Cargo Deck of this 747-400F, and illustrates horse box locations possible in one 

of the loading scenarios. It is used in this document only to discuss relative positions of cargo 

locations in relation to the existing L1 door.
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Figure 1 sample loading in 747-400F, Main Deck

2. The ladder from the upper deck is located forward of position CL, on the left side, adjacent to 

position B1 and aft of positions A1, A2. 

3. More than eight persons on upper deck. When more than eight personnel are seated on the 

upper deck for TTL and therefore the escape path via the ladder to L1 is required; We 

propose to establish below limitations in the weight and balance manual as well as flight 

manual supplement, and show by analysis that our installation is in compliance.

a. Cargo in positions A1, A2, B1 shall be limited by weight and fittings to meet the 

25.561 loading criteria in the direction that may impact the ladder. As required new 

attachment fittings will be installed that meet the necessary loading criteria in 

compliance with 25.561(b) load factors. 

i. For A1 & A2, we expect no changes to weight limitations as these cargo spots 

are forward of the ladder, therefore subject to a load factor of 1.5G in the aft 

direction to impact the ladder, and A1 & A2 are already approved at 1.5G load 

factor as documented in the weight and balance manual. We shall show this by 

analysis.

ii. For B1, we anticipate cargo weight limitations in this cargo location that will 

apply a required load factor of 6G sideward to cargo in this location to ensure 

that loads do not impact the escape path of the ladder. We shall show this by 

analysis, and provide necessary limitations in the flight manual and weight and 

balance manual supplements.

b. Main cargo deck positioning shall be limited as follows.

c. The first two cargo positions (CL & CR) will remain empty during any flight where 

more than 8 persons are on the upper deck for TTL (and therefore egress path will 

include the ladder/L1 door exit). In place of these cargo positions we shall engineer 

and install a barrier that is shown to support at least a 9G load with respect to the 

maximum load available for the next two cargo positions (DL & DR); this new barrier 

will be attached to the fuselage as well as to the floor structure. This barrier shall be 

shown to meet the full 25.561 loading in the most stringent case that may affect the 

ladder/emergency escape path (Forward 9.0g). The local attachments for this barrier 
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and for the cargo in CL and CR positions will be shown to withstand 1.33 times the 

specified loads if these items are subject to severe wear and tear through frequent 

removal (e.g. quick change interior items). We expect this will impact floor structure, 

sidewalls and ceilings and attach to airframe structure, and we will modify the 

structure as necessary, and approve by analysis all necessary changes. We shall 

establish the appropriate limitations in the weight and balance manual as well as flight 

manual supplement, and show by analysis that our installation is in compliance.

d. The next aft two cargo positions (DL & DR) will remain be loaded with a load limited 

to a weight equivalent to that of one horsebox and one horse apiece during any flight 

where more than 8 persons are on the upper deck for TTL (and therefore egress path 

will include the ladder/L1 door exit). We will engineer and install modifications to 

cargo tie down systems such that each item of mass shall be restrained under all loads 

up to those specified in paragraph 25.561 (b)(3); The local attachments for these items 

will be designed to withstand 1.33 times the specified loads if these items are subject 

to severe wear and tear through frequent removal (e.g. quick change interior items). 

The new load limits in these positions will be lower than original load limits such that 

these loads multiplied by a 9G factor will be equal to or less than the original load 

limits in these positions multiplied by a 1.5G factor.

e. The remaining rows of cargo positions be constrained by the existing W&B 

restrictions; These remain approved at the original load factors for the Main cargo 

Deck (e.g. 1.5G) per the Boeing W&B manual of the Type Certificate. As these are 

already restrained to 1.5 G factor and they are aft of the DL & DR positions and they 

are also aft of the newly installed CL & CR barrier, then in accord with 25.561 these 

are judged to be unlikely to nullify the escape path. 

4. Eight or less persons on upper deck for TTL. When eight or less persons are onboard then the 

L1 path is not required for emergency egress, then current approved aircraft limitations for 

weight and balance and cargo loading apply. 

7 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. 
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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.

 

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 forhire airlines, but rather employees of the owner operator and specifically trained, there is no 

degradation to airline passenger safety and therefore no detrimental impact 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 
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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 and 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 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.

8 REQUEST TO WAIVE PUBLICATION AND PUBLIC COMMENT

For both petitions, 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 petitions 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 by July 2012, or 

as soon as possible.
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9 SUMMARY 

The following summary is presented in support of publication in the Federal Registry.

Sections of 14 CFR affected:

 25.785(d) (amendment 25-64), 

 25.807(c)(1) (25-67), 

 25.807(c)(5) (25-67), 

 25.809(f)(1) (25-47), 

 25.813(b) (25-46), 

 25.813(e) (25-46),

 25.857(e) (25-60), 

 25.1447(c)(1) (25-41) 

Descriptions of relief sought: 

Petitioner requests relief from the requirements of 

 25.785(d) (amendment 25-64), relief from requirement for a firm handhold on the main cargo 

deck while occupied in flight;

 25.807(c)(1) (25-67), relief from the requirement of having two Type III exits, one on each 

side, on the upper deck;

 25.807(c)(5) (25-67), relief from the requirement for Type III exit in lieu of Type IV due to 

over wing constraints on upper deck;

 25.809(f)(1) (25-47), relief from an automatic assist mechanism (slide) from Emergency exits 

on upper deck;

 25.813(b) (25-46), relief from a the requirement for an assist space next to emergency exits 

on upper deck;

 25.813(e) (25-46)Prohibits installation of interior doors between passenger compartments 

and exits;

 25.857(e) (25-60), Restriction on Class E cargo Compartment use for cargo only; 

 25.1447(c)(1) (25-41), relief from automatic presentation of O2 masks while in cargo bay.

 In addition, the petition has proposed 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) through (a)(7), given specific operational limitations and conditions.

BaySys Technologies respectfully submits this Petition for Exemption as regards this project 

ST7169NY-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.
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Sincerely,

Nick Olmsted

Director of Certification

Telephone: +1 757-709-1813

Email: nick.o@baysys.aero

cc: 

Manager, FAA New York Aircraft Certification Office