The Art of Technology

18321 Parkway

Melfa, VA 2 3410 1 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 April 2 6 , 2012 In reply, refer to 8 422

Docket Management Facility

U.S. De part ment of Transportation 1200 New Jersey Ave., S.E. West Building Ground Floor

Room W12

- 140 Washington, DC 20590

REF ERENCES : (1) FAA Project ST 71 69NY

- 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

................................ ................................ ........ 1 1

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.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 2 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 1 AIRPLANE MODEL

.

This petition is submitted in support modifications to a Boeing B7 47

- 4 00F freighter S upple mental

T ype C ertificate (STC) project number ST 7169 NY

- 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 proje ct. 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 o n 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), A ssist 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 cl assifications listed in 14CFR 121.583 (a)(1)

- (7).

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

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

nullif y 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 freigh t. 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

ta xi 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 “ S upernumeraries” as defined below and permitted access to the main deck cargo area in flight under limitations listed below. TheThe Art of Technology

18321 Parkway

Melfa, VA 2 3410 3 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 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 configu rations 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 exe mptions from 14CFR part 25 regulations.

4 REFERENCES

 T ype 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, pertain ing to B747

- 100/200 cargo aircraft.

 FAA Exemption 8587 B , 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 I nformation Bulletin: In

- flight access to Class E cargo compartments, May 12, 2009

 STC project number S T 7169NY

- T

5 SPEC I FIC RELIEF

a. 25.785(d) (amendment 25

- 64)

R equires that if the seat backs do not have a firm hand hold, there must be a hand grip or rail alo ng each aisle to enable occupants to steady themselves while using the aisles in moderately rough air , a s 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 E xemption 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 theThe Art of Technology

18321 Parkway

Melfa, VA 2 3410 4 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613

duration of the flight, and the presence of personnel trained and qualified in their handling is necessary o n 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 performi ng 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 carr ied on Boeing Model 747

- 400F airplanes are

limited

. The se 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 limitatio ns 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 haz a rdous 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. Experimen ts 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 pe rson 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 contra ct 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 em ployee of the certificate holder when traveling with the employee on company business to or from outlying stations not served by adequate regular passenger flights.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 5 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613

v. Supernumeraries will be permitted access to the main cargo deck during climb, cruise, and d escent 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 du ring 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 th e 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 mitigati on 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

als o 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 seco nds 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 turbule nce 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 activa te 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 Fl ight Manual supplement shall include the requirement for flight crew pre

- flight briefing of the S upernumeraries, including procedures of egress to the Class E compartment, and of emergency p rocedures 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 includ es a limitation that this aircraft be operated on a private, not

for

- common

- carriage

- of

- passengers basis.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 6 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 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 be tween 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 r equired 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 c onfiguration 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 ; t his 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 e vacuation of up to 24 persons in a

similar aircraft; therefore we conclude that all 19 persons proposed in this petition could safe l y exit from the right side of the aircraft in the event of an emergency landing.

b. There is also a n emergency hatch located o n 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 i n 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

t he 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 o n 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 c ertificate A20WE, for 747‟s configured for commercial operations. Reference TCDS A20WE and special conditions 25

- 61

-The Art of Technology

18321 Parkway

Melfa, VA 2 3410 7 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613

NW

- 1, 25

- 71

- NW

- 3

. The situation in this aircraft is more conservative than a passenger configured aircraft : this aircraft is intended fo r 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 t hat 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 b y

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, a nd 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 degre es. 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 Limitat ions 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 sol id

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 1 9 persons located on the upper deck

are able to ex it 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)

R equires, in part pertinen t 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:The Art of Technology

18321 Parkway

Melfa, VA 2 3410 8 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 1. We note that Exemption 1 870E 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 m eans 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 requ est 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 c ondition 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 manu ally 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

- pay ing. Therefore a higher expectation of their capability and familiarity with the exit systems is anticipated.

5. The Boeing 747 installed slide s per the Type Certificate meet the existing 25 knot wind requirement; we propose to maintain this capability witho ut change.

6. Therefore our petition is a request to be exempt ed 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 a ircraft. 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 exempti ons 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 t hat 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

fli ght.

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. Supernu meraries) and adequate space has been demonstrated to be available in the cockpit for flight crew to assist "crew" in evacuating from the cockpit hatch.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 9 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 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 prov ided 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 em ergency 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 t he 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 g ranted 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 cas e of door malfunction ; d. Show by test, that the upper deck passengers can egress via L1 within the required timeframe (s e e 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 d uring 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.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 10 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613

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

the main cargo deck when to r eturn to s eat and to d on o xygen.

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 car ried 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

rema in 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 m ain 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, f ire 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)

Autom atic 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 mas ks 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 n eed 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 ma in 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 co ntrolling fires that might occur in the cargo compartment is to starve the fires of oxygen. This is accomplished by depressurizing theThe Art of Technology

18321 Parkway

Melfa, VA 2 3410 11 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 airplane and maintaining an altitude that will not support combustion. The FAA has previously granted exemptions for carr iage 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 d esign 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 penetrati on requirements for the flight deck and the supernumerary

compartment. T his 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 compa rtment. 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 asse ssment of our Pe tition 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 . . . n ullify any of the escape facilities provided for use after an emergency landing ; and

w hen 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 the se 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

.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 12 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 Figure 1 sample loading in 747

- 400 F, Main Deck

2. The l adder 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 ; W e
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 posit ions 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 lo ad
factor as documented in the weight and balance manual. We shall show this by
analysis

. ii. For B1, w e anti c ipate c argo weight limitations in this cargo location that will
apply a require d 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 , a nd provide necessary limitations in the flight manual and weight and
balance manual supplements.

b. M ain cargo deck positioning shall be limited as follows.

c. The first two car go 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 th is barrierThe Art of Technology

18321 Parkway

Melfa, VA 2 3410 13 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613

and for the cargo in CL and C R positions will be shown to withstand 1.33 times the
specified loads if t hese 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. W e 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 posit ions (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 doo r 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 withs tand 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 multip lied 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 f actors 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 a ccord 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 per sons are onboard then the
L1 path is not required for emergency egress, then current approved aircraft limi tations 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 cer tificate 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.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 14 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 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 i s 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 bu t 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 handl ers 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

consequ ently, 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 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 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 i n 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 T echnologies, 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, certifica tion and installation on p art 25 aircraft. BaySys is the parent company of a p art 145 Repair Station and an FAA Part Manufacturer Authority (PMA) certificate. The company employs over 50 US citizens and provides stron g support to the local economy where theseThe Art of Technology

18321 Parkway

Melfa, VA 2 3410 15 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 employ ees and facilities are located. Moreover, our facility and operations in the Virginia area key in a project led by the County of Accomac k , the State of Virginia and u ni versities teamed with the NASA Wallops Flight F acility in Virginia to crea te 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 privi leged to be a part ner in these efforts

. O ur 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 airc raft 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

an d 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 Virgin ia 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 t he 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 result ing 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 mission s

.

 Our petitions have b een 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 poss ible.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 16 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 9 SUMMARY

The following summary is presented in support of publ ication in the Federal Registry

.

Section s of 14 CFR a ffected :

 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)

Description s of r elief s ought: 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 a ssist 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)Prohib its 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 add ition, 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 con ditions.

B aySys Technologies respectfully submits this Petition for Exemption as regards this project

ST 7169NY

- T

. We believe that the mitigations we have presented will provide a level of safety adequate to protect all crew and supernumeraries in this ai rcraft.The Art of Technology

18321 Parkway

Melfa, VA 2 3410 17 of 17 www.baysys.aero

+1 757.787.7668 BQMS Form 613 Sincerely

,

Nick Olmsted

Director of Certification Telephone: +1 757

- 709

- 1813

Email: nick.o@baysys.aero

c c: Manager

, FAA New York Aircraft Certification Office