David M. McDonald

VP, General Counsel 

7765 Northwest 54th Street 

Miami, Florida 33166 U.S.A. 

Phone 305.594.5802

Fax 305.594.5804

www.aeronautical-engineers.com

dmm@aeronautical-engineers.com

August 22, 2014 

U.S. Department of Transportation 

Docket Management System 

400 7th Street SW 

Room PL 401 

Washington, DC 20591-0001 

Attention Transport Airplane Directorate 

 RE: Request For Exemption From FARs For CRJ-200 Freighter Aircraft 

To Whom It May Concern, 

Aeronautical Engineers, Inc. (AEI) seeks exemption from certain Federal Aviation Regulations 

(FAR) pursuant to 14 CFR Part 11. Specifically, AEI seeks an exemption from §§ 25.785(j), 

25.812(e), 25.855(a), 25.857(e), 25.1447(c)(1), and 25.1449 of Title 14, Code of Federal 

Regulations, to allow the carriage of up to three (3) non-crewmembers (commonly referred to as 

supernumeraries) that meet the requirements of §121.583 in an area aft of the cockpit and 

forward of the 9G bulkhead ("Supernumerary Area") on Bombardier CRJ200 freighters to attend 

to special cargo. This request is substantially similar to the requests granted to other freighter 

conversion STC holders, see e.g. Exemption 9487. 

The petitioner requests relief from the following regulations: 

§25.785(j), Amendment 25-88, requires there to be a firm handgrip or rail for persons using the 

aisles during moderately rough flight. The exemption from §25.785(j) is necessary as hand holds 

are not available in this area. 

§25.812(e), Amendment 25-116, requires floor proximity emergency escape path lighting. 

The exemption from §25.812(e) will allow trained supernumeraries to occupy the 

Supernumerary Area during taxi, takeoff, flight, and landing. This area is in the immediate 

proximity of the forward emergency exits. Since the supernumeraries will be trained on 

emergency procedures, including emergency egress, and will be located immediately adjacent to 

the exits, the lack of additional lighting will not adversely affect safety. 

§25.855(a), Amendment 25-116, requires that cargo compartments must meet one of the class 

requirements of § 25.857. AEI's conversion results in the main deck being classified as a Class E 

cargo compartment. Exemption from 14 CFR 25.855(a) is requested as this FAR requires any 

cargo compartment to comply with a designated classification of 25.857 which would exclude 

the carriage of supernumeraries in the area forward of the 9G bulkhead. The 9G bulkhead also 

functions as a smoke barrier between the main cargo compartment and the Supernumerary Area 

and cockpit. 
David M. McDonald

VP, General Counsel 

7765 Northwest 54th Street 

Miami, Florida 33166 U.S.A. 

Phone 305.594.5802

Fax 305.594.5804

www.aeronautical-engineers.com

dmm@aeronautical-engineers.com

§25.857(e), Amendment 25-93, defines the attributes of a Class E cargo compartment, and 

mandates that a Class E cargo compartment may not be on any airplane other than one utilized 

exclusively for the carriage of cargo. The exemption from 25.857(e) will allow for up to three (3) 

supernumeraries on the aircraft who are otherwise prohibited from being present on an aircraft 

with a Class E cargo compartment. 

§25.1447(c)(1), Amendment 25-116, requires, in pertinent part, that oxygen masks must be 

immediately available to each seated occupant, be automatically deployed with manual backup, 

and exceed in number the quantity of seats by ten percent, with the extra units distributed evenly 

throughout the cabin. The exemption from 25.1447(c)(1) will mandate an equivalent level of 

safety for supernumeraries in the Supernumerary Area by requiring portable oxygen bottles that 

will be mounted within reach of the supernumeraries while in their seats. These bottles will meet 

the requirements of 25.1447(c)(1), excluding the requirement that the number of oxygen units 

must exceed the number of seats by at least ten percent. Since the supernumeraries will be 

trained in emergency procedures and will be within reach of a portable oxygen bottle at all times, 

an equivalent level of safety is maintained without having an additional 10% supply cushion. All 

features of the Class E cargo compartment required by §25.855 and §25.857 will be retained and 

all safety requirements of part 25 as defined by the certification basis of the airplane in Type 

Certificate Data Sheet (TCDS) A16WE will be complied with. 

§25.1449 requires the pilots be able to determine there is oxygen being delivered to the 

dispensing unit. To the extent that §25.1449 requires the crew to be able to determine if oxygen 

is being provided to the portable bottles being utilized by the supernumeraries, AEI also seeks 

exemption from compliance with this FAR as it is technically and commercially infeasible to 

comply with the requirements of §25.1449 

Related regulations:

Section 121.285 provides requirements pertaining to the carriage of cargo in passenger 

compartments. 

Section 121.310 requires, in pertinent part, emergency escape means in accordance with 

§25.809(f)(1), emergency exit markings and signs, emergency lighting in accordance with 

§25.812, and passageways and accesses to emergency exits. 

Section 121.317 provides requirements for “No Smoking” and “Fasten Seat Belts” signs in 

accordance with § 25.791 and “No Smoking” placards in accordance with § 25.1541. 

Section 121.583(a) contains a listing of categories of the people who may be carried aboard an 

airplane in part 121 service without complying with all the passenger-carrying airplane 

requirements of part 121. 
David M. McDonald

VP, General Counsel 

7765 Northwest 54th Street 

Miami, Florida 33166 U.S.A. 

Phone 305.594.5802

Fax 305.594.5804

www.aeronautical-engineers.com

dmm@aeronautical-engineers.com

The petitioner supports its request with the following information: 

AEI holds numerous Supplemental Type Certificates for modification of transport aircraft. With 

regard to this petition, AEI has applied for a Supplemental Type certificate for the 

reconfiguration of the Bombardier CRJ200 from passenger configuration to cargo configuration, 

including the installation of a large cargo door and a Class E main deck cargo compartment. 

Over 200 aircraft have been converted by AEI to freighters. Some operators of AEI freighters 

need to be able to carry supernumeraries to assist with special cargo such a valuable cargo 

requiring security and/or perishable, fragile, or live cargo requiring special attention to ensure its 

safe delivery. The interest of the petitioner is in providing a level of safety for the crew, 

supernumeraries, cargo and aircraft that will allow operators of AEI converted CRJ200 freighters 

to meet the needs of their clientele. 

The FAA approved Aircraft Flight Manual (AFM) will contain a supplement with the operating 

limitation restricting the carriage of occupants accommodated to those defined by §121.583 who 

have been trained for such duties. In addition, an FAA approved training plan will be initiated to 

instruct the supernumeraries in the prohibition against smoking, and procedures in equipment use 

relating to fire suppression, ditching, and emergency evacuation. 

The Supernumerary Area will meet the following safety requirements: 

An automatically activated decompression signal immediately recognizable throughout the 

supernumerary area will be provided to automatically notify supernumeraries when to don 

oxygen. Flight crew activated, lighted, “Fasten Seat Belt” signs will be provided and located so 

as to be visible to the supernumeraries while seated. In addition, flight crew activated ‘Return to 

Seat’ signage will be provided in the Supernumerary Area. A standard aircraft intercom/public 

address (PA) system will be retained and the PA system will be audible within the 

Supernumerary Area. Two-way communication from the supernumerary seating area to the flight 

deck will be provided by means of a flight phone installed within reach of at least one of the 

supernumerary seats. Finally, the following placards will be provided: 1. No Smoking Signs; 2. 

Door Operating Instructions; and, 3. External Door Exit Marking. 

Request for Waiver of Public Comment 

AEI requests waiver of the normal public comment process since this request is substantially 

similar to those already granted to other freighter STC holders and because the granting of this 

petition will not create new precedent. 

2. Public Interest 

The carriage of an appropriate number of attendants aboard an aircraft to monitor and to attend to 

the special requirements of valuable, fragile, perishable, or live animal cargo, serves the public 

interest in raising the level of safety of the cargo, the airplane, the flight crew, and consequently, 

the public in general. In addition, these exemptions will enhance the utility of the aircraft, 

thereby helping to reduce shipping costs, which will in turn be in the public interest. 
David M. McDonald

VP, General Counsel 

7765 Northwest 54th Street 

Miami, Florida 33166 U.S.A. 

Phone 305.594.5802

Fax 305.594.5804

www.aeronautical-engineers.com

dmm@aeronautical-engineers.com

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

airfreight utility, both domestically and internationally and consistent commercial operations 

among all AEI freighter operators. 

AEI respectfully requests that this petition be granted. 

Best Regards. 

 Sincerely, 

 

 David M. McDonald 

 VP, General Counsel