**Exemption No. 10691**  **UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION**  **FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 9805**  **7 -**  **3356** In the matter of the petition of **THE BOEING COMPANY** for exemption from §§ 25.785 (j ), 25.795 (b)(2), (c)(l) and (c)(3), 25.809(a), 25.810(a)(l) , 25.857(e) and 25.1447(c)(l), of Title 14, Code of Federal Regulations **Regulatory Docket No. FAA -**  **20 12**  **- 0956** 

**GRANT OF EXEMPTION** By letter dated July

9, 2012, Doug Lane, Director, Regulatory Administr ation Deputy

L ead Administrator , The Boeing Compan y, PO Box 3707, Seattle, Washington, 98124, petitioned for an exemption from the following sections of Title 14, Code of Federal Regulations (14 CFR): §§ 25.785(j), 25.795(b)(2), (c)(l) and (c)(3), 25.809(a), 25.810(a)(l), 25.857(e) and 25.1447(c)(l) . The proposed exemption, if granted , would allow the carriage of up to 11 additional non crewmembers (commonly referred to as supernumeraries) aft of the flight deck on Boeing Model 767 - 2C airplanes, to allow them access into the Class E main deck cargo compartment during flight for the purpose of attending to cargo types requiring care or inspection, or both (e.g., live animals and/o r hazardous materials). **The petitioner requests relief f rom the following regu**  **lations: Section 25.785(j)**  , at Amendment 25 - 88 , states, “If the seat backs do not provide a firm hand hold, there must be a hand grip or rail along each aisle to enable occupants to steady themselves while using the aisles in moderatel y rough air.” **Secti on 25.**  **795 (**  **b )**  **(2),** at Amendment 25
- 127, ... must be designed to limit the effects of an explosive or incendiary

device as follows: Passenger cabin smoke protection. Means must be provided to prevent passenger incapacitation in the cabin resulting from smoke, fu mes, and noxious gases
... . **Section 25. 795**  **( c**  **) (1),**  at Amendment 25
- 127, Least risk bomb location. An airplane must be designed with a designated location where a bomb or other explosive device could be placed to best protect flight
- critical structures and s ys tems from damage in the case of detonation.2

**Section 25. 795**  **( c**  **) (3),**  at Amendment 25
- 127, Interior design to facilitate searches. Design features must be incorporated that will deter concealment or promote discovery of weapons, explosives, or other objects f rom a simple inspection
... **Section 25. 809(a**  **) ,**  at Amendment 25
- 116, requires, in pertinent part, that each emergency exit must have means to permit viewing of the conditions outside the exit when the exit is closed. The viewing means may

be on or adjacent t o the exit provided no obstructions exist between the exit and the viewing means. Means must also be provided to permit viewing of the likel y areas of evacuee ground contact. The likely areas of evacuee ground contact must be viewable during all lighting conditions with the landing gear extended as well as in all conditions of landing gear collapse. **Section 25. 810**  **( a**  **) (1),**  at Amendment 25
- 114, requires, in pertinent part, that each non
- overwing emergency

exit more than 6 feet from the ground have an approv ed means to assist occupants in descending to the ground
. For passenger exits, this must be a self
- supporting, automatically deployed and erected slide at each applicable exit. **Section 25.857(e) ,**  at Amendment 25 - 93 , requires, in pertinent part, that when a Class E cargo compartment is installed on the airplane, the airplane is used for carriage of cargo onl y. **Section 25.1447(c)(1)** , at Amendment 25 - 116 requires, in pertinent part, that oxygen dispensing units must be automatically presented to the occupants before the cabin altitude exceeds 15,000 feet , 10 % extra oxygen masks, and that there be two ox ygen masks in each lavatory . The relief from this regulation is only requested for the occupants when the y are in the cargo compartment. **Related regulation s:**  **Section 121.583(a)** contains, in pertinent part, a listing of categories of persons who may be carried aboard an airplane in part 121 service without complying with all the requirements of part 121 pertaining to carriage of passengers. **The petitioner s**  **upport s**  **its request with the following information :**  **B. Section of the Code of Federal Regulations (CFRs) that are affected** As provided for in 14 CFR 11.61(b), Boeing hereby petitions for exemption from the following CFRs: Section 25.785(j)

– amendment 88

– If seat backs do not provide a firm handhold, there must be a handgrip or rail along each aisle to enable persons to steady themselves while using the aisles in moderately rough air. Section 25.795(b)(2)

– amendment 127

– Airplanes with a maximum certi ficated passenger seating capacity of more than 60 persons or a maximum certificated takeoff gross weight of over 100,000 pounds (45,359 Kilograms) must be designed to limit the effects of an explosive or incendiary device as follows: Passenger cabin smoke3

protection. Means must be provided to prevent passenger incapacitation in the cabin resulting from smoke, fumes, and noxious gases as represented b y the initial combined volumetric concentrations of 0.59% carbon monoxide and 1.23% carbon dioxide. Section 25.795(c)(1)

– amendment 127

– Least risk bomb location. An airplane must be designed with a designated location where a bomb or other explosive device could be placed to best protect flight
- critical structures and sy stems from damage in the case of deton ation. Section 25.795(c)(3)

– amendment 127

– Interior design to facilitate searches. Design features must be incorporated that will deter concealment or promote discovery of weapons, explosives, or other objects from a simple inspection in the following areas of the airplane cabin: Areas above the overhead bins must be designed to prevent objects from being hidden from view in a simple search from the aisle. Designs that prevent concealment of objects with volumes 20 cubic inches and greater satisfy this requirement. Toilets must be designed to prevent the passage of solid objects greater than 2.0 inches in diameter. Life preservers or their storage locations must be designed so that tampering is evident. Section 25.809(a) )

– amendment 116

– Each emergency exit, including each flightcrew emergency

exit, must be a movable door or hatch in the external walls of the fuselage, allowing an unobstructed opening to the outside. In addition, each emergency exit must have means to permit viewing of the conditio ns outside the exit when the exit is closed. The viewing means may

be on or adjacent to the exit provided no obstructions exist between the exit and the viewing means. Means must also be provided to permit viewing of the likely

areas of evacuee ground cont act. The likely areas of evacuee ground contact must be viewable during all lighting conditions with the landing gear extended as well as in all conditions of landing gear collapse. Section 25.810(a)(1)

– amendment 114

– Each non over
- wing Ty pe A, Type B or T yp e C exit, and any

other non over
- wing landplane emergency exit more than 6 feet from the ground with the airplane on the ground and the landing gear extended, must have an approved means to assist the occupants in descending to the ground. The assist ing means for each passenger emergency exit must be a self

- supporting slide or equivalent; and, in the case of Ty

pe A or Type B exits, it must be capable of carrying simultaneously two parallel lines of evacuees. Section 25.857(e) )

– amendment 93

– Carg o compartment classification. Class E. A Class E cargo compartment is one on airplanes used onl y for the carriage of cargo Section 25.1447(c)(1) )

– amendment 116

– If ox ygen dispensing units are installed, the following appl y: I f certification for operat ion above 25,000 feet is requested, there must be ox ygen dispensing equipment meeting the following requirements: There must be an oxygen dispensing unit connected to ox ygen supply terminals immediatel y available to each occupant wherever seated, and at le ast two oxygen dispensing units connected to4

oxygen terminals in each lavatory
. The total number of dispensing units and outlets in the cabin must exceed the number of seats by at least 10 percent. The extra units must be as uniformly

distributed througho ut the cabin as practicable. If certification for operation above 30,000 feet is requested, the dispensing units providing the required oxygen flow must be automatically

presented to the occupants before the cabin pressure altitude exceeds 15,000 feet. The crew must be provided with a manual means of making the dispensing units immediately available in the event of failure of the automatic sy stem. **C. The extent of relief being sought:** Section 25.857(e)

– Amendment 93

– Only crew members can be carried on airplanes with a Class E compartment. The 767
- 2C is configured with a Class E cargo compartment and has seating to carry up to eleven (11) supernumeraries in a seating compartment that is aft of the flight deck and forward of the main deck cargo compartm ent. Description of relief sought : To allow the 767
- 2C to carry up to eleven (11) supernumeraries, and to also allow them to access the Class E cargo compartment during flight for the care and/or inspection of cargo. Section 25.810(a)(1)

– Amendment 114

– Passenger emergency exits greater than 6 feet above the ground must be equipped with a self
- supporting escape slide or equivalent. The forward entry

and service doors of the 767
- 2C are equipped with inertia reel descent devices as the escape means. Des cription of relief sought : To allow the 767
- 2C relief from the requirement that passenger emergency exits greater than six feet above the ground be equipped with escape slides. Section

– 25.809(a)

– Amendment 116

– The likely areas of evacuee ground cont act must be viewable during all lighting conditions with the landing gear extended as well as in all conditions of landing gear collapse prior to door opening. The ground contact areas of evacuees using inertia reel descent devices from the forward entry and service doors are directly below the door sills, and therefore are not viewable through the doors’ view ports prior to the 767
- 2C entry and service doors being opened. Description of relief sought : To allow the 767
- 2C relief from the requirement that the evacuee ground contact areas are viewable before the doors are opened. Section 25.785(j)

– Amendment 88

– Handholds are required to allow persons to steady themselves in moderatel y rough air. In
- flight access of the 767
- 2C main deck Class E cargo co mpartment is being requested herein and handholds are not provided inside the compartment. Description of relief sought : To allow 767
- 2C relief from the requirement that handholds be provided inside the accessible main deck cargo compartment. Section 25. 1447(c)(1)

– Amendment 116

– For each passenger in operations above 30,000 feet, an auto
- presenting ox ygen dispensing unit is required, including a manual back
- up s ys tem and 10% overage, uniformly distributed. For supernumeraries seated inside the supernumerary compartment, the 767
- 2C is configured with non
- auto presenting ox ygen dispensing units that must be manually retrieved. There are no additional dispensing units nor is there a manual back
- up s ys tem to manually present5

masks. Also, there are no auto
- presenting ox ygen dispensing units inside the main deck cargo compartment for persons accessing the compartment during flight. Description of relief sought : To allow the 767
- 2C relief from the requirement that an auto
- presenting oxygen dispensing unit is required for each supernumerary that is seated or is inside the cargo compartment during flight (+ 10% additional outlets, uniformly distributed, and with a manual back
- up sy stem to manuall y present masks). Section 25.795(b)(2)

– Amendment 127

– To ensur e (passenger) airplane security , means must be provided to prevent passenger incapacitation, considering the smoke, fumes and noxious gas effects of an explosive or incendiary device. The 767
- 2C will not be certified to this requirement because the require ment is associated with a t ypical passenger airplane and the 767
- 2C is an all
- cargo airplane. Description of relief sought : To allow the 767
- 2C relief from the requirement that means must be provided to prevent passenger incapacitation from the smoke, fume s and noxious gases of an explosive or incendiary device. Section 25.795(c)(1)

– Amendment 127

– To ensure (passenger) airplane security , the airplane must be designed for least risk bomb location. The 767
- 2C will not be certified to this requirement bec ause the requirement is associated with a t ypical passenger airplane and the 767
- 2C is an all
- cargo airplane. Description of relief sought : To allow the 767
- 2C relief from the requirement that the airplane be designed for least risk bomb location. Sectio n 25.795(c)(3)

– Amendment 127

– To ensure (passenger) airplane security , the passenger cabin must be designed to facilitate searches for explosive or incendiary devices. The 767
- 2C will not be certified to this requirement because the requirement is asso ciated with a typical passenger airplane and the 767
- 2C is an all
- cargo airplane. Description of relief sought : To allow the 767
- 2C relief from the requirement that the passenger cabin be designed to facilitate searches for an explosive or incendiary devi ce. **D. Description of the Issue** Boeing Commercial Airplanes is currently engaged in the development of a Model 767
- 2C airplane, which is a commercially
- offerable freighter derivative version of the Model 767 - 200 passenger airplane. The 767
- 2C airplane is a ty pical freighter airplane in that it is configured with a main deck Class E cargo compartment and with a supernumerary seating area aft of the flight deck and forward of the cargo compartment. A 9g net with adjacent smoke barrier separates the supernumerary seating area from the cargo compartment. The 9g net and smoke barrier are designed such that personnel can access the cargo compartment from the supernumerary

seating area. Access means are provided on both the left
- hand and right
- hand sides of th e net and the smoke barrier. As provided for in Title 14, Code of Federal Regulations ( 14 CFR) 11.61(b), Boeing hereb y petitions for exemption to allow operators of the 767
- 2C to carry up to eleven (11)6

persons, commonly

referred to as supernumeraries, an d to allow them access into the main deck (Class E) cargo compartment during flight. Access is necessary when transporting certain live animals such as horses and/or to allow for potential inspection of other ty pes of cargos such as hazardous materials. Th e maximum number of persons allowed inside the 767
- 2C main deck cargo compartment during flight is proposed to be the same as previous grants of exemption of this ty pe; three (3) persons if no live animals are being carried and eleven (11) persons if live animals are being carried. The supernumerary

seating area consists of eleven (11) seats, a galley /closet combination, a separate closet, a lavatory , a crew bunk module, two overhead airplane equipment stowage boxes, and all required emergency equipment. A floor
- level emergency

exit and inertia reel descent devices are located on each side of the airplane inside the supernumerary seating area. The categories of supernumeraries being requested to be carried is proposed to be limited by the Airplane Flight Manual (AFM) to those persons defined in Title 14, Code of Federal Regulations ( 14 CFR) 121.583(a)(1) through (a)(7). **E. Statement of No Adverse affect on Safety** The 767
- 2C supernumerary seating area is equipped with a pair of inward
- opening external do ors. The doors’ structural opening in the fuselage is identical to that provided on Boeing model 767 passenger airplanes, however the clear opening now provided at the left
- hand exit no longer meets the minimum height dimension of 72” required of a Ty pe A exit. A three inch reduction of the clear opening height was necessary because of interference between the two doors’ linings when both doors are full y open. As such, the clear opening provided at Door 1L exit is approximately 71”, which is a 3” reduction from the oversized height of 74” provided on Boeing model 767 passenger airplanes. The clear opening width of 42” is retained on both exits, as is the 72” clear opening height of Door 1R exit. Based on the dimensions of the clear openings being provided an d the number of persons requested to be carried, Door 1L and 1R will be certified as an over
sized Ty pe I exit pair, which significantly exceeds the minimum exit requirement of a pair of T ype III exits for seating configurations up to 19 passengers (ref. § 25.807(g)(3)). Both doors can be opened from either the inside or the outside of the airplane. Supernumeraries will be provided with unobstructed access to both exits. Due to the required pre
- flight briefing of these supernumerary personnel in the use of emergency equipment, flight crew assistance during an emergency evacuation will not be necessary
. As an alternative option to evacuating through the floor
- level exits, evacuation can also take place through the flight deck compartment’s left
- hand and right - hand openable windows using the same escape ropes as those provided on all production Boeing model 767 passenger airplanes. The 767
- 2C will be equipped with fifteen (15) inertia reel descent devices at both Door 1Land Door 1R exits. The quantity of de vices installed is sufficient for all airplane occupants. These devices have been shown to be as safe and effective as automatically
-7

erected escapes slides for evacuating a limited number of able
- bodied and properl y trained supernumeraries. Numerous exempt ions have been granted allowing such devices in lieu of escape slides on freighter airplanes approved for supernumerary carriage. Section 25.809(a), Amendment 25
- 116, requires that each emergency exit have a means to permit viewing of the conditions outsi de the exit when the exit is closed, including viewing of the likely

areas of evacuee ground contact. The viewing means for Doors 1L and 1R are viewports with downward
- looking prisms. The viewing means for the openable flight deck windows are the windows themselves. Therefore, all 767
- 2C emergency

exits permit viewing of the conditions outside the exit when the exits are closed. Once the airplane has come to a stop and prior to the exits being opened, viewing of the likely

areas of evacuee ground contact (u sing either a rope from a flight deck window or an inertia reel descent device from Door 1L or 1R exit) is not possible since the ground contact points will be directly underneath the aircraft. However, it should be noted that the downward
- looking prisms o n the doors allow viewing of the ground as close as eight (8) feet to the actual ground contact points directly below the door sills. As such, larger hazards in the vicinity of the ground contact areas below Doors 1Land 1R exits are able to be seen through the viewport prisms before the floor
- level exit doors are opened. One significant reason for the requirements of § 25.809(a) at Amendment 25
- 116 is to prevent the deplo ym ent of an escape slide into a fire or other hazard, since the slide deploy ment is irreversible, and door re
- closure is prevented by the deployed escape slide and associated mechanism that connects the deployed escape slide to the airplane. In most cases, the presence of an external fire in the vicinity of the emergency

exits would be re adil y and easil y recognizable b y the flight crew as the airplane rolls to a stop. In those cases, the flight crew would most likely command an emergency evacuation from either Door 1R or Door 1L exit if a hazard is not viewed through the door prism. Howeve r, if a small fire exists directly underneath either exit and if it was not detected prior to a person opening that exit, the door can then be closed because there are no escape slides installed on the forward doors that would prevent door re
- closure. Door re closure is possible on 767
- 2C airplanes because they are equipped with inertia reel descent de vices in lieu of escape slides. Additionally , the 767
- 2C airplane is configured with new body
- mounted emergency lights at the forward exits, which provide il lumination of the surrounding area and the ground contact areas in dark of night conditions. After emergency exit opening, and before evacuating through either Door 1L or 1R exit, an additional hazard safety assessment can be done of the evacuee ground contact areas b y a person standing at the exit threshold by

simply looking straight down through the open doorway . The local contour of the Boeing model 767 fuselage does not inhibit seeing the ground contact areas directl y below the door sill. The new body - m ounted exterior lights will fully illuminate the ground contact areas in all lighting conditions and for all combinations of gear collapse. The combination of the emergency exits, the escape means, the new external emergency

lights and the required pre
- fli ght briefing will provide an acceptable level of safety

for the flight crew and for the supernumeraries requested to be carried8

aboard the 767
- 2C airplane, with respect to the requirements of § 25.809(a) at Ame ndment 25
- 116. While seated in the supernume rary seating area, each supernumerary will be provided with a quick don ox ygen mask installed at their seat, immediately available, that must be manually retrieved. Since these quick don ox ygen masks are not automatically presented nor is there a manual ba ck
- up sy stem to present the mask as required b y § 25.1447(c)(1), Boeing will include an automatically
- activated aural and visual alert sy stem inside the supernumerary

compartment to inform the supernumeraries b y signals when to don oxygen masks. As a backup to the automated aural and visual alerts, the flight crew will be able to manuall y activate the alerts. Section 25.1447(c)(1) also requires that the number of ox ygen dispensing units exceed the number of seats b y 10% and be uniformly distributed. The inte nt of the 10% overage and the dispensing units’ uniform distribution requirements is to make oxygen available for use by flight attendants moving about the cabin and/or for children sitting on passengers’ laps. Since operation of the 767
- 2C airplane will n ot require flight attendants and will also not be approved to carry children, Boeing requests that the 767
- 2C be exempt from these requirements of § 25.1447(c)(1) as well. Section 25.795 at Amendment 25
- 127 contains airplane design requirements for securi ty considerations. Paragraph (a) specifies design requirements for flight deck doors and their bulkheads if a flight deck door is required b y the operating rules. Since the 767
- 2C does not have a passenger cabin, it is not required by § 121.313(f) to have a flight deck door. As such, § 25.795(a) and its subparagraphs are not mandatory for the 767
- 2C. Per § 1 21.313(j)(2), an y airline operating the 767
- 2C under Part 121 must either implement a security program approved by the TSA for the operation of all airp lanes in their fleet, or alternativel y, upgrade the 767
- 2C flight deck door to meet the requirements of § 25.795(a)(1) and (2). Since the 767
- 2C is designed with a non
- secure flight deck door, any Part 121 operators of the airplane would likel y elect to co mpl y with the option that requires a TSA
- approved screening program for occupants of all airplanes in their fleets. Although the 767
- 2C does not have a passenger cabin in the context of the operating rules as mentioned above, it does have a small supernum erary seating compartment for eleven (11) persons. When granted, the exemption request herein for supernumerary carriage effectively

transforms the 767
- 2C from a flight crew onl y airplane to an airplane approved to carry

supernumeraries, thereby making it ineligible to take advantage of the exceptions in § 25.795(d), which specifically limit the application of § 25.795 requirements to onl y subparagraphs (b)(1), (b)(3) and (c)(2). Although not directly pertinent to the relief being requested herein, the 767
- 2C will comply with subparagraph (b)(1); subparagraph (b)(3) is not applicable because the 767
- 2C is not equipped with a cargo compartment using a fire suppression agent, and compliance with subparagraph (c)(2) is being addressed by an exception request ba sed on direct compliance being impractical, as id entified in the G1 I ssue Paper. With § 25.795(a) not being mandatory to the 767
- 2C and subparagraphs (b)(1), (b)(3) and (c)(2) being addressed as described above, the remaining design requirements of § 25.7 959

are found in subparagraphs (b)(2), Passenger Cabin Smoke Protection, (c)(1), Least Risk Bomb Location, and (c)(3), Interior Design to Facilitate Searches. It is worthy of mention that these remaining requirements are applicable to large passenger airpla nes yet are not applicable to all
- cargo airplanes like the 767
- 2C except for the fact that Boeing is requesting approval for the airplane to carry supernumeraries. The FAA has characterized this airplane applicability rationale (cargo airplanes vs. passen ger airplanes) as being “risk based, e.g., commercial passenger operation is exposed to greatest threat with potentially greatest consequences” (ref. FAA Design for Security Standardization Workshop presentation material, August 5/6, 2009). By comparison, all
- cargo airplanes represent a lesser threat in that they are not available to the general public nor are they approved to carry

the general public. As implied in the Preamble to the Rule, airplanes that are eligible to apply the exceptions contained in § 25.795(d) are subject to supernumerary personnel screening and comprehensive security programs that restrict access to the airplane, which inherently reduces the risk of the airplane being used either as a weapon or as the target of concealing an onboard device. Access to all
- cargo airplanes is tightl y controlled by practice and by regulation. All potential commercial operators of the 767
- 2C will be subject to such supernumerary personnel screening and airplane security programs (reference 49 CFR Part 1544 , Aircraft Operator Security: Air Carriers and Commercial Operators). Additionally , the supernumerary seating compartment of the 767
- 2C is very small and if a device were ever found inside the compartment during flight, re
- locating it to a lesser risk loc ation would not allow much benefit b y comparison to leaving it where it was found. The same can be said for protecting the supernumeraries from smoke, fumes and noxious gases if the explosive or incendiary device were to detonate in the small confines of the 767
- 2C supernumerary compartment during flight. And with respect to designing the interior to facilitate searches, the exception provisions allowed for all
- cargo airplanes in the rule should continue to apply to the 767
- 2C when approved to carry supernumeraries because this class of passenger will be subject to screening and limitations that effectively eliminate the security concerns that the rule is intended to mitigate. Thus, as with the basic provision for Class E cargo compartments, the FAA should treat § 25.795 consistently with other freighter exemptions with respect to this special class of passengers. As such, Boeing requests that the 767
- 2C be exempt from the requirements of §§ 25.795(b)(2), (c)(1) and (c)(3) based on the above rationale. To provide an acceptable level of safety for supernumeraries performing duties inside the main deck cargo compartment during flight, a portable oxygen bottle with integral full
face mask will be provided for each person that can be inside the compartment at the same time. Procedures and airplane placarding will require that each supernumerary accessing the compartment take a portable unit with them. Additionally , an aural and visual alerting s ys tem will be provided inside the main deck cargo compartment. The ale rts will be audible and visible to persons throughout the length of the compartment. The alerting s ys tems are being provided to indicate to persons inside the compartment the need to immediately

don their oxygen mask and return to their seat or, in the cas e of known or anticipated air turbulence, to immediately return to their seat.10

The aural and visual alerts will both activate automatically upon either of the following two scenarios occurring in service: (1) a loss of cabin pressure event or (2) smoke be ing detected inside the Class E compartment. The procedure to be followed for these two scenarios are identical; the person(s) inside the cargo compartment will immediately don their ox ygen mask, initiate flow to it, and then return to their seat. Such ins truction will be included in the required pre
- flight briefing to the supernumeraries, and will also be included on required placards inside the seating area
. If turbulence occurs or is anticipated, the visual portion of the alerting s ys tem will be manuall y activated b y a flight deck crewmember. The procedure to be followed for this scenario will be for the person(s) inside the cargo compartment to immediately return to their seat. Such instruction will also be included in the required pre
- flight briefing to the supernumeraries, and the required placards
. Access to the main deck cargo compartment is gained through either the left
- hand or right
- hand access means provided in the 9g net and adjacent smoke barrier. The placards conspicuously

located adjacent t o the forward side of the left
- hand and right
- hand access means will include the following instructions: 1. Occupancy

of cargo compartment is prohibited during taxi, takeoff and landing 2. Access is limited to inspect/care for cargo 3. Carry portable ox ygen bottle when entering cargo compartment 4. Cargo lights must be turned on when accessing the cargo compartment 5. I f there is smoke or a cargo fire, do not open access means 6. Keep access means closed except during entrance and egress 7. If lights flash inside cargo compartment, return to seat 8. If aural horns sound and lights flash inside cargo compartment, don oxygen mask and return to seat 9. No smoking inside the cargo compartment Handholds will be provided in the supernumerary seating area. Since installation of handholds i nside the main deck cargo compartment is impractical, an acceptable level of safet y will be provided by a flight crew procedure to manually activate the visual alert sy stem inside the cargo compartment when turbulence is anticipated or is being experienced . The flashing lights inside the cargo compartment will indicate to persons inside the compartment the need to imm ediatel y return to their seats. The supernumerary

seating area will include all required emergency lighting s ys tems. The emergency

exit signs , emergency

lights, exit locator signs and markings around Doors 1L and 1R exits will be retained from the production Boeing model 767 - 200 passenger airplane configuration. All flight deck and passenger cabin emergency equipment and markers required by 14 CFR Part 25 will be installed.11

The supernumerary

seating compartment will have protection from hazardous quantities of cargo smoke, flames, or noxious gases via the smoke barrier that separates the supernumerary

seating area from the main deck cargo comp artment. Flight tests for smoke penetration into occupied areas are planned, including taking into consideration that persons may

be exiting the cargo compartment through the open access means. The AFM will include the requirement for the flight crew to p rovide a pre
- flight briefing to the supernumeraries relative to the use of emergency exits and escape means, use of emergency

equipment, and procedures for entering and exiting the Class E cargo compartment during flight, including instructions regarding the aural and visual alerting signals inside the cargo compartment. The AFM will also include flight crew procedures related to the operation of the same alerting s ys tems. Based on the configuration of the 767
- 2C airplane and the operational limitations li sted in the AFM, which are typi cal of a freighter airplane approved to carry supernumeraries and also approved for Class E cargo compartment access during flight, there will be no adverse effect on safety associated with a grant of exemption of this ty pe. Numerous similar exemptions have been previousl y granted. The most pertinent to the 767
- 2C and the relief being requested herein include Exemptions No. 8248, 8258, 8536A, 8587A, 8590B, 9779, 9779A, 9793, 9793A, 9793B, 9696 and 9968. Being very

similar to other grants of its type, Exemption No. 9696 is of particular interest in that the grant originally specified that specific airplane design requirements be listed in the L imitations section of the airplane’s AFM. The FAA subsequentl y re - issued the grant, c orrecting that error b y removing such design requirements from the Limitations section of the AFM. Exemption No. 9793C serves as another example, however not corrected, in that the details of the access means placard and the main deck alerting s ys tem per formance requirements (found in items #10 and #11 of the grant) are required to be included in the Limitations section of the airplane AFM. Boeing acknowledges the FAA's need to specify certain airplane design requirements as conditions of a grant, but su ch design requirements should not be required to be listed in the L imitations section of an AFM. Boeing hereby requests that the FAA consider this aspect when preparing the grant of exemption for the 767
- 2C. **F. Statement of Public Interest** Granting this petition is in the public’s interest because doing so allows potential commercial operators of the 767
- 2C to transport certain cargos that require care and/or inspection during flight to ensure that such cargos are carried efficientl y and safel y. Having s upernumeraries immediately available for cargo handling and cargo management reduces operational costs by not having supernumeraries take separate commercial flights to the cargo destination, which also reduces the turn
- around time for12

the cargo carrier. This serves the overall public interest by virtue of the net cost savings for cargo shipment, resulting in lower costs for goods and materials transported as air cargo, as ultimatel y reflected in lower consumer costs for goods transported as air cargo. **G. Request for Waiver of Publication**  The petitioner requests that this petition for exemption not be delayed b y the public process, which includes publication of the subject petition. Many similar exemptions have been granted allowing supernumeraries to be carried on all
- cargo airplanes and also allowing them access into the Class E cargo compartment during flight. The regulations from which relief is being requested are similar to other grants of exemption except for the addition of § 25.795, which include s exceptions to its requirements for all
- cargo airplanes. As such, Boeing believes good cause exists for the FAA to consider waiving the publication and comment requirements of Title 14, Code of Federal Regulations (14 CFR) 11.85, 11.87, and 11.89. **H. Pri vileges of this Exemption Outside the United States**  Per § 11.81(h), Boeing requests that the privileges of this exemption, if granted, be extended outside the United States. This extension of privileges is necessary for operations based within foreign co untries having bilateral agreements with the United States accepting 14 CFR Part 25 as their airworthiness standards for transport category aircraft. The 767
- 2C is being offered to the global market place. **I. Conclusion** The 767
- 2C airplane is a commercia lly
- offerable freighter derivative version of the Boeing model 767 - 200 passenger airplane. In order to carry cargo efficiently

and safel y, the 767
- 2C is configured to carry up to eleven (11) supernumeraries in a dedicated seating compartment located betwe en the flight deck and the Class E cargo compartment. In order to facilitate the carriage of specialized cargos such as large, live animals and/or hazardous materials, the 767
- 2C is also configured to allow supernumerary access into the Class E cargo compartment during flight. Many similar exemptions of this ty pe have been granted b y the FAA. Based on the 767
- 2C configuration and the proposed AFM limitations regarding supernumerary carriage and main deck cargo compartment access during flight, there will be no adverse effect on safety associated with a grant of exemption in this case. **Federal Register publication**  A summary

of the petition was published in the Federal Register on October 30, 2012 ( 77 FR 65761 ). No comments were received.13

**The FAA's analy si**  **s** By allowing the carriage of the supernumerary persons aboard cargo flights , operators will be able to optimize the utility of the airplanes and the airports. The FAA considers the petitioner’s proposal to be in the public interest for the following r easons: 1. These supernumeraries are seen as a benefit to airplane safety and efficient operations of air cargo. 2. A significant disruption of air commerce could occur if the petition were not granted. 3. The FAA has granted several exemptions for the carriage of supernumeraries on freighter airplanes. The petitioner has requested relief from the requirements of § 25.857(e), which permits carriage of only cargo when a Class E cargo compartment is installed on the airplane. Class E cargo compartments are usual ly remote from the flight deck and encompass the entire interior of the airplane. The means of controlling fires that might occur in the cargo compartment is to starve the fire of ox ygen. This is accomplished b y shutting off ventilating airflow and may b e enhanced b y depressurizing the airplane and maintaining an altitude that will not support combustion. For this reason, only crewmembers are permitted on board such airplanes. The certification regulations for transport category airplanes address airpl ane occupants as being either “crew” or “passengers.” Due to differences in training, phys ical capabilities, and other factors , such as familiarity with the airplane, the means required by part 25 to address emergency evacuation and emergency equipment fo r passengers and crewmembers differ. Because supernumeraries are not crewmembers, they must be considered “passengers” by default with respect to part 25. However, supernumeraries do hold a special status because of their training, and other factors. The FAA has determined that, due to the way fire in the cargo compartment is to be controlled, the operator must find the supernum eraries (persons) to be phy sically fit and must brief them on using emergency

equipment. These limitations on the occupants are consistent with previous approvals and are included in this approval. The handholds requirement of § 25.785(j), is to ensure that occupants have a means to steady themselves in moderatel y rough air while traversing the main aisles of typical passenger airplanes. On the proposed airplane, we concur with the petitioner that an acceptable level of safet y will be provided by the crew
- operated visual alert s ys tem. This visual alert s ys tem enables the crew to indicate, at the onset of turbulence, that super numeraries in the cargo compartment must return to their seats. The visual alert must be recognized in the accessible areas of the Class E cargo compartment, and indicate, during turbulence, that persons must return to their seats and secure the smoke bar rier (i.e., the door or curtain must be closed). The pre
flight briefing must explain this alert to the supernumeraries.14

To comply

with §§ 25.855(h)(2) and 25.857(e)(4), there must be suitable means of preventing smoke penetration into the occupied areas . The petitioner’s design accounts for this by providing a barrier, which must comply with the smoke penetration requirements for the flight deck and the supernumerary compartment. However, the petitioner has indicated that configurations may

be approved that will allow supernumeraries to enter the Class E cargo compartment, which involves open ing door s through the smoke barrier between the cargo and the supernumerary

compartment s . In order to provide an appropriate level of safety, the petitioner must i nstall placard s indicating that the door s through the smoke barrier are to be secured (i.e., the door s must be closed) except when entering or exiting the cargo compartment. The placard s must be located in a conspicuous place, either on or next to the smo ke barrier door s . The FAA has a concern associated with the quantity of smoke that may enter the occupied areas in the event of a fire on the main deck Class E cargo compartment . The amount of smoke that would enter into the supernumerary compartment and flight deck when the smoke barrier is open during evacuation of the cargo compartment b y the supernumeraries must not create a hazard to the occupants. This smoke must be considered when demonstrating compliance with § 25.855(h)(2). All combinations of these doors being open and closed must be considered. Flight testing is required for compliance. The petitioner has proposed an aural and visual alert to indicate that persons must return to their seats and secure the smoke barrier (i.e., close the door s ) if there is a fire. On the proposed airplane, we concur with the petitioner that an acceptable level of safety will be provided by the automatic alert s ys tem with a crew - operated backup aural and visual alert sy stem. This aural and visual alert sy stem enables the crew to indicate, at the onset of smoke/fire, that supernumeraries in the cargo compartment must return to their seats. The aural and visual alert must be recognized in accessible areas of the Class E cargo compartment, and indicate, during sm oke/fire, that persons must return to their seats and secure the smoke barrier (i.e., the door or curtain must be closed). Appropriate procedures and limitations would need to be established to ensure that the flightcrew member alerts the supernumeraries to return to their seats and secure the smoke barrier door at the onset of a fire. The pre
- flight briefing would need to explain this alert to the supernumeraries. The petitioner has requested relief from the requirements of § 25.795(b)(2) , (c)(1), and (c)(3) , which contain the design requirements for security. Since the 767
- 2C has a supernumerary compartment it does not fall under the clause in § 25.795(d), which states “Airplanes used solel y to transport cargo onl y need to meet the requirements of para graphs (b)(1), (b)(3), and (c)(2) of this section.” But since the 767
- 2C will be operated as a freighter and the operator will be required to have a TSA approved security program for their operational fleet , the FAA deems it appropriate to exempt the 767
- 2C from the requirements specified in § 25.795(b)(2) , (c)(1), and (c)(3) which is consistent with how supernumerary compartments are currently handled on the existing freighter fleet. The petitioner has requested relief from the requirements of § 25.809 (a), which requires that the forward door have viewing portholes with downward looking prism that provide a general downward unobstructed view . The proposed doors will have portholes , but will not permit15

viewing of the likely

areas of evacuee ground conta ct. We clarify that a fire is a significant reason, but not the onl y reason, for the requirement. Acute changes in terrain are also an issue, as is hazardous debris, etc. We agree in this specific case with the petitioner’s rationale that in most cases the presence of a fire in the vicinity of the flight deck windows and forward doors would be recognizable by the flight deck crew in the case where an evacuation is necessary
. Because the assist means is an inertia reel, the evacuee has a bit more control over the landing zone as compared to being expelled off the end of an escape slide. We find that the existing door portholes combined with the inertia reel assist means, eleven person occupancy and additional procedures proposed b y the petitioner will provide an acceptable level of safety
. The petitioner has requested relief from the requirements of § 25.810(a)(1), which requires the passenger emergency

exits to be equipped with a self
- supporting slide or equivalent assist means. Boeing has proposed to install descent devices (commonly known as inertia reels) at the forward emergency

exit. The issue of whether inertia reels with harnesses for trained supernumeraries provide an acceptable alternative to the escape slides required by part 25 for passenger s is discussed in some length in Exemptions No. 4808 and 4808A. (The FAA granted those exemptions to the Boeing Commercial Airplane Group in 1987 and 1997, respectively .) This issue is also discussed in Exemption No. 5993A, which the FAA granted in 1995 to the Boeing Commercial Airplane Group for Boeing 767
- 300F airplanes. The FAA recognizes that supernumeraries, as opposed to passengers, may be selected and trained appropriatel y in the use of escape ropes and inertia reels and harnesses. We consider th at the petitioner’s proposed installation of inertia reels and harnesses at the emergency exit doors and retention of the existing escape ropes installed for the flight deck window exits on the left and right side provides an adequate level of safety to su pernumeraries for the petitioner’s airplane configuration. The petitioner indicates that configurations may be approved that will allow supernumeraries to enter the Class E cargo compartment to tend to animals or cargo. To provide an acceptable level of safet y to the “immediately available” requirement of § 25.1447(c)(1) while in the Class E cargo compartment, each supernumerary must carry

on his or her person a portable oxygen bottle with a mask connected to it. Section 25.1447(c)(1) also requires autom atic presentation of the oxygen dispensing units. For seated passengers in typical passenger airplanes, the automatic presentation of masks throughout the cabin indicates the need to don an ox ygen mask. However, the supernumeraries in the supernumerary

c ompartment and in the Class E cargo compartment would not have this indication. The petitioner has proposed an automatically activated aural and visual decompression alert sy stem in the event of cabin decompression. We find that the proposed sy stem provi des an acceptable level of safety, as long as the automaticall y activated aural and visual decompression alert is present and immediately recognizable throughout the supernumerary

compartment and the accessible areas in the Class E cargo compartment. As a backup to the automated alert s ys tem, the flightcrew must be able to manually initiate the alerts.16

Additionally , the petitioner proposed to provide supernumeraries with portable walk around oxygen bottles equipped with a supplemental passenger ox ygen mas k when accessing the main deck Class E cargo compartment. The proposed equipment would supply at least 3.6 liters of oxygen per minute at 40,000 feet cabin altitude for not less than 25 minutes. The FAA determined that the proposed equipment with additio nal specifications provides an acceptable level of safety . To ensure adequate hy poxia protection during non
- sedentary use, the portable oxygen device(s) must meet the requirements for flightcrew ox ygen equipment (§ 25.1443(a) or (b)), or the equipment mus t be shown to protect the supernumerary from hy poxia at an activity level required to return to his or her seat following a rapid decompression to 25,000 feet cabin altitude. One acceptable means of compliance is the use of a continuous flow passenger ox ygen mask that meets FAA Technical Standard Order TSO
- C64a, or later revision, and is approved for use up to at least 40,000 feet cabin altitude, and is connected to an ox ygen bottle that supplies a flow rate of at least 4 liters per minute NTPD (Normal Temperature and Pressure Dry) at a cabin altitude of 23,000 feet. If the ox ygen bottle regulator has more than one flow rate it must be set to 4 liters per minute NTPD. The non - auto presenting oxygen dispensing units at the supernumeraries seats and the p ortable oxygen units must still meet § 25.1449, which states that there must be a means for the crew to determine whether ox ygen is being delivered to the dispensing units. The FAA has determined that it would be an acceptable means of compliance to train the supernumeraries in making this determination and to provide oxygen flow indication in the oxygen equipment. Section 25.1447(c)(1) also requires 10% extra oxygen masks. The intent is that these masks will be used b y flight attendants and children sitting on passengers’ laps. Since neither will be on
board the airplane, installing 10% extra ox ygen masks is not required. Supernumeraries must be trained regarding the location and use of ox ygen equipment and the alerts that indicate the need to don oxyg en equipment. The oxygen units must be sized adequatel y for continuous and uninterrupted use during worst
- case flight duration following decompression. Configurations may

be approved for carryingcargo, which would not require supernumeraries to access the Class E cargo compartment. For these configurations, an aural and visual decompression alert is not required to be recognizable in the Class E compartment if an Airplane Flight Manual (AFM) limitation is established to prohibit supernumeraries from bei ng in the Class E cargo compartment during flight. Placards and procedures must also be changed to be consistent with the AFM limitation. The FAA has previously

granted exemptions for in
- flight access of the Class E cargo compartment b y supernumeraries, provided that certain other conditions are met. These conditions have varied, depending on the airplane design, the number of persons involved, and the ty pe of cargo permitted to be transported in the main deck Class E cargo compartment. We have been rev iewing the operational need to access the Class E cargo compartment in
- flight and the number of persons needed in the cargo compartment for the ty pe of operation. We have divided the access of the cargo compartment into three different ty pes of operations
. They are:17

1 . Carriage of live animals requiring care/attention during flight and associated material only , no other cargo. 2 . Cargo onl y, no live animal requiring care/attention during flight carriage. 3 . Carriage of live animals requiring care/ attention during flight and cargo. All large animals being shipped by air need supernumeraries on board for their care/attention during flight because the animal’s potential for brute force can endanger flight safety. Horses are routinely shipped b y air and are one of the large animals that require care/attention during flight because of the brute force issue. Also, these horses that are shipped b y air are high value animals and the owners/insurance policies require in
- flight care/attention. T he industry standard for the air transport of horses recommends one supernumerary (groom/handler) for every three or four horses. We agree that this recommendation is appropriate to ensure safety of flight. In the first ty

pe of operation , we understand that the ind ustry standard for carriage of horses is one supernumerary

for every three or four horses. Considering the size of the 767 - 2C airplane there could be several horses in the main deck cargo compartment. As a result of the large number of horses or other large animals , an appropriate number of supernumeraries (groom s /handler s ) would be required . We have granted exemptions in the past for larger number of supernumeraries with access into the main deck Class E cargo under certain conditions. These conditions have included limiting the permitted cargo to the large live animals and associated cargo onl y. We have considered that live animals are less flammable cargo than other cargo, therefore, we have allowed more access to the cargo compartment. The petition er has requested a maximum of eleven supernumeraries be allowed to access the main deck Class E cargo compartment in
- flight for the care/attention of live animals. We accept the proposal. With regard to the second ty pe of operation, we have limited acces s into the cargo compartment to a very small number of supernumeraries (one to three). This number of supernumeraries should be capable of addressing the access needs for the hazardous materials and valuable or perishable goods during flight. The petitio ner queried a number of freighter operators and all but one agreed that three supernumeraries with access into the Class E cargo compartment were adequate for this ty

pe of operation. The one dissenter argued that the maximum number of supernumeraries bein g carried on board a flight should be allowed inside the compartment at the same time because there could be an emergency inside the compartment that cannot be remedied by onl y three supernumeraries. Therefore, the petitioner requested eleven supernumeraries be allowed access to the Class E cargo compartment in
- flight for the inspection of cargo. As noted above, all but one operator agreed that allowing three supernumeraries to access the cargo compartment would be sufficient. Three supernumeraries shoul d be capable of addressing the access needs for the hazardous materials, valuable or perishable goods. Therefore, the maximum number of supernumeraries allowed into the Class E cargo compartment to care/attend to hazardous cargo is three. Concerning the third ty

pe of operation, live animals requiring care/attention during flight and cargo, we understand this is the most common operation used for transporting horses. The industry standard for carriage of horses is one supernumerary for every three or four horses. The18

petitioner has requested a maximum of eleven supernumeraries be allowed to access the Class E cargo compartment in
- flight for the care/attention of live animals and/or inspection of cargo. We accept the proposal for a maximum of eleven super numeraries to be allowed access into the main deck Class E cargo compartment in flight for the care/attention of live animals and to inspect the cargo with the following limitation : The addition of cargo to a live animal carriage operation causes additi onal risk of exposure from the smoke and fumes of a fire. As the number of supernumeraries increases, and the duration of exposure increases , we must provide for a reasonable level of protection from smoke inhalation. Several factors are considered when making a determination of the acceptable level of safet y in this case. P ast industry practice, the number of supernumeraries with access, the airplane configuration, cargo compartment size, limited egress paths, potential cargo present , and the duration o f exposure are all relevant factors. Considering the above factors, in the general case, i f Class E cargo compartment access is approved for four or more supernumeraries for this mode of operation, a portable sy stem (e.g., smoke hood, full face mask oxyge n sy stem) that will protect against smoke inhalation must be carried b y each supernumerary . As the petitioner has proposed to provide the same alert for both decompression and smoke/fire, and a single sy stem that affords protection from both hy poxia and s moke inhalation (e.g., a full face mask and ox ygen bottle) , this single s ys tem must be used in an y of the three typ es of cargo operations and b y every supernumerary that enters the Class E cargo compartment. **The FAA’s decision** In consideration of the for egoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, The Boeing Compan y is hereby granted an exemption from §§ 25.785(j), 25.795(b)(2), (c)(l) and (c)(3), 25.809(a), 25.810(a)(l) , 25.857(e) and 25.1447(c)(l)
. The petition is granted to the extent necessary to allow t ype certification of Boeing Model 767 - 2C series freighter airplanes with provisions for the carriage of supernumeraries , but limits the supernumeraries ’ Class E cargo compartment access to specific ty pes of operation as described in 2.b, below
. This exemption is subject to the conditions and limitations below. The following conditions and limitations numbers 1 through 5 , 6.e, 6.f, 9, and the preflight briefings required by 7 and 8 , below , must be documented in the Limitations Section of the Airplane Flight Manual : 1 . A maximum of 11 supernumeraries may occup y the area just aft of the flight deck. The total maximum occupancy of the airplane is limited to 15 persons, including the flightcrew ( 2 on - duty

flightcrew members and 2 off
- duty flightcrew members ). 2 . The supernumeraries are limited to the categories specified in §§ 121.58 3(a)(1) through 121.583(a)(7).19

3 . Main Deck Class E Cargo Compartment Access Limitations: a . Supernumeraries are prohibited from accessing the cargo area s during taxi, take
off , and landing. The pre
- flight briefing must inform supernumeraries of this requirement. Access is limited to the main deck Class E cargo compartment. b
. Access into the main deck Class E cargo compartment in
- flight is allowed for only three ty

pes of operation . They

are: (1) Carriage of live animals requiring care/attention during flight and associated material onl y, no other cargo. The maximum number of supernumeraries allowed in the cargo compartment is 11 . (2) Cargo onl y, no live animal requiring care/attention during flight. The maximum number of supernumeraries allowed in the cargo compartment is 3 . (3) Carriage of live animals, requiring care/attention during flight, and cargo. The maximum number of supernumeraries allowed in the cargo compartment is 11 . 4 . Prior to each flight, a flightcrew member must brief each supernumerary on the use of exits, including ins tructions to inspect the ground to determine whether a safe landing can be achieved before using an assist means, and emergency equipment. 5 . The operator must determine that each supernumerary is ph ys icall y able and trained to accomplish the necessary emergency procedures. 6 . Supernumeraries Fixed and Portable Ox ygen: a. There must be at least one fixed non
- automatically presenting ox ygen unit installed and located such that each occupant can don a mask and can simply activate the ox ygen flow while seat ed. The unit must provide an indication to the user that oxygen is flowing. b. There must be at least one portable ox ygen unit with a mask connected to it provided for each supernumerary allowed to enter the main deck Class E cargo compartment during flight . The unit must provide an indication to the user that oxygen is flowing. c . T he portable ox ygen unit must meet the performance requirements of § 25.1443(a) or § 25.1443 (b) , or the equipment must be shown to protect the supernumerary

from h yp oxia at an activity level required to return to his or her seat following a rapid decompression to 25,000 feet cabin altitude.20 d
. The portable units must be located outside of the cargo compartment (e.g., in the common area )
. e . Each supernumerary must carry

a port able emergency

oxygen unit whenever he or she is in the cargo compartment during flight. f
. The supernumeraries must be trained in the use of the fixed and portable oxygen units. The supernumeraries must also be trained in making the determination whethe r oxygen is being delivered to the dispensing units. g . The fixed and portable oxygen units must be sized adequatel y for continuous and uninterrupted use during worst
- case flight duration following decompression , or must be of sufficient duration to all ow the supernumeraries to return to their seats where additional oxygen is readily accessible for the remainder of the decompression. h
. Additionally , since the petitioner has decided to provide the same alert for both decompression and smoke/fire, the p ortable oxygen unit must meet the protective b reathing e quip ment (PBE) requirements in § 25.1439 (b)(1), (2), and (4), and the equipment and sy stem must be designed to prevent any inward leakage to the inside of the device and prevent any outward leakage ca

using significant increase in the oxygen content of the local ambient atmosphere ( i.e ., full face mask ty pe.) 7 . Decompression and Smoke/Fire Alert : Based on the petitioner’s proposal, an automatically activated aural and visual decompression and smok e/fire aler t wi th crew
- activated manual backup must be provided and immediately

recognizable throughout the supernumerary compartment and the accessible areas of the Class E cargo compartment . This alert must notify supernumeraries when to don the fixed no n - automatically presenting oxygen unit or the portable full face mask oxygen units, return to their seats and ensure that the smoke barrier is secured (i.e., the door s are closed). The pre
- flight briefing must include training in the sound of the alert , the meaning of the alert , and the response to the alert and cover procedures for donning the masks and activating the flow of oxygen. 8 . Turbulence Alert : Based on the petitioner ’ s proposal, a flightcrew operated visual alert , which is recognized through out the supernumerary seating area and in accessible areas in the main deck Class E cargo compartment, must be installed to indicate, during turbulence or predicted turbulence , that persons must return to their seats. The alert must be clearly distinguish able from the decompression/fire/smoke alert, so that supernumeraries do not waste time putting on the oxygen masks before returning to their seats. Appropriate procedures and limitations must be established to ensure that the flightcrew alert s the supernumeraries to return to their seats at the onset of turbulence and prior to landing. The pre
- flight briefing must explain this alert to the supernumeraries.21

9 . Placards: P lacard s are to be located outside of the cargo compartment , in a conspicuous locat ion either on or adjacent to the smoke barrier doors . The placards must indicate the following: a. Do not occup y the Class E cargo compartment during taxi, take
- off, and l anding
. b. A ccess is limited to the care and handling of animals and cargo only
. c. Access is limited to a maximum of 3 persons when hauling cargo onl y (no live animals requiring care and attention). Access is limited to 11 persons when transporting live animals. d. T he smoke barrier must be secured (i.e., the door s must be closed) except when e ntering or leaving the cargo compartment
. e. A portable ox ygen bottle with full face mask attached must be carried at all times when in the cargo compartment
. f. S moking is not allowed within the cargo compartment
. g. T he compartment must not be entered in case of fire/smoke being detected inside a Class E cargo compartment . The pre
- flight briefing must inform supernumeraries of these requirements. 1 0 . Alerting Requirements : a. Must be distinctive and effective. The alert for turbulence must be clearl y distinguishable from the alerts for decompression/fire/smoke. b. Visual alerts must be visible from all occupant locations and orientations, during all expected operational conditions including a rapid decompression where moisture in the air may

condense. c. Aural al erts must be loud enough to be heard during all expected operational conditions including a rapid decompression where the ambient noise level will increase. 11. A standard airplane public address (PA) s ys tem must be installed. Itmust be audible through out the supernumeraries’ seating area.22

12. Flight Tests: Flight tests are conducted in accordance with § 25.855(h) to show compliance with the provisions of § 25.857 concerning the entry of hazardous quantities of smoke into compartments occupied by th e crew or passengers. The amount of time that the smoke barrier is open, as a result of the supernumeraries evacuating the main deck cargo compartment, must be accounted for in the testing. Note 1 : Based on the results of the tests in Condition 12 , th e occupancy of the main deck Class E cargo compartment may be limited to less than the maximum allowed in Condition 3. Note 2 : The briefing s and associated procedures in limitation 8 is not required if an A irplane F light M anual limitation is established to prohibit supernumeraries in the Class E c argo compartment during flight. If access is prohibited, placards must be revised to indicate this limitation. Note 3: If supernumeraries are prohibited in the Class E cargo compartment during flight, portable oxygen units, and associated briefings and procedures are not required. Issued in Renton , Washington , on January 28, 2013 /s/ Ali Bahrami Manager, Transport Airplane Directorate Aircraft Certification Service