Exemption No. 10691

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

RENTON, WASHINGTON 98057-3356

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-2012-0956

GRANT OF EXEMPTION

By letter dated July 9, 2012, Doug Lane, Director, Regulatory Administration Deputy Lead 

Administrator, The Boeing Company, 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 noncrewmembers (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/or hazardous materials).

The petitioner requests relief from the following regulations:

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 moderately rough air.”

Section 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, fumes, 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 systems from damage in the case of detonation.
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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 from 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 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 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 approved 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 only.

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 oxygen masks in each lavatory. The relief 

from this regulation is only requested for the occupants when they are in the cargo compartment.

Related regulations:

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 supports 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 certificated 

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 smoke
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protection. Means must be provided to prevent passenger incapacitation in the cabin 

resulting from smoke, fumes, and noxious gases as represented by 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 systems from damage in the case of 

detonation.

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 conditions 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 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) – amendment 114 – Each non over-wing Type A, Type B or Type 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 assisting means 

for each passenger emergency exit must be a self-supporting slide or equivalent; and, in 

the case of Type A or Type B exits, it must be capable of carrying simultaneously two 

parallel lines of evacuees. 

Section 25.857(e) ) – amendment 93 – Cargo compartment classification.

Class E. A Class E cargo compartment is one on airplanes used only for the carriage of 

cargo

Section 25.1447(c)(1) ) – amendment 116 – If oxygen dispensing units are installed, the 

following apply: If certification for operation above 25,000 feet is requested, there must 

be oxygen dispensing equipment meeting the following requirements: There must be an 

oxygen dispensing unit connected to oxygen supply terminals immediately available to 

each occupant wherever seated, and at least two oxygen dispensing units connected to 
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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 throughout 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 system.

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 

compartment. 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. Description 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 contact 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 moderately rough air. In-flight access of the 767-2C main deck Class E 

cargo compartment 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 oxygen dispensing unit is required, including a manual 

back-up system and 10% overage, uniformly distributed. For supernumeraries seated 

inside the supernumerary compartment, the 767-2C is configured with non-auto 

presenting oxygen dispensing units that must be manually retrieved. There are no 

additional dispensing units nor is there a manual back-up system to manually present 
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masks. Also, there are no auto-presenting oxygen 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 system to manually present masks).

Section 25.795(b)(2) – Amendment 127 – To ensure (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 requirement is associated 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 means must be provided to prevent passenger 

incapacitation from the smoke, fumes 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 because the requirement is associated 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 airplane be designed for least risk bomb 

location.

Section 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 

associated 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 device.

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 typical 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 the net and the smoke barrier.

As provided for in Title 14, Code of Federal Regulations (14 CFR) 11.61(b), Boeing 

hereby petitions for exemption to allow operators of the 767-2C to carry up to eleven (11) 
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persons, commonly referred to as supernumeraries, and 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 types of cargos such as hazardous materials. The 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 type; 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 doors. 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 Type 

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 fully 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 and the 

number of persons requested to be carried, Door 1L and 1R will be certified as an oversized Type I exit pair, which significantly exceeds the minimum exit requirement of a 

pair of Type 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 

1L and Door 1R exits. The quantity of devices installed is sufficient for all airplane 

occupants. These devices have been shown to be as safe and effective as automatically-
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erected escapes slides for evacuating a limited number of able-bodied and properly 

trained supernumeraries. Numerous exemptions 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 outside 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 (using 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 on 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 1L and 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 deployment of an escape slide into a fire or other hazard, since the slide 

deployment 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 readily and easily recognizable by 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. 

However, 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 reclosure is possible on 767-2C airplanes because they are equipped with inertia reel 

descent devices in lieu of escape slides.

Additionally, the 767-2C airplane is configured with new body-mounted emergency

lights at the forward exits, which provide illumination 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 by 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 directly below the door sill. The new body-mounted 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-flight briefing will provide an acceptable 

level of safety for the flight crew and for the supernumeraries requested to be carried 
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aboard the 767-2C airplane, with respect to the requirements of § 25.809(a) at 

Amendment 25-116.

While seated in the supernumerary seating area, each supernumerary will be provided 

with a quick don oxygen mask installed at their seat, immediately available, that must be 

manually retrieved. Since these quick don oxygen masks are not automatically presented 

nor is there a manual back-up system to present the mask as required by §25.1447(c)(1), 

Boeing will include an automatically-activated aural and visual alert system inside the 

supernumerary compartment to inform the supernumeraries by signals when to don 

oxygen masks. As a backup to the automated aural and visual alerts, the flight crew will 

be able to manually activate the alerts. Section 25.1447(c)(1) also requires that the 

number of oxygen dispensing units exceed the number of seats by 10% and be uniformly 

distributed. The intent 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 not 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 security

considerations. Paragraph (a) specifies design requirements for flight deck doors and their 

bulkheads if a flight deck door is required by 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 

§ 121.313(j)(2), any airline operating the 767-2C under Part 121 must either implement a 

security program approved by the TSA for the operation of all airplanes in their fleet, or 

alternatively, 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 likely elect to comply 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 supernumerary seating compartment for 

eleven (11) persons. When granted, the exemption request herein for supernumerary

carriage effectively transforms the 767-2C from a flight crew only 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 only 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 based on direct compliance being 

impractical, as identified in the G1 Issue 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 § 25.795 
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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 airplanes 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. 

passenger 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 tightly 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 location would not allow much benefit by 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 fullface 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 system will be provided inside the main deck cargo compartment. The 

alerts will be audible and visible to persons throughout the length of the compartment. 

The alerting systems 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 case of 

known or anticipated air turbulence, to immediately return to their seat.
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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 being 

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 oxygen mask, initiate flow to it, and then return to their seat. Such instruction 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 system will be 

manually activated by 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 to 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 oxygen bottle when entering cargo compartment

4. Cargo lights must be turned on when accessing the cargo compartment

5. If 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 inside the main deck cargo compartment is impractical, an acceptable level of 

safety will be provided by a flight crew procedure to manually activate the visual alert 

system 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 immediately return to their seats.

The supernumerary seating area will include all required emergency lighting systems. 

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.
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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 compartment. 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 provide 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 systems.

Based on the configuration of the 767-2C airplane and the operational limitations listed in 

the AFM, which are typical 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 type. Numerous 

similar exemptions have been previously 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 Limitations section of the airplane’s AFM. The FAA subsequently re-issued the grant, 

correcting that error by 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 system performance 

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 such design requirements should not be required to be listed in 

the Limitations 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 efficiently and safely. 

Having supernumeraries 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 for 
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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 ultimately 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 by 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 includes 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. Privileges 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 countries 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 commercially-offerable freighter derivative version of the

Boeing model 767-200 passenger airplane. In order to carry cargo efficiently and safely, 

the 767-2C is configured to carry up to eleven (11) supernumeraries in a dedicated 

seating compartment located between 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 type have 

been granted by 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 analysis

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 reasons:

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 usually remote from the flight deck and encompass the entire interior of the 

airplane. The means of controlling fires that might occur in the cargo compartment is to starve 

the fire of oxygen. This is accomplished by shutting off ventilating airflow and may be 

enhanced by 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 airplane occupants as being 

either “crew” or “passengers.” Due to differences in training, physical capabilities, and other 

factors, such as familiarity with the airplane, the means required by part 25 to address emergency

evacuation and emergency equipment for 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 supernumeraries (persons) to be physically 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 moderately 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 

safety will be provided by the crew-operated visual alert system. This visual alert system 

enables the crew to indicate, at the onset of turbulence, that supernumeraries 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 barrier (i.e., the door or curtain must be closed). The preflight 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 opening doors through the smoke barrier between the cargo and 

the supernumerary compartments. In order to provide an appropriate level of safety, the 

petitioner must install placards indicating that the doors through the smoke barrier are to be 

secured (i.e., the doors must be closed) except when entering or exiting the cargo compartment. 

The placards must be located in a conspicuous place, either on or next to the smoke barrier 

doors.

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 by 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 doors) 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 system with a crew-operated backup aural and visual alert system. This aural and 

visual alert system 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 

smoke/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 solely 

to transport cargo only need to meet the requirements of paragraphs (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 permit 
15

viewing of the likely areas of evacuee ground contact. We clarify that a fire is a significant 

reason, but not the only 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 by 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 passengers 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 appropriately in the use of escape ropes and inertia reels and harnesses. We consider that 

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 supernumeraries 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 safety 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 automatic 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 oxygen mask. However, the supernumeraries in the 

supernumerary compartment and in the Class E cargo compartment would not have this 

indication. The petitioner has proposed an automatically activated aural and visual 

decompression alert system in the event of cabin decompression. We find that the proposed 

system provides an acceptable level of safety, as long as the automatically 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 system, 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 oxygen mask 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 additional specifications provides an acceptable 

level of safety. To ensure adequate hypoxia protection during non-sedentary use, the portable 

oxygen device(s) must meet the requirements for flightcrew oxygen equipment (§ 25.1443(a) or 

(b)), or the equipment must be shown to protect the supernumerary from hypoxia 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 oxygen 

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 oxygen 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 oxygen 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 portable 

oxygen units must still meet § 25.1449, which states that there must be a means for the crew to 

determine whether oxygen 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 by flight attendants and children sitting on passengers’ laps. Since neither will be onboard the airplane, installing 10% extra oxygen masks is not required.

Supernumeraries must be trained regarding the location and use of oxygen equipment and the 

alerts that indicate the need to don oxygen equipment. The oxygen units must be sized 

adequately for continuous and uninterrupted use during worst-case flight duration following 

decompression.

Configurations may be approved for carrying cargo, 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 being 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 by supernumeraries, provided that certain other conditions are met. These 

conditions have varied, depending on the airplane design, the number of persons involved, and 

the type of cargo permitted to be transported in the main deck Class E cargo compartment. We 

have been reviewing the operational need to access the Class E cargo compartment in-flight and 

the number of persons needed in the cargo compartment for the type of operation. We have 

divided the access of the cargo compartment into three different types of operations. They are:
17

1. Carriage of live animals requiring care/attention during flight and associated material 

only, no other cargo.

2. Cargo only, 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 by 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 by air are high value animals 

and the owners/insurance policies require in-flight care/attention. The 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 type of operation, we understand that the industry 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 

(grooms/handlers) 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 only. We have considered that live animals are less flammable cargo than other cargo, 

therefore, we have allowed more access to the cargo compartment. The petitioner 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 type of operation, we have limited access 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 petitioner 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 type of operation. The one dissenter argued that the maximum number of 

supernumeraries being 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 only 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 should 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 type 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. The 
18

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 supernumeraries 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 additional 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 

safety in this case. Past industry practice, the number of supernumeraries with 

access, the airplane configuration, cargo compartment size, limited egress paths, 

potential cargo present, and the duration of exposure are all relevant factors.

Considering the above factors, in the general case, if Class E cargo 

compartment access is approved for four or more supernumeraries for this mode 

of operation, a portable system (e.g., smoke hood, full face mask oxygen 

system) that will protect against smoke inhalation must be carried by each 

supernumerary.

As the petitioner has proposed to provide the same alert for both decompression and 

smoke/fire, and a single system that affords protection from both hypoxia and smoke 

inhalation (e.g., a full face mask and oxygen bottle), this single system must be used in any 

of the three types of cargo operations and by every supernumerary that enters the Class E 

cargo compartment.

The FAA’s decision

In consideration of the foregoing, 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 Company 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 type 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 types 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 occupy 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 §§ 121.583(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 areas during taxi, takeoff, 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 types of operation. They are:

(1) Carriage of live animals requiring care/attention during flight and 

associated material only, no other cargo. The maximum number of 

supernumeraries allowed in the cargo compartment is 11.

(2) Cargo only, 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 instructions 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 physically able and trained to 

accomplish the necessary emergency procedures.

6. Supernumeraries Fixed and Portable Oxygen:

a. There must be at least one fixed non-automatically presenting oxygen unit 

installed and located such that each occupant can don a mask and can simply activate 

the oxygen flow while seated. The unit must provide an indication to the user that 

oxygen is flowing.

b. There must be at least one portable oxygen 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. The portable oxygen 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 hypoxia 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 portable 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 whether 

oxygen is being delivered to the dispensing units. 

g. The fixed and portable oxygen units must be sized adequately for continuous and 

uninterrupted use during worst-case flight duration following decompression, or must 

be of sufficient duration to allow the 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 portable oxygen unit must meet the protective

breathing equipment (PBE) requirements in § 25.1439(b)(1), (2), and (4), and the 

equipment and system must be designed to prevent any inward leakage to the inside of 

the device and prevent any outward leakage causing significant increase in the oxygen 

content of the local ambient atmosphere (i.e., full face mask type.) 

7. Decompression and Smoke/Fire Alert:

Based on the petitioner’s proposal, an automatically activated aural and visual 

decompression and smoke/fire alert with 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 non-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 doors 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 

throughout 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 

distinguishable 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 alerts 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:

Placards are to be located outside of the cargo compartment, in a conspicuous location 

either on or adjacent to the smoke barrier doors. The placards must indicate the 

following:

a. Do not occupy the Class E cargo compartment during taxi, take-off, and landing.

b. Access 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 only (no live 

animals requiring care and attention). Access is limited to 11 persons when 

transporting live animals.

d. The smoke barrier must be secured (i.e., the doors must be closed) except when 

entering or leaving the cargo compartment.

e. A portable oxygen bottle with full face mask attached must be carried at all times 

when in the cargo compartment.

f. Smoking is not allowed within the cargo compartment.

g. The 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.

10. Alerting Requirements:

a. Must be distinctive and effective. The alert for turbulence must be clearly 

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 alerts 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) system must be installed. It must be audible 

throughout 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 the 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, the occupancy of the main deck 

Class E cargo compartment may be limited to less than the maximum allowed in 

Condition 3.

Note 2: The briefings and associated procedures in limitation 8 is not required if 

an Airplane Flight Manual limitation is established to prohibit supernumeraries in 

the Class E cargo 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