Exemption No. 10899

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 98057-3356

In the matter of the petition of

Jamco America Inc.

for an exemption from §§ 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), 25.857(e), 25.1447(c)(1), and 25.1447(c)(3) of Title 14, Code of Federal Regulations Regulatory Docket No. FAA-2013-0680

GRANT OF EXEMPTION

By letter dated October 2, 2013, David A. Crotty, ODA Lead Administrator, Jamco America Inc., 1018 80 th Street SW, Everett, Washington, 98203, petitioned the Federal Aviation Administration for exemption from §§ 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), 25.857(e), 25.1447(c)(1), and 25.1447(c)(3) of Title 14, Code of Federal Regulations (14 CFR). The requested exemption, if granted, would permit relief from these regulations to allow carriage of 15 non-crewmembers (commonly referred to as supernumeraries) in a compartment behind the flight deck on Boeing Model 747-400F airplanes.

The petitioner requests relief from the following regulations:

Section 25.785(d), at Amendment 25-64 – “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 25.807(c)(1), at Amendment 25-67 – requires that one Type III passenger emergency exit be provided on each side of the fuselage.

Section 25.807(c)(5), at Amendment 25-67 – requires that at least one pair of Type III passenger emergency exits be provided if Type IV exits are specified but cannot be located over the wing.

Section 25.809(f)(1), at Amendment 25-47 – requires that a self-supporting escape slide or equivalent be provided as the assist means at passenger emergency exits that are more than six (6) feet from the ground with all landing gear
extended.2 Section 25.813(b), at Amendment 25-46 – “For each passenger emergency exit covered by § 25.809(f), there must be enough space next to the exit to allow a crewmember to assist in the evacuation of passengers without reducing the unobstructed width of the passageway below that required for the exit.”

Section 25.857(e), at Amendment 25-60 – limits a Class E cargo compartment to airplanes used only for the carriage of cargo.

Section 25.1447(c)(1), at Amendment 25-41 – requires, in pertinent part, that oxygen dispensing units must be automatically presented to the occupants before the cabin altitude exceeds 15,000 feet.

Section 25.1447(c)(3), at Amendment 25-41 – requires, in pertinent part, that two oxygen dispensing equipment of a type similar to that required in § 25.1447(c)(1) be provided in each lavatory.

Related sections of the 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 the request with the following information:

This section quotes the relevant information from the petitioner’s request, with minor edits for clarity. The complete petition is available at the Department of Transportation’s Federal Docket Management System, on the Internet at http://regulations.gov , in Docket
No. FAA-2013-0680.

Discussion:

The owner/operator of the aircraft intends to operate this freighter aircraft to transport types of cargo that require car e, or inspection, or both, during flight (e.g., live animals), in addition to continuing the original mission of carrying cargo freight. To support this usage of the aircraft, the owner/operator has requested to increase the maximum number of persons carried from 8 to a maximum of 19, consisting of four seats on the flight deck and up to 15 seats on the upper deck, and install two lavatories in the main deck cargo compartment. It is proposed that the 15 persons seated on the upper deck be qualified as “supernumeraries” as defined herein, and once trained and qualified and during specific flight operations as listed below, be permitted access to the main deck cargo compartment in-flight under limitations proposed below. The designation and purpose of supernumeraries is discussed in subparagraph a.3 below. These purposes and the necessary configuration of the aircraft are not in accordance with 14 CFR Part 25 regulations; therefore, this petition is submitted to request specific exemptions.

Summary of proposed aircraft operations and applicability of proposed exemptions hereafter referred to as “operation type” by alpha designator:

A. Operations for carriage of live animals, and associated material, in the main deck cargo compartment requiring care/attention during flight; no other cargo on the main deck.3 For these operations the maximum number of supernumeraries on the upper deck is 15 and the total airplane occupancy is 19. Access to the main deck Class E cargo compartment by a maximum of 15 supernumeraries is permitted during climb, cruise, and approach.

B. Operations for carriage of cargo only as originally specified in the TCDS; no live animal(s) or other cargo requiring care/attention during flight.

For these operations the maximum number of supernumeraries is 6 and the total airplane occupancy is 8. No access is allowed into the main deck Class E cargo compartment during any airplane operation.

C. Operations for carriage of cargo on the main deck cargo compartment requiring care/attention during flight, and other cargo.

For these operations the maximum number of supernumeraries is 6 and the total airplane occupancy is 8. Access to the main deck Class E cargo compartment by a maximum of 3 supernumeraries is permitted during climb, cruise, and approach.

REFERENCES

 Type Certificate Data Sheet A20WE, Boeing 747.

 FAA Exemption 10703, dated February 13, 2013, pertaining to Boeing 747-400F Series aircraft: partial exemption from 14 CFR 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), 25.857(e), and 25.1447(c)(1), Allowance of additional supernumeraries in the upper deck and access to the main cargo deck during certain phases of flight.

 FAA Exemption 1870E, dated September 8, 1993, pertaining to Boeing 747-400F Series aircraft: exemption from 14 CFR 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), Allowance of non-crew members on the upper deck of 747-200F, 747-200C, certain 747-100 when in the main deck cargo configuration, and 747-400F Series aircraft.

 FAA Exemption 6463, dated June 19, 1996, pertaining to Boeing 747- 100/200 Series cargo aircraft: exemption from 25.857(e) and 25.1447(c)(1), Allowance of 16 supernumeraries on the main deck of Boeing Model 747-100/-200 cargo aircraft to attend to live animal cargo.

 FAA Exemption 7900, dated October 1, 2002, pertaining to B747-100/200 cargo aircraft: exemption from 14 CFR 25.855(a), 25.807(d)(1), 25.857(e), and 25.1447(c), Allowance of up to 28 supernumeraries on the main deck of Boeing 747-100, -200 Series airplanes to attend to live animal cargo.

 FAA Exemption 8587B, pertaining to Boeing 747-400 Series “combi”
aircraft.

 FAA Exemption 8536A, pertaining to Boeing 747-100, 747-100B, 747- 100B SUD, 747-200B, 747-200C, 747-200F, 747-400, 747-400F Series
aircraft.4  FAA Special Conditions 25-430-SC: Boeing Model 747-8 Airplanes; Stairway Between the Main Deck and Upper Deck.

 NM-09-27, Special Airworthiness Information Bulletin: In-flight access to Class E cargo compartments, May 12, 2009.

Exemption(s) Requested:

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

25.785(d) requires that if the seat backs do not have a firm handhold, there must be a handgrip or rail along each aisle to enable occupants to steady themselves while using the aisles in moderately rough air. There are no seatbacks and only cargo boxes or empty bays in the main deck cargo compartment and firm handholds may not be available. Jamco America, Inc. requests that the DAW Boeing 747-400F Series aircraft be exempted from 14 CFR 25.785(d) (Amdt.25-64).

b. 25.807(c)(1)(5) (Amdt.25-67)

25.807(c)(1) requires that one Type III passenger emergency exit be provided on each side of the fuselage. 25.807(c)(5) requires that at least one pair of Type III passenger emergency exits be provided if Type IV exits are specified but cannot be located over the wing. Jamco America, Inc. requests that the DAW Boeing 747-400F Series aircraft be exempted from 14 CFR 25.807(c)(1)(5) (Amdt.25-67).

c. 25.809(f)(1) (Amdt.25-47)

25.809(f)(1) requires that a self-supporting escape slide or equivalent be provided as the assist means at passenger emergency exits that are more than six (6) feet from the ground with all landing gear extended and that the assist means deploy automatically. Jamco America, Inc. requests that the DAW Boeing 747-400F Series aircraft be exempted from 14 CFR 25.809(f)(1) (Amdt.25-47).

d. 25.813(b) (Amdt.25-46)

25.813(b) requires that for each passenger emergency exit covered by 25.809(f), there must be enough space next to the exit to allow a crew member to assist in the evacuation of passengers without reducing the unobstructed width of the passageway below that required for the exit. Jamco America, Inc. requests that the DAW Boeing 747-400F Series aircraft be exempted from 14 CFR 25.813(b) (Amdt.25-46).

e. 25.857(e) (Amdt.25-60)

25.857(e) (Amdt.25-60) limits a Class E cargo compartment to airplanes used only for the carriage of cargo. Jamco America, Inc. requests that the DAW Boeing 747-400F Series aircraft be exempted from 14 CFR 25.857(e) (Amdt.25-60).

f. 25.1447(c)(1)(3) (Amdt.25-41)

25.1447(c)(1)(3) requires, in pertinent part, that oxygen dispensing units must be automatically presented to the occupants before the cabin pressure altitude5 exceeds 15,000 feet and oxygen dispensing units be available in each lavatory. These requirements will be met on the upper deck; however, the requirement will not be met while the supernumeraries are accessing the main deck cargo compartment or within the lavatories installed in the main deck cargo compartment. Jamco America, Inc. requests that the DAW Boeing 747- 400F Series aircraft be exempted from 14 CFR 25.1447(c)(1)(3) (Amdt.25- 41).

Public Interest
Granting this exemption is in the public interest for the following reasons:

 The FAA has previously granted several exemptions for the carriage of supernumeraries on freighter airplanes for similar petitions;

 A significant disruption of air commerce could occur if the petition were not granted.

 The owner/operator of the aircraft intends to use the aircraft to transport race horses, show horses, and bloodstock. These animals are very valuable, many worth over one million dollars each. The animals cannot be properly insured nor cared for during travel unless there are a sufficient number of qualified handlers on board who can access the animals during flight.

 The industry standard for the air transport of horses recommends one supernumerary (groom/handler) for every three or four horses. The safe transport of large numbers of horses by air requires the carriage of a commensurate number of qualified grooms/handlers in the main deck cargo compartment. The owner/operator has determined that 15 supernumeraries will provide adequate care in all cases of expected operation.

 The carriage of an appropriate number of animal handlers aboard an aircraft to monitor and to attend to the special requirements of live animal cargo, especially race horses and show horses, serves the public interest in raising the level of safety of the livestock, the airplane, the flight crew, and consequently, the public in general; therefore, this exemption serves the public interest for safety reasons and also for increased air freight deliveries of these animals internationally.

 Other owners/operators may have a similar interest in this solution as there is clear economic benefit to both owners/operators as well as this installation activity and the overall US economy from this modification. Increased economic action is of clear public interest to the United States.

 The passengers aboard these airplanes will not be revenue paying customers of commercial for hire airlines, but rather employees of the owner operator and specifically trained; therefore, there is no degradation to airline passenger safety and no detrimental impact on the public at large.6  The project in question on this Boeing 747-400F Series aircraft is a case of the special market in which Jamco America, Inc. works. Owners and operators require configurations that use interior space in ways not anticipated in the original TCDS configurations which, in this case include access to the main deck cargo compartment during flight in support of animal care. In order to satisfy the customer requirements and maintain our marketing competitiveness, Jamco America, Inc. seeks to accommodate this configuration while providing an adequate level of safety for the flight crew and supernumeraries.

 Jamco America, Inc. is a growing company based in Washington that provides aerospace engineering, certification, and manufactured assemblies for part 25 aircraft. The company employs over 300 US citizens and provides strong support to the local economy where these employees and facilities are located. Our success in an extremely competitive global economy will have a significant positive impact on the local and regional economy.

 Granting this exemption will permit conclusion of this project, which will provide a significant income with positive impact on both the local and regional economies. This will aid both in the case of this specific project and future projects.

 Approval of these exemptions will enable this Washington company working on Transport Category Airplanes to effectively compete in this global market. Stability and improved financial performance of this Washington company gives greater job stability to workers employed, thereby providing a stabilizing influence to the greater regional and the larger US economy due to the increased consumer spending capacity associated with stable workers. Improved financial performance of Washington owned and operated corporations and increased workforce stability translates into continued and improved local, state, and federal tax revenues, which in turn add to the stability of the overall United States economy. Washington is a net federal tax provider, that it to say that Washington provides more federal taxes than it receives in federal spending, thereby serving as a stabilizing influence to federal deficits.

 Improved financial performance allows Washington corporations to continue to invest in Research and Development allowing the United States to maintain and improve its competitive position in the global

economy.

Public Comment and Publication

In accordance with 14 CFR 11.29 and 11.87 Jamco America, Inc. requests that the period for public comment and publication be waived for the following reasons:

 We do not expect any adverse comments.

 Granting these exemptions would not set precedents.

 These exemptions are near identical to previously granted exemption 10703, and are already recognized by the FAA on similar model aircraft.7  The issues are non-controversial.

 Delaying approval will delay the engineering deliverable which will delay the scheduled completion of this project, with resulting schedule backups and additional expense.

 The inherent delaying action caused by publication in the Federal Register may cause delays in modifying the aircraft.

 Our petitions have been filed in a timely manner; prior to FAA approval of PNL. In keeping with our program schedule, we request that review and decision be made as soon as possible.

Federal Register publication

Although the petitioner requested that action on its petition not be delayed for publication in the Federal Register, the FAA found that the petition if granted, would set a precedent. Therefore, to allow an opportunity for the public to comment on the petition, a summary of it was published in the Federal Register on September 24, 2013 (78 FR 58599). No
comments were received.

The FAA’s analysis

The FAA considers the petitioner’s proposal for the exemption to be in the public interest for the following reasons:

 The FAA has granted several exemptions for the carriage of supernumeraries on freighter airplanes;

 These supernumeraries are seen as a benefit to airplane safety and efficient operations of air cargo; and

 A significant disruption of air commerce could occur if the petition were not granted.

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 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 14 CFR 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, therefore, has granted certain exemptions to allow the carriage of supernumeraries on cargo airplanes without compliance with all of the part 25 standards for passengers, provided that certain other conditions are met. Those conditions have varied, depending on the airplane design, the nature of the proposals under consideration, and the number and location of persons to be carried.8 Types of operations

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 for access into 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 into the cargo compartment into three different types of operations:

 Carriage of live animals requiring care/attention during flight and associated material only, no other cargo. The petitioner has identified this as operational type
A.

 Cargo only, which does not require care/attention during flight, and no live animal(s) requiring care/attention during flight. The petitioner has identified this as operational type B.

 Carriage of cargo requiring care/attention during flight, and other cargo. The petitioner has identified this as operational type C.

Each of these three types of operation are discussed below:

Operational type A

All large animals being shipped by air need supernumeraries on board for their care/attention during flight because the carriage of large animals implies a potential risk due to the brute force they are capable of, which 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. Als o, these horses that are shipped by air are highvalue animals, and the owners and insurance policies require in-flight care/attention. We understand that 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.

Considering the size of the 747-400F airplane, the main deck cargo compartment could contain several dozen horses. As a result of the large number of horses or other large animals, a large number of supernumeraries (grooms/handlers) would be needed. We have granted exemptions in the past for larger numbers of supernumeraries with in-flight access into the main deck Class E cargo compartment 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 in-flight access to the cargo compartment. The petitioner has requested a maximum of 15 supernumeraries be allowed to have in-flight access to the main deck Class E cargo compartment for the care/attention of live animals. We accept the proposal for the number of supernumeraries.

For this operational type A, the petitioner has requested that the maximum number of persons on the upper deck be 19, including the crewmembers. This number of persons on the upper deck is greater than what has been accepted by the FAA for the exit configuration on the upper deck.9 The petitioner has proposed that the exit and manually-deployed/automatically-inflating escape slide on the right-hand side of the airplane be accepted for 19 persons. The exit is the standard exit provided on 747-400F airplanes. The escape slide is a standard option that is delivered with the airplane. We accept this proposal.

On the left side of the airplane, the only exit on the upper deck is the overhead hatch. For the overhead hatch, the assist means that has been accepted on other airplanes of this model has been inertia reels and harnesses for a maximum number of eight persons. The reason for the limitation to eight persons is the combination of the size of the overhead hatch and the number of persons with the inertia reels exiting the hatch. The petitioner has proposed to use the main deck entry door as an emergency exit. They have proposed to modify the existing main deck entry door by installing at least 11 inertia reels adjacent to the door. This modification includes the door-operating markings on the inside of the airplane; interior illumination system; assist means; attachment point for a liferaft mooring line; and exterior markings. In addition, the petitioner has proposed to modify the stairway installed between the main deck and the upper deck. The modified stairway would be designed to meet similar requirements as those identified in Special Conditions 25-430-SC, which are for a stairway between two passenger decks on the 747-8 airplane. The petitioner’s position contains the proposed special conditions for the stairway. The main deck entry door for this airplane is located inside the Class E cargo compartment. To address additional concerns with the need to evacuate through a cargo compartment that may have smoke and fire, the petitioner has proposed to supply a second type of portable protective breathing equipment (PBE ), as defined in § 25.1439(a), that would provide a minimum of 90 seconds of air that could be used if the Class E cargo compartment contains fire/smoke. The petitioner has proposed PBE to be used in the event that evacuation is required out the left side of the airplane in combination with fire/smoke in the main deck cargo compartment, as part of their petition for exemption. We accept this proposal.

Operational type B

For this type of operation, no in-flight access to the main deck Class E cargo compartment is requested. This type of operation and airplane configuration is the same as that defined in Exemption No. 1870E. We accept the proposal and propose to grant the exemption with the same limitation as identif ied in Exemption No. 1870E with one minor change and one correction. Since Exemption No. 1870E was issued, the FAA has been requiring a harness for each inertia reel installed on the airplane, whereas before we only required the harness for the supernumeraries. Exemption No. 1870E incorrectly identifies the crew service door on the left side of the upper deck as a Type I exit. This exit is the size of a Type I exit; however, this exit is not floor level. This exit has a step up from the floor to the exit, which is not allowed for Type I exits. The crew service door does qualify for a Type III exit rating. This change and correction are applicable to all types of operations.

Operational type C

For this type of operation, the petitioner requests in-flight access to the main deck Class E cargo compartment by a maximum of three persons. The FAA has approved the stairway installed by Boeing, which comes standard with the airplane, to be acceptable for accessing the cargo compartment in-flight by a maximum of three supernumeraries.10 Cargo-compartment alerts for operational types A and C

The FAA has determined that three separate, distinct alerts are required in the cargo compartment. One distinct alert each is for decompression; smoke and fire; and turbulence. In the past, the FAA has accepted a single alert to address both decompression and smoke/fire events because the action required of the supernumeraries was the same for both events. That action required supernumeraries to don oxygen masks, start the flow of oxygen, then evacuate the cargo compartment. The FAA now determines that the time required to don an oxygen mask and start oxygen flow, in the event of a smoke/fire event, is best spent first evacuating the cargo compartment. Therefore, the FAA now requires all new certif ication programs to provide three distinct, separate alerts for these three events.

Handholds

The requirement of § 25.785(d) Amendment 25-64 for handholds 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 it is not necessary to provide dedicated handholds in the cargo compartment because it is impractical, provided a flightcrew-operated aural or visual signal, which is recognized in accessible areas in the Class E cargo compartment, is installed to indicate, during turbulence, that persons must return to their seats.

Type and number of exits

Sections 25.807(c)(1) and (c)(5) require, for passenger capacity of 10 to 19, a minimum of a Type III exit on each side of the fuselage. The Model 747-400F is equipped on the right side with a Type III crew service door. On the upper deck, no similar capability is provided for the left side of the airplane. However, an overhead hatch to the left of thecenterline is located in the cockpit, which does comply with the flightcrew emergencyexit requirements of § 25.805. The FAA has accepted this overhead hatch in similar exemptions with the appropriate limitations and equipment installations for a maximum of eight persons (six supernumeraries and two flightcrew) on the airplane. This exit configuration would cover operational types B and C, and we accept this configuration with the appropriate limitations and equipment installations for a maximum of eight persons (six supernumeraries and two flightcrew) on the airplane.

However, this exit configuration is not acceptable for operational type A. For this operational type, additional evacuation capability is needed for the left side of the airplane. The petitioner has proposed to modify the existing main deck entry door by installing at least 11 inertia reels adjacent to the door. This modification includes the door-operating markings on the inside of the airplane; interior illumination system; assist means; attachment point for a liferaft mooring line; and exterior markings. As an additional compensating feature, the petitioner has proposed that the stairway between the upper deck and the main deck be modified to comply with similar conditions as those requirements found in Special Conditions 25-430-SC, for the stairway for the 747-8 passenger airplane. A complete list of the petitioner’s proposed conditions for the stairway is found in the petition. The petitioner proposed to limit the cargo for this operational type to live animals and associated cargo. The associated cargo excludes from carriage hazardous material, the carriage of which is governed by regulations in 49 CFR part 175; ignition sources (open flame, articles producing sparks, hot surfaces);11 lithium batteries; explosives; radioactive materials; flammable liquid fuel; oxidizers; plutonium; and dry ice. This exit configura tion would cover operational type A, and the FAA accepts this configuration with the appropriate limitations and equipment installations for a maximum of 19 persons (15 supernumeraries and 4 flightcrew) on the airplane.

Assist means

Section 25.809(f)(1) requires that a self-supporting slide or equivalent must be provided to assist the occupants in descending to the ground for each passenger emergency exit located more than six feet from the ground. The Model 747-400F crew-service door has an inflatable escape slide that is self-supporting with the landing gear extended. The overhead hatch is equipped with eight inertia reels and eight harnesses not envisioned by this requirement but considered by the FAA to be adequate for use by flightcrew and “crew” in accordance with the requirements of § 25.809(f)(2).

Section 25.809(f)(1)(i) requires that the assist means must be automatically deployed. The escape slide installed at the crew service door is manually deployed and so are the installed inertia reels. The FAA has granted exemptions to the requirement on 747 freighter airplanes with and without supernumeraries for many years. We agree with the petitioner’s proposal.

Section 25.809(f)(1)(ii) requires that the assist means must be automatically erectedwithin 10 seconds after deployment is begun. The escape slide installed at the crewservice door meets this requirement. The inertia reels do not erect, but have been found acceptable for this type of installation.

Section 25.809(f)(1)(iii) requires that the assist means must be of such length after full deployment that the lower end is self-supporting on the ground and provides safe evacuation of occupants to the ground after collapse of one or more legs of the landing gear. The escape slide for the crew service door is not self-supporting on the ground in all cases of gear collapse, and the inertia reels are too short to reach the ground in all cases of gear collapse. However, the inertia reels have been demonstrated to be effective at providing safe evacuation of occupants exiting from the overhead hatch to the ground. The inertia reels installed near the overhead hatch located in the flight deck have been demonstrated to be effective at providing sa fe evacuation out the crew service door, after the escape slide has been deployed and inflated, to address the conditions when the escape slide is not self-supporting on the ground. However, additional inertia reels and harnesses need to be installed in the airplane to have one inertia reel and harness for each of the proposed 19 occupants. The FAA notes that the petitioner is proposing to add these
items to address this concern.

For operational type A, the petitioner has proposed to install at least 11 inertia reels adjacent to the main deck entry door. These are the same part number inertia reels we have determined to be acceptable for use at the main deck entry door. The harnesses that would be used for this exit are the same as those installed on the upper deck adjacent to the crew service door and would be donned before the evacuees entered the cargo compartment. We accept this proposal.

Section 25.809(f)(1)(iv) requires certain performance capabilities in 25-knot wind conditions. The crew service door escape slide is certified to meet this requirement.12 Assist space

Section 25.813(b), regarding specific assist space requirements for passenger evacuations, has not been addressed in the 747-400F design at any of the proposed exits. However, the FAA has granted exemptions from this requirement for freighter airplanes with supernumeraries based on the additional training that is required to be provided to the supernumeraries and the required pre-fli ght briefings. Also, the airplane contains adequate space for the flightcrew to demonstrate the use of the inertia reels and harnesses and how to evacuate the airplane with this equipment.

Smoke penetration

In all cases, the airplane must contain suitable means of preventing smoke penetration into areas that are occupied. 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 and hence open the smoke barrier between the cargo compartment and the supernumerary compartment. To provide an appropriate level of safety, the petitioner must install a placard indicating that the smoke barrier is to be secured (i.e., the door or curtain must be closed) except when entering or exiting the cargo compartment. The placard must be located in a conspicuous place, either on or next to the smoke barrier. However, for evacuation, operational type A has a conflict between having the smoke barrier closed for smoke penetration and having the smoke barrier door open during taxi, takeoff, and landing (TT&L). In consideration of these two issues, the FAA has determined that the following provides an acceptable level of safety:

 The smoke barrier must be latched opened for operational type A TT&L unless fire/smoke has been detected in the main deck cargo compartment. If fire/smoke has been detected in the main deck cargo compartment, the door may be closed if directed by the pilot in charge.

Another concern, associated with the supernumeraries that have access to the cargo compartment in-flight, is the amount of smoke , in the event of smoke/fire, that would enter into the supernumerary compartment and flight deck as a result of the smoke barrier being open during supernumerary evacuation out of the cargo compartment. This smoke/fire issue must be considered when demonstrating compliance with § 25.855.

If access into the Class E cargo compartment is allowed, an aural or visual annunciation operated by the flightcrew, and recognized in the Class E cargo compartment, must be installed to indicate that persons must return to their seats and secure the smoke barrier (i.e., close the door or curtain) during a fire in the Class E cargo compartment. Appropriate procedures and limitations would need to be established to ensure that the flightcrew signals the supernumeraries to return to their seats and secure the smoke barrier at the onset of a fire. The pre-f light briefing would need to explain this annunciation to the supernumeraries.

Use of portable oxygen equipment following annunciation of a smoke event should be at the discretion of the supernumeraries, depending on where the source of smoke is in relation to each supernumerary and the exit. Therefore, in the event of smoke being detected inside the Class E cargo compartment, the supernumeraries inside the Class E cargo compartment must be directed to immediately return to their seats and secure the13 smoke barrier. As necessary, the supernumeraries should don their oxygen mask and initiate the flow of oxygen.

Due to the way that fire in the cargo compartment is to be controlled, it is necessary to limit persons on board the airplane to those who the airplane operator has found to be physically fit, and who have been briefed on the use of the emergency equipment. This limitation on the occupants is consistent with previous approvals and is included in this approval.

Immediately available oxygen

The petitioner indicates that configurations may be approved that will allow the supernumeraries to enter the Class E cargo compartment to tend to animals or hazardous cargo. To provide an acceptable level of safety to the “immediately available” requirement of § 25.1447(c)(1), each supernumerary, while in the Class E cargo compartment, must carry on their person a portable oxygen bottle with a mask connected to it. In addition, for the lavatories located within the main deck cargo compartment, the applicant proposes not to supply the automatically presented oxygen masks required in § 25.1447(c)(3) but proposes that the portable oxygen bottle with a mask connected to it carried by each person entering the cargo compartment provides an acceptable level of safety.

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, supernumeraries in the Class E cargo compartment will not have this indication. To provide an acceptable level of safety, an aural, automatically activated decompression signal must be present and immediately recognizable throughout the accessible areas in the Class E cargo compartment, if there is only one aural alert that a supernumerary may hear or is expected to respond to. If there are two or more alerts that a supernumerary may hear or is expected to respond to, there must be an automatic visual alert in addition to the automatic aural alert. Operation of this signal must be automatic, with flightcrew manual activation as a backup.

Supernumeraries must be trained in the location and use of the oxygen equipment, and the signals for its use. The oxygen units must be sized adequately for continuous and uninterrupted use during worst-case flight duration following decompression, or of sufficient duration to allow the supernumeraries to return to their seats. The portable oxygen equipment must meet the requirements in § 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 their seat following a rapid decompression to 25,000 feet cabin altitude. Additionally, the portable oxygen equipment must:

 Meet § 25.1439(b)(1), (2), and (4), and

 Be designed to prevent any inward leakage to the inside of the mask, and

 Prevent any outward leakage causing significant increase in the oxygen content of the local atmosphere.

Configurations may be approved for carryi ng cargo that does not require supernumerary access to the Class E cargo compartment. For these configurations, an aural decompression signal is not required to be recognizable in the Class E compartment if an14 airplane flight manual (AFM) limitation is established to prohibit supernumeraries from being in the Class E cargo compartment during flight.

Incapacitated persons in the cargo compartment

Another concern is the removal of an incapacitated person from the cargo compartment. This concern is increased because the access means to the main deck cargo compartment is a ladder. Jamco America should develop some procedures for the removal of an incapacitated person from the cargo compartment and provide these to the operator of the airplane. This condition does not need to be combined with any other failure condition (i.e., only normal flight condition needs to be considered).

Protective breathing equipment for evacuation using the main deck entry door

Operational type A has one condition where the evacuation is the result of smoke/fire in the main deck cargo compartment. To address some of the concern with the evacuees needing to evacuate through a cargo compartment that could be filled with smoke/fire, the petitioner has proposed to supply at least 11 portable PBE units as defined in § 25.1439(a).

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, Jamco America is hereby granted an exemption from 14 CFR 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), 25.857(e), 25.1447(c)(1), and 25.1447(c)(3) to the extent necessary to allow type certification of Boeing Model 747-400F series airplanes with provisions for the carriage of supernumeraries. The following limitations apply, and limitation numbers 1-6, 7a, and7b must be documented in the limitations section of the airplane flight manual:

1. A maximum of 15 supernumeraries may occupy the area just aft of the flight deck. The total maximum occupancy of the airplane is limited to 8 or 19 persons, including the flightcrew, depending on the operational type. See item 4 below.

2. The supernumeraries are limited to the categories specified in 14 CFR 121.583(a)(1) through 121.583(a)(7).

3. Supernumeraries are prohibited from bei ng in the cargo area during taxi, takeoff, and landing. The pre-flight briefing must inform supernumeraries of this requirement.

4. Access into the cargo compartment in-flight is divided into three different operational types:

 Carriage of live animals requiring care/attention during flight and associated material only, no other cargo. The petitioner has identified this as operation A. The maximum number of supernumeraries is 15 and the total airplane occupancy is 19. Access to the Class E cargo compartment by a maximum of 15 supernumeraries is permitted during climb, cruise, and approach.

 Cargo only, which does not require car e/attention during flight, and no live animals requiring care/attention during flight. The petitioner has identified this as operational type B. The maximum number of15 supernumeraries is six and the total airplane occupancy is eight. No access is allowed into the Class E cargo compartment during any airplane operation.

 Carriage of cargo requiring care/attention during flight and other cargo. The petitioner has identified this as operational type C. The maximum number of supernumeraries is six and the total airplane occupancy is eight. Access to the Class E cargo compartment by a maximum of three supernumeraries is permitted during climb, cruise, and approach.

5. Prior to each flight, a flightcrew member must brief each supernumerary on the use of exits and emergency equipment, including evacuation instructions to inspect the ground to determine whether a safe landing can be achieved before using an assist means.

6. The operator must determine that each supernumerary is physically able and trained to accomplish the necessary emergency procedures.

7. Supernumerary Portable Oxygen:

a. Each supernumerary must be provided with a portable oxygen unit with a mask attached to it that they must carry whenever they are in the Class E cargo
compartment.
b. The supernumeraries must be trained in the use of the oxygen equipment. The supernumeraries must also be trained in making the determination whether oxygen is being delivered to the masks.

c. The equipment must provide oxygen-flow indication. The 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 oxygen for the remainder of the decompression is readily accessible. The portable oxygen equipment must meet the requirements in 14 CFR 25.1443(a) or (b), or the equipment must be shown to protect the supernumeraries from hypoxia at an activity level required to return to their seats following a rapid decompression to 25,000 feet cabin altitude. Additionally, the portable oxygen equipment

must:

 Meet § 25.1439(b)(1), (2), and (4), and

 Be designed to prevent any inward leakage to the inside of the mask, and

 Prevent any outward leakage causing significant increase in the oxygen content of the local atmosphere.

8. An aural, automatically activated decompression alert must be present and immediately recognizable in accessible areas of the Class E cargo compartment to notify supernumeraries when to don oxygen masks. If there are two or more alerts that a supernumerary may hear or is expected to respond to, there must be an automatic visual alert in addition to the automatic aural alert. The pre-flight briefing must include training in the sound of the alert, the meaning of the alert, and the response to the alert (i.e., procedures for donning the masks and activating the flow of oxygen).16 9. A flightcrew-operated aural or visual alert, which is recognized in accessible areas in the Class E cargo compartment, must be installed. This aural or visual alert is to indicate that, during turbulence, persons must return to their seats. Appropriate procedures and limitations must be established to ensure that the flightcrew signals the supernumeraries to return to their seats at the onset of turbulence and prior to landing. The pre-fli ght briefing must explain this signal to the supernumeraries.

10. A flightcrew-activated aural or visual si gnal, which is recognized in the Class E cargo compartment, must be installed. This aural or visual signal is to indicate that, in the event of fire or smoke in the Class E cargo compartment, persons must return to their seats and ensure that the smoke barrier is secured (i.e., the door or curtain is closed). Appropriate procedures and limitations must be established to ensure that, at the onset of a fire or smoke event, the flightcrew signals thesupernumeraries to return to their seats and secure the smoke barrier. The preflight briefing must explain these signals to the supernumeraries.

11. A placard located in the supernumerary area, in a conspicuous location either on or adjacent to the smoke barrier, must indicate the following:

For operational type A:

 Access to the Class E cargo compartment is limited to the care and handling of animals and cargo only.

 Access to the Class E cargo compartment is limited to a maximum of 15 for the carriage of live animals and associated material.

 The smoke barrier must be secured (i.e., the door or curtain must be closed) except when entering or leaving the cargo compartment during cruise. The smoke barrier must be latched open for TT&L for operational type A unless fire/smoke has been detected in the main deck cargo compartment. If fire/smoke has been detected in the main deck cargo compartment, the door may be closed if directed by the pilot in charge.

 A portable oxygen bottle (with mask attached) must be carried at all times when accessing the cargo compartment.

 Smoking is not allowed within the cargo compartment.

 The compartment must not be entered in case of fire/smoke being detected inside the Class E cargo compartment except during evacuation.

The pre-flight briefing must inform supernumeraries of these requirements.17 For operational type B:

 No access to the Class E cargo compartment is allowed during any airplane operation.

 The smoke barrier must be secured (i.e., the door or curtain must be closed) except for ground operations.

The pre-flight briefing must inform supernumeraries of these requirements.

For operational type C:

 Access to the Class E cargo compartment is limited to the care and handling of cargo requiring care/attention during flight.

 Access to the Class E cargo compartment is limited to a maximum of three supernumeraries.

 The smoke barrier must be secured (i.e., the door or curtain must be closed) except when entering or leaving the cargo compartment.

 A portable oxygen bottle (with mask attached) must be carried at all times when accessing the cargo compartment.

 Smoking is not allowed within the cargo compartment.

The pre-flight briefing must inform supernumeraries of these requirements.

12. Alerting requirements:

 Must be distinctive and effective.

 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.

 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.

13. A minimum of eight inertia reels and harnesses must be installed on the flight deck for operational types B and C. In addition to the minimum eight inertia reels and harnesses installed on the flight deck, a minimum of 11 inertia reels andharnesses must be installed at a location that can be used for exiting the crewservice door when the installed escape slide is not self-supporting on the ground. No flight deck door may be installed between the supernumerary compartment and flight deck that would prevent access to the overhead hatch and eight inertia
reels and harnesses.

14. Additional requirements for a stairway between the upper deck and the main deck for operational type A only:

a. The stairway must be essentially straight.

b. The stairway must have essentially rectangular treads.

c. With the airplane in level attitude and in each attitude resulting from the collapse of one or more legs of the landing gear, the stairway must have18 entrance, exit, and gradient characteristics that allow the upper deck supernumeraries to evacuate and exit the airplane through the L1 main deck exit. This must be shown by demonstration, tests, analysis, or any
combination thereof.

d. The stairway must accommodate the carriage of an incapacitated occupant from the upper deck to the main deck. The crewmember procedures for such carriage must be established and included in the AFM.

e. The stairway must be located to provide occupants an adequate descent rate under probable emergency conditions, including a condition in which an occupant falls or is incapacitated while on the stairway.

f. The stairway must be designed and located to minimize damage to its structure during an emergency landing or ditching.

g. General illumination must be provided so that, when measured along the center lines of each tread and landing, the illumination is not less than 0.05 foot-candle. This is in lieu of compliance with § 25.812(c), at
Amendment 25-116.

h. Means must be provided to assist supernumeraries in locating the stairway in dense smoke conditions as part of compliance with § 25.811(c), at
Amendment 25-88.

i. An emergency exit sign meeting § 25.812(b)(1)(i), at Amendment 25-116, must be provided in the upper deck near the stairway, visible to supernumeraries on the upper deck as required by § 25.811(d)(1), at
Amendment 25-88.

j. Floor proximity lighting, required by § 25.812(e), at Amendment 25-120, must be provided along the stairs.

k. The stairway must have a handrail on at least one side to allow occupants to steady themselves during foreseeable conditions, including, but not limited to, gear collapse on the ground and moderate turbulence in-flight. The handrail(s) must be constructed with no obstruction on them that causes the user to release their grip or hinder the continuous movement of the hands along the handrail. Handrail(s) must be terminated in a manner that will neither interfere with occupants walking by nor create a hazard (such as catching clothing). The petitioner must demonstrate that the design can accommodate the stature of a fifth-percentile female and a ninety-fifth-percentile male.

l. The public-address system must be intelligible in the stairway during all flight phases.

m. “No smoking” and “return to seat” signs must be installed and visible in the stairway both going up and down and at the stairway entrances.

n. During any flight operation where more than eight persons are on the flight, the stair must remain installed between upper and main decks during the entire flight.19 15. The existing main deck entry door must be modified to function as an emergency exit by installing at least 11 inertia reels adjacent to the door. This modification includes the door-operating markings on the inside of the airplane; interior illumination system; assist means; attachment point for a liferaft mooring line; and exterior markings.

16. A minimum of 11 PBE units, as defined in § 25.1439(a), and which will provide a minimum 90-second breathing supply, must be installed such that they are readily accessible to the supernumeraries to aid in evacuation in the event of smoke. The supernumeraries must be trained in the use of the PBE.

Note: The briefings and associated procedures in limitations 8, 9, and 10 to alert the supernumeraries in the Class E cargo compartment are not required if an AFM limitation is established to prohibit supernumerary access to the Class E cargo compartment during flight.

Issued in Renton Washington, on November 27, 2013.

/s/ John Piccola

John Piccola Acting Manager, Transport Airplane Directorate
Aircraft Certification Service