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 80th 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.
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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 care, 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. 
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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. 
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 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 altitude 
5 

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. 
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 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. 
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 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. 
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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. Also, 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 identified 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 certification 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 the 

centerline 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 configuration 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 erected 

within 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 safe 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-flight 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-flight 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 the 
13 

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 carrying 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 an 
14 

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 being 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 care/attention during flight, and no 

live animals requiring care/attention during flight. The petitioner has 

identified this as operational type B. The maximum number of 
15 

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-flight briefing must explain this signal to 

the supernumeraries. 

10. A flightcrew-activated aural or visual signal, 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 the 

supernumeraries 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 and 

harnesses 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 have 
18 

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