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+1 757.787.7668 BQMS Form 613 June 16 , 2012 In reply, refer to 8 422

Docket Management Facility

U.S. De part ment of Transportation 1200 New Jersey Ave., S.E. West Building Ground Floor

Room W12

- 140 Washington, DC 20590

REF ERENCES : (1) FAA Project ST 7169NY

- T

, Boeing 7 47

- 400F Upper Deck Conversion and In

- Flight Access to Main Cargo Deck

. (2) BaySys original submission for this petition, dated March 20, 2012. (3) BaySys updated submission, April 26, 201 2 (4) Email from LA ACO, announcing transfer of STC project from NY ACO to LA ACO due to schedule sequencing , May 03, 2012. (5) FAA comments, dated May 17, 2012

SUBJECT

- Petition for Exemption from the Federal Aviation Regulations 14 CFR Part 25



### Summary of Co ntents

1 AIRPLANE MODEL.

................................ ................................ ................................ ..................... 2

2 REGULATIONS

................................ ................................ ................................ ............................. 2

3 PURPOSE

................................ ................................ ................................ ................................ ........ 2

4 REFERENCES

................................ ................................ ................................ ................................ 3

5 SPECIFIC RELIEF

................................ ................................ ................................ .......................... 4

a. 25.785(d) (amendment 25

- 64)

................................ ................................ ................................ .. 4
b. 25.807(c)(1) (25

- 67)

................................ ................................ ................................ ................. 7

c. 25.807(c)(5) (25

- 67)

................................ ................................ ................................ ..................... 7
d. 25.809(f)(1) (25

- 47)

................................ ................................ ................................ ............... 1 0

e. 25.813(b) (25

- 46)

................................ ................................ ................................ ................... 11
f. 25.813(e) (25

- 46)

................................ ................................ ................................ ....................... 11

g. 25.857(e) (25

- 60)

................................ ................................ ................................ .................... 13
h. 25.1447(c)(1) (25

- 41)

................................ ................................ ................................ ............. 13

6 SPECIFIC REGULATIONS IN COMPLIANCE

................................ ................................ ......... 15

a. 25.561(c)

................................ ................................ ................................ ................................ . 15

7 PUBLIC INTEREST

................................ ................................ ................................ ..................... 17

8 REQUEST TO WAIVE PUBLICATION AND PUBLIC COMMENT

................................ ....... 19

9 SUMMARY

................................ ................................ ................................ ................................ ... 19

NOTE : Track Change bars in margins show the changes from prior submission

.The Art of Technology

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+1 757.787.7668 BQMS Form 613 1 AIRPLANE MODEL

.

This petition is submitted in support of modifications to a Boeing B7 47

- 400F freighter S upple mental

T ype C ertificate (STC) project number ST 7169 NY

- T. This NY project number will be replaced by a

new number from the LA ACO, to be issued shortly per reference (4)

. The applicable Type

Certificate Data Sheet is A20WE with a certification basis of Part 25 of the FAR effective February 1, 1965, as amended by Amendments 25

- 1 through 25

- 67

.

This submission is an update to the March 20, 2012 submission. Changes are marked by change bars in the margins.

2 REGULATIONS A supplemental type certificate (STC) project has been submitted to the NY Aircraft Certification Office in support of this project. In order to comply with 14CFR regulations, this petition is therefore submitted to request that the identified model airplane as identified in this STC project be exempted

from 14 CFR part §25 Regulations :

 25.785(d) (amendment 25

- 64), Firm handhold on th e main cargo deck;

 25.807(c)(1) (amendment 25

- 67), two Type III exits, one on each side on the upper deck;

 25.807(c)(5) (amendment 25

- 67), requirement for Type III exit in lieu of Type IV due to overwing constraints ;

 25.809(f)(1) (amendment 25

- 47), Assis t mechanism (slide) from Emergency exits

 25.813(b) (amendment 25

- 46), assist space next to emergency exits;

 25.813(e) prohibits installation of interior doors between passenger compartments.

 25.857(e) (amendment 25

- 60), Class E cargo Compartment use for cargo only;

 25.1447(c)(1) (amendment 25

- 41) automatic presentation of O2 masks while in cargo bay.

In addition, this petition proposes a definition of Supernumeraries who may have limited access to the main deck cargo compartment, that mirrors the classi fications listed in 14CFR 121.583 (a)(1)

- (7).

This petition documents that this STC project will meet the requirements of 25.561(c), specifically
that our modification will ensure that main deck cargo will, if cargo break s loose, be unlikely to
nullify th e escape route proposed in this petition

. This is discussed in new section 6, below.

3 PURPOSE The owner/operator of the aircraft desires to use this freighter aircraft for types of cargo that require care, or inspection, or both, during flight (e.g., live animals and/or hazardous materials), in addition

to continuing the original mission of carrying cargo freight. To support th is usage of the aircraft

, t he owner/operator has requested to increase the n umber of personnel carried on the upper deck from 8 persons @ taxi, takeoff and landing (TTL) (comprising of 10 seats

- four seats on the flight deck and six seats on the upper deck ) to a maximum total of 19 taxi takeoff and landing (TT&L) seats (fourThe Art of Technology

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+1 757.787.7668 BQMS Form 613 flight crew seats on the flight deck and up to 15 additional persons) during flights where the cargo is

of the type that requires care, or inspection, or both, during flight (e.g., live animals and/or hazardous materials) ; of which the 15 persons may be qualified as “ S upernumeraries” as defined below and permitted access to the main deck cargo area in flight under limitations listed below. The purpose of supernumeraries is to take care of animals and other types of cargo in flight (e.g., hazardous materials) during fl ight, ergo access to the main deck cargo is requested. There are three flight operations where access to the main cargo deck is required: all animals ; all cargo; or a mixed load of cargo and cargo requiring care
, or inspection ( or both ) during flight ; in addition to the original

purpose of cargo carrying operations, with up to 8 persons restricted to the upper deck

. As th ese

purpose s and the necessary configuration of the aircraft is not in accord with the regulations of 14CFR part 25; and as exemptions for configurations similar to this petition already exist; and as these existing exemptions when applied to this aircraft would prov ide an acceptable level of safety for the configuration for this aircraft; this petition is therefore submitted to request specific exemptions from 14CFR part 25 regulations.

Summary of the proposed operations of the aircraft :

a. Operations for carriage of cargo that requires care, or inspection, or both, during flight (e.g., live animals and/or hazardous materials) only ; N o other cargo.

b. Operations for carriage of cargo that requires care, or inspection, or both, during flight (e.g., live

animals and/or ha zardous materials) ; A nd other cargo.

c. Operations for carriage of cargo only ; But no cargo that requires care, or inspection, during flight. For each of these three operations, the Maximum pr o posed TTL person count is 19 on the upper deck, of

which 15 are de signated as Supernumeraries who may be authorized access to the main cargo deck during flight under limitations proposed herein.

d. Operations as originally specified in the TCDS; carrying freight cargo ; with a maximum of 8 persons on upper deck as per TCDS.

4 REFERENCES

 T ype Certificate Data Sheet A20WE, Boeing 747

 FAA Exemption 1870E, pertaining to B747

- 400F: 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, cert ain 747

- 100 airplanes when in the main deck cargo configuration,

and 747

- 400F. (Exemption No. 1870E dated September 8, 1993)

 FAA Exemption 6463, pertaining to B747

- 100/200 cargo aircraft.

 FAA Exemption 7900, pertaining to B747

- 100/200 cargo aircraft.

 F AA Exemption 8587 B , pertaining to B747

- 400 ( “ 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.

 NM

- 09

- 27, Special Airworthiness Information Bulletin: In

- flight access t o Class E cargo compartments, May 12, 2009

 STC project number S T 7169NY

- TThe Art of Technology

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+1 757.787.7668 BQMS Form 613 5 SPEC I FIC RELIEF

a. 25.785(d) (amendment 25

- 64)

R equires that if the seat backs do not have a firm hand hold, there must be a hand grip or rail along each aisle to enable occupants to st eady themselves while using the aisles in moderately rough air , a s there are no seatbacks and only cargo boxes or empty slots in the main cargo deck and a firm handhold may not be available.

Discussion:

1. We note that Exemption 8587B grants an identical pet ition for 25.785(j) (at a newer amendment), for relief from firm handhold for a similar proposal

. 2. The main cargo deck does not have a handrail installed, nor bag bins . The likely configuration will contain only cargo boxes, including those with live anim als, and may also have empty pallet locations. Therefore there will be walls upon which to lean but no specific firm handholds the length of the main cargo deck.

3. Purpose of personnel on the main cargo deck in flight:

a. In order to optimize the usage of t he Boeing Model 747

- 400F as a cargo airplane carrying animals or other cargo requiring care, operators need to be able to accompany their cargo by people whose function is to take care of sensitive cargo and loading and unloading tasks at any port of arriv al. Their presence in the aircraft ensures they will be immediately available on arrival to handle the cargo. This is most important in case of transport of perishable goods, items of value, etc.

b. Some of the cargo items being transported may include live animals, hazardous materials, or valuable or perishable goods that cannot be left unattended, even for the duration of the flight, and the presence of personnel trained and qualified in their handling is necessary on the aircraft on which they are carried. In

- flight inspection of the cargo, especially live animals and hazardous materials, enhances safety.

c. Some of the locations serviced by the cargo carriers may not have ground maintenance centers capable of performing necessary tasks for the operator aircr aft nor passenger flights to carry maintenance personnel to the location. The ability to transport company maintenance personnel on company flights increases flexibility of operation.

d. Non

- crewmember passengers carried on Boeing Model 747

- 400F airplanes ar e limited

. The se non

- crewmembers, referred to below as “supernumeraries”, shall be

i. physically capable of performing their emergency and normal cargo handling

duties ; and

ii. briefed in the aircraft

- specific limitations and use of emergency equipment; and

iii. Pe rmitted access to the main cargo deck during climb, cruise and descent segments of flight in accord with limitations of this exemption and the approved STC.

e. “Supernumeraries” per 121.583 (a)(1) thru (7) may include:

i. A crewmember.

ii. A company employee.The Art of Technology

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+1 757.787.7668 BQMS Form 613

iii. An FAA air carrier inspector, a DOD commercial air carrier evaluator, or an authorized representative of the National Transportation Safety Board, who is performing official duties

iv. A person necessary for

— 1. The safety of the flight;

2. The safe handling of anim als;

3. The safe handling of haz a rdous materials whose carriage is governed by regulations in 49 CFR Part 175;

4. The security of valuable or confidential cargo;

5. The preservation of fragile or perishable cargo;

6. Experiments on, or testing of, cargo containers or cargo handling devices;

7. The operation of special equipment for loading or unloading cargo; and

8. The loading or unloading of outsize cargo.

9. A person described above, when traveling to or from his assignment.

10. A person performing duty as an honor guard accom panying a shipment made by or under the authority of the United States.

11. A military courier, military route supervisor, military cargo contract coordinator, or a flight crewmember of another military cargo contract air carrier or commercial operator, carri ed by a military cargo contract air carrier or commercial operator in operations under a military cargo contract, if that carriage is specifically authorized by the appropriate

armed forces.

12. A dependent of an employee of the certificate holder when traveli ng with the employee on company business to or from outlying stations not served by adequate regular passenger flights.

v. Supernumeraries will be permitted access to the main cargo deck during climb, cruise, and descent portions of flight in accord with limi tations expressed in this exemption petition.

f. Supplemental Oxygen will be discussed in a separate paragraph.

g. A smoke barrier will be established and maintained to isolate the upper deck at all times, except during passage through the barrier as a Supernume rary ascends or descends to the main cargo deck.

h. Handhold provisions in the upper deck per the requirements of CFR 25.785(j) are retained from the passenger configuration. Since installation of handholds in the main deck cargo compartment is impractical, a n acceptable level of safety is provided by the crew operated alert system ability to indicate, at the onset of turbulence to Supernumeraries in the cargo compartment, to return to their seats. This mitigation parallels that approved in similar FAA appro ved exemptions for 747 cargo aircraft.

i. Alerting. We propose installation of a modified Aural

- Visual alerting system

. This installation will also require Flight Manual Supplement limitation s for operations and preflight briefings

. There are two separate alerts:

i. Decompression a nd Smoke/Fire Alert:The Art of Technology

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+1 757.787.7668 BQMS Form 613

A n automatically activated aural and visual de compression and smoke/fire alert

will be provided and immediately recognizable in accessible areas of the Class E cargo compartment to notify supernumeraries when to don the portable oxygen units, return to their seats and ensure that the smoke barrier is secured (i.e., the doors are closed). As a backup to the automated alert system, the flightcrew will be able to manually activate the alerts. The pre

- flight briefing

will include training in the sound of the alert, the meaning of the alert, and the

respons e to the alert (i.e., procedures for donning the masks and activating the flow of oxygen).

ii. T urbulence Alert:

A flightcrew member operated visual alert, which is recognized in the supernumerary seating area and in accessible areas in the Class E cargo

co mpartment, will be installed to indicate, during turbulence or predicted turbulence, that persons must return to their seats. The alert will be clearly distinguishable from the decompression/fire/smoke alert, so that supernumeraries do not waste time putti ng on the oxygen masks before returning to their seats. Appropriate procedures and limitations must be established to ensure that the flightcrew member alerts the supernumeraries to return to their seats at the onset of turbulence. The pre

- flight briefing must explain this alert to the supernumeraries.

iii. Alerting Requirements:

1. Each shall be distinctive and effective. The alert for turbulence will be clearly distinguishable from the alert for decompression & fire/smoke.

2. Visual alerts will be visible from all occupant locations and orientations, during all expected operational conditions including a rapid decompression where moisture in the air may condense.

3. Aural alerts will be loud enough to be heard during all expected operational conditions including a ra pid decompression where the

ambient noise level will increase.

j. The Publi c address system will be extended to the main cargo deck; to permit announcements from the flight deck or any interphone location

. k. Intercom phones (interphone) will also be placed on the main cargo deck for two way

communications.

l. A Fl ight Manual suppl ement shall include the requirement for flight crew pre

- flight briefing of the S upernumeraries, including procedures of egress to the Class E compartment, and of emergency procedures including the aural

- visual alert signals

, smoking, emergency exits, safet y equipment, etc

. Flight Manual supplement shall

include the flight crew procedures related to the operation of Class E aural

- visual alert signals.

m. This modification includes a limitation that this aircraft be operated on a private, not

for

- common

- carriag e

- of

- passengers basis.The Art of Technology

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+1 757.787.7668 BQMS Form 613 b. 25.807(c)(1) (25

- 67) Provides, in part, a requirement for Two Type III exits, one on each side on the upper deck , for a passenger (TTL) count of between 10 through 19

. See discussion in para c below

c. 25.807(c)(5) (25

- 67)

“... For airplanes on which the vertical location of the wing does not allow the installation of overwing exits, an exit of at least the dimensions of a Type III exit must be installed instead of each Type IV exit required by subparagraph (1) of this paragraph.”

D iscussion:

1. We note that Exemption 1870E grants a similar exemption from these regulations; 1870E applies to this aircraft by model; however the new proposed configuration exceeds the limitations of number of persons per 1870E and the TCDS ; no r does 1870E permit access to the main cargo deck in flight.

2. C onfiguration of TTL on upper deck with respect to egress: Right Side

a. This aircraft upper deck currently has a right hand door that measures 24”x48” (and

meets Type I size, which is larger than Types II, III, IV); As this exit has a step up feature, it cannot properly be classified as a Type I . However, it was approved for emergency exit for the quantity of persons in flight deck and upper deck seating per 1870 original gr ant of exemption

. A n escape slide device is on this door that is manually deployed and automatically inflated ; t his slide is capable of withstanding a

25 knot wind. We propose to maintain this slide.

b. In accord with exemptions 8536A and 8587A, this d oor with manually deployed and automatically inflated slide has been approved for evacuation of up to 24 persons in a

similar aircraft; therefore we estimate that all 19 persons proposed in this petition

could saf e l y exit from the right side of the aircraft in the event of an emergency landing.

c. As an alternative

, in case this door is found unacceptable as configured, a modification

to install supplemental inertial drop reels to provide for evacuation of up to all 1 9

persons from the upper deck via the right hand door would be proposed

. As t his mitigation is already approved for up to 19 persons on the upper deck per TCDS

A20WE in the case of the 747

- 200F , we believe this would be acceptable without

demonstration of a right hand evacuation

.

Left Side

d. There is also a n existing emergency hatch located on the left flight deck that currently

satisfies the flight crew escape requirements per 25.805. This was approved in Exemption 1870 for use as the sec ond exit for upper deck passengers, using inertial drop reels and harness provisions that are installed in the overhead of the upper deck

, to a maximum of 8 persons.

i. In accord with exemptions 8170 ( initial through E), this hatch with inertial drop

reels h as been approved for evacuation of up to 8 persons.The Art of Technology

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+1 757.787.7668 BQMS Form 613

ii. Therefore if the upper passengers are increased to 19, then 11 of those could not be shown to exit the aircraft from this emergency hatch within 90 seconds, unless other testing or an alternate path is sh own to be compliant.

iii. We therefore propose an alternate left side path for evacuation for at least 11 of the 19 persons proposed for upper deck TTL positions.

e. Lower Deck evacuation left side , required any time more than 8 persons are carried on the upper de ck

. i. We propose that a second left hand side door, L1 on the main cargo deck, be utilized for evacuation on the left hand side, in case the upper right hand door is blocked and only the emergency hatch is available on the left side.

ii. There are several pre cedents for use of a main deck exit for passengers seated at TT&L on the upper deck , reference the type certificate A20WE, for 747’s configured for commercial operations. Reference TCDS A20WE and special

conditions 25

- 61

- NW

- 1, 25

- 71

- NW

- 3 ; and 25

- 430

- SC

. The situation in this

aircraft is more conservative than a passenger configured aircraft : in that this aircraft is intended for private use and the upper deck passengers would be “Supernumeraries” ( both physically qualified and specifically trained in th e aircraft configuration and evacuation procedures ). This training/qualification process can be reasonably expected to ensure that Supernumeraries are more physically able and more mentally ready (than the average commercial passengers) to evacuate the u pper deck, if necessary, via the stair to the main deck and then out the L1 door escape slide. We propose to demonstrate this by

test.
iii. Moreover, we propose that the stair between upper deck and main cargo deck be constrained by conditions similar to th ose of 25

- 430

- SC; specifically:

1. The stairway must be essentially straight

. 2. The stairway must have essentially rectangular treads.

3. 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 entrance, exit, and gradient characteristics that allow the upper

deck supernumeraries to evacuat e and exit the airplane through the L1 main deck exit. This must be shown by demonstration, tests, analysis, or any combination thereo f.

4. The stairway must accommodate the carriage of an i ncapacitated occupant from the upper deck to the main deck. The crewmember procedures for such carriage must be established and included in the airplane flight manual.

5. 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.

6. The stairway must be designed and located to minimize damage to its

structure duri ng an emergency landing or ditching.

7. General illumination must be provided so, when measured along the

center lines of each tread and landing, the illumination is not less thanThe Art of Technology

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+1 757.787.7668 BQMS Form 613 0.05 foot

- candle. This is in lieu of compliance with Sec. 25.812(c), at

Amendme nt 25

- 116.

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

- 88.

9. An emergency exit sign meeting Sec. 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 Sec. 25.811(d)(1), at

Amendment 25

- 88.

10. Floor proximity lighting required by Sec. 25.812(e), at Amendment 25

- 120, must be provided along the stairs.

11. 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 s o there is no obstruction

on them that will cause the user to release his/her grip or hinder the continuous movement of the hands along the handrail. Handrail(s) must be terminated in a manner that will not interfere with occupants walking by or create a h azard (such as catching clothing). Applicant must
demonstrate that the design can accommodate the stature of a fifth percentile female and a ninety

- fifth percentile male.

12. The public address system must be intelligible in the stairway during all flight pha ses. 13. "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.

iv. Comments on the Stair: In the event of failure of landing gear on one side, and aircraft tipover, calculations show that the maximum increased angle will be approximately five degrees. The existing stair , with both non

- skid treads and

firm railing

, is easily navigabl e at any angle both plus and minus five degrees for a physically fit individual. The writer draws on 20 years of commissioned Naval service on numerous US Naval ships and 12 years of actual continuous

sea time , climbing similar stair s in all weather and sea states both inside and external to the ship with roll & pitch exceeding 5 degrees and the additional constraint of yaw , in stating this opinion.

a. Proposed Limitations include:

v. Reactivation of automatic slide on L1 , to incl ude life raft provisions.

vi. Requirement to maintain the stair locked in the down position during all phases of flight when TTL count exceeds 8 ; vii. Requirement that the smoke barrier be frangible, if the smoke barrier is of a

solid construction.

viii. Meet the propose d limitations listed above in paragr aph (5.c.2.e.iii)

ix. Demonstration by test that at least 11 of 19 persons can descend and exit via the L1 door; including an incapacitated person, w ith a goal to show that all 1 9The Art of Technology

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+1 757.787.7668 BQMS Form 613

persons located on the upper deck are able to exit within the prescribed 90

second time limit.

x. Flight Manual entries that mandate these operational limitations

. xi. Inclusion of this evacuation plan in the FAA approved training p lan for this exemption & STC.

d. 25.809(f)(1) (25

- 47)

R equires, in part pertinent to the certification basis of the 747

- 400F, that each passenger emergency exit (other than over wing exits) located more than 6 feet from the ground must be provided with a

sel f

- supporting slide or equivalent to assist the occupants in descending to the ground. It further

defines certain criteria for the assist means: automatic deployment capabilities; maximum erection times; and, usability under certain landing gear collapse c onditions and 25

- knot wind conditions.

Discussion:

1. We note that Exemption 1870E grants a similar exemption for these regulations; 1870E applies to this aircraft by model; however the new proposed configuration exceeds the

limitatio ns of number of persons; nor does 1870E permit access to the main cargo deck in flight.

2. On the right side of the aircraft,

a. While 25.809(f)(1) requires automatically deploying assist means, we note that the right hand door already is configured with manually opened door with an automatically deployed slide that meets the requirement s of 25.809(f)(1)

. Citing the precedent of 1870E and Boeing’s reported experience with 747 model aircraft equipped with this means as discussed in 1870E, we feel that this right hand door provides an adequate means of egress when combined with limitations on Supernumeraries as discussed above, e.g. “.. physically capable” and “.

. .specifically

briefe d ” f or up to 19 persons as proposed in this petition. This escape means has been demonstrated to be effective at providing safe evacuation of occupants to the ground

. b. A large number of Boeing 747

- 200F/200C and 400F aircraft have the manually deploying slide; commonality of configuration and crew training is an economic

benefit

.

c. A Boeing survey of similar aircraft ( discussed in 1870E )

, documented that the majorit y of affected airplanes in service are equipped with manually deployed slides. No adverse experience has been reported with these manually deployed slides provided for specially trained "crew," which suggests the validity of a determination at this point t o continue to allow them.

d. All the persons carried as supernumeraries will be specially trained and qualified in the escape methods listed above; moreover none of these persons will be “ commercial ” or

fare

- paying. Therefore a higher expectation of their capability and familiarity with the exit systems is anticipated.

e. The Boeing 747 installed slide s per the Type Certificate meet the existing 25 knot wind requirement; we propose to maintain this capability without change.

f. As an alternative in case this doo r is found unacceptable as configured, a modification to install supplemental inertial drop reels to provide for evacuation of up to all 19The Art of Technology

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+1 757.787.7668 BQMS Form 613

persons from the upper deck via the right hand door would be proposed. As this mitigation is already approved for u p to 19 persons on the upper deck per TCDS

A20WE in the case of the 747

- 200F, we believe this would be acceptable without demonstration of a right hand evacuation demonstration.

3. On the left side of the aircraft,

a. T he overhead hatch is outside this regula tion and discussed elsewhere, approved for use by up to 8 persons with use of in ertial drop reels.

b. The activation of the L1 door entails modification to the door assembly to install an

airline

- style automatically inflating slide

4. We estimate that, if our proposal to use the existing right hand door as is and modify L1 to add an escape slide, the proposed new configuration will be in compliance; however if we use inertial drop reels through the right side door then we request to be exempted from the

“a utomatically deployed” requirement of 25.809 as the inertial drop reels provide adequate means to escape but do not automatically erect as required.

e. 25.813(b) (25

- 46) Assist space next to emergency exits;

Discussion:

1. We note that Exemption 1870E grants a similar exemption for these regulations; 1870E applies to this aircraft by model; however the new proposed configuration exceeds the limitations of number of persons; nor does 1870E permit access to the main cargo deck in flight.

2. Assist s pace configurations

.

a. The upper deck right hand door exit does not have adequate space to provide the required assist space during an evacuation.

b. A dequate space has been demonstrated to be available in the cockpit for flight crew to assist "crew" in evacuating from the cockpit hatch.

c. Adequate space exists in the vicinity of the L1 door exit to p rovide assistance during

evacuation.

3. The flight crew and the supernumeraries will both be specially trained and benefit from a higher level of aircraft knowledge than the common public on a commercial carrier. Their training will include the safety proce dures and evacuation methods to include upper deck slides, evacuation, and the inertial reels/harnesses. As the inhabitants will not be paying passengers but rather be either flight crew or specially trained and qualified “supernumeraries” , we feel that the added benefit of this assist space is more than compensated for by the training. We feel this provides an adequate level of safety in excess of that that would be provided by a crew assist space next to the right hand exit door.

4. We therefore reques t exemption from this regulation for the upper deck escape door in this configuration ; to waive need for an assist space next to the right hand upper deck crew service

door

.

f. 25.813(e) (25

- 46) Prohibits installation of interior doors between passenger compartments and exits.

Discussion:The Art of Technology

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+1 757.787.7668 BQMS Form 613 1. We have proposed above to use a left hand evacuation route that includes descent through the upper deck smoke barrier, down the stair t o the main deck, and out L1.

2. The upper deck smoke barrier is a hard door that opens on the upper deck.

3. We propose to reengineer this smoke barrier/ door and operational procedures to ensure this door is safe for occupant use. Similar to other granted exe mptions for doors submitted by BaySys (9741, 9762), These limitations include:

a. Lock the door at the top of the stairs between upper deck and the main cargo deck in

the open position during taxi, takeoff and landing . As this door is within visual

distance of the crew , no special annunciation is required; however a limitation to ensure flight crew verifies door is in the correct position will be added to the Flight

Manual.

. b. Reengineer the door at the top of the stairs to be frangible

c. Add this limit ation to the Flight Manual Supplement , that Flight deck crew must verify prior to TTL that the door is locked in the correct position. As this door is so close to the cockpit, additional annunciation is not required.

d. Ensure port able breathing equipment is available that will provide a minimum of 90 seconds of air, in the event of an evacuation event after a landing via L1 if smoke

exists. We envision a device similar to these listed below

. While these may be considered a novel feature in terms of 14CFR part 25, devices generically named SEED (Supplementary Emergency Escape Device) have been developed for use in emergency aircraft and in emergency maritime sit uations and used successfully for egress from aircraft and ships during fire and crash situations , much more rigorous than the proposed 747

- 400F evacuation route

. SEED Samples include

i. HEED 3 http://www.he ed3.com/index.html

ii. Oceano M

- 20

. 2 http://www.ocenco.com/m20/english.html

e. Note: We envision that Portable breathing equipment for emergency evacuation after landing (a.k.a. SEED) are not the same as those required for supernumeraries while in the cargo bay during flight (PBE)

. While a PBE provides sufficient breathable atmosphere to support the requirements that a SEED satisfies , a SEED cannot fulfill the requirements that a PBE can address.

f. Locate p ortable breathing devices ( SEED ) on the upper deck, in close proximity to the doorway that descends to the main deck. The quantity required is the person count plus two.

g. Note: the envisioned SEED devices do not pose a damage threat to an escape slide as

there is no excess heat or sharp edges that may compromise an inflated slide.

h. Demonstrate by test (s) that : i. that the upper deck passengers can egress via L1 within the required timeframe (see discussion in paragraph on 25.807 above)

ii. emergency evacuation w ithin the proscribed time limits is feasible while using

SEED devices without damage to escape slide.

iii. that the door is frangible and may be opened by a fifth percentile female in case

of door malfunction

, and then egressed by a 95 percentile male ; iv. that the reengineered smoke barrier/door maintains smoke barrier properties;

i. Include these measures in the supernumerary and flight crew training.The Art of Technology

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+1 757.787.7668 BQMS Form 613 4. We therefore request exemption from this rule given the mitigating steps listed above.

g. 2 5.857(e) (25

- 60) Defines the attributes of a Class E cargo compartment, and requires that a Class E cargo compartment may not be on any airplane other than one utilized exclusively for the carriage of cargo.

Discussion:

1. The central point of this petition is to permit access to the main cargo deck during flight, under specific limitations.

2. This petition envisions no change to the “classification” of the main cargo deck as Class E.

3. This petition proposes specific limitations that, when complied with, al low main cargo deck access during flight phases for specific purposes. A summary is provided:

a. Supernumeraries. These persons will meet the criteria listed above in our paragraph on

25.785.

b. Alerting system. A visual/aural system will be in place to alert Supernumeraries on the main cargo deck when to r eturn to s eat and to d on o xygen.

c. Smoking is prohibited on the main cargo deck during all phases of flight.

d. Protective Breathing Equipment (PBE) per 25.1439 with protective masks will be stored on the upper deck and required to be carried at all times by Supernumeraries,

while on the main cargo deck.

e. Fixed O2 masks. A fixed oxygen source (drop mask) will be available at each upper

deck TT&L seat.

f. Smoke barrier. The smoke barrier between the upper deck a nd main cargo deck must remain in place at all times, except during passage between the areas.

g. Public Address speakers and interphone capabilities per 25.1423 will be available on the main cargo deck.

h. Emergency lighting per 25.812 (foot path and overhead ) will be available in the main cargo deck and in the path f ro m upper deck to L1

. i. Exit Signage will be modified to the new configuration. j. First Aid Kit. Additional first aid kits will be located at the front and rear of the Main Cargo Deck.

k. Additional fire fighting gear (gloves, fire extinguishers) will be stored on the main cargo deck.

l. Appropriate placards and instructions will be posted in the upper deck and main cargo

deck.

m. A flight manual supplement will contain these operating limitations

.

n. An F AA approved training plan will be submitted for approval as part of the STC project.

4. Therefore while the classification of the main deck cargo compartment does not change, we specifically request to access this area in flight under limitations listed above

.

h. 25.1447(c)(1) (25

- 41) Automatic presentation of O2 masks . While the upper deck will meet this, the main deck cargo area will not meet this requirement for supernumeraries while accessing the main cargo deck

. Discussion:The Art of Technology

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+1 757.787.7668 BQMS Form 613 1. When supernumeraries are seate d in their seats or while in the lavatory on the upper deck,

self

- presenting oxygen masks indicate the need to don an oxygen mask. Since self

- presenting oxygen masks are not available to persons entering the Class E compartment, the Decompression & Fire

- Smoke alert system (subpara 5.a.3 above) that indicates to compartment occupants the need to immediately don oxygen for either a decompression event

or fire/smoke

, that they are required to carry while in the main cargo compartment.
2. Supernumeraries will be trained regarding the location and use of the oxygen equipment and the

alert conditions requiring their use

. 3. W hile in the class E compartment , supernumeraries are required to carry th eir oxygen equipment on their person . These oxygen equipment will be stored in a specified location, easily accessible to supernumeraries

, in close proximity to the cargo stair

. There will be at least one portable oxygen unit, with a mask connected to it, provided for each supernumerary allowed to enter the main deck Class E cargo compartment during flight ; with an additional 2 units to meet the 10% overage requirement of 25.1447.

4. The portable oxygen device will meet the performance standards of §§ 25.14 43(a) or (b), or the equipment will be shown to protect the supernumerary from hypoxia at the activity level required to return to his or her seat following a rapid decompression to 25,000 feet cabin altitude.

5. As we propose to use the same alert for both decompression and smoke/fire, the oxygen unit will meet the protective breathing equipment (PBE) requirements in §§ 25.1439(b)(1), (2), and (4), and

the PBE equipment will be designed to prevent any inward leakage to the inside of the device and prevent any outward leakage causing significant increase in the oxygen content of the local atmosphere (i.e., full face mask type.)

6. The oxygen units will also meet the intent of § 25.1449, which states that there must be a means

for the crew to determine whether oxygen is being delivered to the dispensing units. We propose to include in the mandatory supernumerary training, how to make this determination and to provide oxygen flow indication in the oxygen equipment

. 7. 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 fires of oxygen. This is accomplished by depressurizing the airplane and maintaining a n altitude that will not support combustion. Due to the manner in

which fire in the cargo compartment is to be controlled, supernumeraries (persons) on the airplane

will have been found physically fit by the operator.

8. In all cases, there must be suitable means of preventing smoke penetration into area s that are occupied. The petitioner’s design accounts for this by proposing a barrier, which must comply with the smoke penetration requirements for the flight deck and the supernumerary

compartment. T his configuration is intended to allow supernumeraries to enter the Class E cargo compartment and hence open the smoke barrier between the cargo compartment and the

supernumerary compartment. The smoke barrier will automatically close and remain closed at all times, except during passage. A placard indicating that the smoke barrier is to be secured (i.e., the door or curtain must be closed) at all times, will be posted in a conspicuous place,

either on or next to the smoke barrier.

9. Smoking will not be permitted on the main cargo deck during any phase of fligh t.
10. Alerting. The alerting scheme has been proposed in subparagraph 5.a.3, above.

11. We therefore request relief from this rule under the limit ations listed above.The Art of Technology

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+1 757.787.7668 BQMS Form 613 6 SPECIFIC REGULATIONS IN COMPLIANCE

This section discusses regulations for which our STC will be in compliance, but are significant issues to aid FAA assessment of our Petition for Exemption.

a. 25.561(c) Requires that cargo items in t he main deck must be positioned so that if they break loose, they will be unlikely to . . . nullify any of the escape facilities provided for use after an emergency landing ; and

w hen such positioning is not practical each such item of mass shall be restrai ned under all loads up to those specified in paragraph 25.561 (b)(3). The local attachments for these items should be designed

to withstand 1.33 times the specified loads if these items are subject to severe wear and tear through frequent removal (e.g. qui ck change interior items).

Discussion:

1. This loading diagram of the main cargo deck is a sample showing possible loading conditions on the Main Cargo Deck of this 747

- 400F, and illustrates horse box locations possible in one of the loading scenarios. It i s used in this document only to discuss relative positions of cargo locations in relation to the existing L1 door

.

Figure 1 sample loading in 747

- 400F, Main Deck

2. The stair from the upper deck is located forward of positio n CL, on the left side, adjacent to position B1 and aft of positions A1, A2.

3. More than eight persons on upper deck. When more than eight personnel are seated on the
upper deck for TTL and therefore the escape path via the stair to L1 is required; W e propose

to establish below limitations in the weight and balance manual as well as flight manual
supplement , and show by analysis that our installation is in compliance.

a. Cargo in positions A1, A2, B1 shall be limited by weight and fittings to meet the

2 5.561 loading criteria in the direction that may impact the stair . As required new
attachment fittings will be installed that meet the necessary loading criteria in
compliance with 25.561(b) load factors

. i. For A1 & A2, we expect no changes to weig ht limitations as these cargo spots

are forward of the stair , therefore subject to a load factor of 1.5G in the aft
direction to impact the stair , and A1 & A2 are already approved at 1.5G loadThe Art of Technology

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+1 757.787.7668 BQMS Form 613

factor as documented in the weight and balance manu al. We shall show this by
analysis.

ii. For B1, we anticipate c argo weight limitations in this cargo location that will
apply a required load factor of 6G sideward to cargo in this location to ensure
that loads do not impact the escape path of the stair . We shall show this by
analysis, and provide necessary limitations in the flight manual and weight and
balance manual supplements.

b. M ain cargo deck positioning shall be limited as follows.

c. The first two cargo positions (CL & CR) will remain empty during a ny flight where
more than 8 persons are on the upper deck for TTL (and therefore egress path will

include the stair

/L1 door exit). In place of these cargo positions we shall engineer and

install a barrier that is shown to support at least a 9G load with respect to the
maximum load available for the next two cargo positions (DL & DR); this new barrier

will be attached to the fuselage as well as to the floor structure. This barrier shall be

shown to meet the full 25.561 loading in the most stringent c ase that may affect the

stair /emergency escape path ( Forward 9.0g )

. The local attachments for this barrier and
for the cargo in CL and C R positions will be shown to withstand 1.33 times the
specified loads if these items are subject to severe wear a nd tear through frequent
removal (e.g. quick change interior items). We expect this will impact floor structure,
sidewalls and ceilings and attach to airframe structure , and we will modify the

structure as necessary , and approve by analysis all necessary changes. W e shall

establish the appropriate limitations in the weight and balance manual as well as flight
manual supplement, and show by analysis that our installation is in compliance.

d. The next aft two cargo positions (DL & DR) will remain be loaded wi th a load limited

to a weight equivalent to that of one horsebox and one horse apiece during any flight

where more than 8 persons are on the upper deck for TTL (and therefore egress path

will include the stair

/L1 door exit). We will engineer and ins tall modifications to
cargo tie down systems such that each item of mass shall be restrained under all loads
up to those specified in paragraph 25.561 (b)(3); The local attachments for these items

will be designed to withstand 1.33 times the specified load s if these items are subject
to severe wear and tear through frequent removal (e.g. quick change interior items).
The new load limits in these positions will be lower than original load limits such that
these loads multiplied by a 9G factor will be equal to or less than the original load
limits in these positions multiplied by a 1.5G factor.

e. The remaining rows of cargo positions will be constrained by the existing W&B
restrictions; These remain approved at the original load factors for the Main cargo

Dec k (e.g. 1.5G) per the Boeing W&B manual of the Type Certificate. As these are
already restrained to 1.5 G factor and they are aft of the DL & DR positions and theyThe Art of Technology

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+1 757.787.7668 BQMS Form 613

are also aft of the newly installed CL & CR barrier, then in accord with 25.561 these
are j udged to be unlikely to nullify the escape path.

4. Eight or less persons on upper deck for TTL. When eight or less persons are onboard then the
L1 path is not required for emergency egress, then current approved aircraft limitations for
weight and balanc e and cargo loading apply.

7 PUBLIC INTEREST

Safety is the primary concern of the modification. Safety requirements of the original type certification of the aircraft will be complied with, as defined by the aircraft type certificate data sheet

A20WE ; as modified by limitations and mitigations listed above

. There are no adverse effects anticipated from the exemption petition that are not mitigated by our proposals listed above.

The Owner and Operator of the aircraft intends to use the aircraft to transp ort horses, including 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 qualifie d handlers on board who can access the animals during flight.

Based in a Middle East country, the owner’s flight team travels to world class events worldwide using other aircraft currently. The interest of the petitioner is in providing a level of saf ety for the animals and aircraft that will allow his service to support all international events which involve a large

number of race or show horses. The Boeing 747

- 400F current has provisions for 6 people on the upper deck but no approved means for “supe rnumerary” with access to the main cargo deck for care of cargo.

For safety reasons, the International Air Transport Association (IATA) recommends that for up to four pallets, one experienced groom be provided for each pallet of horses. For more than fou r pallets of horses, it is at the discretion of the carrier and the shipper to determine the optimum requirement. The safe transport of large numbers of horses by air therefore requires the carriage of a commensurate number of qualified handlers on the ma in deck. The Owner/Operator has planned that, with 15 supernumeraries on the aircraft, the horses carried will be adequately cared for in all cases of expected transport.

The carriage of an appropriate number of animal handlers aboard an aircraft to mon itor 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.

This exemption, therefore, serves the public interest for safety reasons and also for increased air freight deliveries of these animals internationally.The Art of Technology

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+1 757.787.7668 BQMS Form 613 Other owners/operators may have a similar interest in this solution as there is clear economic b enefit

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.

Since the passengers aboard these airplanes will not be r evenue paying customers of commercial for

hire airlines , but rather employees of the owner operator and specifically trained, there is no degradation to airline passenger safety and therefore no detrimental impact the public at large. Indeed, the supernum eraries are already employees of the Owner/Operator.

The project in question on this Boeing 747

- 400F is a case of the special market in which BaySys 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 cargo deck during flight in support of animal care. In order to satisfy the customer requirements and maintain our marketing competitiveness, BaySys Technologies, LLC seeks to acc ommodate this configuration while providing an adequate level of safety for the flight crew and supernumeraries.

BaySys Technologies, LLC is a small and growing company based in Virginia that provides engineering, certification and installation on p art 25 aircraft. BaySys is the parent company of a p art 145 Repair Station and an FAA Part Manufacturer Authority (PMA) certificate. The company employs over 50 US citizens and provides stron g support to the local economy where these employ ees and faciliti es are located. Moreover, our facility and operations in the Virginia area key in a project led by the County of Accomac k , the State of Virginia and u ni versities teamed with the NASA Wallops Flight F acility in Virginia to create a new Wallops Research Par k . The purpose of this new Wallops Research Park is to promote aerospace

- related activities and research related

educational activities that will promote real and sustainable economic growth in this county ; BaySys is privileged to be a part ner in thes e efforts

. O ur success in an extremely competitive global economy will have a significant positive impact on the local and regional economy.

This project is work for an “offshore” client, improving the United States’ balance of trade.

Granting this ex emption 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 in future aircraft in this STC.

Approval o f these exemptions will enable this Virginia company working on Transport Category Airplanes to effectively compete in this global market. Stability and improved financial performance of this Virginia company gives greater job stability to workers employe d, 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 Virginia owned and operated corporations and i ncreased 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. Improved financial performance allows Virginia corporations to continue t o invest in Research and Development allowing the United States to maintain and improve its competitive position in the global economy.The Art of Technology

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+1 757.787.7668 BQMS Form 613 8 REQUEST TO WAIVE PUBLICATION AND PUBLIC COMMENT

For this petitions, BaySys requests that the publication and comment pr ocedures that are required by 14CFR § 11.29 be waived in accordance with §11.87. In our estimation :

 Granting these petitions would not set precedents;

 These exemptions are near identical to previously granted exemptions, and are already recognized by the FAA on similar model aircraft (1870, 8536, 8587)

 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 747

- 400F and thereby require multiple aircraft to fulfill the project mission s

.

 Our petitions have been filed in a timely manner, within days of assignment of ACO project number to support of delivery to meet customer schedule requirements.

In keeping with our program schedule, we request that review and decision be made by July 2012, or as soon as possible.

9 SUMMARY

The following summary is presented in support of publ ication in the Federal Registry

.

Section s of 14 CFR a ffected :

 25.785(d) (amendment 25

- 64),

 25.807(c)(1) (25

- 67),

 25.807(c)(5) (25

- 67),

 25.809(f)(1) (25

- 47),

 25.813(b) (25

- 46),

 25.813(e) (25

- 46),

 25.857(e) (25

- 60),

 25 .1447(c)(1) (25

- 41)

Description s of r elief s ought: Petitioner requests relief from the requirements of

 25.785(d) (amendment 25

- 64), relief from requirement for a firm handhold on the main cargo deck while occupied in flight;

 25.807(c)(1) (25

- 67), re lief from the requirement of having two Type III exits, one on each

side

, on the upper deck;

 25.807(c)(5) (25

- 67), relief from the requirement for Type III exit in lieu of Type IV due to over wing constraints on upper deck;The Art of Technology

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+1 757.787.7668 BQMS Form 613  25.809(f)(1) (25

- 47), relief fr om an automatic a ssist mechanism (slide) from Emergency exits on upper deck ;

 25.813(b) (25

- 46), relief from a the requirement for an assist space next to emergency exits on upper deck;

 25.813(e) (25

- 46)Prohibits installation of interior doors between pa ssenger compartments and exits;

 25.857(e) (25

- 60), Restriction on Class E cargo Compartment use for cargo only;

 25.1447(c)(1) (25

- 41), relief from automatic presentation of O2 masks while in cargo bay.

 In addition, the petition has proposed a definition of Supernumeraries who may have limited access to the main deck cargo compartment, that mirrors the classifications listed in 14CFR 121.583 (a) (1) through (a)(7) , given specific operational limitations and conditions.

B aySys Technologies respectfully su bmits this Petition for Exemption as regards this project

ST 7169NY

- T

. We believe that the mitigations we have presented will provide a level of safety adequate to protect all crew and supernumeraries in this aircraft.

Sincerely

,

Nick Olmsted

Direct or of Certification Telephone: +1 757

- 709

- 1813

Email: nick.o@baysys.aero

c c: Manager

, FAA Los Angeles Aircraft Certification Office