3850 Three Mile Lane • McMinnville, Oregon 97128 • USA 

Phone (503) 472-0011 • Fax (503) 472-1369 • SITA: HDQMCEZ 

June 11,2010 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 c5 

Subject: Supertanker Systems, Inc. (SSI) Petition for a Temporary Exemption from the Provisions 

of Section 25.1415(b) as it relates to the scope definition in Technical Standard Order 

(TSO) C70A that states Type II Life rafts are for use in Non-Transport Category 

Airplanes. 

Table 1 - Effective Aircraft: 

TAIL 

NO 

N479EV 

VRBL 

NO 

RA633 

LINE 

NO 

94 

SERIAL 

NO 

19898 

References: 

A. Policy Letter N8900.116 

B. AD 92-14-02 

C. STC SA2121CE-D 

D. Boeing drawing 65B58005, -509 configuration 

E. STC SA2125CE-D 

p. Boeing drawing 016U5920, -1 configuration 

G. STCST00185SE 

H. EIA drawing 25-4-0026-92 Rev I 

To Whom It May Concern: 

Supertanker Systems, Inc. (SSI) petitions for a temporary exemption from the provisions of Section 

25.1415(b) for the airplane listed in Table 1 above. Section 25.1415(b) requires that each life raft for a 

transport category airplane be approved. SSI requests relief from these provisions of part 25 as it relates 

to the scope definition in Technical Standard Order (TSO) C70A that states Type II Life rafts are for use 

in Non-Transport Category Airplanes. 

Section of the FAR affected: 

Section 25.1415(b) requires that each life raft for a transport category airplane be approved. 

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Supportive information is as follows: 

SSI has been compelled to petition for an exemption to Section 25.1415(b) for the SSI B747-100 

Supertanker as listed in Table 1 for a brief period of approximately 100 days. Within this request, SSI 

will show that by granting this petition, an equivalent level of safety is maintained. Failure to grant the 

exemption represents an economic hardship to SSI that was not avoidable through actions on SSI's part. 

Background: 

Recently, SSI was contacted by it's CMO and was provided a copy of the Ref A Policy letter for review 

and action. SSI has reviewed the Ref A Policy Letter. SSI understands the issue the letter is raising, but 

differ in the assessment of the approval status of it's current life rafts (Eastern Aero Marine (EAM) 

Model T9, P/N R0103A121), hereinafter referred to as a f9 life raft. 

SSI agrees that FAR 25.1415 is valid and requires the use of approved life rafts on it's 747 Supertanker. 

However, SSI's position is that neither of these regulations require a specific TSO life raft, but simply 

state that the life rafts must be approved. There are many examples in the FARs where specific TSOs are 

called out for various items of required equipment. Life rafts are not one of these cases. Life rafts used 

on transport aircraft could be covered by TSO CI2, C69, or C70, or by any other specification approved 

by the FAA. 

SSI also agrees that TSO C70a, Appendix 1, Scope, states: 

"TYPE I - For use in any category aircraft. 

TYPE II - For use in non-transport category aircraft." 

However, SSI's secondary position is that this statement in TSO C70a is not the only factor to be 

considered. Specific intended use must also be considered. There are numerous cases on a 747 freighter 

where special consideration is given to the fact that only crewmembers and "supernumeraries" are 

carried. While FAR Part 25 does not specifically mention "supernumeraries", there is long history of the 

FAA considering these unique personnel during rulemaking and certification approvals. The history of 

specific FAA approval of the use of the T9 life raft is evidence of this consideration. 

The SSI Supertanker aircraft listed in Table 1 above was previously operated by SSI's sister company. 

Evergreen International Airlines (EIA) in freighter service. EIA has used the T9 life raft for almost 20 

years with full FAA knowledge and approval. In the Ref B Airworthiness Directive, the FAA 

acknowledged the common usage of the T9 life raft. The FAA did not deem the use of this life raft a 

safety concern, but simply required a lanyard no different than for TSO C70a Type I life rafts. This AD 

required compliance with EAM SB T9-25-1 on life rafts used on the 747 upper deck, with which EIA has 

complied. Had the use of the T9 life raft been deemed a safety or compliance concern during this FAA 

rulemaking process, the AD would have prohibited T9 use on 747 freighters. 

The Ref C STC was used to convert EIA's retired transport category aircraft N477EV and N478EV from 

passenger to freighter by Boeing. This STC installed life rafts per the Ref D drawing on these aircraft. 

Please note that the life raft is listed as "EAMT9-121". This is the model number for our life raft P/N 

R0103A121. The "EAM" refers to Eastern Aero Marine; the "T9" is the basic life raft model; and the 

"121" identifies the FAR part 121 kit included in the life raft. Refs E and F are essentially the same, but 

are effective to aircraft N485EV. 

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In both cases, these STCs were reviewed and approved by the FAA for use of the T9 life rafts on 747 

freighters. These life rafts are included in the certification data of these aircraft and are therefore 

approved as required by FAR 25.1415 as part of the type design. 

Ref G is an EIA STC allowing the carriage of grooms on the main deck of a properly equipped 747 

freighter aircraft. As part of this STC, a palletized groom station was constructed and approved as part 

of the required equipment. This palletized groom station is defined by the Ref H drawing. This drawing 

calls out the use of life raft P/N RO103-105 or R0103A105. These are the same as life raft P/N 

R0103A121, except they do not have lanyard modification described in Ref B. This is because these life 

rafts are_ intended to be used from the main deck (door 5L or 5R) and therefore the lanyard length is not 

the safety concern it would be if used on the upper deck. 

This groom station STC package was given extremely close scrutiny by the FAA Seattle ACO at the time 

of submittal because it was the first 747 STC to specifically allow the carriage of grooms in the main 

deck cargo compartment. Life raft information was submitted with the data package and the approval 

was granted. Therefore, as was the case in the other STCs discussed, the T9 life raft was included in the 

certification data of this STC. This meets the FAR 25.1415 requirement for the life raft to be approved 

as part of the type design. 

The above discussion provides four completely separate occasions where FAA ACOs have specifically 

approved the use of the T9 life rafts for use on 747 freighters. These approvals constitute part of the type 

design for these aircraft. If the FAA deems the use of these life rafts to be a safety concern, SSI would 

expect the FAA to issue new rulemaking and invite public comment, as is the long-standing normal 

process used by the FAA in safety-related matters. 

Further, the four cases discussed above clearly demonstrate that the historical, or defacto, policy of the 

FAA regarding the T9 life raft is that it is approved for use on 747 freighters. Three separate STC 

projects, involving two ACOs, and an AD rulemaking process reviewed and specifically approved the 

use of T9 life rafts on 747 freighters. The Transport Directorate in Seattle defines transport aircraft 

certification policy and their demonstrated policy, for at least the last 20 years, has been to approve the 

T9 life raft for use on 747 freighters. This demonstrated FAA policy of approval of the T9 life raft is 

contrary to the new supposed national policy described in Ref A, issued by the Flight Standards Service. 

A review of the FAA website for the Flight Standards Service shows their mission to be: 

"The Flight Standards Service promotes safe air transportation by setting the standards for certification 

and oversight of airmen, air operators, air agencies, and designees. We also promote safety of flight of 

civil aircraft and air commerce by: 

* Accomplishing certification, inspection, surveillance, investigation, and enforcement 

* Setting regulations and standards 

* Managing the system for registration of civil aircraft and all airmen records " 

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In contrast, a review of the FAA website for Aircraft Certification Service shows their mission to be: 

"The Aircraft Certification Service of the FjiA is the office responsible for: 

* Administering safety standards governing the design, production, and airworthiness of civil 

aeronautical products; 

* Overseeing design, production, and airworthiness certification programs to ensure compliance with 

prescribed safety standards; 

* Providing a safety performance management systeiH to ensure continued operational safety of 

aircraft; and, 

* Working with aviation authorities, manufacturers, and other stakeholders to help them successfully 

improve the safety of the international air transportation system. " 

The Ref A policy letter appears to skirt the normal rulemaking process used by the FAA and does not 

appear to be in compliance with the mission statement for the Flight Standards Service. 

SSI strongly objects to being compelled to remove the T9 life rafts from our 747 Supertanker at the 

present time for the following reasons: 

1. There has been no unsafe condition identified for T9 life raft usage on the 747 freighter/Supertanker; 

2. There has been no out-of-compliance condition identified for T9 life raft usage on the 747 

freighter/Supertanker; 

3. There has been no certification rulemaking prohibiting T9 life raft usage on the 747 

freighter/Supertanker per Part 39; 

4. There has been no opportunity for public comment that the aforementioned rulemaking process 

would normally provide; 

5. Replacement of the T9 life rafts in our 747 freighter fleet would be a significant economic burden to 

SSI, yet the FAA has not performed an economic cost-benefit evaluation that would be part of the 

normal rulemaking process; 

6. While removal and replacement of the T9 life raft would satisfy the Ref A letter, it runs contrary to 

the actual certification policy issued by the Transport Directorate as evidenced by numerous 

previously approved certification projects that contained installation of the T9 life raft. 

SSI is committed to aircraft safety. SSI has never had any reported in-service, or shop, issues reported 

that would suggest this life raft is unsafe or incapable of performing it's intended function. 

Not withstanding all of the above discussion, SSI has been compelled by FAA Flight Standards, through 

it's CMO, to petition for exemption from Section 25.1415(b). 

Safety: 

SSI believes that the level of safety will not be compromised if SSI is allowed to operate the listed 

aircraft with TSO C70A Type II life rafts in lieu of the Type I life rafts for the period requested. 

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SSI believes that EAM P/N R0103A121 life rafts, with incorporation of the modification described in 

Airworthiness Directive 92-14-02, when installed in the 747 Supertanker, will perform their intended 

function. SSI therefore does not believe that the installation of the EAM P/N R0103A121 life rafts on 

Model 747 series airplanes operated as Supertankers, certificated in any category constitutes a safety 

issue. 

This is supported by the fact that the FAA has not published a finding of an unsafe condition associated 

with the use of the T9 life raft. 

Projected usage during the requested exemption period of 100 days represents very limited exposure on a 

fleet with an exceptional safety record. Usage shall be limited to the aircraft listed in Table 1. 

Economic Hardship: 

A cessation of extended overwater operation due to a Type II life raft restriction on the listed aircraft 

would have an immediate impact on both SSI and it's customers. Flights may have to be cancelled, rerouted (at great expense and inconvenience to our customers) or operated with more expensive 

equipment (if available). SSI respectfully requests that an exemption be granted until October 1, 2010 by 

which time the new life rafts will be installed. SSI further requests that this exemption be approved on an 

expedited basis to minimize impact on currently planned flights. 

Public Comment: 

SSI requests that the FAA not post it's Petition for Exemption on the Federal Register for public 

comment in the normal fashion as the request is virtually identical to Exemptions 9856, 9874, and 9976 

granted for other airlines; and due to the fact that the normal comment period would have adverse effects 

on SSI should it be forced to cancel currently planned flights. 

Use Outside of the United States: 

SSI requests the petition for exemption be approved for use outside of the United States (US) as a portion 

of it's flight activity may take place beyond US borders. 

Regards, 

zJLeii (x. G)teC<Mia 

Neil Stevens 

Director of Maintenance 

Supertanker Services, Inc. 

520-682-4181x5453 

neil.stevens(^evergreenaviation.com 

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