In the matter of the petition of 

KALITTA CHARTERS II, LLC 

For an exemption from §§ 25.855(a), 

25.857(e), and 25.1447(c)(1) ofTitle 14, 

Code of Federal Regulations 

) 

) 

) 

) 

) 

) 

) 

Regulatory Docket No. F AA-2012-1291 

Petition for Modification of Exemption No. 10739 

Kalitta Charters II, LLC respectfully requests a modification of Exemption No. 10739, 

issued by the Transport Airplane Directorate of the Federal Aviation Administration (FAA) on 

April 2, 2013. Although conditions specified by the FAA in that exemption are consistent with 

representations made in the original exemption request, we have determined that many of these 

conditions impose a significant cost on the carrier, are unrelated to the FAA's stated purpose 

behind the underlying regulatory provision from which we originally sought an exemption, or are 

already adequately addressed by other FAA regulations, namely 14 C.P.R. § 121.583, Carriage of 

persons without compliance with the passenger-carrying requirements of this part. 

Kalitta Charters II is an airline company specializing in providing nationwide cargo 

services including the transportation of blood stock (e.g., racehorses, show horses, etc.) and, in 
the past, large marine animals. 1 Some of these operations require the carriage of 

supernumeraries such as animal handlers and trainers. The company utilizes 727-200 freighters 

which presently have no provisions for a sufficient number of supernumerary seats to help in the 

care of animals for long haul flights. 

The animals carried by Kalitta Charters II are very valuable and cannot be properly 

insured for air transport unless there are a sufficient number of qualified handlers on board. Air 

transport is often the only viable method of transporting these valuable animals from one venue 

to another, particularly when the venue involves international travel. The FAA has long 

recognized the need for supernumeraries aboard these otherwise all-cargo operations, initially 

characterizing them as crew members necessary for the safe conduct of the flight. 2 

Our original petition for exemption requested an exemption from 14 C.F.R. §§25.855(a), 

25.857(e) and 25.1447(c) (1). 3 This petition retains the request for an exemption from these 

provisions, but seeks the elimination of several conditions imposed by the FAA as a condition of 

exercising the exemption. The FAA has stated that the basis for the prohibition on passengers in 

a Class E cargo compartment is the method of controlling a fire in these compartments, namely, 

the depressurization of the airplane and subsequent flight at altitudes that will not support 

combustion. As this is the only articulated rationale for prohibiting passengers in Class E cargo 

compartments, we believe the imposition of conditions unrelated to this risk is inappropriate and 

1 Kalitta Charters II was forced to stop carrying animals for Sea World because exemption No. 10739limits 

carriage to horses. The FAA provided no explanation of why that constraint was necessary, and we assume the 

constraint was imposed merely because the discussion in the exemption request was limited to the carriage of horses. 

This business has moved to other carriers who are not similarly constrained. 

2 See discussion in 35 Fed. Reg. 1053 (January 27, 1970). 

3 We note that we already possess a supplemental type certificate (STC No. SA1076NE) that covers the 

installation of horse stalls and engineering authorization (EA No. 2008-0 1-09) that authorizes the work required to 

install passenger seats and emergency equipment. Given the existing authorizations under the STC and EA, we do 

not believe any additional exemptions are required. 

2 
needlessly imposes costs on the carrier. The request for an exemption from §25.1447(c)(l) 

recognizes that supernumeraries responsible for caring for cargo during flight may be required to 

spend some time during the flight away from their designated seating position and safety is best 

served by providing these individuals with portable oxygen systems that can be used either at or 

away from the designated seats. 

The exemption from §§25.855(a) and 25.857(e) will allow for the accommodation of 

animal handlers or other persons listed in 14 C.F.R. §121.583 on the main deck of a 727-200 

freighter in a specially designated area. The exemption from §25.1447(c) (1) will ensure an 

equivalent level of safety for supernumeraries by allowing them to carry portable oxygen 

systems when leaving the vicinity of the designated seating area and using the same systems 

when seated. 

All features of the Class E cargo compartment required by §§25.855 and 25.857 will be 

retained, and we only seek relief from the cargo-only limitation on Class E cargo containers. All 

safety requirements of part 25, as defined by the certification basis of the airplane in Type 

Certificate Data Sheet (TCDS) 4A25 as modified by STC SA1076NE and EA 2008-01-09, will 

be complied with. 

We recognize that the operating requirements related to the carriage of supernumeraries 

in cargo aircraft is governed by §121.583. The FAA-approved Aircraft Flight Manual (AFM) 

contains a supplement with the operating limitation restricting the carriage of occupants 

accommodated by the specially modified section of the aircraft to individuals authorized as 

supernumeraries under that section. In addition, an FAA-approved training program has been 

developed to instruct all supernumeraries on the special procedures required to assure their safety 

on an aircraft not designed for the carriage of passengers. 

3 
Request for Waiver of Public Comment 

The existing exemption is substantially similar to exemptions already granted to other 

carriers operating under similar conditions. We request waiver of the normal public comment 

process since this request would not set a precedent and delay in processing the petition could 

result in needlessly installing expensive equipment currently required as a condition to exercising 

the existing exemption. 

Justification for Request 

1. Rationale 

The rationale for the modified exemption is the same as in the original petition. Horses 

are usually transported in shipping containers that can carry as many as four horses each. The 

containers are designed to fit into the existing pallet positions of the 727-200 freighters, and 

depending on the configuration, could have up to 12 pallets. For this petition, the aft two pallets 

are removed to accommodate handler seating, leaving 10 pallets remaining. A typical load could 

be up to 21 horses on the main deck of a 727-200, and the number of qualified grooms is 

commensurate with the value and safety of the horses on board. 

For safety reasons, the International Air Transport Association (lATA) recommends that 

for up to four pallets, a minimum of one experienced groom be provided for each pallet of horses. 

For more than four pallets of horses, it is at the discretion of the carrier and the shipper to 

determine the optimum arrangement. The safe transport of large numbers of horses by air 

therefore requires the carriage of a commensurate number of qualified handlers on the main 

4 For particularly high value animals, such as this year's winner of the Kentucky Derby and Preakness 

Stakes, several handlers, including grooms and veterinarians, may be required for a single animal. 

4 
2. Public Interest 

The carriage of an appropriate number of animal handlers aboard an aircraft to monitor 

and attend to the special requirements of live animal cargo serves the public interest in raising 

the level of safety of the animals, the airplane, the flight crew, and consequently, the public in 

general. 

3. Safety 

All safety requirements of the original type certification of the aircraft will be complied 

with as defined by the aircraft TCDS A3WE. Any adverse effects that the exemption and the 

modification will cause, as well as the equivalent level of safety, are discussed below. 

4. Adverse Effects 

Any potentially adverse effects are addressed by the enhanced training required of 

supernumeraries and the safety procedures outlined in the AFM to address the unique nature of 

the carriage of supernumeraries under §121.583. 

5. Equivalent Level of Safety 

Compliance with § 121.5 83 already assures an acceptable level of safety for 

supernumeraries as determined by the FAA. 5 Thus, the equivalency determination should be 

based on the level of safety anticipated in operations authorized by the FAA under that section 

rather than passenger-carrying operations generally. To the extent that part 25 standards impose 

aircraft certification obligations as a function of either modifying a passenger airplane to 

accommodate cargo or modifying a freight airplane to allow for the carriage of supernumeraries, 

due notice should be taken ofthe FAA's adoption of special conditions in §121.583 to assure an 

5 See discussion at 35 Fed. Reg. 1053 (January 27, 1970) that the predecessor to §121.583, SR-462, 

excluded supernumeraries from passenger category operations "subject to special conditions to provide an 

equivalent level of safety." 

5 
equivalent level of safety. Additional representations should not be required by, and additional 

special conditions should not be imposed on, applicants for an exemption if the agency has 

already determined in §121.583 that the corresponding operating requirement is waived subject 

to any special conditions articulated in that section. Matters not addressed by §121.583 would 

reasonably be subject to special conditions that assure equivalency to the specific aircraft 

certification standard from which relief is sought. 

No cargo, other than that authorized by §121.583 will be carried when supernumeraries 

are aboard the aircraft. As contemplated by §121.583(a) (5), it is anticipated that 

supernumeraries necessary for the safe or secure handling of cargo would be able to travel to or 

from their assignments in an otherwise empty cargo hold. 

The following features describe how the aircraft design, as modified by the STC and EA, 

assure that the requirements of§ 121.583 are met and, where not addressed by that section, the 

exemption request provides a level of safety equivalent to other aircraft operated under §121.583. 

5.1 Supernumerary Seats 

The supernumerary seats are fully certified to support the weight of the attendants, as 

well as any equipment, such as oxygen bottles, that will be installed on the seats, to the 

maximum load factors of the aircraft at the FS position of the seats, and for the emergency 

landing provisions of the original certification basis for the aircraft, CAR 4 B and FAR 

amendment 25-15. All seats are installed in accordance with the B727 AMM and meet the 

following requirements which comply with the special conditions provided in §121.583(b) (2) 

and (3): 

6 

(a) Aisle widths meet the requirements of 14 C.F.R. §815; 

(b) All installed seats conform to TSO C39; 
(c) Seat belts conform to TSO C-22; 

(d) Seatbacks and bulkheads have "fasten seat belt while seated" placard; 

(e) Seats are fireblocked in accordance with 14 C.F.R. §25.853; 

(f) Armrest in the upright position does not project beyond seatback in upright position 

more than 0.5''; 

(g) "No smoking" and crew-activated "fasten seat belt" signs are visible when 

illuminated to each person seated in installed seats; 

5. 2 Emergency Equipment 

In providing for a compensating level of safety for the main deck occupants, a fire 

extinguisher, CPBE, first aid kit, transmitter (ELT) and any other required equipment are 

provided. While waived in §121.583,6 a megaphone is also provided. For emergency egress 

assistance, an axe is provided to assist in the case of a jammed or stuck exit door. Emergency 

equipment placards are placed three inches above and centered above the equipment location. 

Life vests conform to TSO C-13. 

5. 3 Emergency Egress 

Passageway to all Type I and Type II exits are at least 20". In compliance with 

§121.583(b)(l), the aft air stairs (ventral stair), the forward overwing and forward exits (IL and 

IR) will provide ready and unobstructed access to all occupants of the Class E cargo 

compartment in the event an evacuation is necessary. 7 The aft air stairs is the normal means of 

ingress and egress for the supernumeraries and they will be accustomed to its placement and use. 

The aft air stair operation placard is placed by the aft air stair control handle and stair lighting 

6 The requirement for megaphones is found at § 121.309(f). 

7 The aft overwing exits are blocked by horse stalls and deactivated. 

7 
will be maintained in an operable condition. Stairs are coated with anti-skid paint, as required. 

The forward overwing and forward exits will be accessible in the event the gear is up and the 

forward exits will be equipped with a rope for egress if access to the aft air stair or forward 

overwing exits is impeded by fire or aircraft damage. Occupants will be trained on use of all 

exits. 

5. 4 Supplemental Oxygen 

Section 25.1447(c) (1) provides that oxygen must be automatically presented and 

immediately available to the occupants and that the quantity of masks must exceed the number of 

seats by ten percent. We are seeking an exemption from the requirement that the oxygen be 

automatically presented. Seated occupants will be provided with self-contained, portable oxygen 

bottles with protective breathing masks under each seat. Two additional, wall-mounted units 

will also be available. The portable oxygen bottles will be carried by the supernumeraries 

whenever they are not in the vicinity of the seats. We have incorporated a requirement into our 

operations manual that the portable oxygen masks be carried by supernumeraries whenever they 

are not seated consistent with our obligation to provide for the safe carriage of supernumeraries 

in§ 121.583. The portable oxygen bottles with masks stowed under the seats and two additional 

bottle/mask combinations stowed on the wall meet the requirements of §25.1447(c)(l) that the 

number of oxygen units exceed the number of seats by at least 10 percent. The requirement in 

that section related to lavatory oxygen has effectively been waived until September 10, 2015, 8 

but supernumeraries would be required to carry the portable oxygen bottles to the lavatory. We 

believe the purpose behind requiring a second oxygen source in the lavatory is to provide oxygen 

8 While not referenced in Exemption No. 10739, SFAR No. Ill, codified at 14 C.F.R. §§25.1801 and 

121.1500 already waives the requirement for lavatory oxygen systems until September 10,2015. 

8 
-----------------------------------------------

to a flight attendant should a passenger require help. Since all occupants will be trained on the 

use of the portable oxygen bottles, we do not believe a second source of oxygen in the lavatory 

should be needed after September 10, 2015 when SF AR No. 111 expires. Prior to beginning 

each flight, occupants will be trained on the need to don portable oxygen masks when notified. 

Since the same animal handlers are used on most of the flights, this training should be 

particularly effective. 

5. 5 Lighted Return to Seat Signs 

Flight crew-activated "return to seat" signs are provided along the length of the aircraft to 

address potential turbulence or sudden changes in altitude. 

5. 6 Flight Deck Communications 

A standard aircraft public address (PA) system is installed to meet the requirements of 

§25.1423. The PA system is audible from anywhere within the aircraft. The PA system may be 

activated from either the flight deck or the supernumerary seating area. 

5. 7 Flight Phone 

Two-way communication from the supernumerary seating area to the flight deck will be 

provided by means of a flight phone installed within reach of at least one of the handlers when 

seated. 

5. 8 Aircraft Decompression 

The existing exemption requires the installation of an audible and visual alert system to 

warn of aircraft decompression. While not objecting to retention of the provision since it clearly 

relates to the fire suppression system approved for the aircraft and therefore the underlying 

regulatory provision from which we are seeking relief, we believe that a better solution is to 

provide for enhanced communication between the flightcrew and the supernumeraries. The 

9 
public address system and flight phone and the presence of supernumeraries who can report the 

presence of smoke in the cargo compartment further improves the overall safety of the flight and 

allows for coordination among the flightcrew and supernumeraries to address any risk associated 

with fire, including the appropriate use of fire extinguishers before initiating a decompression.9 

Should a decompression occur, either as the result of a fire exhaustion measure or otherwise, the 

flightcrew will be able to relay that information to all occupants in the cargo compartment and 

advise them to return to their seats and don their oxygen masks if already seated. 

Supernumeraries will be trained to monitor for the effects of gradual decompression so that they 

can notify the flightcrew and don oxygen masks if necessary. 

5.9 Placards 

As described above, the following placards will be provided: 

(a) No smoking signs 

(b) Door operating instructions 

(c) Return to seat signs 

(d) External door exit marking 

5.10 AFM Supplement 

The FAA approved AFM will be supplemented to contain operating limitations 

restricting the carriage of occupants to supernumeraries authorized under§ 121.583, as well as 

9 We recognize that the flightcrew would be notified within one minute of the fire detection system 

detecting a fire, and that in the event of a fire the flow of air into or within the Class E compartment is to be shut off, 

with subsequent measures taken to minimize the amount of oxygen available in the event of a fire. We believe, 

however, that this requirement is based on the risk that a crew member would not be able to access burning cargo 

equipped with a hand-held fire extinguisher rather than any risk inherent in the type of cargo carried in a Class E 

container when the carriage of supernumeraries is authorized. See general discussion of the classes of cargo 

containers in final rule, request for comments, Revised Standards for Cargo or Baggage Compartments in Transport 

Category Airplanes, 63 Fed. Reg. 8032, 8033 (February 17, 1998). 

10 
the training required for the safe carriage of these individuals. Provisions for supplementing the 

AFM are governed by §121.583(d). 

5.11 FAA Approved Training Plan 

An FAA-approved training plan will be provided that instructs supernumeraries, 

including animal handlers, on the prohibition against smoking; use of seat belts; location and 

operation of exits (including instructions to inspect the ground to determine whether a safe 

landing can be achieved before using an assist means and emergency equipment); proper use of 

communication and emergency equipment, including emergency oxygen systems; and 

procedures relating to ditching and emergency evacuation. For extended overwater operations, 

supernumeraries will be apprised of the location and operation of life rafts and life preservers, 

including a demonstration of donning and inflating life preservers. 

Relief 

Kalitta Charters II requests that exemption No. 10739 be amended to include only the 

following limitations: 

I. Supernumeraries Supplemental oxygen 

Locations and Use: A supplemental oxygen equipment unit with a mask connected to it 

must be located so each occupant can put on the mask and activate oxygen flow while seated and 

while moving about the main deck Class E cargo compartment when not in the vicinity of the 

seats. 

2. Design Requirements for Supernumeraries Supplemental Oxygen 

a. The oxygen units must provide an indication to the user when the oxygen is 

flowing. 

11 
b. 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 supernumerary to return to his or her seat where oxygen for the remainder of the 

decompression is readily accessible. 

c. The portable oxygen units must meet the performance requirements of 

§25.1443(a) or (b), or the equipment must be shown to protect the supernumerary from hypoxia 

at an activity level required to return to his or her seat following a rapid decompression to 25,000 

feet cabin altitude. 

d. One acceptable means of compliance is the use of a continuous flow passenger 

oxygen mask that meets FAA TSO-C64a, or later, and is approved for use up to at least 40,000 

feet cabin altitude, and is connected to an oxygen bottle that supplies a flow rate of at least 4 

liters per minute NTPD (normal temperature and pressure dry) at a cabin altitude of23,000 feet. 

If the petitioner uses this means of compliance and the bottles have more than one setting for 

flow rate, the supernumeraries must be trained to use the 4 liters per minute NTPD setting. 

3. Decompression Alert 

An automatically activated aural and visual decompression alert must be provided and 

immediately recognizable throughout the main deck Class E cargo compartment to notify 

supernumeraries when to don oxygen masks. As a backup to the automated alert system, the 

flightcrew must be able to manually activate the 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 mask and activating the flow of oxygen). 

4. Training requirements for Supernumeraries Supplemental Oxygen 

12 
The supernumeraries must be trained in the use of oxygen units and to secure them when 

they occupy their seats. The supernumeraries must also be trained in making the determination 

whether oxygen is being delivered to the dispensing units. The training must identify that the 

units must be carried whenever the supernumerary leaves his or her seat (e.g., tending to live 

animals, using the lavatory, etc.). 

5. Placards 

Placard(s) are to be located inside and outside of the cargo compartment in a conspicuous 

location, either on or adjacent to both sides of the smoke barrier door. The placard(s) must 

indicate the following: 

• The smoke barrier must be secured (i.e., the door must be closed). 

• Smoking is not allowed within the cargo compartment. 

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

6. Public Address System 

A public address (PA) system must be installed. It must be audible throughout the 

occupiable compartments of the airplane, and activated from either the flight deck or from the 

supernumerary seating area. The PA system must comply with§ 25.1423 at Amendment 25-79. 

7. Interphone System 

An interphone system must be installed that provides two-way communication between 

the supernumerary seating area and the flight deck and is within reach of at least one of the 

supernumeraries at his/her seat. This system must be independent of the P A system except for 

handsets, headsets, microphones, selector switches, and signaling devices. When 

supernumeraries are carried, this seat position must be occupied for taxi, takeoff, and landing. 

13 
Kalitta Charters II believes the following conditions should be removed as unrelated to 

the exemption being sought, and in some instances otherwise addressed by§ 121.583. We note 

that we already have provisions in place that will assure these conditions are met: 

• Turbulence Alert; 

• Alerting Requirements (as applicable to required equipment); 

• Emergency equipment (fire extinguisher, first aid kit, axe for emergency exit egress, etc.); 

• Oral instructions prior to each flight on the use of exits, including instructions to inspect 

the ground to determine whether a safe landing can be achieved before using an assist 

means and emergency equipment (addressed by §121.583(c)). 

• Provision that supernumeraries may be on board while travelling to or from their 

assignments without the cargo authorized in§ 121.583 provided no other cargo is being 

carried on the main deck (addressed by §121.583(a) (5)). 

• Provision that the operator must determine that each supernumerary is physically able 

and trained to accomplish the necessary emergency procedures (addressed by 

§ 121.583( d)). 

• Limitation on the number of supernumeraries who may occupy the aft portion of the main 

deck Class E cargo compartment (§121.583(b)(3) already limits the number of 

supernumeraries to the number of approved seats (in this instance those complying with 

TSO C39) and equipped with approve seat belts (in this instance those complying with 

TSO C-22)). 10 

10 As with the limitation on the type of cargo that may be carried, Kalitta believes the restriction to 19 

occupants (16 supernumeraries and 3 flightcrew members) is based on the anticipated configuration discussed in the 

exemption request. As long as sufficient oxygen supplies are provided to assure the safety of each occupant, we do 

not believe there is a need to restrict the number of occupants. That number will necessarily be limited by the 

14 
Finally, Kalitta specifically requests that the following conditions be removed as 

otherwise addressed by§ 121.583, unduly restrictive and expensive, and potentially contrary to 

safety in an operating environment: 

• Installation of escape slides at doors 2L and 2R; 

• Limitation on the types of supernumeraries otherwise authorized by §121.583. 

Respectfully submitted, 

Bob Koski 

Director of Quality Control 

Kalitta Charters II 

843 Willow Run Airport 

Ypsilanti, MI 48198 

(734)985-2622 

(Continued ... ) 

May 27,2014 

number of available seats and the economic disincentive for the shipper to pay for more supernumeraries than 

required for the care of the animals on board the aircraft. 

15