Page 1 of 9 January 17, 2014

U.S Department of Transportation Docket Management System 400 7 th Street, SW. Room PL 401 Washington, DC 20591-0001

1. Petition for exemption from 14 CFR Sections 25.785(j) (Amdt 25-88), 25.812(e) (Amdt 25-128) and 25.857(e) (Amdt 25-93) to allow carriage of up to two (2) supernumeraries in the C rew Rest Module (CRM) which will be located on the Class E compartmen t of the 767-300F/-300BCF/-300BDSF Freighters while maintaining a main deck Class E cargo compartment.

Dear Sirs,

1. By present letter, FedEx Express petiti ons for an exemption from the cargo-only provisions of 25.857(e) (Amdt 25-93) for the Model 767-300F Freighter, to allow the carriage of up to two (2) off duty crew-members (commonly referred as supernumeraries) in the Crew Rest Modul e (CRM) which is installed in position 1 of the Class E compartment during cruisi ng and not to be occupied during taxi, takeoff and landing.

2. In addition, FedEx Express petitions for an exemption from 14 CFR Sections 25.785(j) (Amdt 25-88) “If the seat backs do not provide a firm hand hold, there must be a hand grip or rail along each aisle to enable occupants to steady themselves while using the aisl es in moderately rough air.”

3. In addition, FedEx Express petitions for an exemption from 14 CFR Sections 25.812(e) (Amdt 25-128) “that floor proxim ity emergency escape path markings must provide emergency evacu ation guidance for passengers”Page 2 of 9 A. Sections of the Federal Aviation Re gulation (FAR) that are affected:

Related Section of the FAR: Section 121.583(a) contains a listing of categories of the people who may be carri ed aboard an airplane in part 121 services without complying with the entire passenger-carrying airplane requirements of Part 121.

1. For Cargo-Only (TC Configuration):

Exemption from 14 CFR 25.857(e) requi res that when a class E cargo compartment is installed on the aircraft, th e aircraft is used for the carriage of cargo only.

2. If Access to the Cargo is Permitted (Post TC Configuration):

In addition, Exemption from 14 CFR 25.785(j) is nece ssary because firm handholds are not available inside the main deck cargo compartment and the distance between the CRM and the Rigid Cargo Ba rrier (RCB) is less than 22 inches see figure 2.

Exemption from 14 CFR 25.812(e) is nece ssary since the cargo compartment does not have floor proximity emergenc y escape path markings installed.

B. Description of Aircraft:

The 767-300F was manufactured under T ype Certificate Data Sheet (TCDS) A1NM. The 767-300BDSF (BeDek Special Freighter) was as well manufactured under TCDS A1NM as a Passenger 767-300ER series model but later modified to a Special Freighter by Israel Aero space Industries Bedek Aviation Group Supplemental Type Certificate (STC ) ST02040SE. Boeing applied for an amended Type Certificate (TC) A1NM to derivate the 767-300ER passenger model into a freighter the 767-300BCF (Boei ng Converted Freighter) All three of these models include a Class E compartment in the main deck and a flight deck consisting of a supernumerary area, forward of the 9-g barrier RCB/smoke curtain. The flight deck area can provid e a maximum of six (6) seats, of which four (4) are for the supernumeraries and two (2) are for the captain and the first officer. See figure 1.

The following previously granted exemptions are still applicable and are taken in consideration in this request: 1. Exemption 5993A for the 767-300F. 2. Exemption 9853 for the 767-300BDSF. 3. Exemption 9696A for the 767-300BCF.Figure 1: F

P a light Deck L

ge 3 of 9 ayout 767- 300F/-300 B CF/-300BD SFPage 4 of 9 The flight deck of the Model 767 Fr eighters (-300F/-300BCF/-300BDSF) is equipped with No. 2 left and right fli ght deck windows that can be open from inside previously certified as flight cr ew emergency exits under TC A1NM. The right hand window has the capability to be opened from the outside of the airplane, and its means of opening is marked on the exterior ai rplane fuselage.

Supernumeraries are trained persons and are briefed for the duty on board the aircraft. The Airplane Flight Manual c ontains the definition and the conditions under which the supernumerary persons may be carried, and provide specific instruction for preflight briefing. FedEx E xpress believes that an equivalent level of safety with the parts of the requireme nts from which relief is sought will be achieved by the design features of the CRM installation on the 767 Freighters (-300F/-300BCF/-300BDSF).

1. Crew Rest Module (CRM) Configuration:

The initial type certificate configuration address the access during flight to the cargo compartment as described per th e 767-300F flight manual for only one person. The 767-300BCF and 767-300BDSF ar e allowed to have four persons per respective exemptions and flight manuals supplements. See Exemption 9696A for the 767-300BCF and Exemption 9853 for the 767-300BDSF.

FedEx wishes to install a CRM inside th e Class E compartment in position 1D/1C for the purpose of providing a compartment for no more than two off duty crew members to rest during crui sing steady flights, not to be occupied during taxi, takeoff, and landing.

The CRM will be equipped as follows:

• A smoke detector system with individual aural warning to alert the CRM occupants will be installed. The smoke detector will be connected to the Engine Indicating & Crew Alerting System (EICAS) of the aircraft so the crew on duty in the flight deck will be alerted as well. The CRM will be located inside the Class E compartment and part 25.857(e) requires smoke detection to protect the CRM occupants and the aircraft. The equipment will be similar to the 777F system.

• Installation of Chemical Oxygen automatic drop down masks dispensing units one per bunk bed with two masks per unit simila r to the 777F which are automatically deployed in the event of a ra pid decompression or at the di scretion of the flight crew on duty in the flight deck which meet pa rt 25.1447(c)(1). This installation will be similar to the 777F system. An aural alert will also be instal led to alert the CRM occupants of a rapid decompression.

• Installation of two 4.25 cuft Portable O xygen bottle with full face masks for the occupants to be able to walk back to their flight deck seats. This will help during a decompression and/or a smoke event in the Class E compartment which will meet 25.1439(a)(b). The portable oxygen bottles meet the performance requirements of 25.1443(a) or 25.1443(b).Existin g Prop o • I n t h
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ePage 6 of 9 FedEx Express proposes several means and lim itations to address the safety of the occupants in the E-class compartment during flight:

1. Supernumeraries are prohibited from accessing the cargo areas during taxi, take-off and landing. A pre-flight brie fing must inform the supernumeraries of this requirement. 2. Prior to each flight, a flight crew member will brief each supernumerary on the use of exits, includin g instructions to inspec t the ground to determine whether a safe landing can be achieved before using an assists means, and emergency equipment. 3. Prior to each flight, a flight crew member will brief each supernumerary on the opening and closing pr ocedure of the RCB door. 4. A maximum of two (2) occupants will be allowed to enter the CRM during cruising flight. 5. Supernumerary Portable Oxygen

a. There must be at least two portabl e oxygen units with a full face mask connected to it provided for each su pernumerary allowed to enter the main deck E-Class cargo department during flight. The units must provide an indication to the user that oxygen is flowing.

b. The portable oxygen units must meet the performance requirements of 25.1443(a) or 25.1443(b), or the equipmen t must be shown to protect the supernumerary from hypoxia at an activity level required to return to his or her seat following a ra pid decompression to 25,000 feet cabin altitude.

c. The portable units must be located inside the CRM. Readily available to the CRM occupants.

d. The supernumeraries must be trained in the use of the oxygen units. The supernumeraries must also be trained in making the determination whether oxygen is being deliver ed to the dispensing units.

e. The oxygen units must be sized adequately for continuous and uninterrupted use during worst-case flight duration following smoke /decompression event, or must be of sufficient duration to allow the supernumeraries to return to their seats where additional oxygen is readily accessible for the remai nder of the smoke/decompression
event.

f. There must be Chemical Oxygen automatic drop down masks dispensing units inside the CRM.Page 7 of 9 6. A placard located in the supernumerary ar ea, in a conspicuous location either on or adjacent to the RCB smoke barri er, should indicate the following for access to the E-class cargo compartmen t. The pre-flight briefing should inform supernumeraries of these requirements:

• Access to the CRM is limited to two off duty flight crew.

7. The CRM will have a fire extinguisher that meets the requirement of 25.851.

8. In the event of a rapid de compression an aural alert will be activated to alert the CRM occupants.

9. No protective breathing equipment (PBE) will be provided since the CRM will have two portable oxygen bottles with full face mask.

10. There will be an aircraft public address system capable of providing announcements from the cockpit to the courier area in addition to an interphone system.

11. Installation of emergency li ghting in the event of a complete loss of power.

C. Requested Regulatory Relief:

The main objectives of this request fo r exemption are to permit the carriage of two off duty crewmembers on an all-frei ghter airplane and permit entry of qualified supernumeraries into the CRM inside the cargo compartment during flight for the purpose of resting. This is the reason for requesting exemption from 25.857(e). Specific sections from which exemption is sought are as follows:

Section 25.785(j): Relief is necessary b ecause firm handholds are not available inside the main deck cargo compartmen t, when access is permitted in the cargo compartment.

Section 25.812(e): Relief is necessary for floor lighting in the cargo compartment area for the door in the Cr ew Rest Module and the RCB access door are in such close proximity that floor lighting is not needed because the existing aircraft emergency lighting and the proposed CRM lighting will sufficient. In addition flight crews inside the CRM are re quired to carry flashlights.

Section 25.857(e): Relief is sought to perm it carriage of up to two (2) persons in the CRM on an all freighter airplane whic h have a CRM in position 1 of the Class E cargo compartment beyond the flight crew of two (2). The CRM will be occupied only in flight not to be occ upied during taxi, takeoff and landing.Page 8 of 9 D. Supporting Arguments:

Cargo operators need augmente d flight crew onboard the aircraft for flights longer than 8 hours. Although the aircraft have three supernumeraries seats as shown in figure 1 they are not ideal for crew rest. The installation of the CRM in the Class E compartment provides a class 1 crew re st facility which will allow FedEx to support the flight crew rest requirements.

The proposed CRM as described in para graph B of this letter will provide adequate level of safety and comply with all the FAR except for the sections that FedEx seek for exemption.

Section 25.785(j): The CRM is inside the class E compartment and the proximity of the CRM to the RCB wall/door is less than 22 inches see figur e 2. This distance is less than the average arm reach of the 5 th percentile 40-year old Japanese female which is 25.7 inches per NASA-STD-3000 Human Factor s. FedEx believes that a firm handhold is not required to transition from the CRM to the RCB door. To transition from the CRM to the flight d eck the supernumeraries inside the CRM must open the RCB access door which requires the occupants to hold and turn the door latching mechanism thus providing a fi rm hold (see photo and figure below).

Section 25.812(e): The Crew Rest Module and the RCB access door are in such close proximity that floor lighting is not needed. Once the CRM door is open the proposed CRM emergency lighting will be sufficient to illuminate the area as described in paragraph B. Once the RCB door is open a dditional illumination will be availablePage 9 of 9 from the existing aircraft emergency light ing. In addition flight crews inside the CRM will be required to carry flashlights.

The categories of the occupants for which this exemption is sought are qualified off-duty flight crew for the type of aircra ft in this case the 767 which meet all the requirements of 121.583 as well. Furtherm ore, they are instructed in the autonomous use of emergency equipment and emergency exit operation.

FedEx Express will optimize their missions if they are permitted to have the CRM installed in the Class E and allow personne l aboard the CRM during cargo flights, thus ensuring availability of rested flight crew in flight.

E. Public Interest

FedEx Express presents the argument that the granting of this exemption will be in the public interest by allo wing FedEx Express provide a Class 1 rest facility per AC 121-31A for flight longer than eight (8) hours thus reduci ng the flight crew fatigue and improving flight safety. Th e granting of this exemption will allow FedEx Express to compete with internat ional freighter operators with similar configurations. If allowed to carry supernumerary persons aboard their cargo flights, FedEx Express will be able to operate under optimal safety conditions. The reasons for these benefits are developed in the arguments above.

F. Request for Waiver of Publication:

Not required for this petition.

Best Regards,

Julio A. Berrios FedEx Express Senior Aircraft Development Advisor Aircraft Development & Acquisition Engineering 3131 Democrat Road Memphis, TN 38118 Ph: 901-224-4949 Email: jaberrios1@fedex.com

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