Inthe matter ofthe petition of KALITTA CHARTERS II, LLC For an exemption from §§ 25.855(a), 25.857(e), and 25.1447(c)(1) ofTitle 14, Code ofFederal Regulations ) ) ) ) ) ) ) Regulatory Docket No. FAA-2012-1291

Petition for Modification ofExemption No. 10739 Kalitta Charters II, LLC respectfully requests a modification ofExemptionNo. 10739, issued by the Transport Airplane Directorate ofthe Federal Aviation Administration (FAA) on April 2, 2013. Although conditions specified by the FAA inthat exemption are consistent with representations made in the original exemption request, we have determined that many ofthese conditions impose a significant cost onthe carrier, are unrelated to the FAA's stated purpose behindthe underlying regulatory provision from which we originally sought an exemption, or are already adequately addressed by other FAAregulations, namely 14 C.P.R. §121.583, Carriage of persons without compliance with thepassenger-carrying requirements of thispart. Kalitta Charters II is an airline company specializing inproviding nationwide cargo services including the transportation ofblood stock (e.g., racehorses, showhorses, etc.) and, inthe past, large marine animals. 1 Some ofthese operations require the carriage of supernumeraries such as animal handlers and trainers. The company utilizes 727-200 freighters which presentlyhave no provisions for a sufficient number ofsupernumerary seats to help inthe
care ofanimals for long haul flights. The animals carried by Kalitta Charters II are very valuable and cannotbe properly insured for air transport unless there are a sufficient number ofqualified handlers onboard. Air transport is oftenthe only viable method oftransporting these valuable animals from one venue to another, particularly whenthe venue involves international travel. The FAAhas long recognized the need for supernumeraries aboard these otherwise all-cargo operations, initially characterizing them as crewmembers necessary for the safe conduct ofthe 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 ofseveral conditions imposed bythe FAA as a condition of exercising the exemption. The FAAhas stated thatthe basis for the prohibition onpassengers in
a Class E cargo compartment is the method ofcontrolling a fire inthese compartments, namely, the depressurization ofthe airplane and subsequent flight at altitudes that will not support combustion. As this is the only articulated rationale for prohibitingpassengers in Class E cargo compartments, we believe the imposition ofconditions unrelated to this risk is inappropriate and

1 Kalitta Charters II was forced to stop carrying animals for Sea Worldbecause exemption No. 10739limits carriage to horses. The FAA provided no explanation ofwhy that constraint was necessary, and we assume the constraint was imposed merely because the discussion in the exemption request was limitedto the carriage ofhorses. This business has movedto 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 ofhorse stalls and engineering authorization (EA No. 2008-01-09) that authorizes the work required to install passenger seats and emergency equipment. Given the existing authorizations under the STC and EA, we do notbelieve any additional exemptions are required.
2needlessly imposes costs onthe 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 byproviding these individuals withportable 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 orotherpersons listed in 14 C.F.R. §121.583 onthe main deck ofa 727-200 freighter in a specially designated area. The exemption from §25.1447(c) 

### (1) will ensure an equivalent level ofsafety for supernumeraries by allowing them to carry portable oxygen systems when leaving the vicinity ofthe designated seating area and using the same systems when seated. All features ofthe Class E cargo compartment required by §§25.855 and 25.857 will be retained, and we only seekrelieffrom the cargo-only limitation on Class E cargo containers. All safety requirements ofpart 25, as defined by the certificationbasis ofthe 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 ofsupernumeraries incargo aircraft is governed by §121.583. The FAA-approved Aircraft Flight Manual (AFM) contains a supplement withthe operating limitation restricting the carriage ofoccupants accommodatedbythe specially modified section ofthe aircraft to individuals authorized as supernumeraries underthat section. In addition, an FAA-approved training program has been developed to instruct all supernumeraries onthe special procedures required to assure their safety
onan aircraft not designed for the carriage ofpassengers.

3Request for Waiver ofPublic Comment The existing exemption is substantially similar to exemptions already granted to other carriers operating under similar conditions. We request waiver ofthe normal public comment process since this request would not set a precedent and delay inprocessing the petition could result in needlessly installing expensive equipment currentlyrequired as a conditionto exercising the existing exemption. Justification for Request 1. Rationale The rationale for the modified exemption is the same as inthe 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 palletpositions ofthe 727-200 freighters, and depending onthe configuration, could have up to 12 pallets. Forthis petition, the aft two pallets
are removed to accommodate handler seating, leaving 10 pallets remaining. A typical load could beup to 21 horses onthe main deck ofa 727-200, and the number ofqualified grooms is commensurate with the value and safety ofthe horses onboard. For safety reasons, the International Air Transport Association (lATA) recommends that for up to four pallets, a minimum ofone experienced groom be provided for eachpallet ofhorses. Formore than four pallets ofhorses, it is at the discretion ofthe carrier and the shipper to determine the optimum arrangement. The safe transport oflarge numbers ofhorses by air therefore requires the carriage ofa commensurate number ofqualified handlers onthe main

4 Forparticularly high value animals, such as this year's winner ofthe Kentucky Derby and Preakness Stakes, several handlers, including grooms and veterinarians, may be required for a single animal.
42. Public Interest The carriage ofan appropriate number ofanimal handlers aboard an aircraft to monitor and attend to the special requirements oflive animal cargo serves the public interest in raising the level ofsafety ofthe animals, the airplane, the flight crew, and consequently, the public in general. 3. Safety All safety requirements ofthe original type certification ofthe aircraft will be complied with as defined bythe aircraft TCDS A3WE. Any adverse effects that the exemption and the modification will cause, as well as the equivalent level ofsafety, are discussed below. 4. Adverse Effects Any potentially adverse effects are addressed bythe enhanced training required of supernumeraries and the safety procedures outlined inthe AFM to address the unique nature of the carriage ofsupernumeraries under §121.583. 5. Equivalent Level ofSafety Compliance with §121.583 already assures an acceptable level ofsafety for supernumeraries as determined bythe FAA.5 Thus, the equivalency determination should be based onthe level ofsafety anticipated in operations authorized by the FAAunderthat section rather than passenger-carrying operations generally. To the extent that part 25 standards impose aircraft certification obligations as a function ofeither modifying a passenger airplane to accommodate cargo ormodifying a freight airplane to allow for the carriage ofsupernumeraries, due notice should be taken ofthe FAA's adoption ofspecial conditions in §121.583 to assure an

5 See discussion at 35 Fed. Reg. 1053 (January 27, 1970) that the predecessorto §121.583, SR-462, excluded supernumeraries from passenger category operations "subjectto special conditions to provide an equivalent level ofsafety."
5equivalent level ofsafety. Additional representations should notbe required by, and additional special conditions should not be imposed on, applicants for an exemption ifthe 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 whichreliefis sought. No cargo, otherthan 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 ofcargo 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 bythe STC and EA,
assure that the requirements of§121.583 are met and, where not addressed bythat section, the exemption request provides a level ofsafety equivalent to other aircraft operated under §121.583. 5.1 Supernumerary Seats The supernumerary seats are fully certified to support the weight ofthe attendants, as well as any equipment, such as oxygen bottles, that will be installed onthe seats, to the maximum load factors ofthe aircraft at the FS position ofthe seats, and for the emergency landing provisions ofthe original certification basis for the aircraft, CAR4B and FAR amendment 25-15. All seats are installed in accordance withthe 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 seatbelt while seated" placard; (e) Seats are fireblocked in accordance with 14 C.F.R. §25.853; (f) Armrest in the upright position does not projectbeyond seatback inupright position
more than 0.5''; (g) "No smoking" and crew-activated "fasten seat belt" signs are visible when illuminatedto eachperson seated ininstalled seats; 

### 5.2Emergency Equipment Inproviding for a compensating level ofsafety for the main deck occupants, a fire extinguisher, CPBE, first aid kit, transmitter (ELT) and any otherrequired equipment are provided. While waived in §121.583,6 a megaphone is also provided. For emergency egress assistance, an axe is provided to assist inthe case ofajammedor stuck exit door. Emergency equipmentplacards are placed three inches above and centered above the equipment location. Life vests conformto TSO C-13. 

### 5.3Emergency Egress Passagewayto 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 ofthe Class E cargo compartment inthe 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 placedbythe aft air stair control handle and stair lighting

6 The requirement for megaphones is found at §121.309(f). 7The aft overwing exits are blockedby horse stalls and deactivated.
7will be maintained in an operable condition. Stairs are coated with anti-skid paint, as required. The forward overwing and forward exits will be accessible inthe eventthe gear is up and the forward exits will be equipped with a rope for egress ifaccess to the aft air stair orforward overwing exits is impeded by fire or aircraft damage. Occupants will be trained onuse ofall exits. 

### 5.4Supplemental Oxygen Section 25.1447(c) (1) provides that oxygen must be automaticallypresented and immediately available to the occupants and thatthe quantity ofmasks must exceedthe number of seats bytenpercent. We are seeking an exemption from the requirement thatthe oxygenbe automatically presented. Seated occupants will be provided with self-contained, portable oxygen bottles withprotective breathing masks under each seat. Two additional, wall-mounted units will also be available. The portable oxygen bottles will be carried bythe supernumeraries wheneverthey are not in the vicinity ofthe seats. We have incorporated a requirement into our operations manual that the portable oxygenmasks be carried by supernumeraries whenever they
are not seated consistent with our obligationto provide for the safe carriage ofsupernumeraries in§121.583. The portable oxygen bottles with masks stowed under the seats and two additional bottle/mask combinations stowed onthe wall meetthe requirements of§25.1447(c)(l)thatthe number ofoxygen units exceed the number ofseats 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 oxygenbottles to the lavatory. We believe the purpose behind requiring a second oxygen source inthe lavatory is to provide oxygen

8 While not referenced in Exemption No. 10739, SFARNo. 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 passengerrequire help. Since all occupants will be trained on the
use ofthe portable oxygenbottles, we do notbelieve a second source ofoxygen in the lavatory should be needed after September 10, 2015 when SFARNo. 111 expires. Priorto beginning each flight, occupants will be trained onthe need to don portable oxygenmasks when notified. Since the same animal handlers are used onmost ofthe flights, this training should be particularly effective. 5.5 LightedReturn to SeatSigns Flight crew-activated "return to seat" signs are provided along the length ofthe aircraft to address potential turbulence or sudden changes in altitude. 5.6 FlightDeck Communications A standard aircraft public address (PA) system is installed to meetthe requirements of §25.1423. The PA system is audible from anywhere within the aircraft. The PA system maybe activated from eitherthe flight deck orthe supernumerary seating area. 5. 7FlightPhone Two-way communication from the supernumerary seating areato the flight deck will be provided bymeans ofa flight phone installed withinreach ofat least one ofthe handlers when seated. 5.8AircraftDecompression The existing exemptionrequires the installation ofan audible and visual alert system to
warn ofaircraft decompression. While not objecting to retention ofthe 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, webelieve that a better solution is to provide for enhanced communication betweenthe flightcrew and the supernumeraries. The

9public address system and flight phone and the presence ofsupernumeraries who can report the presence ofsmoke inthe cargo compartment further improves the overall safety ofthe flight and allows for coordination among the flightcrew and supernumeraries to address any risk associated with fire, including the appropriate use offire extinguishers before initiating a decompression.9 Should a decompression occur, either as the result ofa fire exhaustion measure orotherwise, the flightcrew will be able to relay that information to all occupants inthe cargo compartment and advise them to return to their seats and don their oxygen masks ifalready seated. Supernumeraries will be trained to monitor for the effects ofgradual decompression so that they
can notify the flightcrew and don oxygen masks ifnecessary. 5.9Placards 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 5.10AFMSupplement The FAA approved AFM will be supplemented to contain operating limitations restricting the carriage ofoccupants to supernumeraries authorized under§121.583, as well as

9 We recognize that the flightcrew would be notified within one minute ofthe fire detection system detecting a fire, and that in the event ofa fire the flow ofair into or within the Class E compartment is to be shut off, with subsequent measures taken to minimize the amount ofoxygen available in the event ofa 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 extinguisherratherthan any risk inherent in the type ofcargo carried in a Class E container when the carriage ofsupernumeraries is authorized. See general discussion ofthe classes ofcargo containers in final rule, request for comments, RevisedStandards for Cargo orBaggage Compartments in Transport CategoryAirplanes, 63 Fed. Reg. 8032, 8033 (February 17, 1998).
10the training required for the safe carriage ofthese individuals. Provisions for supplementing the AFM are governed by §121.583(d). 

### 5.11 FAA Approved Training Plan An FAA-approved training planwill be provided that instructs supernumeraries, including animal handlers, onthe prohibition against smoking; use ofseat belts; location and operation ofexits (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 ofthe location and operation oflife rafts and life preservers, including a demonstration ofdonning and inflating life preservers. Relief Kalitta Charters II requests that exemptionNo. 10739 be amended to include onlythe following limitations: 

### I. Supernumeraries Supplemental oxygen Locations and Use: A supplemental oxygen equipmentunit with a mask connected to it must be located so each occupant canput onthe mask and activate oxygen flow while seated and while moving about the main deck Class E cargo compartment when not inthe vicinity ofthe seats. 

### 2. Design Requirements for Supernumeraries Supplemental Oxygen
a. The oxygen units must provide an indication to the user when the oxygen is flowing.

11b. The oxygen units mustbe sized adequately for continuous and uninterrupted
use during worst-case flight duration following decompression, or must be ofsufficient duration to allow the supernumerary to return to his orher seat where oxygen for the remainder ofthe 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 orher seat following a rapid decompression to 25,000 feet cabin altitude. d. One acceptable means ofcompliance is the use ofa continuous flow passenger oxygen maskthat 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 ofat least 4 liters perminute NTPD (normal temperature and pressure dry) at a cabin altitude of23,000 feet. Ifthe petitioner uses this means ofcompliance 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. DecompressionAlert An automatically activated aural and visual decompression alert must be provided and immediately recognizable throughout the main deck Class E cargo compartmentto 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 inthe sound ofthe alert, the meaning ofthe alert, and the response to the alert (i.e., procedures for donning the mask and activating the flow ofoxygen). 

### 4. Training requirementsfor Supernumeraries Supplemental Oxygen

12The supernumeraries mustbe trained inthe use ofoxygen units and to secure them when they occupytheir 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 orher seat (e.g., tending to live animals, using the lavatory, etc.). 

### 5. Placards Placard(s) are to be located inside and outside ofthe cargo compartment in a conspicuous location, either on or adjacent to both sides ofthe smoke barrier door. The placard(s) must indicate the following:
• The smoke barrier must be secured (i.e., the door mustbe closed).
• Smoking is not allowed within the cargo compartment. The pre-flight briefing must inform supernumeraries ofthese requirements. 

### 6. PublicAddress System A public address (PA) system mustbe installed. Itmust be audible throughout the occupiable compartments ofthe 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 ofat least one ofthe supernumeraries at his/her seat. This system must be independent ofthe PA 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.

13Kalitta 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 inplace 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 priorto each flight onthe use ofexits, 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 maybe on board while travelling to or from their assignments without the cargo authorized in§ 121.583 provided no other cargo is being carried onthe main deck (addressed by §121.583(a) (5)).
• Provisionthat the operator must determine that each supernumerary is physically able and trained to accomplish the necessary emergencyprocedures (addressed by §121.583(d)).
• Limitation onthe number ofsupernumeraries who may occupy the aft portion ofthe main deck Class E cargo compartment (§121.583(b)(3) already limits the number of supernumeraries to the number ofapproved seats (in this instance those complying with TSO C39) and equipped with approve seatbelts (in this instance those complying with TSO C-22)). 10

10 As with the limitation on the type ofcargo 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 ofeach occupant, we do not believe there is a need to restrict the number ofoccupants. That number will necessarily be limited bythe 14Finally, 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 ofescape slides at doors 2L and 2R;
• Limitation onthe types ofsupernumeraries otherwise authorized by §121.583.

Respectfully submitted,

Bob Koski Director ofQuality Control Kalitta Charters II 843 Willow Run Airport Ypsilanti, MI 48198 (734)985-2622

(Continued
...) May 27,2014

number ofavailable seats and the economic disincentive for the shipper to pay for more supernumeraries than required for the care ofthe animals on boardthe aircraft.
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