October 23, 2012

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590

Attention Transport Airplane Directorate

RE: Request for Exemption from FARs for Combi Aircraft

To Whom It May Concern,

Air Transport International Inc. (ATI) seeks exemption from certain Federal 

Aviation Regulations (FAR’s) pursuant to 14 CFR Part 11. Specifically, ATI seeks 

an exemption from §121.313(f) of title 14, Code of Federal Regulations, to allow 

operation of 757 aircraft configured for combined cargo and passenger carriage 

(commonly known as “combi” aircraft) where the pilot compartment and the 

passenger compartment are not contiguous but separated by a class C cargo 

compartment. 

The petitioner requests relief from the following regulations:

§121.313(f) Amendment 121-353, requires there to be “a door between the 

passenger and pilot compartments (i.e., flightdeck door), with a locking means to 

prevent passengers from opening it without the pilot's permission”. The exemption 

from §121.313(f) is necessary because the passenger compartment and the pilot 

compartment are widely separated by a class C cargo compartment on 757 combi 

aircraft. No door is possible directly between the pilot compartment and the 

passenger compartment. In addition no personnel entry is allowed into the class C

compartment inflight, by aircraft type certificate limitations.
Related regulations:

§121.313(j)(1)(i) Amendment 121-353, requires that flightdeck doors meet the 

rquirements of §25.795(a)(1) and §25.795(a)(2).

§121.313(j)(1)(ii) Amendment 121-353, Requires the operator to establish methods 

to enable a flight attendant to enter the pilot compartment in the event that a 

flightcrew member becomes incapacitated.

§121.582 Amendment 121-353, requires a “Means to discreetly notify a flightcrew.”

§121.583 Amendment 121-96, concerns “Carriage of persons without compliance 

with the passenger-carrying requirements of this part.”

§121.584 Amendment 121-334, outlines “Requirement to view the area outside the 

flightdeck door.”

§121.587 No amendment Number, to ensure “Closing and locking of flightcrew 

compartment door.”

§25.795(a)(1) Amendment 25-127, requires that the “boundary separating the 

flightcrew compartment from occupied areas” must meet certain minimum forcible 

intrusion requirements.

§25.795(a)(2) Amendment 25-127, requires that the “boundary separating the 

flightcrew compartment from any occupied areas” must meet certain minimum 

“tensile load” requirements on “accessible handholds”.

The petitioner supports its request with the following information:

Supplemental Type Certificates for modification of Boeing 757-200 aircraft to a 

combi configuration have a class C main deck cargo compartment separating the 

pilot compartment and the passenger compartment. Because the class C 

compartment is over 70 feet in length, tightly packed with containers or palletized 

cargo, and not enterable inflight by AFM limitation, no door between the passenger 

compartment and the pilot compartment is possible. With regard to this petition, 

ATI wishes to operate 757-200 aircraft converted to combi configuration in support 

of US Department of Defense worldwide operations. The interest of the petitioner is 

in providing a level of safety and security for the crew, passengers and cargo that 
will allow operation of converted 757 combi aircraft to meet the needs of ATI’s 

operations and clientele.

To meet the security requirements implicit in §121.313(f), §121.313(j), and 

§25.795(a) each combi aircraft operated by ATI will have multiple barriers between 

the pilot compartment and the passenger compartment at least one of which will be 

certified to the requirements of §25.795(a)(1) and §25.795(a)(2).

The flight attendant assistance requirements of §121.313(j)(1)(ii) are not possible in 

the Combi aircraft for which this exemption is requested. ATI will maintain 

equivalent safety by requiring that for all revenue operations where passengers are 

carried, there will be at least three ATI personnel in the cockpit or adjacent 

compartment. These personnel will consist of two required flight crew and one or 

more personnel allowed under §121.583. The cockpit or adjacent compartment will 

be equipped with emergency medical equipment in accordance with §121.803 and at 

all times during revenue operations with passengers, at least one of the nonflightcrew personnel will be trained in the use of the emergency medical equipment 

per the requirements of §121.805.

§121.582 compliance will be maintained procedurally using multiple redundant 

communication systems between the passenger compartment and the pilot 

compartment. This is the same method used on passenger aircraft.

§121.587 compliance is either not applicable or will be maintained. No currently 

available combi has a door that can be opened from the passenger side of the smoke 

barrier between the class C compartment and the passenger compartment. Normal 

traffic is then not possible. However one of the two configurations available to ATI 

has the 25.795 barrier at the pilot compartment bulkhead as in a passenger aircraft. 

In that configuration the smoke barrier between the passenger compartment and the 

cargo compartment has no door but is not secure. On those aircraft the existing 

25.795 barrier will be locked inflight. §121.584 compliance will be provided and 

maintained. The other configuration has a 25.795 barrier between the passenger 

compartment and the class C cargo compartment. The door in that barrier must be 

closed inflight, and has no provisions for opening from the passenger side, so 

neither§121.587 or§121.584 is applicable.

All other aircraft and operating requirements except those specifically dependent on 

the §121.313(f) requirement for a cockpit door will remain in effect.

Request for Waiver of Public Comment
ATI requests waiver of the normal public comment process since this request is 

limited in scope and intent and because the granting of this petition will not create 

new precedent.

Evaluation of Public Interest

The use of modern, fuel efficient 757 combi aircraft in support of the worldwide 

operations of the United States Department of Defense is directly in the public 

interest. Continued operation of older, less reliable, and much less fuel efficient 

DC8 combi aircraft currently supporting those operations compromises ATI’s ability 

to provide the level of service deserved by the customer, wastes non-renewable 

energy resources, and increases greenhouse gas emissions.

Petition for Exemption

Based on the information provided, Air Transport International, Inc., hereby 

petitions for exemption from the following portions of 14 CFR Part 121 for 757-200 

passenger airplanes converted to combi configuration:

• §121.313(f), Amendment 121-353

Air Transport International, Inc. respectfully requests favorable FAA consideration 

of this Petition. I can be contacted at (407) 812-1691.

Regards,

Ed Shockley

Director of Technical Services