David M. McDonald

VP, General Counsel

August 28, 2015

U.S. Department of Transportation Docket Management System

400 7 th Street SW

Room PL 401 Washington, DC 20591-0001

Attention Transport Airplane Directorate

RE: Request For Exemption From FA Rs For 737-800 Freighter Aircraft

To Whom It May Concern,

Aeronautical Engineers, Inc. (AEI) seeks exem ption from certain Federal Aviation Regulations (FAR) pursuant to 14 CFR Part 11. Specificall y, AEI seeks an exemption from §§ 25.785(j),

25.810(a)(1), 25.812(e), 25.855(a), 25.857(e), 25.1447(c )(1), and 25.1449 of Title 14, Code of Federal Regulations, to allow the carriage of up to seven (7) non-crewmembers (commonly referred to as supernumeraries), who may be n ecessary to conduct the safe handling of cargo on Boeing 737-800 aircraft that have been convert ed from passenger-to-freighter configuration. This request is substantially similar to th e request granted to AE I converted Boeing 737 freighters in Exemption No. 9722.

The petitioner requests relief from the following regulations:

§25.785(j), Amendment 25-88, requires th ere to be a firm handgrip or rail for persons using the aisles during moderately rough flight.

§25.810(a)(1), Amendment 25-114, requires there be a self-supporting emer gency exit slide for

passengers.

§25.812(e), Amendment 25-116, requires floor proxi mity emergency escape path lighting.

§25.855(a), Amendment 25-116, requires that cargo co mpartments must meet one of the class requirements of § 25.857.

§25.857(e), Amendment 25-93, defines the attribut es of a Class E cargo compartment, and mandates that a Class E cargo compartment may not be on any airplane othe r than one utilized exclusively for the carriage of cargo.

§25.1447(c)(1), Amendment 25-116, requires, in pert inent part, that oxyg en masks must be immediately available to each seated occupant , be automatically deployed with manual backup,and exceed in number the quantity of seats by ten percent, with the extra units distributed evenly throughout the cabin.

§25.1449 requires the pilots be able to determin e there is oxygen bei ng delivered to the dispensing unit.

Related regulations:

Section 121.285 provides requirements pertaining to the carriage of cargo in passenger

compartments.

Section 121.310 requires, in pertinent part, emergency escape means in accordance with §25.809(f)(1), emergency exit markings and sign s, emergency lighting in accordance with §25.812, and passageways and accesses to emergency exits.

Section 121.317 provides requirements for “No Sm oking” and “Fasten Seat Belts” signs in accordance with § 25.791 and “No Smoking” placards in accordance with § 25.1541.

Section 121.583(a) contains a list ing of categories of the people who may be carried aboard an airplane in part 121 service without complying with all th e passenger-carrying airplane requirements of part 121.

The petitioner supports its request with the following information:

AEI holds numerous Supplemental Type Certificates for modification of transport aircraft. With regard to this petition, AEI is applying fo r STCs which allow conversion of Boeing 737-800 aircraft to a freighter with a Class E main deck cargo compartment. Over 300 Boeing aircraft have been converted by AEI to freighters. Some ope rators of AEI freighters need to be able to carry supernumeraries to assist with special cargo such a valuable cargo re quiring security and/or perishable, fragile, or live car go requiring special a ttention to ensure its safe delivery. The interest of the petitioner is in providing a level of safety for th e crew, supernumeraries, cargo and aircraft that will allow operator s of AEI converted 737 freighters to meet the needs of their

clientele.

In this case, the supernumeraries are limited to a maximum of 7 persons (plus two crew members for a total of 9 souls on board). The supe rnumeraries will occupy existing flight attendant/observer seats within or immediately aft of the flight deck as well as additional seating being added forward of the 9G smoke barrier that separates th e supernumerary area from the Class E cargo compartment.

Exemptions Being Petitioned

The exemption from §25.785(j) is necessary to allow the supernumeraries to move through the Class E compartment to care for cargo/animals and firm handholds are not available in the cargo

compartment.

The exemption from §25.810(a)(1), Amendment 25-114, requires there be a self-supporting emergency exit slide for passengers. §25.810((a)(2) provides that flight crew may utilize anescape rope for emergency egress. Similar to AEI’s STC number ST01827LA, AEI will install an emergency escape rope in the supernumerary area.

The exemption from §25.812(e) will allow trai ned supernumeraries to occupy the Class E compartment. Since the supernumeraries will be trained on emergency procedures, including emergency egress from the cargo area, the lack of additional lighting will not adversely affect safety.

Exemption from 14 CFR 25.855(a) is also re quested as this FAR requires any cargo compartment to comply with a designated classification of §25.857 which would exclude the carriage of supernumeraries in the cargo compartm ent. AEI freighters have a Class E main deck

cargo compartment.

The exemption from 25.857(e) will allow for the accommodation of up to seven (7) supernumeraries in addition to the crew. The FAA approved Aircraft Flight Manual (AFM) will contain a supplement with the operating limitation restricting the carriage of occupants to those personnel described in 14 CFR §121.583(a).

The exemption from § 25.1447(c)(1) is necessary because automatically dispensing oxygen units

are not available inside the main deck car go compartment. Each person entering the cargo compartment will carry portable oxygen and a mask. The portable oxygen units meet the requirements of 25.1447(c)(1), excluding the requ irement that the number of oxygen units must exceed the number of seats by at least ten percent. Since the supernumeraries will be trained in emergency procedures and will be carrying the po rtable oxygen with them when not in their seats, an equivalent level of safety is ma intained without having an additional 10% supply

cushion.

To the extent that §25.1449 requires the crew to be able to determine if oxygen is being provided to the portable oxygen bottles be ing utilized by the supernumerar ies, AEI also seeks exemption from compliance with this FAR as it is technicall y and commercially infeasible to comply with the requirements of §25.1449 when the supernumeraries are using portable oxygen.

Justification for Request.

As set for the above, §121.583(a) contains, in pert inent part, a listing of categories of persons who may be carried aboard an airplane in pa rt 121 service without complying with all the requirements of part 121 pertai ning to carriage of passengers.

The airplane operations that would require supernumeraries to enter the Class E cargo compartment are divided into three types. They are:

1. Carriage of live animals requiring care/atten tion during flight and associated material only, no other cargo; 2. Cargo only, no live animals requiring care/at tention during flight carriage; and, 3. Carriage of live animals requiring car e/attention during flight and cargo.

For all three types of operation it is proposed that seven supernum eraries be allowed in the Class E cargo compartment in-flight. Class E cargo compar tments are usually remote from the flight deck and encompass the entire interior of the ai rplane. The means of controlling fires that mightoccur in the cargo compartment is to starve the fire of oxygen. This is accomplished by depressurizing the airplane and maintaining an al titude that will not support combustion. For this reason, only crewmembers are permitted on board such airplanes. An FAA approved training plan will be initiated to in struct the supernumeraries in the prohibition against smoking, and procedures in equipment use relating to fire suppression, ditching, and emergency evacuation.

Request for Waiver of Public Comment

AEI requests waiver of the normal public comment process since this request is substantially similar to that already granted Custom Air Tran sport and because other similar petitions have already been granted to other freighter operators and STC hol ders to accomplish the same objectives with very similar conditions.

2. Public Interest

The carriage of an appropriate number of attendants aboard an aircraft to monitor and to attend to the special requirements of valuable, fragile, peri shable, or live animal cargo, serves the public interest in raising the level of safety of the car go, the airplane, the flight crew, and consequently, the public in general. In addition, these exemp tions will enhance the u tility of the aircraft, thereby helping to reduce shipping costs, which will in turn be in th e public interest.

This exemption, therefore serves the public interest for safety reasons and also for increased airfreight utility, both domes tically and internationally and consistent commercial operations among all AEI freighter operators.

3. Safety

Safety is the primary concern. All safety requirem ents of the original type certification of the aircraft will be complied with as defined by the aircraft Type Certification Data Sheet (TCDS) A3WE. Any adverse effects that the exemption and the equivalent leve l of safety of the

modification will cause are discussed below.

4. Adverse Effects

The exemption is to allow for the carriage supe rnumeraries. Because of the level of safety provided by 14 CFR part 25, and the restrictions placed on the carri age of personnel as specified in the FAA approved AFM supplement, th ere are no apparent adverse effects.

5. Equivalent Level of Safety

The modification will be designed to incorporat e certain features that will ensure the supernumeraries enjoy a level of safety equivale nt to that enjoyed by passengers, as provided by the original certifications basis of the aircra ft, and some of the upda ted part 25 regulations.

5.1 Emergency Equipment

In providing for a compensating level of safety fo r the main deck occupants, a fire extinguisher, CPBE, first aid kit, transmitter (ELT) and any ot her required equipment would be provided. For emergency egress assistance, an axe will be provide d to assist in the case of a jammed or stuckexit door.

5.2 Decompression Signal

An automatically activated decompression signal immediately recognizabl e throughout the cabin area will be provided to automatically notify supernumeraries when to don oxygen.

5.3 Emergency Lighting System, 14 CFR 25.812

An emergency lighting system will be provided to meet amendment 25-15 including the following items: 1. Emergency lighting illumination of the seating area, passageways, door si gns, instructions, etc. will be provided. 2. Exit Identifier Signs. 3. Exterior lighting at the base of the slide.

Due to the proximity of the seats to the intended exits and that the occupants have a direct view of those exit doors, it is believed that EPL (escap e path lighting) installa tion will not add to the safety level and therefore, will not be installed and an exemp tion from §25.812(e) is requested.

5.4 Lighted Fasten Seat Belt Signs, 14 CFR 25.791

Flight crew activated lighted “Fasten Seat Belt ” signs will be provided that are visible while

seated.

5.5 Lighted Return to Seat Signs

Flight crew activated ‘Return to Seat’ signs will be provided along the length of the aircraft.

5.6 Flight Deck Communications, 14 CFR 25.1423

A standard aircraft intercom/public address (PA) system will be installed and the PA system will be audible from anywhere within the aircraft. Th e PA system will be activated from either the flight deck, or from the supernumerary seating area.

5.7 Flight Phone

Two-way communication from the supernumerary s eating area to the flight deck will be provided by means of a flight phone installed within reach of at least one of the supernumeraries

at their seats.

5.8 Placards

The following placards will be provided: 1. No Smoking Signs 2. Door Operating Instructions 3. Slide Operating Instructions 4. Raft Operating Instructions5. External Door Exit Marking

6. AFM Supplement

The FAA approved Aircraft Flight Manual (AFM ) will be supplemented to contain operating limitations restricting the carriage of o ccupants to those identified in §121.583.

6.1. The AFM supplement will limit the seats to being occupied by supernumeraries only.

Due to the fact that AEI conve rted aircraft are operated in ternationally, AEI requests the exemption, if granted, be applicable both with in and outside the Unite d States of America.

Sincerely,

David M. McDonald, VP, Aeronautical Engineers Inc. dmm@aeronautical-engineers.com

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