David M. McDonald

VP, General Counsel 

August 28, 2015 

U.S. Department of Transportation 

Docket Management System 

400 7th Street SW 

Room PL 401 

Washington, DC 20591-0001 

Attention Transport Airplane Directorate 

 RE: Request For Exemption From FARs For 737-800 Freighter Aircraft 

To Whom It May Concern, 

Aeronautical Engineers, Inc. (AEI) seeks exemption from certain Federal Aviation Regulations 

(FAR) pursuant to 14 CFR Part 11. Specifically, 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 necessary to conduct the safe handling of cargo on 

Boeing 737-800 aircraft that have been converted from passenger-to-freighter configuration. 

This request is substantially similar to the request granted to AEI converted Boeing 737 

freighters in Exemption No. 9722. 

The petitioner requests relief from the following regulations: 

§25.785(j), Amendment 25-88, requires there 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 emergency exit slide for 

passengers. 

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

§25.855(a), Amendment 25-116, requires that cargo compartments must meet one of the class 

requirements of § 25.857. 

§25.857(e), Amendment 25-93, defines the attributes of a Class E cargo compartment, and 

mandates that a Class E cargo compartment may not be on any airplane other than one utilized 

exclusively for the carriage of cargo. 

§25.1447(c)(1), Amendment 25-116, requires, in pertinent part, that oxygen 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 determine there is oxygen being 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 signs, emergency lighting in accordance with 

§25.812, and passageways and accesses to emergency exits. 

Section 121.317 provides requirements for “No Smoking” 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 listing of categories of the people who may be carried aboard an 

airplane in part 121 service without complying with all the 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 for 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 operators of AEI freighters need to be able to 

carry supernumeraries to assist with special cargo such a valuable cargo requiring security and/or 

perishable, fragile, or live cargo requiring special attention to ensure its safe delivery. The 

interest of the petitioner is in providing a level of safety for the crew, supernumeraries, cargo and 

aircraft that will allow operators 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 supernumeraries 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 the 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 an 
escape 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 trained 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 requested 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 compartment. 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 cargo 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 requirement 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 portable oxygen with them when not in their 

seats, an equivalent level of safety is maintained 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 being utilized by the supernumeraries, AEI also seeks exemption 

from compliance with this FAR as it is technically 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 pertinent part, a listing of categories of persons 

who may be carried aboard an airplane in part 121 service without complying with all the 

requirements of part 121 pertaining 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/attention during flight and associated material 

only, no other cargo; 

2. Cargo only, no live animals requiring care/attention during flight carriage; and, 

3. Carriage of live animals requiring care/attention during flight and cargo. 

For all three types of operation it is proposed that seven supernumeraries be allowed in the Class 

E cargo compartment in-flight. Class E cargo compartments are usually remote from the flight 

deck and encompass the entire interior of the airplane. The means of controlling fires that might 
occur in the cargo compartment is to starve the fire of oxygen. This is accomplished by 

depressurizing the airplane and maintaining an altitude 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 instruct 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 Transport and because other similar petitions have 

already been granted to other freighter operators and STC holders 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, perishable, or live animal cargo, serves the public 

interest in raising the level of safety of the cargo, the airplane, the flight crew, and consequently, 

the public in general. In addition, these exemptions will enhance the utility of the aircraft, 

thereby helping to reduce shipping costs, which will in turn be in the public interest. 

This exemption, therefore serves the public interest for safety reasons and also for increased 

airfreight utility, both domestically and internationally and consistent commercial operations 

among all AEI freighter operators. 

3. Safety 

Safety is the primary concern. All safety requirements 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 level of safety of the 

modification will cause are discussed below. 

4. Adverse Effects 

The exemption is to allow for the carriage supernumeraries. Because of the level of safety 

provided by 14 CFR part 25, and the restrictions placed on the carriage of personnel as specified 

in the FAA approved AFM supplement, there are no apparent adverse effects. 

5. Equivalent Level of Safety 

The modification will be designed to incorporate certain features that will ensure the 

supernumeraries enjoy a level of safety equivalent to that enjoyed by passengers, as provided by 

the original certifications basis of the aircraft, and some of the updated part 25 regulations. 

5.1 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 would be provided. For 

emergency egress assistance, an axe will be provided to assist in the case of a jammed or stuck 
exit door. 

5.2 Decompression Signal 

An automatically activated decompression signal immediately recognizable 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 signs, 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 (escape path lighting) installation will not add to the 

safety level and therefore, will not be installed and an exemption 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. The 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 seating 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 Instructions 
5. 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 occupants 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 converted aircraft are operated internationally, AEI requests the 

exemption, if granted, be applicable both within and outside the United States of America. 

Sincerely, 

David M. McDonald, 

VP, Aeronautical Engineers Inc. 

dmm@aeronautical-engineers.com 

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