Exemption No. 10104

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADI~nNISTRATlON RENTON, WASHINGTON 98057-3356

Inthe matter ofthe petition of Regulato~ Docket No. FAA~2010-0648 Evergreen International Airlines, Inc. for an exemption from § 25.1415(b) of Title 14, Code ofFederal Regulations

GRANT OF EXEMPTION By letter dated June 11, 20I0, Mr. David R. Heath, Di~ector ofEngineering, Evergreen International Airlines, Inc., 3850 Three Mile Lane, MCfYlinnville,Oregon, 97128, petitioned fOli a temporary exe~ption from the :et~uir~me~ts ofTit~e 

# Ii, Code ofFederal Regulations (1.4C~R~ 25.1415(b), as Itrelates to the ImlltatJOl1sIIITechnIcal ptandard Order (TSO) C70a, whIch IlltlltS Type IIIiferafts to non-transport category airplanes. Ev:ergreen International Airlines has 14 airplanes with these liferafts installed. The petitioner requests relief from the foHowing regulation: Section 25.1415(b) requires that each Iiferaft

# [1. atransport~category airplane be approved. Section 25.1301 (a)(3) requires that each item of installed equipment be installed according to limitations specified forthat equiJment. Tbe petitioner snpports its request witb tbe fOIlOWitginformation: This text is quoted from the petitioner's request. I Evergreen International Airlines (EIA), petitions for atemporary exemption from the provisions ofSection 25.1415(b) for the airplarles listed inTable 1below. Section 25.l415(b) requires that each life raft for atranbport categOlYairplane be approved. EIA requests relief from these provisions ofpart 251as itrelates to the scope definition inTechnical Standard Order (TSO) C70A that sta es Type IILife rafts are for use inNonTransport Category Airplanes. Section ofthe FAR affected: Section 25 1415(b) requires that each life raft for atransport cateoory airplane be 0 approved. Table 1

- Affected Aircraft Tail Number VRBLNumber Line Number Serial Number N470EV RJl33 2371 20653 N471EV RJ131 2091 70651 N482EV RD042 2191 20713 N485EV RD041 7181 20712 N486EV RD043 2401 20888 N487EV RD772 6141 23286 N488EV RD773 6171 23287 N489EV RD774 6331 23393 N490EV RRZ06 7061 24138 N491EV RR852 1042 26561 N747BC RT876 9041 25879 N249BA RT631 766 24309 N718BA RT743 932 27042 N780BA RT632 778 24310 Supportive information is as follows: ElA has been compelled to petItion for an exem,ptIOnto SectlOn 25.1415(b) for the EIA I B747-200C/F/SF andB747-400LCF as listed

# iJi Table 1 for abrief period of

_ approximately 100days. Within tbis request, EIiAwill show that by granting this petitlOiI, an equivalent level of safety is maintained. Fail{rreto grant the exemption represents an economic hardship to EIA that was not avoidab ethrough actions on EIA's part. Background: Recently, ErA was contacted by its Certificate ~anagement Office (CMO) and was provided acopy ofthe FAA Notice N8900.116 forreview and action. EIA has reviewed the FAA Notice. EIA understands the issue the letter israising, but differs inthe assessment ofthe approval status of its current life rafts (Eastern Aere Marine (EAM) Model T9, PIN ROI 03A 121), hereinafter referrcldto as aT91ife raft. EIA agrees that FARs 25.1415 and 121.339 are valid and require the use ofapproved life rafts on its 747 freighters. How-ever, ETA'sposition is that neither ofthese regulations require aspecific TSO liferaft, but simply state that the life rafts must be approved. 2There are many examples in the FARs where s~ecific TSOs are called out for various

items ofrequrred equipment. Life rafts are not 

### pne ofthese cases. Life rafts used on transport-category aircraft could be covered by

# rso ell, C69, or C70, orbyany other specification approved by the F.M. EIA also agrees that TSO C70a, Appendix 1, Saope, states: "TYPE I

-For use in any category aircraft. TYPE IT

-For use innon-transport category aircraft." However, ErA's secondary position is that tms slatement inTSO C70a is not the only factor tobe considered. Specific intended use 

### rbust also be considered. There are , numerous cases on a 747 freighter where specia'l consideration is given to the fact that only crewmembers and "supemumeraries" are darried. While FAR Part 25 does not specifically mention "supernumeraries", there iJ long history ofthe FAA considering these unique personnel during mlemaklng and dertification approvals. The history of specific FAA approval ofthe use ofthe T91ife bft is evidence ofthis consideration. EIA has used the T9 life raft for almost 20 yeJ with full FAA knowledge and approval. Inthe Ailvvortruness Directive 92-14-02, the

# F1A acknowledged the common usage of the T9 life raft. The FAA did not deem the useef this life raft asafety concern, but simply required a lanyard no different than forTSO C70a Type I liferafts. This AD required compliance with EA1v1SB T9-25-1 onllife rafts used on the 747 upper deck, with which ElA has complied. Had the use ofthe T9ljfe raft been deemed asafety or compliance concern during this FAA rulemakiJg process, the AD would have prohibited T9 use on 747 freighters. The STC SA2121 CE-D was used to convert E~'s retired transport category aircraft N477EV and N478EV from passenger to freigh~erby Boeing. This STC installed life rafts per the Boeing drawing 65B58005, -509 ccmfiguration on these aircraft. Please note that the liferaft is listed as "EAMT9-121". 

### Thif isthe model number for our life raft

### PrN RO103A 121. The "EAM" refers to Eastern Aerp Marine; the "T9" is the basic life raft I model; and the" 121'~identifies the FAR part 121 kit included inthe life raft. STC SA2125CE-D and Boeing drawing 016U5920, 

## 11configuration arc essentially the same, but are effective to aircraft N485EV. In both cases, these STCs were reviewed and approved by the FAA for use of the T9 life rafts on 747 freighters. These life rafts are inclJded inthe certification data ofthese aircraft and are therefore approved as required 

# ByFAR 25.1415 aspart ofthe type design. STC STOO185SE is anErA STC allowing the CLriage ofgrooms on the main deck ofa properly equipped 747 freighter aircraft. As pa~ ofthjs STC, apalletized groom station was constructed and approved as part ofthe reqpired equipment. This pallctizcd groom station is defined by the EIA drawing 25-4-002 -92 Rev 1. This drawing calls outthe use

3oflife raft PIN RO103-105 orROlO3Al 05. These are the same as life raft PIN

RO1O3A121, except they do nothave lanyard rriodification described in AD 92-14-02. This isbecause these life rafts are intended to

# bbused from the main deck (door 5L or 5R) and therefore the lanyard length is not the slafetyconcern itwould be ifused on the upper deck. This groom station STC package was given extremely close scmtiny bythe FAA Seattle ACO atthe time ofsubmLttal because itwas th~ fint 747 STC to specifically allow the carriage ofgrooms inthe main deck cargo COm~3J.1ment.Life raft information was submitted with the data package and the appro~al was granted. Therefore, as was the case inthe other STCs discussed, the T91ife raft was included in the certification data of this STC. This meets the FAR 25.1415 requiretnent forthe Ii

## feraft tobe approved as part ofthe type design. The above discussion provides fOUT completely separate occasions where FAA ACOs have specIfically approved the use ofthe T9life rafts for use on 747 freighters. These approvals constitute part ofthe type design forthese aircraft. 

### Ifthe FAA deems the use ofthese life rafts to be a safety concern, ElA w6uld expect the FAA to issue new rulemaking and invite public comment, as isthJ long-standing normal process used by the FAA in safety-related matters. Further, the four cases discussed above clearly demonstrate that the histoJieal, or defacto, policy ofthe FAA regarding the T91ife raft isthat it is approved for use on 747 freighters. Three separate STC projects, involving two ACOs, and an AD rulemaking process reviewed and specifically approved theluse ofT9life rafts on 747 freighters. The Transport Directorate in Seattle defines transpor aircraft certification policy and their demonstrated policy, for at least the last 20 years, has been to approve the T9 \J

# re raft for use on 747 freighters. This demonstrated FAA Ipolicyofapproval ofthe T9 Iiferaft is contrary to the new supposed national policy described in FAA Notice N8900.116, issued by the Flight Standards Service. A review ofthe FAA website forthe Flight Standards Service shows their mission tobe: I "The Flight Standards Service promotes safe af' transportation by selling {hestandards jar certification. and oversight oj airmen, air operators, air agencies, and designees. We alsopromote safety of

flight ofcivil aircraft anti air commerce by:

• Accomplishing certification. inspection, surveillance, investigation, and enforcement

• Setting regulations and standards

• Managing the systemfor registration 0 civil aircraft and all airmen records"

41n contrast, areview ofthe FAA website for Aircraft Certification Service shows their

mission to be: "TheAircraji Certification Service ofthe FAA IS the office responsible jar:

• Admmistering safety standards gOVernil~gthe design, production, and airworthiness ofcivil aeronautical prolets;

• Overseeing design, production, and air1lOrthiness certification programs to ensure compliance withprescribed safety standards;

• Providing asafetyperformance managLent system /0 ensure continued operational safety ofaircraft; and,

• Working with aviation authorities, manLffacturers, and other stakeholders to help them successfully improve the safety afthe international air lransporCOlion 5ystem. " The FAA Notice N8900.116 appears to skirt the nomlal rulemaking process used by the FAA and does not appear to be in compliance \{'iththe mission statement forthe Flight Standards Service. EIA strongly objects tobeing compelled toremove the 1'9 liferafts from OUT 747 freighter fleet atthe present time forthe following reasobs: I. There has beeo no unsafe condition iderltified forT9 Iiferaft usage on the 747 freighter; 2. There has been no out-of-compliance condition identified for T91ife raft usage on the 747 freighter; 3. There has been no certification rulemak'ng prohibiting T91ife raft usage on the 747 freighter per Part 39; 4. There has been no opportunity forpublic comment that the aforementioned rulemaking process would normally prl~ide; 5. Replace~nent ofthe 1'9 life rafts in our 

## 147 freighter tleet \vould be a.significant econonuc burden to EIA, yet the FAA nas not perfonned an economIC costbenefit evaluation that would bepart ofIt he normal rulemaking process;

56. While removal and replacement ofthe T9life raft would satisfy the FAA Notlc~ N8900.116, itnms contrary to the actual certification policy issued bythe Transport Directorate as evidenced by ~umerous previously approved certification projects that contained installation ofthe T9 liferaft. EIA is committed to aircraft safety. EIA has sJcesSfUlIY and safely operated 747 freighters for over 20 years using the T9 life raft. ElA has never had any reported inserVIce,or shop, issues reported that would 

### sugr10est this liferaft is unsafe or incapable of perfonning its intended function. Not withstanding all ofthe above discussion, E~ has been compelled by FAA Flight Standards, through its CMO, topetition forexe ption from Section 25.1415(b). Safety: EIA believes that the level of safety will not be compromised ifEJA.is allowed to operate these 14aircraft with TSO C70A Type 

### IT life rafts in lieu ofthe Type Ilife rafts forthe period requested. EIA believes that EAM PINROI03A1211ife rafts, with incorporation ofthe modification described inAirworthiness Directive 92-14-02,lwhen installed in 747 Freighters, will , perform their intended function. ErA therefore aoes not believe that the installation of the EAM

### PiN ROI03Al21 liferafts on Model 747 feries airplanes, operated as freighters, certificated in any category constitutes asafety issue. This is supported by the fact that the FAA has not published a finding ofan unsafe condition associated with the use ofthe T91ife bft. Projected usage during the requested exemPtioA period of 100 days represents very limited exposure on afleet with an exceptional safety record. Usage shall be limited to the 14 aircraft as listed in Table 1. Economic Hardship: A cessation ofextended overwater operation due to aType 

## nlife raft restriction on these 14aircraft would have an immediate impact onlboth EIA and its customers. Flights may have tobe cancelled, re~routed (at great expense and inconvenience to our customers) or operated with more expensive equipment (if avhilable). ErA respectfully requests that an exemption be granted until October 1,2010 byrhich time the new liferafts will be installed. ErA further requests that this exemption be approved on an expedited basis to minimize impact on currently planned flights.

6Public Comment:

EIA requests that the FAA not post aSummar INotice oJPetition Received on the Federal Register forpublic comment inthe norlnal fashion as the request is virtually identical to Exemptions 9856, 9874, and 9976 kanted for other airlines; and due to the fact that the nonnal comment period would ha Ieadverse effects on EIA should itbe forced to cancel currently plamled flights. Use Outside of the United States: ErA requests the petition forexemption be app oved foruse outside ofthe United States (US) as alarge portion ofits nonnal flight acti ity takes place beyond US borders. Federal Register publication The FAA has determined that good cause exists forwaiving the requirement for Federal Register publication because this exemption, ifgranted, would riot set aprecedent, and recent, similar petitions have received no public comments. The FAA's analysis The FAA notes that the petitioner has several reasons for requesting this temporalY exemption. Underlying each ofthe arguments, however, is the relatively low risk associated with atemporary grant of exemption. While the FAA agrees that the oc+pants ofa freighter airplane are more likely to be familiar with the airplane and its equipment, this is not relevant to the capability of , the liferaft itself. The liferafts presently installed are T$O C70a approved, Type II liferafts. , However, the TSO has alimitation such that the Type IIliferafts are for use on non-transportcategory airplanes only. The TSO states that Type Ilif6rafts are for transport-categOlY airplanes. Section 25.1301 (a)(3) requires that each item of il1stallbdequipment be installed according to limitations specified forthat equipment. 

# 1

Type I liferafts are designed tobe more robust and sea orthy than Type II liferafts, and arcbetter suited to the extended overwater operation typical of tt:allsport-category airplanes. Under such conditions, the raft may need to be occupied for 10nge~periods oftime than would be necessary for airplanes equipped with Type IIliferafts. For these feasons, the FAA requires liferafts meeting the standards of the Type Iliferaft (principal1~, multiple innation chambers and redundant inflation systems) on this type ofairplane.!i0netheless, given the relatively short time period ofthe requested exemption and small number ofairplanes affected, the FAA considers that an exemption would not materially affect the leve] ofsafety provided by the regulations. Since both Type Iand Type IIrafts arereadily availablr for the airplane industry topurchase, the FAA typically allows only avery short time to exchange the rafts. Inthis case, Evergreen International Airlines has made arrangements to purchase replacement Type I liferafts and is ~aiting forthe liferafts to be manufactured and ?eliVe~e? The FAA co~siders that addjti~nal tIme ISwananted to allow for procurement and Install 'hon ofthe new hferafts on the subject

7airplanes, a timeframe which \\'il1 not measurably degrade safety. Granting the exemption will

enable the petitioner to fulfill its contractual Oblig

# ationr! and avoid Ulmecessary disruptions of air commerce, which would he in the public interest. In consIderation of the foregoing, I find that a grant of exemption is in the public interest and will not affect the level of safety provided by the regulationh. Therefore, pursuant to the authority contained 

### in49 U.S.c. 40113 and 44701, delegated to 

### be by the Administrator, Evergreen International Airlines, Inc., is hereby granted an exem~tion from 14 CFR 25.1415(b). The petition is granted to the extent required to permit operl tlon of 14 Boeing Model 747 airplanes, listed in Table 1, with TSO C70a Type 

## nliferafts. Thi exemption expires on October 1, 2010. Issued in Renton, Washington, on 

# ;fit JUL 27 2010

Ali BahraIni Manager, Transport Airplane Directorate Aircraft Certification Service

8