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www.kalittacharters.com 12/04 /2012



### Docket Management Facility US Department of Transportation 1200 New Jersey Avenue SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

To whom it may concern;

“ Kalitta Charters II is an airline company specializing in providing nation wide cargo services including the transportation of bloodstock

– racehorses, show horses, etc. The company utilizes 727 aircraft.

“These animals are very valuable, many worth over one million dollars. The animals cannot be properly insured for air transport unless there are a sufficient number of qualified handlers on board.

“The interest of the petitioner is in providing a level of safety for the animals and aircraft that will allow an expansion of his service to include international even ts such as the Olympics and other world events which involve a large number of race or show horses.

“The 727

- 200 freighters presently have no provisions for a sufficient numb er of

s upernumerary seats to help in the care of the horses for long haul flights

. “The petition is for an exemption from 14 CFR 25.857(e) and 25.1447(c)(1). The exemption from 25.857(e) will allow f

or the accommodation of up to 1 6 livestock attendants or grooms on the main deck of a 727

- 200 freighter in a specially designated area ; with a maximum occupancy of the airplane to be 19 persons, including the flight crew . The exemption from 25.1447(c)(1) will mandate an equivalent level of safety for attendants leaving the vicinity of the attendants’ area by requiring them to carry portabl e oxygen units. The 1 6 walk around oxygen bottles with masks that are sto w ed under the seats plus the 2 walk around oxygen bottles with masks stowed on the wall meet the requirements of 25.1447(c)(1), which requires the number of oxygen units to exceed th e number of seats by at least ten percent. All features of the Class E cargo compartment required by 25.855 and 25.857 will be retained and all safety requirements of part 25 as defined by the certification basis of the airplane in Type Certificate Data s heet (TCDS) 4A25 [sic] will be complied with.

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www.kalittacharters.com “The FAA approved Aircraft Flight Manual (AFM) will contain a supplement with the operating limitation restricting the carriage of occupants accommodated by the specially modified section of this aircraft to a nimal handlers who are being trained for such duties. The seats may be similarly occupied during operations in which no cargo at all is being transported, but not to be occupied during operations in which any cargo whatsoever other than live animals is be ing transported.

“In addition, an FAA approved training plan will be initiated to instruct the animal handlers in the prohibition against smoking, and procedures in equipment use relating to ditching and emergency evacuation.

“Three exemptions from the f ederal aviation regulations are being requested

– an exemption from 25.857(e), and 25.855(a) to allow for attendants to be accommodated on the main deck of a 727

- 200 freighter and an exemption from 25.1447(c)(1) to provide for an equivalent level of safety in the dispensing of oxygen in emergency situations. All safety features of part 25 as defined by the certification basis of the airplane in Type Certificate Data Sheet (TCDS) 4A25 [sic] will be complied with.

“This request for exemption generally foll ows those granted to Custom Air Transport and another partial grant of exemption to Aeronautical Engineers, Inc. (AEI)

.

“ Exemptions Being Petitioned

“ Kalitta Charters II is requesting an exemption from 14 CFR 25.857(e) to allow the carriage of up to 1 4 livestock handlers on the main deck of a 727

- 200 freighter, and an exemption from 25.1447(c)(1) to allow portable oxygen units to be worn/carried by the animal attendants while they are away from the seat installed oxygen. Furthermore, it is requested th at 25.1447(c)(1) be allowed for an equivalent level of safety that would consider 1 6 portable oxygen units with masks that can be stowed under the seats and 2 portable oxygen units with masks stowed on the wall as meeting the requirement that the number of oxygen masks exceed the number of seats by ten percent.

“By extension, 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.”

Request for Waiver of Public Comment

“ Kalitta Charters II requests waiver of the normal public comment process since this request is substantially similar to that already granted to Custom Air Transport and because other similar petitions have already bee n granted to accomplish the same objectives with very similar conditions.

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www.kalittacharters.com “ Justification for Request

“1. Rationale

“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 pallet positions of the 727

- 200 freighters, and depending on the configuration, could have up to 12 pallets. For this petition, the aft two pallets are removed to accommodate the groom seating leaving 10 pallets remaining. A typical load coul d be up to 40 horses on the main deck of a 727

- 200 and the number of qualified grooms is commensurate with the value and safety of the horses on board.

“For safety reasons, the International Air Transport Association (IATA) recommends that for up to four pallets, one experienced groom be provided for each pallet of horses. For more than four pallets of horses, it is at the discretion of the carrier and the shipper to determine the optimum requirement.

“The safe transport of large numbers of horses by air therefore requires the carriage of a commensurate number of qualified handlers on the main deck.

“ The Custom Air Transport exemption already grants the relief sought here

.
“2. Public Interest

“The carriage of an appropriate number of animal handler s aboard an aircraft to monitor and to attend to the special requirements of live animal cargo, especially race horses and show horses, serves the public interest in raising the level of safety of livestock, the airplane, the flight crew, and consequently, the public in general.

“Designing the animal handlers’ station to meet the certification basis requirements as well as the some of the more recent safety requirements of 14 CFR part 25 raises the safety level of the animal handlers to that intended for passengers.

“This exemption, therefore serves the public interest for safety reasons and also for increased airfreight deliveries of these animals internationally.

“3. Safety

“Safety is the primary concern of the modification. As stated earlier, all safety requirements of the original type certification of th e 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.

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www.kalittacharters.com “4. Adverse Effects

“The exemption is to allow for the carriage of livestock attendants on the main deck of a 727

- 200 freighter. Because of the level of safety provided by 14 CFR part 25, and the restrictions placed on the carriage of attendants as specified in the FAA approved A FM 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 animal attendants enjoy a level of safety equivalent to that enjoyed by passeng ers, as provided by the original certifications basis of the aircraft, and some of the updated part 25 regulations.

“5.1 Animal Attendant Seats

“The animal attendant seats will be fully certified to support the weight of the attendants, as well as any eq uipment, such as oxygen bottles, that will be installed to the seats, to the maximum load factors of the aircraft at the FS position of the seats, and for the emergency landing provisions of the original certification basis for the aircraft, CAR 4B and FAR Amendment 25

- 15.

“5.2 Emergency Equipment

“In providing for a compensating level of safety for the main deck occupants, a fire

ex tinguisher, 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.

“5.3 Emergency Egress, 14 CFR 25.810

“1 . Doors 2R and 2L will be reactivated to serve as emergency exits.

“2. Approved and certified slides will be installed at the doors to provide emergency egress from the aircraft.

“3. Flotation for the occupants will be provided by life vests and slide ra fts, or rafts.

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www.kalittacharters.com “5.4 Supplemental Oxygen, 14 CFR 25.1447

“Section 25.1447(c)(1) states that oxygen must be automatically presented and immediately available to the occupants, and the quantity of masks must exceed the number of seats by ten percent. We ar e seeking an exemption from the requirement for the oxygen to be automatically presented. However, we would like it to be considered an equivalent level of safety due to required training and familiarization of the handlers.

“5.4.1 Seated Occupants

“It is the plan of the modification to provide the seated occupants with self

contained oxygen bottles with protective breathing masks under each seat. The attendants will be trained in the use of these oxygen units.

“5.4.2 Working Grooms

“Each groom wil l be able to carry the portable oxygen source with protective breathing masks that is stowed under there seat with them whenever the groom is not in the vicinity of the seats.

“Note: It is considered that the portable oxygen units stowed under the seats
, plus the 2 portable oxygen bottles stowed on the wall will meet the requirement of 25.1447(c)(1) that the quantity of masks exceed the number of seats by at least ten percent.

“5.4.3 Decompression Signal

An automatically activated decompression signal immediately recognizable throughout the cabin area will be provided to automatically notify s upernumeraries when to don oxygen.

“5.5 Emergency Lighting System, 14 CFR 25.812

“An emergency lighting system wi ll 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 lig hting at the base of the slide

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www.kalittacharters.com “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 therefor e, will not be installed.

“5.6 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.

“5.7 Lighted Return to Seat Signs

“Flight crew activated ‘Return to Sea t’ signs will be provided along the length of the aircraft.

“5.8 Flight Deck Communications, 14 CFR 25.1423

“A standard air craft 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.

“5.9 Flight Phone

“T wo

- 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 handlers at their seats.

“5.10 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

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843 Willow Run Airport • Ypsilanti, MI 48198 Toll Free: 800.KALITTA • Office: 734.544.3400 • Facsimile: 734.544.3429

www.kalittacharters.com “6. AFM Supplement

“The FAA approved Aircraft Flight Manual (AFM) will be supplemented to contain operat ing limitations restricting the carriage of occupants to animal handlers under specified conditions, as well as the training required for animal handlers.

“1. The AFM supplement will limit the seats to being occupied by animal handlers only. They may be s imilarly occupied during operations in which cargo is not being carried, but not during operations in which cargo, other than live animals, is being carried.

“2. The AFM supplement will have a prorated scale for the number of handlers based on less tha n full utilization of the aircraft to carry livestock.

“7. FAA Approved Training Plan

“An FAA Approved Training Plan to instruct handlers in the prohibition against smoking, procedures, and equipment use relating to ditching and emergency evacuation.



### S incerely ;

Bob Koski Director of Quality Control Kalitta Charters II 843 Willow Run Airport Ypsilanti, MI 48198 734

- 985

- 2622