UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RENTON , WASHINGTON 98055-4056

In the matter of t he peti ti on of E xemption No. 8625A

Pemco World Air Services Regulatory Docket No. FAA-2005-22869 for an exe mption from §§ 25.7850), 25.855(a) , 25.857(e), and 25.1447(c)(1) of Ti tl e 14 , Code of Federal R egulations

AMENDED PARTIAL GRANT OF EXEMPTION By lette r no. PEMC0-0 1252016-00004 , dated January 24 , 2016 , Mr. Victor Burnett, Director of Engi neering , Pem co World Ai r Services , I nc. , 4102 N. Westshore B lvd., Tampa , FL 33614, on beha lf of Pemco World Air Serv ices , I nc. , peti t ioned the F ede ral Aviation Adm i nistration (FAA) for an amendment to exe mption no. 8625 to permit carr i age of two add it io n a l n on-crewmembers (also known as supernume raries) on an a ll -freighter Boeing Model 737-400 airplane, for a tota l of four supernumeraries. The ame nd ed exemp ti on , if granted, wou ld provide relief fro m the r e qui rements of§§ 25.785(j) , 25 .85 5(a), 25

. 857(e), and 25 .1447 (c)( l ) of T it le 14 , Co d e of Fede ra l Regulation s ( 14 CF R). The petitioner requ es t s relief from the followin g regulations: S ection 25 .785(j) , at Amendment 25-88, requires , in pertinent p art, that there be a firm handhold to e nab le occupants to steady themselves when mo v ing through the aisles in moderately rough a ir. Section 25

. 855 (a), at Amendm ent 25-93, requires that each cargo and baggage co mp artment n ot occup i ed by c r ew o r passengers meet one of the c lass req uirem ents of § 25.857. Section 25.857(c), at Amendment 25-93 requires, in pertin ent part , that when a Class 

### E cargo comp artment is installed on the a irp lane, the airplane is used for carriage of cargo only.Sectio n 25

. 1447(c)( l ), at Amendment 25-87 , requires, in pertinent part, that oxygen dispensing units must be automatically presented to the occupants before the cabin altitude exceeds 15,000 feet. The total number of dispensing units and outlets must exceed the number of seats by at l east 10 percent. The extra uni ts must be uniformly distributed throug hout the cabin as practicable. Related Sections of 14 CF R: Section 12 1.583(a) contains , in pertinent part, a listing of catego r ies of persons who may be carried aboa rd an a irplane i n part 1 2 1 serv ice without complying with all the requirements of part 121 pertaining to carriage of passengers. The petitioner s upports its request with the followin g information: The following quotes , in pertinent part, th e petitioner's petition, with min or ed it s for clarity. Pemco is requesting an amendment to the current exemption no. 8625 to permit carriage of2 add ition al non-crewmembers on an al l-freighter airp lane. This request would c han ge the current restriction of2 non-crewmembers to 4 non-crewmembers. Pemco notes that precautions and instructions for the current exemption no. 8625 has not changed for the existing 2 non-crewmembers. The oxygen supply and assoc iated instruction s and warning, includin g signs and notification s, a re the same as describ ed in exemption no. 8625 for 2 non-crewmembers. For the 2 additional non-crewmembers in the vestibule, the associated instructions and wamings are identical to the 8737-400. Oxygen supp ly in case of depressurization is ensured by portable oxygen bottles installed di rectl y adjacent to the double flightattendant seat (supernumerary). Portable oxygen masks are co n nected to the hi g h- press ure outlet. When oxygen masks need to be used , occupants are notified by a chime and b y lighted signs located within v i ew . Activation of signs has not c h anged. The original Supporting Argument of exemptio n no. 8625 also app l ies to the this petition for amendment. The following paraphrases supporting arguments from the petitioner ' s o ri ginal petition letter dated October 17 , 2005 , as that letter applied to is suance of exemption no. 8625. Desc rip t i on of t h e a irpl a n e The Boeing Model 737 is a pressurized , low-wing, transport-category airplane powered by two turbofan engines

. It is a new-technology jet airplane designed for low fuel burn and short-to-med ium range operations. Pemco owns s uppl emental type certificates (STCs) SA2968SO , SA2969SO , SA2970SO, and SA2971 SO , that convert the passenger aircraft to Quick Change and to Pure Freighter. This exemption is being sought for the freighter configuration, which has a 90 bulkhead between fuselage station 349 and 353 , that acts as both 90 cargo barrier and smoke barrier.

2E quiv a le nt Leve l o f S af e ty P

emco co ns ide rs that a n e quiv ale n t leve l of sa f ety to th e p ar ts of th e r eq uire m e nt s fro m whic h r el i ef is soug ht i s a c hi eve d by des i gn pr ecautio n s a n d by t he intr od u c ti o n o f a irplane tli g ht man ua l ins tr uct ions fo r th e Pemco freighter co nve r ted a i rp l ane that are identica l to those for the 8737-200/3 00 airp lane. T he oxygen supply a n d associated ins tructions and warn ings are ide n tical to th ose fo r the B737-400 ai rplane. Oxyge n sup pl y i n case of depressu r izatio n (as required in case of smoke warning in th e main deck car go compartment) is e n sured by drop

- dow n oxygen masks , w hich remai ns u nc h a n ged fro m the co nfig urat io n de li ve r ed by Boe ing. Wh en oxyge n masks n ee d to be use d , occupants are no tified by a c him e a n d by li g hte d s i g ns l ocated w i thin v i ew . T hes e s ig n s ca n be ei th e r ma nuall y act ivat ed by th e fli g h t c r

ew m e m be r s o r aut o mat i ca ll y turn ed on by an altitud e pr essu r e sw itc h . T h e mas k s automatica ll y dep l oy as they wou l d if th e airplane remained in passe nger co nfi g ur at i on. T he crew-non-flig ht-crew two-way communication syste m remains the sa m e as del ive red with the airplane by Boeing. Two

-way communicatio n with the cockpit i s possible through dedicated comm uni catio n panels. Other eme rgency eq u ipment , as req uired by the applicab l e Airwort h iness Standard s, is also provided. P emco be lieves that a n equ i va l ent l evel of safety to t h e parts ofthe r e qu ireme nts from wh ich re lief is soug h t will be ac hi eved by desig n pr ecaut i o n s and by de finin g in the P emco Flig ht Ma nu a l S uppl e m en t Lim itat i ons sect i o n t he co nditi ons unde r whi c h n on- fli g ht crew p e rso n s may b e carr ied. Both L I and R I doors and thei r emergency slides remain insta l led and active. E xt e nt o f t h e R e qu es ted R eg ul a t ory R e li e f T he main purpose of this request for exemp t io n is to permit carriage of no n- crew perso n s on an all-freighter a irplane. Th is i s the reason for r eq uest ing exempti on from sectio n s 25.855(a) a nd 25.857(e)

. Oth er sections from w hi c h exe m ption is sought are seco nd ar y to thi s o n e. Exe mpti o n f r o m th e afo r esa i d sect i o ns is so ug h t to th e fo ll ow in g extent: Sectio n 25.857(e): R el i ef i s sought to pe rmit carri age of two non-crew pe rso n s on a n all

freighte r airplane, which has a class E cargo com p artment. S upp o rtin g A r g um e nts Cargo operators need a number of su pp o rt personnel for safe l oad ing and offload in g o f cargo. Such per so nnel are obviously ne e ded both at departure and de s tination of a cargo flight. I t is particu l ar l y impo r tant that the cargo h a n dle rs are present upon airp l ane arr iva l i f perishable goods o r l ive a nima l s ar e carried. The most efficie n t , surest, a n d cheapest way to assure their attendance at th e dest in ation airport is to tra nsport t hem ab oard th e ca r go flight. Cargo operators may have to carry cargo s uch as live an imals , hazardous materials , or valuable o r peri s h able goods , that cannot be left unattended , even for the duration of a flight , and the presence of personnel qualified in their handling is nece ssar y o n the

3Cargo operators may have to catTy cargo s uch as live animal s, haza rdous materials , or val uabl e or peri s hable goods , that cannot be l e ft unattended, even for the duration of a flight, and the presence of per so nn el qualified in their handlin g is necessary on the airplane on which they are carried. Safety a nd effic iency of the ope ration will therefore be enhanced. Cargo operators also need to have qualified personnel for operations and maintenance purposes at various lo catio ns . They w ill op timi ze their missions i f they a re permitted to carry their personnel aboard their cargo flights , thus saving travel on regular passenger flights. The Airworthiness Standards applicable to the type certification of the 8737-400 , as well as the current Ai r wo rthiness Standards, do consider carria ge aboard commercial flights of crewmembers , includin g flight crewmembers and cabin attendants , who are assigned duties associated with the operation of the airplane, and passengers who have no expected ability in the use of emer gency provisions and therefore ne ed to be attended. Th e categories of occupant s for which this exempt ion is soug ht are qua li fied aeronautical personnel. Futthermore , they are trained in the autonomous u se of emergency equipment and emergency ex it operation. The ope rator will also be required to a ll ow access to these seats only to persons found able to perform these tasks on their own. Therefore, the assist space adjacent to the e mergency exits requi r ed by Section 25.813(b ) , while available for assisting th e passengers in evacuating , is not necessary, because the catego ries of personnel considered will be trained fo r door operation and autonomo u s evac uation. Both doors are equ ip ped with se lf-d eploying s lid es. Pemco has prev iously been granted exemption no. 8057 , a very s imilar exempt io n , for the 8 737-200 /

- 300 and wishes to have thi s exemption extended to cove r the 8737-400 as well. Public Interest Pemc o presents the argu ment that th e grantin g of this exemption will be in the public interest by allowing US airlines to compete wi th other freighter operators with such a configuration. lf allowed to carry non-f1 ightcrew persons aboard their cargo flights, the operators of the Pemco converted B737-400 airplanes wi ll be able to operate under optimal safety conditions, to render th eir ope ration more efficient , and to realize substantial sav in gs in carrying their personnel from one place to another. The reasons fo r these benefits are developed in the arguments above

. Request for Waiver of Publication No new de s ign feature is introduced and the reaso ns presented for exe mption are similar to those for which an exempt ion has been previously granted for other a ircraft types. [See exemption no. 5864 , 7799 , and 8057]. Therefore , this request w ill not set a precedent, therefore Pemco requests a waiver for the publication and comment period , so that operato rs of Pemco ca r go-co nversion [airplane] operators can rapid ly begin to reap the benefits of a more efficient operation.



### 4Pemco believes that good cause exis t s to waive the publication and comme nt requirements of§§ 11.85 , 11.87 , and 11.89. In particular , we fee l th at the m a in purp ose of this petition a nd the reasons pre se nted in it a re identical to tho se for exe mptions previou s ly g rant e d by th e FAA. F e d e ral R eg i s t e r pu b li cati o n The FAA ha s determined that goo d cause exists for waiving the requirement f o r Fe deral R egi s t e r pub l ication f o r public comment because the request is id e nt ical in all materia l re spects to pr ev iousl y g ranted exe mption s; the exemp ti on , if gra nt e d , wo u ld n ot set a precedent; and any delay in acting on thi s petition would be detrimental to Pemco. Th e F AA 's an a lys i s T he FAA partiall y ag rees with th e reasons the p e titi o ner prov ides , t h at th e number of s upernumerari es m ay be incre a se d from two to fou r . However, we ha ve determined that additional li mit a ti o n s are necessary regardin g the numb e r of supernumerar ies allo wed to access the Class E cargo c o mpartment fo r different types of operation s. T he FAA has previ o u s ly g ran t ed exemptio n s for s upernumerary in-fli ght access to the Class E ca rgo compartme nt , provided that certain co nditi o n s are met. These cond ition s have varied , depending on th e a irp l a ne design , the numb e r of persons invo lved , a nd the ty p e of cargo perm i tted to b e tran s ported in the main

- deck C la ss E cargo compar t me n t, and the numbe r of persons needed in the cargo compartment for the ty p e o f operation s. We hav e divided access to the cargo compartm e nt int o three diff erent types of o p e rations: I. Carriage of li ve a nim al s requiring care and atte ntion durin g flight , and assoc iated mater ia l only. No other cargo. 2. Cargo only. No li ve animals requir in g care and attention during flight. 3

. Carriage of live an imal s requiring care a nd attention during fli g ht , and other cargo. Anima l s shipped b y air m ay need supernumeraries on board for the ir care and attention durin g flight. We hav e g r a nt e d exe mptions in the past for large r number s of supe rnum eraries with access into t he main-deck cargo compartment under ce ttai n condition s . Th ese con dition s h ave included limi ti ng the petm itted cargo to l ive a nimal s and associated cargo o nl y . We have considered that li ve animals are le ss flammable cargo than could b e ot he r c argo; therefore, we have allowed less- r estric ti ve access for t hi s type of cargo configuration. Regarding the second type of opera ti on (cargo o nl y), we ha ve limit e d access into th e cargo co mpar tm e n t to a maximum of three s up e rnum e raries on l y . This numb er of s upernumeraries s hou ld b e capable of address in g th e access ne e ds fo r the hazardou s mat e ri a ls a nd valuab le o r pe ri s hable goods dur in g fli g ht. Th erefore, th e m ax imum number of supernume rm ies allowed in to the C lass E cargo compartment to ca r e

/ atte nd to h azardous cargo i s three. Co ncerning the third type of operation (live animals requiring care /a tte n tion during fli ght, and o ther cargo) , we understand that this is a common operation

. The addit io n of cargo to a li ve anima l carriage operati on causes a d ditional ri sk of exposure from the s m oke a nd fumes of a fire

.

5As the number of supernum e raries increase s, and the d uration of expos ure inc r eases, we must provide for a reasonable leve l of protection from smoke inha lation. Several factors are considered when makin g a de termination for the acceptable leve l of safety in this case. Past indu s try pra c tice , the numb e r of supernumeraries with acce ss , the airplane co nfiguration , cargo compartme nt size, limited eg r ess path s , potential cargo pr ese nt , and the duration of exposure are all relevant factors

. We have determ i ne d th at a max imum of fou r supernum eraries may b e a ll owed access into the main-deck C lass E cargo compartment , in-flight, for operations types 1 and 3 (above) only. For type 2 operations, the m ax imum number of s upernumerarie s allowed access i s three. As compared to exemption no. 8625 , thi s amended exemption changes limitat ion no . 1 to all o w up to four supernu m eraries o n the a i rplan e, and ad d s lim itation no. 10 to s p ec ify the number of s u pe rn ume r ari es who can access the C lass E cargo co m partme nt fo r d iffere nt types o f cargo operation s. 

### The FAA's deci s ion I n consideration of the forego ing , I find that a partial grant ofamended exemption i s in the pub l ic interest. T h erefo re, pursuant to the a uthority con ta in ed in 49 U.S.C

. 

### §§ 40 11 3 and 44 701 , de legated to me by the Administrator, Pemco World Ai r Services is hereby granted a partial amendm e nt to exemption no. 8625 to provid e re l ief from th e re quirement s ofTit le 14 , Code of Fed era l Reg ulations ( 1 4 C FR) 25 .7850) , 25.855(a) , 25.857(e) and 25. 1 447(c )( l ). T he petition i s granted to the extent re qu ired to permit type cert i fication of Boeing Model 737-400 airp lanes that hav e bee n converted from a passenger to a freighter configu r atio n , w i th provi s ions for the caniage of up to 4 supernu m e r ar ies wi th lim i t e d i n -fli ght access to the cargo compa rtmen t . T he fo ll owing li mitat ions app ly and must be documented in the l imitat ions section of the airplane flight m anua l (AF M): 1. O cc upancy out s id e the flightdeck i s restricted to a maximum of four p e r so ns. 2. Supernume rari es are li mited to the categories specified in 14 CFR 121.583(a)( l ) throug h (7). 3. Each s upernumerary mu s t be brief ed b y a flightcrew m e mber on the u se of the ex it s and e m erge ncy equipment prior to each fli g ht. 4. T he operator mu s t determine that eac h s upernumerary i s physically able to accomplish the necessary emergency procedur es . 5. Each s upernum e rary mus t be provided with a portable oxygen source wi th a mask con necte d to it. Th e supe rnum e rary mu st carry this portab le oxygen source w h e never they enter the C lass E cargo co mpartment. Whe n not i n use , the porta bl e oxyge n units may be lo cated in a common a rea . The s up ern umeraries mu s t be trained in the u se of these oxygen u nits

. Th i s por1ab le oxyg e n eq ui pment is not re qu i red if a lim itation i s placed in t h e AFM that prohibits t he supernum e raries from being in the C las s E cargo compartment during flight.

66. An aura l an d v i sual decompre ssion s igna l must be provided to noti fy supern umeraries when to don oxygen masks. Thj s s igna l mu st be automatically activated and be immediately recognizable throughout th e supernumerary seating area and in any accessible area in the C lass E cargo compartme nt. T hi s signal is not requ ired to be recognizab le in the Class E cargo compartment if a lirilltation is p laced in the AFM that prohibits supernumeraries from being in the Class E cargo compartment during flight. The existence of this signal, and the accompanying procedures for donning a mask and activating oxygen flow, must be includ ed in a pre-flight briefing. 7. An aura l or v i sua l annunciation mu s t be in sta ll ed to indicate that, during turbulence, persons mu st retu rn to their seats. This s i g nal must be operated by the flightcrew and be recognized in the s upernumerary seating area and accessible areas in the Class E cargo compartment. This atmunciation is not required to be recogn izable in the C lass E cargo compartment if a l imitation i s p l aced in the AFM that proh i bits supernumera r ies from being in the Class E cargo compartment during flight. Appropriate procedures and limitation s must be established to ensure that the flightcrew s ignal s the supernumeraries to return to their seats at the onset of turbulence and for landin g. 8. An aural o r v i sual annunciatio n mu s t be in stall ed to indicate that , during a fire in the Class E cargo compartment, persons must return to their seats and e nsure that the smoke barrier is secured ( i. e., the door or curtain is closed). The annunciation must be operated by the flightcrew and must be recognized in the Class E cargo compartment. Appropr i ate procedure s and l im itat io n s mu st b e estab l i s hed to ensure that the flightcrew s igna ls the supernumeraries to return to their seats and secure the smoke barrier at the onset of a fire. The pre-flight briefing must explain this annunciation to the s upernumeraries. The preflight briefing, an nunciation , and associated procedures and limit atio n s to signa l the supernumeraries are not required i f a lim itat ion is placed in th e AFM that prohibits supernumeraries from being in the C lass E cargo compartment during flight. 9. There mu st be a placard which indicates that the smoke barrier mu s t be secured (i.e., the door or curtain must be closed) when no one is in the Class E cargo compartment. The placard mu s t be located in a conspicuous p lace in the supe rn um e rary seating area, e ither on o r next to th e smo ke barrier. The pre-flight briefing must inform su pernumeraries of this requirement and whether or not they may enter the Class E cargo compartment. 10. Main-deck Class E cargo -c ompartment access limitations:

a. Supernumeraries are prohibited f rom being in the cargo area behind the smoke barrier during taxi, takeoff , and landing. The pre-flight briefing must inform s up ernumera rie s of this requirement. Access to cargo compartments is limited to the main-deck Class E cargo compartment. b. Access int o the main-deck Class E cargo compartment in-fli g ht is allowed fo r only three types of operation:

1. Carriage of live an i mals requiring care or attention during flight, and assoc iated material only , no o th er cargo. The maximum number of supernumerati es allowed in the cargo compartment in-flight is fo ur.

711. Operations for cargo on ly. No live animals requiring care and attention during flight. The maximum number of supernumeraries allowed in the ca r go compartment in-flight i s limited to three.

111. Car riage of li ve animals, requiring care and attention during flight, and o th er cargo. The maximum number of supernumeraries allowed in the cargo compartment is four. Thi s exe mption supe rsedes exemption no. 8625.

Issued in Renton Washington, on 

## JU L 08 2016

Michael Kaszycki Act ing Manager, Transport Airp lan e Directorate A ircraft Certification Service



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