UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98055-4056 

In the matter of the petition of 

Exemption No. 8625A 

Pemco World Air Services Regulatory Docket No. FAA-2005-22869 

for an exemption from §§ 25.7850), 

25.855(a), 25.857(e), and 25.1447(c)(1) of 

Title 14, Code of Federal Regulations 

AMENDED PARTIAL GRANT OF EXEMPTION 

By letter no. PEMC0-0 1252016-00004, dated January 24, 2016, Mr. Victor Burnett, Director of 

Engineering, Pemco World Air Services, Inc., 4102 N. Westshore Blvd., Tampa, FL 33614, on 

behalf of Pemco World Air Services, Inc., petitioned the Federal Aviation Administration (FAA) 

for an amendment to exemption no. 8625 to permit carriage of two additional non-crewmembers 

(also known as supernumeraries) on an all-freighter Boeing Model 737-400 airplane, for a total 

of four supernumeraries. The amended exemption, if granted, would provide relief from the 

requirements of§§ 25.785(j), 25.855(a), 25.857(e), and 25.1447(c)(l) of Title 14, Code of 

Federal Regulations ( 14 CFR). 

The petitioner requests relief from the following regulations: 

Section 25.785(j), at Amendment 25-88, requires, in pertinent part, that there be a firm 

handhold to enable occupants to steady themselves when moving through the aisles in 

moderately rough air. 

Section 25.855(a), at Amendment 25-93, requires that each cargo and baggage 

compartment not occupied by crew or passengers meet one of the class requirements of 

§ 25.857. 

Section 25.857(c), at Amendment 25-93 requires, in pertinent part, that when a Class E 

cargo compartment is installed on the airplane, the airplane is used for carriage of cargo 

only. 
Section 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 least 10 percent. The extra units must be uniformly 

distributed throughout the cabin as practicable. 

Related Sections of 14 CFR: 

Section 121.583(a) contains, in pertinent part, a listing of categories of persons who may 

be carried aboard an airplane in part 12 1 service without complying with all the 

requirements of part 121 pertaining to carriage of passengers. 

The petitioner supports its request with the following information: 

The following quotes, in pertinent part, the petitioner's petition, with minor edits for clarity. 

Pemco is requesting an amendment to the current exemption no. 8625 to permit carriage 

of2 additional non-crewmembers on an all-freighter airplane. This request would change 

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 associated 

instructions and warning, including signs and notifications, are the same as described 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 supply in case of depressurization is 

ensured by portable oxygen bottles installed directly adjacent to the double flightattendant seat (supernumerary). Portable oxygen masks are connected to the high-pressure 

outlet. When oxygen masks need to be used, occupants are notified by a chime and by 

lighted signs located within view. Activation of signs has not changed. 

The original Supporting Argument of exemption no. 8625 also applies to the this petition 

for amendment. 

The following paraphrases supporting arguments from the petitioner's original petition letter 

dated October 17, 2005, as that letter applied to issuance of exemption no. 8625. 

Description of the airplane 

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-medium range operations. Pemco owns supplemental 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. 

2 
Equiva lent Level of Safety 

Pemco considers that an equivalent level of safety to the parts of the requirements from 

which relief is sought is achieved by design precautions and by the introduction of 

airplane tlight manual instructions for the Pemco freighter converted airplane that are 

identical to those for the 8737-200/3 00 airplane. 

The oxygen supply and associated instructions and warn ings are identical to those for the 

B737-400 airplane. Oxygen supply in case of depressurization (as required in case of 

smoke warning in the main deck cargo compartment) is ensured by drop-down oxygen 

masks, which remains unchanged from the configuration delivered by Boeing. When 

oxygen masks need to be used, occupants are notified by a chime and by lighted signs 

located within view. These signs can be either manually activated by the flight 

crewmembers or automatically turned on by an altitude pressure switch. The masks 

automatically deploy as they would if the airplane remained in passenger configuration. 

The crew-non-flight-crew two-way communication system remains the same as delivered 

with the airplane by Boeing. Two-way communication with the cockpit is possible 

through dedicated communication panels. Other emergency equipment, as required by 

the applicable Airworthiness Standards, is also provided. Pemco believes that an 

equiva lent level of safety to the parts ofthe requirements from which relief is sought will 

be achieved by design precautions and by defining in the Pemco Flight Manual 

Supplement Limitations section the conditions under which non-flight crew persons may 

be carried. 

Both L I and R I doors and their emergency slides remain installed and active. 

Extent of the Requested Regulatory Relief 

The main purpose of this request for exemption is to permit carriage of non-crew persons 

on an all-freighter airplane. This is the reason for requesting exemption from sections 

25.855(a) and 25.857(e). Other sections from which exemption is sought are secondary to 

this one. Exemption from the aforesaid sections is sought to the following extent: 

Section 25.857(e): Relief is sought to permit carriage of two non-crew persons on an allfreighter airplane, which has a class E cargo compartment. 

Supporting Arguments 

Cargo operators need a number of support personnel for safe loading and offloading of 

cargo. Such personnel are obviously needed both at departure and destination of a cargo 

flight. It is particularly important that the cargo handlers are present upon airplane arrival 

if perishable goods or live animals are carried. The most efficient, surest, and cheapest 

way to assure their attendance at the destination airport is to transport them aboard the 

cargo flight. 

Cargo operators may have to carry cargo such as live animals, hazardous materials, or 

valuable or perishable goods, that cannot be left unattended, even for the duration of a 

flight, and the presence of personnel qualified in their handling is necessary on the 

3 
Cargo operators may have to catTy cargo such as live animals, hazardous materials, or 

valuable or perishable goods, that cannot be left unattended, even for the duration of a 

flight, and the presence of personnel qualified in their handling is necessary on the 

airplane on which they are carried. Safety and efficiency of the operation will therefore be 

enhanced. 

Cargo operators also need to have qualified personnel for operations and maintenance 

purposes at various locations. They will optimize their missions if they are 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 Airworthiness Standards, do consider carriage aboard commercial flights of 

crewmembers, including 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 emergency provisions and therefore need to be attended. 

The categories of occupants for which this exemption is sought are qualified aeronautical 

personnel. Futthermore, they are trained in the autonomous use of emergency equipment 

and emergency exit operation. The operator will also be required to allow access to these 

seats only to persons found able to perform these tasks on their own. Therefore, the assist 

space adjacent to the emergency exits required by Section 25.813(b ), while available for 

assisting the passengers in evacuating, is not necessary, because the categories of 

personnel considered will be trained for door operation and autonomous evacuation. Both 

doors are equipped with self-deploying slides. 

Pemco has previously been granted exemption no. 8057, a very similar exemption, for the 

8 737-200/-300 and wishes to have this exemption extended to cover the 8737-400 as 

well. 

Public Interest 

Pemco presents the argument that the granting of this exemption will be in the public 

interest by allowing US airlines to compete with 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 will be able to operate under 

optimal safety conditions, to render their operation more efficient, and to realize 

substantial savings in carrying their personnel from one place to another. The reasons for 

these benefits are developed in the arguments above. 

Request for Waiver of Publication 

No new design feature is introduced and the reasons presented for exemption are similar 

to those for which an exemption has been previously granted for other aircraft types. [See 

exemption no. 5864, 7799, and 8057]. Therefore, this request will not set a precedent, 

therefore Pemco requests a waiver for the publication and comment period, so that 

operators of Pemco cargo-conversion [airplane] operators can rapidly begin to reap the 

benefits of a more efficient operation. 

4 
Pemco believes that good cause exists to waive the publication and comment 

requirements of§§ 11.85, 11.87, and 11.89. In particular, we feel that the main purpose of 

this petition and the reasons presented in it are identical to those for exemptions 

previously granted by the FAA. 

Federal Register publication 

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication for public comment because the request is identical in all material respects 

to previously granted exemptions; the exemption, if granted, would not set a precedent; and any 

delay in acting on this petition would be detrimental to Pemco. 

The FAA's analysis 

The FAA partially agrees with the reasons the petitioner provides, that the number of 

supernumeraries may be increased from two to four. However, we have determined that 

additional limitations are necessary regarding the number of supernumeraries allowed to access 

the Class E cargo compartment for different types of operations. 

The FAA has previously granted exemptions for supernumerary in-flight access to the Class E 

cargo compartment, provided that certain conditions are met. These conditions have varied, 

depending on the airplane design, the number of persons involved, and the type of cargo 

permitted to be transported in the main-deck Class E cargo compartment, and the number of 

persons needed in the cargo compartment for the type of operations. We have divided access to 

the cargo compartment into three different types of operations: 

I. Carriage of live animals requiring care and attention during flight, and associated material 

only. No other cargo. 

2. Cargo only. No live animals requiring care and attention during flight. 

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

Animals shipped by air may need supernumeraries on board for their care and attention during 

flight. We have granted exemptions in the past for larger numbers of supernumeraries with 

access into the main-deck cargo compartment under cettain conditions. These conditions have 

included limiting the petmitted cargo to live animals and associated cargo only. We have 

considered that live animals are less flammable cargo than could be other cargo; therefore, we 

have allowed less-restrictive access for this type of cargo configuration. 

Regarding the second type of operation (cargo only), we have limited access into the cargo 

compartment to a maximum of three supernumeraries only. This number of supernumeraries 

should be capable of addressing the access needs for the hazardous materi als and valuable or 

perishable goods during flight. Therefore, the maximum number of supernumermies allowed into 

the Class E cargo compartment to care/attend to hazardous cargo is three. 

Concerning the third type of operation (live animals requiring care/attention during flight, and 

other cargo), we understand that this is a common operation. The addition of cargo to a liveanimal carriage operation causes additional risk of exposure from the smoke and fumes of a fire. 

5 
As the number of supernumeraries increases, and the duration of exposure increases, we must 

provide for a reasonable level of protection from smoke inhalation. Several factors are 

considered when making a determination for the acceptable level of safety in this case. Past 

industry practice, the number of supernumeraries with access, the airplane configuration, cargo 

compartment size, limited egress paths, potential cargo present, and the duration of exposure are 

all relevant factors. 

We have determined that a maximum of four supernumeraries may be allowed access into the 

main-deck Class E cargo compartment, in-flight, for operations types 1 and 3 (above) only. For 

type 2 operations, the maximum number of supernumeraries allowed access is three. 

As compared to exemption no. 8625, this amended exemption changes limitation no. 1 to allow 

up to four supernumeraries on the airplane, and adds limitation no. 10 to specify the number of 

supernumeraries who can access the Class E cargo compartment for different types of cargo 

operations. 

The FAA's decision 

In consideration of the foregoing, I find that a partial grant of amended exemption is in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40 11 3 and 44701 , 

delegated to me by the Administrator, Pemco World Air Services is hereby granted a partial 

amendment to exemption no. 8625 to provide relief from the requirements ofTitle 14, Code of 

Federal Regulations (14 CFR) 25.7850), 25.855(a), 25.857(e) and 25.1447(c)(l). The petition is 

granted to the extent required to permit type certification of Boeing Model 737-400 airplanes that 

have been converted from a passenger to a freighter configuration, with provisions for the 

caniage of up to 4 supernumeraries with limited in-flight access to the cargo compartment. The 

following limitations apply and must be documented in the limitations section of the airplane 

flight manual (AFM): 

1. Occupancy outside the flightdeck is restricted to a maximum of four persons. 

2. Supernumeraries are limited to the categories specified in 14 CFR 121.583(a)(l) 

through (7). 

3. Each supernumerary must be briefed by a flightcrew member on the use of the exits and 

emergency equipment prior to each flight. 

4. The operator must determine that each supernumerary is physically able to accomplish 

the necessary emergency procedures. 

5. Each supernumerary must be provided with a portable oxygen source with a mask 

connected to it. The supernumerary must carry this portable oxygen source whenever they 

enter the Class E cargo compartment. When not in use, the portable oxygen units may be 

located in a common area. The supernumeraries must be trained in the use of these 

oxygen units. This por1able oxygen equipment is not required if a limitation is placed in 

the AFM that prohibits the supernumeraries from being in the Class E cargo compartment 

during flight. 

6 
6. An aural and visual decompression signal must be provided to notify supernumeraries 

when to don oxygen masks. Thjs signal must be automatically activated and be 

immediately recognizable throughout the supernumerary seating area and in any 

accessible area in the Class E cargo compartment. This signal is not required to be 

recognizable in the Class E cargo compartment if a lirilltation is placed 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 included in a pre-flight briefing. 

7. An aural or visual annunciation must be installed to indicate that, during turbulence, 

persons must return to their seats. This signal must be operated by the flightcrew and be 

recognized in the supernumerary seating area and accessible areas in the Class E cargo 

compartment. This atmunciation is not required to be recognizable in the Class E cargo 

compartment if a limitation is placed in the AFM that prohibits supernumeraries from 

being in the Class E cargo compartment during flight. Appropriate procedures and 

limitations must be established to ensure that the flightcrew signals the supernumeraries 

to return to their seats at the onset of turbulence and for landing. 

8. An aural or visual annunciation must be installed to indicate that, during a fire in the 

Class E cargo compartment, persons must return to their seats and ensure 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. Appropriate 

procedures and limitations must be established to ensure that the flightcrew signals 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 supernumeraries. The preflight briefing, annunciation, and associated procedures and limitations to signal the 

supernumeraries are not required if a limitation is placed in the AFM that prohibits 

supernumeraries from being in the Class E cargo compartment during flight. 

9. There must be a placard which indicates that the smoke barrier must be secured (i.e., the 

door or curtain must be closed) when no one is in the Class E cargo compartment. The 

placard must be located in a conspicuous place in the supernumerary seating area, either 

on or next to the smoke barrier. The pre-flight briefing must inform supernumeraries of 

this requirement and whether or not they may enter the Class E cargo compartment. 

10. Main-deck Class E cargo-compartment access limitations: 

a. Supernumeraries are prohibited from being in the cargo area behind the smoke 

barrier during taxi, takeoff, and landing. The pre-flight briefing must inform 

supernumeraries of this requirement. Access to cargo compartments is limited to 

the main-deck Class E cargo compartment. 

b. Access into the main-deck Class E cargo compartment in-flight is allowed for 

only three types of operation: 

1. Carriage of live animals requiring care or attention during flight, and 

associated material only, no other cargo. The maximum number of 

supernumeraties allowed in the cargo compartment in-flight is four. 

7 
11. Operations for cargo only. No live animals requiring care and attention 

during flight. The maximum number of supernumeraries allowed in the 

cargo compartment in-flight is limited to three. 

111. Carriage of live animals, requiring care and attention during flight, and 

other cargo. The maximum number of supernumeraries allowed in the 

cargo compartment is four. 

This exemption supersedes exemption no. 8625. 

Issued in Renton Washington, on JUL 0 8 2016 

Michael Kaszycki 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service 

8