FAA Atlanta 24th Oct 2014

Subject: Petition for Exemption Reference: FAA Project Number ST14446AT-T Dear Mr. Avella,

VT Mobile Aerospace Engineering, Inc. (VT MAE) is the applicant for a mu ltiple airplane Supplemental Type Certificate for conversion of Boeing 757-200 passenger airplanes to a 15- Unit Load Device (ULD) position (15- P) freighter configuration under FAA Project Number ST 14446AT-T. VT MAE expects issuance of STC by October 15, 2014. The purpose of this letter is to petition for an exemption from the requirements of certain sections of Title 14, Code of Federal Regulations (14 CFR), Part 25, to allow carriage of non crewmembers, or ‘supernumerary’ personnel, in a compartment within the reconfigured flight deck on the converted airpl anes. Supernumeraries will be restricted to those persons complying with § 121.583 (a)(1) through (a)(8). VT MAE requests that the publication and comment procedures be waived in accordance with § 11.29 and § 11.87 for the following reasons: i. Sim ilar exem ptions have been issued by the FAA for STC ST03562AT (VT MAE 757- 200SF), Boeing 757-200PF & STC ST01529SE (Precision Conversions’ 757-200PCF) ii. Granting this petition would not set a precedence **DESCRIPTION OF CONVERSION** The main features of the intended conversion from the passenger aircraft configuration include: (a) Installation of a side-opening main deck cargo door (MDCD) and its surround structure. The MDCD design is based on that used in the VT MAE 757-200 Com bi Freighter (STC ST03952AT) construction. (b) Installation of a 9g rigid cargo barrier (RCB) at approximately STA 335, identical to that in the Boeing 757-200PF “package freighter (“PF”)” design, providing separation between the flight deck and the m ain deck cargo compartment.Page 2

(c) Installation of a vendor-developed main deck cargo loading sy stem (CLS) to accomm odate 15 industry -standard 88 X 125 contoured ULDs, such as the International Air Transport Association (IATA) SAA container, on the main deck, using a floor track sy stem based on, and modified from, the incom ing passenger aircraft main deck seat track installation, similar to the Boeing 757- 200PF “package freighter” design. (d) Accommodation for six in the flight deck, with two pilots and two observers being accommodated within the original flight deck layout of the incoming passenger configuration aircraft (with observers on bulkhead-mounted seats), and two supernumerary personnel located just forward of the RCB, identical to the Boeing 757-200PF package freighter configuration. (e) Installation of a new crew entry door (CED), identical to that of the Boeing 757-200PF, centered at approxim ately

STA 311 on the left-hand side of the fuselage forward of the RCB, in place of the forward passenger and service doors existing on the incom ing passenger configuration ai rcraft. (f) Structural modifications related to the installation of the MDCD, CED, RCB, and CLS, including, but not necessarily

limited to, the floor and fuselage monocoque (skinframe- stringer) structures. (g) Sy

stems modifications related to the air conditioning , communications, electrical power, fire protection, flight controls, hydraulics, indicating and recording, lighting, pitot-static (navigation), oxy gen, as well as water and waste handling, based on the 14- P special freighter design, to enable the main deck cargo compartment to meet the Class E cargo compartment classification requirem ents, with a one-mi nute sm oke detection sy stem. (h) Interior modifications and installations related to side-wall and ceiling liners, new flight deck lavatory and em ergency equipm ent. (i) Retention of all certificated flight performance as well as weight and balance lim itations (m axim umtaxi weight, maximum take-off weight, maximum zero fuel weight, maximum landing weight and centre of gravity range) of the incoming passenger configuration aircraft. (j) Dam age tolerance based structural maintenance inspections featuring a mi nimumof 20,000 cycles since modification for initial threshold for new structures, and no less than 3,000 cycles between inspections using detail visual inspection as basis, for modified, new and affected structures, to be listed as Airworthiness Lim itation Item s in the Maintenance Planning Data docum ent and its supplem ent.Page 3 Figure 1

– Overview of Post-Conversion VT MAE 757-200 15- P Freighter

Figure 2

– Post-conversi on Flight Deck LayoutPage 4 This petition seeks relief from the requirements of the following sections of 14 CFR, for the 15P conversion:

 § 25.785(j), Amendment 25-88,Seats, berths, safety belts, and harnesses

 § 25.807(g)(1)(i)(1), Amendment 25- 114, Emergency Exits

 § 25.810(a)(1), Amendment 25- 114, Emergency egress assist means and escape routes

 § 25.812(e), Amendment 25- 128, Emergency Lighting

 § 25.813(b)(1)(6), Amendment 25- 128, Emergency Exit Access

 § 25.857(e), Amendment 25-93, Cargo Compartment Classification

 § 25.1445(a)(2), Amendment 25-0, Equipment Standards for the Oxygen Distributing System

 § 25.1447(c)(1), Amendment 25- 116, Equipment Standards for Oxygen Dispensing Units **The following information is provided to support this petition** : To date, there have been ma ny passenger-to-freighter conversions being carried out by the industry a nd the reconfigured flight deck layout design has accumulated a considerable satisfactory service history. In accordance with § 121.583, all persons that may be carried on the flight deck will have special training, which includes proper methods for egress from the airplane and use of em ergency equipment. Limitations will be im posed on the airplane operator to find that all occupants are physically able to use the escape means provided. When supernumeraries are carried, they will be briefed prior to each flight as to the location and use of the em ergency egress equipm ent and the supplemental oxygen equipment. Supernumeraries are also prohibited from being in the cargo area during any

flight operation. These limitations will be included as part of the Airplane Flight Manual Supplement (AFMS) similar to that of STC ST03562AT. The RCB sliding door will be closed and locked prior to taxi and will not be opened again for access to the cargo area until the airplane has parked at its destination. Steps will also be taken to ensure that no one is in the cargo area prior to the locking of the sliding door before taxi. Occupancy of the flight deck area of the 15P-configured airplan e is lim ited to a total of six (6) persons, which will consist of supernumeraries as defined by §1 21.583 (a)(1) through (a)(8), andPage 5

personnel permitted on the flight deck as defined by §1 21.547. This lim itation will be included in the AFMS similar to that of STC ST03562AT. The AFMS will include a requirement for the flight crew to brief supernumeraries on use of the escape provisions prior to each flight. **§ 25.785(j)** , Am endment 25-88, “If the seat backs do not provide a firm handhold, there must be a handgrip or rail along each aisle to enable persons to steady themselves while using the aisles in moderately rough air.” **Justification:** Hand holds are not available in the flight deck area due to the space constrain. The configuration of the flight deck a rea with the supernumerary seats’ backs attached on the RCB as shown in Figure 2 does not permit using the seat back as the traditional handhold. The lack of handhold is identical to that of VT MAE 757-200SF supernumerary area configuration. A Petition for Exemption was submitted by VT MAE in connection with the VT MAE 757- 200SF with regards to the equivalent § 25.785(d) at Am endm ent 25-32, and this resulted in FAA Grant of Exemption No. 9487. The flight crew area is limited to the use of operator assign ed supernumeraries or flight crew (not public passenger) as described by §1 21.583 (a)(1) through (a)(8) and/or § 121.547 who have higher level of training and knowledge of the flight deck area layout. There will also be a recommendation to supernumeraries to remain seated with their seat belts fastened. Therefore, an acceptable level of safety is provided. **§ 25.807(g)(1)(i)(1),**  Am endm ent 25- 114, “25.807(g)(1): For a passenger seating configuration of 1 to 9 seats, there must be at least one Type IV or lar ger overwing exit in each side of the fuselage or, if overwing exits are not provided, at least one exit in each side that meets the minimum dimensions of a Type III exit. 25.807(i)(1): Ditching emergency exits for passengers. Whether or not ditching certi fication is requested, ditching emergency exits must be provided in accordance with the following requirements, unless the emergency exits required by paragraph (g) of this section already meet them:Page 6 (1) For airplanes that have a passenger seating configur ation of nine or fewer seats, excluding pilot seats, one exit above the waterline in each side of the airplane, meeting at least the dimensions of a Type IV exit. **Justification:** Flight deck is equipped with a left hand crew entry door (22" x 56"), with a step- up inside the aircraft of 10 inches. Th is meets the size requirement of a Type III door for the LH side of the aircraft. T he RH side of the aircraft does not have a Type III door. However, the right hand flight deck window will be modified to be ope nable from the outside to serve as a flight crew em ergency

exit. Both exits are above the waterline, and will be equipped with ropes to serve as escape means. Recommended evacuation procedures will be briefed to the supernumeraries prior to each flight. S ince the supernumeraries have a higher level of training and knowledge of the airplane configuration than a typical passenger, an acceptable level of safety is provided. The sam e exemption wasg ranted to the Boeing Package Freighter certified under TCDS A2NM, using Exemption No. 4808, and to Precision Conversions’ PCF (STC ST01529SE), using Exemption No. 8258, using the same justifications. **§ 25.810(a)(1)**  , Am endm ent 25- 114, “(a) Each non over -wing Type A, Type B or Type C exit, and any other non over -wing landplane emergency exit more than 6 feet from the ground with the airplane on the ground and the landing gear extended, must have an approved means to assist the occupants in descending to the ground. (1) The assisting means for each passenger emergency exit must be a self -supporting slide or equivalent; and, in the case of Type A or Type B exits, it must be capable of carrying simultaneously two parallel lines of evacuees. In addition, the assisting means must be designed to meet the following requirements-- (i) It must be automatically deployed and deployment must begin during the interval between the time the exit opening means is actuated from inside the airplane and the time the exit is fully opened. However, each passenger emergency exit which is also a passenger entrance door or a service door must be provided with means to prevent deployment of the assisting means when it is opened from either the inside or the outside under nonemergency conditions for normal use. (ii) Except for assisting means installed at Type C exits, it must be automatically erected within 6 seconds after deployment is begun. Assisting means installed at Type C exits must bePage 7 automatically erected within 10 seconds from the time the opening means of the exit is actuated. (iii) It must be of such length after full deployment that the lower end is self -supporting on the ground and provides safe evacuation of occupants to the ground after collapse of one or more legs of the landing gear. (iv) It must have the capability, in 25-knot w inds directed from the most critical angle, to deploy and, with the assistance of only one person, to remain usable after full deployment to evacuate occupants safely to the ground. (v) For each system installation (mockup or airplane installed), five consecutive deployment and inflation tests must be conducted (per exit) without failure, and at least three tests of each such five-test series must be conducted using a single representative sample of the device. The sample devices must be deployed and inflated by the system's primary means after being subjected to the inertia forces specified in Sec. 25.561(b). If any part of the system fails or does not function properly during the required tests, the cause of the failure or malfunction must be corrected by positive means and after that, the full series of five consecutive deployment and inflation tests must be conducted without failure.” **Justification:** The crew entry door (CED), which is also used as an em ergency exit, will not incorporate a self-supportin g, automatically deployed and erected slide. In place of such a device, inertia reel descent devices will be installed in close proximity to the CED, in addition to an escape rope provision directly above the CED upper sill, which will be used in an em erge ncy l anding event. Such inertia reel descent devices have been previously permitted for use in Boeing 757-200PF & 767-300F airplanes. I ncorporating inertia reel descent devices and harnesses will provide a means of emergency egress at the crew entry door which is common to that of the Boeing 757-200PF & 767-300F. The use of such inertia reels and harnesses provide at least an equivalent level of safety to that provided by an escape slide. A flight deck evacuation procedure will be included in the Airplane Flight Manual Supplement for the use of ropes / lan yards when exiting the airplane through the flight deck windows. The Supplement will also include the requirements for the specific techniques for em ergency egress to be briefed to non -crew occupants before each flight. Placard (s ) , to indicate the usage of the inertia reel devices, will be installed next to the inertial reel devices. The sam e exem ption, using inertia reel descent devices, was granted to the Boeing Package Freighter certified under TCDS A2N M, using Exemption No. 4808A, and to Precision Conversions’ PCF (STC ST01529SE), using Exemption No. 8258, with the same justifications.Page 8 **§ 25.812(e)**  , Am endm ent 25- 128, “Floor proximity emergency escape path marking must provide emergency evacuation guidance for passengers when all sources of illumination more than 4 feet above the cabin aisle floor are totally obscured. In the dark of the night, the floor proximity emergency escape path marking must enable each passenger to-- (1) After leaving the passenger seat, visually identify the emergency escape path along the cabin aisle floor to the first exits or pair of exits forward and aft of the seat; and (2) Readily identify each exit from the emergency escape path by reference only to markings and visual features not more than 4 feet above the cabin floor.” **Justification:** FromF igure 2, the configuration of the converted Boeing Model 757-200 in the flight deck area does not provide floor proximity emergency lightings, as required by § 25.812(e). The proxim ity

of the two supernumeraries to the emergency exits, via the left hand Crew Entry Door and the right hand flight deck window, provides a level of safety that would not be enhanced by

the installation of floor proximity em ergency l ightings. In addition, s upernumeraries have a higher level of training and knowledge of the em ergency exit layout than the typical passenger. Hence, the configuration of the flight deck area provides an acceptable level of safety for the supernumeraries. The absence of floor proximity e me rgency exit path ma rking is identical to the configuration of STA Mobile 757-200SF. A Petition for Exem ption was submitted by STA Mobile for STA Mobile 757-200SF and resulted in FAA Partial Grant of Exem ption (No. 9487). In Exemption No. 9487, Th e FAA had granted the exemption based on the same justifications described above. The same exem ption was granted to Precision Conversions’ PCF (STC ST01529SE), using Exemption No. 8258, based on the same justifications. **§ 25.813(b)**  , Am endm ent 25- 128, “Adequate space to allow crewmember(s) to assist in the evacuation of passengers must be provided as follows: (1) Each assist space must be a rectangle on the floor, of sufficient size to enable a crewmember, standing erect, to effectively assist evacuees. The assist space must not reduce the unobstructed width of the passageway below that required for the exit. (6) There must be a handle, or handles, at each assist space, located to enable the crewmember to steady himself or herself: (i) While manually activ ating the assist means (where applicable) and,Page 9 (ii) While assisting passengers during an evacuation.” **Justification:** The configuration of the flight area does not provide an assist space adjacent to each exit, due to the space constrain within the flight deck. However, since the supernumeraries will have a higher level of training than a typical passenger, they will have no need for crew assistance. In addition, in the relatively sm all confines of the flight deck area, the flight crew can easily provide i nstructions and some physical assistance to the supernumeraries, if needed. The absence of an assist space adjacent to each exit is identical to the configuration of VT MAE 757-200SF. A Petition for Exem ption was submitted by VT MAE for VT MAE 757-200SF and resulted in FAA Partial Grant of Exemption (No. 9487). In Exemption No. 9487, The FAA had granted the exemption based on the same justifications described above. The same exemption was granted to the Boeing Package Freighter certified under TCDS A2NM, using Exemption No. 4808, and to Precision Conversions’ PCF (STC ST01529SE), using Exemption No. 8258. **§ 25.857(e)**  , Am endm ent 25-93, “(e) Class E. A Class E cargo compartment is one on airplanes used only for the carriage of cargo and in which-- (1) [Reserved] (2) There is a separate approved smoke or fire detector system to give warning at the pilot or flight engineer station; (3) There are means to shut off the ventilating airflow to, or within, the compartment, and the controls for these means are accessible to the flight crew in the crew compartment; (4) There are means to exclude hazardous quantities of smoke, flames, or noxious gases, from the flight crew compartment; and (5) The required crew emergency exits are accessible under any cargo loading condition.” **Justification:** 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 com partm ent is to starve the fire of oxygen. This i s accomplished by d epressurizing the airplane and ma intaining an altitude that will not support combustion. For this reason, passengers are not permitted on board such airplanes. The two observers & two supernumeraries, that the converted airplane is desig ned to accommodate, will be located in the flight deck between the flight crew seats and the rigid cargo barrier (RCB) that separatesPage 10 the flight deck and the new Class E cargo com partm ent. This configuration is similar to that of the Boeing Package Freighter certified under TCDS A2NM. The FAA has previously granted exemptions for carriage of persons in addition to crew on freighter airplanes, provided that certain other conditions are met. These conditions have varied, depending on the airplane design and the number of persons involved. In all cases, there must be suitable means of preventing smoke penetration into areas that are occupied. The current design accounts for this by p roviding a barrier which mu st comply with the smoke penetration requirements for the flight deck, in the form of the RCB. Placards are installed on the barrier to indicate that the barrier is to be secured and that no personnel are allowed into the Class E cargo compartment during flight. The sam e exem ption, for the permission of accommodating such supernumeraries in an airplane containing a Class E cargo compartment, was granted to Precision Conversions’ PCF (STC ST01529SE), using Exemption No. 8258. **§ 25.1445(a)(2)**  , Am endm ent 25-0, “When oxygen is supplied to both crew and passengers, the distribution system must be designed for either -- (1) A source of supply for the flight crew on duty and a separate source for the passengers and other crewmembers; or (2) A common source of supply with means to separately reserve the minimum supply required by the flight crew on duty.” **Justification:** There is no means to separate the means of oxygen to reserve the mi nim ums upply required by th e flight crew as the supernumeraries occupy the sam e flight deck area as the flight crew. Since the two supernumeraries are co- located within the enlarged cockpit, they can communicate directly and receive instructions from the flight crew. Moreover, the common oxygen cylinder is able to supply sufficient supplemental em ergency oxyg en for up to six occupants for an ETOPS duration of up to 120 minutes. The absence of the ability to separate the oxygen supply for the flight crew use is identical to that on the Boeing 757-200 Package Freighter certified under TCDS A2NM and the Precision Conversions’ PCF (STC ST01529SE). In Exemption No. 8258, The FAA had granted the exemption based on the same justifications described above.Page 11 **§ 25.1447(c)(1)**  , Am endm ent 25- 116, “There must be an oxygen dispensing unit connected to oxygen supply terminals immediately available to each occupant wherever seated, and at least two oxygen dispensing units connected to oxygen terminals in each lavatory. The total number of dispensing units and outlets in the cabin must exceed the number of seats by at least 10 percent. The extra units must be as uniformly distributed throughout the cabin as practicable. If certification for operation above 30,000 feet is requested, the dispensing units providing the required oxygen flow must be automatically presented to the occupants before the cabin pressure altitude exceeds 15,000 feet. The crew must be provided with a manual means of making the dispensing units immediately available in the event of failure of the automatic system.” **Justification:** The two supernumeraries will have two quick-donning type masks similar to the flight crew that are not automatically presented. However, the high level of training of the supernumeraries and the aural warning system will allow the flight crew to command the supernumeraries to don the masks, providing an adequate level of safety to all occupants. T he lavatory will also be outfitted with a portable walk around oxygen bottle equipped with an oxyg en mask. This area will not be utilized for takeoff and landing. The absence of the automatic presentation of the dispensing units for oxygen use is identical to the configuration of VT MAE 757-200SF. A Petition for Exem ption was submitted by VT MAE for VT MAE 757-200SF and resulted in FAA Partial Grant of Exem ption (No. 9487). In Exemption No. 9487, The FAA had granted the exemption based on the same justifications described above. The same exem ption was granted Precision Conversions’ PCF (STC ST01529SE), using Exemption No. 8258, based on the same justifications. **Evaluation of Public Interest:** The presence of trained personnel on board the airplane when cargo is carried will enhance flight safety, which is in the public interest. Granting this exemption will enhance the utility of the airplane for the operator by ensuring that needed cargo ma nagem ent personnel will be available at each flight destination. This will reduce shipping costs and transit time, which is in the public interestPage 12 As Boeing 757-200 passenger airplanes are converted into 15P-configured airplanes, airlines will replace them with new passenger airpl anes which meet newer 14 CFR Part 25 Amendments. Over tim e, this will have the effect of raising the safety level of the passenger airline fleets, which is in the public interest. **Petition for Exemption** Based on the information provided, VT MAE, hereby petitions for exemption from the following sections of 14 CFR Part 25 for Boeing 757-200 passenger airplanes converted to a 15P configuration under FAA STC Project ST14446AT-T to allow the carriage of supernumeraries in the flight deck area :

 § 25.785(j), Am endm ent 25-88,Seats, berths, safety belts, and harnesses

 § 25.807(g)(1)(i)(1), Amendment 25- 114, Emergency Exits

 § 25.810(a)(1), Amendment 25- 114, Emergency egress assist means and escape routes

 § 25.812(e), Amendment 25- 128, Emergency Lighting

 § 25.813 (b)(1)(6), Amendment 25- 128, Emergency Exit Access

 § 25.857(e), Amendment 25-93, Cargo Compartment Classification

 § 25.1445(a)(2), Amendment 25-0, Equipment Standards for the Oxygen Distributing System

 § 25.1447(c)(1), Amendment 25- 116, Equipment Standards for Oxygen Dispensing Units VT MAE respectfully requests favorable FAA consideration of this petition.

Sincerely,

**Kumaresan SUBRA MA** **NIA M**  **Engineering Director VT Mobile A** **erospace Engineering, Inc. Office:**  (251)436-0186 **E -** **mail:** Kum aresan .SUBRAMANIAM @vtmae.com