& . 

Diivid McDonald 

Aeronautical Engineers, Inc. vp Operations 

February 17,2012 

U.S. Department of Transportation -

Docket Management System -^ : • 

400 T"* Street SW ;;j > 0 

Room PL 401 -:' 3 

Washington, DC 20591-0001 "^ ^" ^ 

Attention Transport Airplane Directorate 

RE: Request For Exemption From FAR 25.813 For Freighter Aircraft 

To Whom It May Concern, 

Aeronautical Engineers, Inc. (AEI), 7765 NW 54*'' Street, Miami, FL, 33166, petitions 

the Federal Aviation Administration (FAA) for an exemption from §25.813(b) of Title 14 Code 

of Federal Regulations (14 CFR) for McDonnell Douglas Model MD-80 series (-81,-82,-83, & -

88) and MD-90 series passenger airplanes converted to freighter airplanes (MD-80SF and MD90SF, respectively). AEI has previously requested exemptions from certain FARs for the 

purpose of carrying supernumeraries upon aircraft converted to freighter configuration by AEI 

Supplemental type Certificate. See Exemption No. 10358. 

The petitioDer requests relief from the following regulation: 

Section 25.813(b), Amendment 25-88, requires that each emergency exit addressed by 

§25.810(a) have adjacent assist space. 

Supporting information: 

AEI holds numerous Supplemental Type Certificates for modification of transport 

aircraft. AEI holds STC ST01827LA which allows conversion of Boeing 737-300/400 aircraft to 

a freighter with a Class E main deck cargo compartment. A similar Exemption has been 

approved for the B737 converted freighter; see Exemption 9722. AEI is developing a similar 

freighter conversion STC for the MD-80 and MD-90 series aircraft. Some operators of AEI 

freighters need to be able to carry supernumeraries to assist with special cargo such as: (i) 

valuable cargo requiring security; (ii) perishable cargo; (iii) fragile cargo; or, (iv) live cargo 

requiring special attention before, during, or after loading to ensure its safe delivery. The interest 

of the petitioner is in providing a level of safety for the crew, supernumeraries, cargo and aircraft 

that will allow operators of AEI converted MD-80/90 freighters to meet the needs of their 

clientele. 

7765 Northwest 54'^' Street Phone 305-594.5802 v/ww.aeronautical-engineers.com 

Miami, Florida 33166 U.S.A. Fax 305.594.5804 dmm@aeronaytical-engineers.com 
& > 

David McDonald 

Aeronautical Engineers, Inc, ^'P Operations 

1. Per the revisions of Section 121.583 covering the persons that may be carried on this 

airplane, all persons will have special training, including proper methods for egress from the 

airplane, use of emergency equipment, and flight operations associated with controlling fires in 

Class E cargo compartment. 

2. Limitations will be imposed on the aircraft operator to find that all occupants are 

physically able to use the escape means provided. 

3. There are no flight attendants who would normally utilize the required assist space. 

Therefore, the lack of assist space adjacent to the emergency exits will not lower the level of 

safety in an emergency egress situation. 

Request for AVaiver of Public Comment 

AEI requests waiver of the normal public comment process since this request is 

substantially similar to those already granted to other freighter STC holders and because the 

granfing of this pefifion v^ll not create new precedent. See e.g. Exemption No. 8248 

Public Interest 

The carriage of an appropriate number of attendants aboard an aircraft to monitor and to 

attend to the special requirements of valuable, fragile, perishable, or live animal cargo, serves the 

public interest in raising the level of safety of the cargo, the airplane, the flight crew, and 

consequently, the public in general. In addition, these exemptions will enhance the utility of the 

aircraft thereby helping to reduce shipping costs, which will in turn be in the public interest. 

This exemption, therefore, serves the public interest for safety reasons and also for 

increased airfreight utility, both domestically and internationally and consistent commercial 

operations among all AEI freighter operators. 

AEI respectfully requests that this petition be granted. 

Sincerely, 

David M. McDonald 

VP Operations 

7765 Northwest 54^*^ Street Phone 305,594.5802 www.aeronautical-engineers.com 

Miami, Florida 33166 U.S.A. Fox 305.594.5804 dmm@aeronautical-engineers.com 
Exemption No. 10358 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the petition of 

Aeronautical Engineers, Inc. 

for an exemption from §§ 25.785(j), 

25.812(e), 25.855(a), 25.857(e), 

25.1447(c)(1), and 25.1449 of Title 14. 

Code of Federal Regulations 

Regulatory Docket No. FAA-2010-n81 

PARTIAL GRANT OF EXEMPTION 

By letter dated May 10, 2011, Mr. David McDonald, VP, Aeronautical Engineers, Inc. (AEI), 

7765 NW 54^^ Street, Miami, FL, 33166, petitioned the Federal Aviation Administration (FAA) 

for an exemption from §§ 25.785(j), 25.812(e), 25.855(a), 25.857(e), 25.1447(c)(1), and 25.1449 

of Title 14, Code of Federal Regulations (14 CFR) for Boeing Model DC-9-81 (MD-81), DC-9-

82 (MD-82), DC~9-83 (MD-83), DC-9-87 (MD-87), MD-88, and MD-90-30 series passenger 

airplanes converted to freighter airplanes. The proposed exemption, if granted, would allow 

carriage of six non-crewmembers (commonly referred to as supernumeraries) in an area just aft 

of, and outside, the flight deck on these freighter airplanes. The maximum occupancy for these 

freighter airplanes is nine persons, including the flightcrew and the observer. 

The petitioner requests relief from the following regulations: 

Section 25.785(j), at Amendment 25-88, requires handholds to enable passengers to 

steady themselves when moving about the cabin, in the event the airplane encounters 

moderately rough air. 

Section 25.812(e), at Amendment 25-116, requires that floor-proximity, emergencyescape-path markings must provide emergency-evacuation guidance for passengers. 

Section 25.855(a), at Amendment 25-116, requires that cargo compartments must meet 

one of the class requirements of §25.857. 
Section 25.8S7(e), at Amendment 25-93, requires that, when a Class E cargo 

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

Section 25.1447(c)(1), at Amendment 25-116, requires that oxygen-dispensing units must 

be automatically presented to the occupants before the cabin altitude exceeds 15»000 feet. 

The total number of dispensmg 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, and two oxygen masks must be located in each lavatory. 

Section 25.1449 requires that the crew is able to determine that oxygen is being delivered 

to the dispensing imit. 

Related sections of 14 CFR: 

Section 121.583(a) contains a listing of categories of persons who may be carried aboard 

an airplane in part 121 service without complying with all of the requirements of part 121 

pertaining to carriage of passengers. 

Section 121.547 contains a listing of categories of persons who may be admitted to the 

flight deck during operation. 

The petitioner supports its request with the following information: 

This section quotes the relevant information from the petitioner's request. The complete petition 

^ is available at the Department of Transportation's Federal Docket Management System, on the 

hitemet at http://regulations.gov, in Docket No. FAA-2010-1181. 

§ 25.785(j), Amendment 25-88, requires there to be a firm handgrip or rail for persons 

using the aisles during moderately rough flight. The exemption from § 25.785(j) is 

necessary as hand holds are not available in this area. In addition, the supernumerary seats 

will be adjacent to the emergency exit doors (LI and Rl), so handholds are not necessary. 

§ 25.812(e), Amendment 25-116, requires floor proximity emergency escape path 

lighting. The exemption from § 25.812(e) will allow trained supemimieraries to occupy 

the Supernumerary Area diunng taxi, takeoff, flight, and landing. This area is in the 

immediate proximity of the forward emergency exits. Smce the supemimieraries will be 

trained on emergency procedures, including emergency egress, and immediately adjacent 

to the cxitSy the lack of additional lighting will not adversely affect safety. 

§ 25.855(a), Amendment 25-116, requires that cargo compartments must meet one of the 

class requirements of § 25.857. AEI's conversion results in the main deck being classified 

as a Class E cargo compartment. Exemption from 14 CFR 25.855(a) is requested as this 

CFR requires any cargo compartment to comply with a designated classification of § 

25.857 which would exclude the carriage of supernumeraries in the area forward of the 
9G bulkhead. The 9G bulkhead also frinctions as a smoke barrier between the main cargo 

compartment and the Supernumerary Area and cockpit. 

§ 25.857(e). Amendment 25-93, defines the attributes of a Class E cargo compartment, 

and mandates that a Class E cargo compartment may not be on any airplane other than 

one utilized exclusively for the carriage of cargo. The exemption from § 25.857(e) will 

allow for up to [6] supernumeraries on the afrcraft who are otherwise prohibited from 

being present on an aircraft with a Class E cargo compartment. 

§ 25.1447(c)(1), Amendment 25-116, requfres, in pertment part, that oxygen masks must 

be inunediately available to each seated occupant, be automatically deployed with manual 

backup, and exceed in number the quantity of seats by ten percent, with the extra units 

distributed evenly throughout the cabm. The exemption from § 25.1447(c)(1) will 

mandate an equivalent level of safety for supernumeraries in the Supernumerary Area by 

requiring portable oxygen bottles that will be mounted within reach of the 

supemimieraries while in their seats. These bottles will meet the requirements of 

§ 25.1447(c)(1), excluding the requirement that the number of oxygen units must exceed 

the number of seats by at least ten percent. Smce the supernumeraries will be trained in 

emergency procedures and will be within reach of a portable oxygen bottle at all times, an 

equivalent level of safety is maintained without having an additional 10 percent supply 

cushion. 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 Sheet (TCDS) A6WE, will be 

complied with. § 25.1447(c)(1) also requires two self presenting oxygen masks in each 

lavatory. The AEI MD-80SF/MD-90SF will not have a permanently enclosed lavatory, so 

this requirement is inapplicable. 

§ 25.1449 requires that the pilots be able to determine there is oxygen being delivered to 

the dispensing unit. To the extent that § 25.1449 requires the crew to be able to determine 

if oxygen is being provided to the portable bottles being utilized by the supernumeraries, 

AEI also seeks exemption from compliance with this CFR as it is technically and 

commercially infeasible to comply with the requirements of § 25.1449. Supemumeraries 

will be trained to confirm oxygen flow using the equipment provided. 

AEI holds numerous Supplemental Type Certificates for modification of transport 

au-craft. AEI holds STC STOl 827LA which allows conversion of Boemg 737-300/400 

aircraft to a freighter with a Class E main deck cargo compartment. A similar Exemption 

has been approved for the B737 converted freighter; see Exemption 9722. AEI is 

developing a similar freighter conversion STC for the MD-80 and MD-90 series aircraft. 

Some operators of AEI fireighters need to be able to carry supernumeraries to assist with 

special cargo, such as valuable cargo requhing security and/or perishable, fragile, or live 

cargo requiring special attention to ensure its safe delivery. The interest of the petitioner 

is in providing a level of safety for the crew, supemumeraries, cargo and aircraft that will 

allow operators of AEI converted MD-80/90 freighters to meet the needs of their 

clientele. 
The FAA-approved Aircraft Flight Manual (AFM) will contain a supplement with the 

operating limitation restricting the carriage of occupants accommodated to those defined 

by § 121.583 who have been trained for such duties. In addition, an FAA-approved 

training plan will be initiated to instmct the supemumeraries in the prohibition against 

smoking, and procedures m equipment use relating to fire suppression, ditching, and 

emergency evacuation. In addition, the Supernumerary Area will meet the following 

safety requirements: An automatically activated visual and aural decompression signal 

immediately recognizable throughout the cabin area will be provided to automatically 

notify supemumeraries when to don oxygen. Flight crew activated, lighted, "Fasten Seat 

Belt" signs will be provided that are visible to the supemumeraries while in the 

supernumerary area to wam the supemumeraries to return to their seats and fasten 

seatbelts. A standard aircraft intercom/public address (PA) system will be retained and 

the PA system will be audible within the Supernumerary Area. Two-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 supernumerary seats. Finally, the 

following placards will be provided: 

• No Smoking Signs; 

• External Door Operating Instmctions; 

• Emergency Slide or Rope Operating Instructions; 

• External Door Exit Marking; 

• Warning requfring the smoke barrier door to remain closed during flight, and; 

• Warning prohibiting persons in the Class E compartment during flight. 

Request for Waiver of Public Comment 

AEI requests waiver of the normal public comment process since this request is 

substantially similar to those aheady granted to other freighter STC holders and because 

the granting of this petition will not create new precedent. 

Public Interest 

The carriage of an appropriate number of attendants aboard an aircraft to monitor and to 

attend to the special requirements of valuable, fragile, perishable, or live animal cargo, 

serves the public interest in raising the level of safety of the cargo, the airplane, the flight 

crew, and consequently, the public in general. In addition, these exemptions will enhance 

the utility of the aircraft thereby helping to reduce shipping costs, which will in turn be in 

the public mterest. 
This exemption, therefore, serves the public interest for safety reasons and also for 

increased airfreight utility, both domestically and internationally and consistent 

commercial operations among all AEI fireighter operators. 

AEI respectfully requests that this petition be granted. 

Federal Register publication 

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

publication because the exemption, if granted, would not set a precedent, and any delay in acting 

on this petition would be detrimental to Aeronautical Engineers, Inc. 

The FAA's analysis 

The FAA considers the petitioner's proposal to be in the public mterest for the follov/ing reasons: 

• These supemumeraries are seen as a benefit to airplane safety and efficient operations of 

air cargo; 

• A significant dismption of air commerce could occur if the petition were not granted; and 

• The FAA has granted several exemptions for the carriage of supernumeraries on freighter 

airplanes. 

The petitioner has requested relief primarily from the requirements of § 25.857(e), which permits 

carriage of only cargo when a Class E cargo compartment is installed on the airplane. Class E 

cargo compartments are usually remote from the flightdeck and comprise the entire interior of the 

airplane. The means of controlling fires that might occur in the cargo compartment is to starve 

the fire of oxygen. This is accomplished by depressurizing the airplane and maintaining an 

altitude that will not support combustion. For this reason, only crewmembers are permitted on 

board such airplanes. The petitioner is requesting that supernumeraries be located in an area aft 

of the flightdeck. 

The certification regulations for transport-category airplanes address airplane occupants as being 

either "crew" or "passengers." Due to differences in training, physical capabilities, and other 

factors (such as familiarity with the airplane), the means required by part 25 to address 

emergency evacuation, and emergency equipment for passengers and crewmembers, differ. 

Because supemumeraries are not crewmembers, they must be considered "passengers" by default 

with respect to part 25. However, supemumeraries do hold a special status because of their 

training and other factors. 

The purpose of the handholds requirement in § 25.785(j) at Amendment 25-88, is to ensure that 

occupants have a means to steady themselves in moderately rough air while traversing the main 
aisles of typical passenger airplanes. On the proposed airplane, an acceptable level of safety will 

be provided by tiie flightcrew-activated, lighted, "Fasten Seat Belt" signs and the "Return to 

Seat" signage in the supernumerary area. This visual-alert system enables the crew to indicate, at 

the onset of turbulence, that supemumeraries must return to their seats. The visual alert must be 

recognized in accessible areas of the airplane and indicate, during turbulence, that persons must 

return to their seats. 

The petitioner requested an exemption from § 25.812(e), at Amendment 25-116, requiring floorproximity, emergency-escape-path marking in the passenger areas of the airplane. During the 

evaluation of this petition, the FAA determined that the original certification basis for the Boeing 

Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83). DC-9-87 (MD-87), and MD88 series airplanes did not include Amendment 25-58, which codified the requirements for floorproximity, emergency-escape-path marking. The FAA determines, therefore, that an exemption 

to this regulation is not required for these models. 

The MD-90-30 does mclude § 25.812(e) in its certification basis, and because of the limited area 

aft of the flightdeck and its immediate proximity to the forward emergency exits, the lack of the 

floor-proximity, emergency-escape-path marking will not adversely impact the safety of the 

supemumeraries. 

The petitioner has requested an exemption from § 25.855(a). The FAA has previously granted 

exemptions for carriage of supernumeraries, 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 supemumeraries involved. Due to the way that fire in the cargo 

compartment is to be controlled, it is necessary to limit supernumeraries on board the airplane to 

those who have been found physically fit by the operator and have been briefed on the use of 

emergency equipment. This limitation on the supemumeraries is consistent with previous 

approvals and will be included in this approval. Also, the airplane must be equipped with suitable 

means of preventing smoke penetration into occupied areas. The petitioner's design accounts for 

this by providing a barrier, consisting of a smoke barrier for the supemumeraries located aft of 

the flight deck, which must comply with the smoke-penetration requirements of § 25.855. 

The FAA considers that the supemumeraries should have an oxygen system that is comparable to 

that of passengers. However, taking into account the extra knowledge and training that these 

persons wiU have, it is not necessary that an equivalent system be installed. Section 

25.1447(c)(1) requires automatic presentation of the oxygen-dispensing units. For seated 

passengers in typical passenger airplanes, the automatic presentation of masks throughout the 

cabin indicates the need to don an oxygen mask. Supemumeraries on the petitioner's cargo 

airplanes will not have this indication. For an acceptable level of safety to be provided, an 

automatically activated aural and visual decompression signal must be immediately recognizable 

throughout the supernumerary seating area. Operation of this signal must be automatic, with 

flightcrew manual action as a backup. Supernumeraries must be trained regarding the location 

and use of the oxygen equipment, and the alerts that indicate the need to don oxygen equipment. 

The oxygen units must be sized adequately for continuous and uninterrupted use during worstcase flight duration following decompression. 
The combination of the aural and visual alert, along with the supernumerary training, compensate 

for the supernumerary seating-area oxygen masks not being automatically presented. 

Section 25.1447(c)(1) also requires 10 percent extra oxygen masks. The intent is that these masks 

will be used by flight attendants or children sitting on passengers' laps. Since neither will be onboard the airplane, installing 10 percent extra oxygen masks is not required. 

The oxygen units must stiU meet the intent of § 25.1449, which states that the airplane must be 

equipped with a means for the crew to determine whether oxygen is being delivered to the 

dispensing units. The FAA has determined that both training the supemumeraries in making this 

determination, and providing oxygen flow indication on the oxygen equipment, would be 

acceptable means of compliance. 

Note that this exemption does not provide relief, beyond that expficitly stated, from applicable 

airworthiness requirements. This exemption discusses specific regulations that must be met for 

approval of the proposed design but does not discuss all the applicable regulations. 

The FAA's decision 

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

Therefore, pursuant to the authority contained in 49 U.S.C. 40113 and 44701, delegated to me by 

the Administrator, Aeronautical Engineers, Inc., is hereby granted a exemption firom 

14 CFR 25.785(j), 25.812(e), 25.855(a), 25.857(e), and 25.1447(c)(1) to tiie extent necessary to 

allow type certification of Boeing Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD83), DC-9-87 (MD-87), MD-88, and 2V^-90-30 series airplanes with provisions for the carriage 

of supemumeraries. The following conditions and limitations apply, and procedures related to 

items 1 through 5 and 7 through 9, below, must be documented m the Limitations Section of the 

Airplane Flight Manual: 

1. A maximum of six supemumeraries may occupy the area aft of the flight deck and 

forward of the 9G bulkhead. The total maximum occupancy of the airplane is limited to 

nine persons, including the flightcrew (two on-duty flightcrew members, one observer, 

and up to six off-duty flightcrew members, or supemumeraries). 

2. The supemumeraries are limited to the categories specified in §§ 121.583(a)(1) 

through 121.583(a)(7). 

3. Supemumeraries are prohibited from being in the cargo area during any flight operation. 

The pre-flight briefing must inform supemumeraries of this requirement. 

4. Prior to each fhght, a flightcrew member must brief each supernumerary on the use of 

exits, including instructions to inspect the ground to determine whether a safe landing can 

be achieved before using an assist means and emergency equipment. 

5. The operator must determine that each supernumerary is physically able and trained to 

accomplish the necessary emergency procedures. 
6. Supemumeraries Supplemental Oxygen: 

Locations and Use: 

Supplemental oxygen equipment with a mask connected to it must be located so each 

occupant can put on the mask and activate oxygen flow while seated. 

Design Requirements: 

a. The units must provide oxygen-flow indication. 

b. The oxygen units must be sized adequately for continuous and unintermpted use 

during worst-case flight duration following decompression. 

7. Oxygen-unit Use: 

The supernumeraries must be trained in the use of the oxygen units. The supemumeraries 

must also be trained in making the determination whether oxygen is being delivered to 

the dispensing units. 

8. Decompression Alert: 

An automatically activated aiu'al and visual decompression alert must be provided and 

immediately recognizable throughout4he supernumerary seating area to notify 

supemumeraries when to don oxygen masks. The pre-flight briefing must include training 

in the meaning of the alert, and the response to the alert (i.e., procedures for donning the 

mask and activatmg the flow of oxygen). 

9. Turbulence Alert: 

A flightcrew activated visual alert, which is recognized in the supernumerary seating area, 

must be installed to indicate that, in the event of turbulence, or predicted turbulence, 

persons must return to their seats. Appropriate procedures and limitations must be 

established to ensure that, at the onset of turbulence, the flightcrew alerts the 

supemumeraries to return to their seats. The pre-flight briefing must explain these alerts 

to the supemumeraries. 

10. Emergency Lighting and Exits: 

For the exits designated for supernumerary use, emergency lighting must provide 

adequate illumination at the ground end of the assist means, where an evacuee would 

normally make first contact with the ground, with the airplane m each of the attitudes 

corresponding to the collapse of one or more legs of the landing gear. 
11. Placards: 

Placard(s) located outside of the cargo compartment in a conspicuous location, either on 

or adjacent to the smoke barrier door, must indicate the following: 

• Do not occupy the Class E cargo compartment. 

• The smoke barrier must be secured (i.e., the door must be closed). 

• Smoking is not allowed. 

The pre-flight briefing must inform supemumeraries of these requirements. 

12. Alerting requirements: 

• Must be distinctive and effective. Alerts must distinguish between decompression 

and turbulence. 

• Visual alerts must be visible from all occupant locations and orientations, during 

all expected operational conditions, including a rapid decompression where 

moisture in the air may condense. 

• Aural alerts must be loud enough to be heard during all expected operational 

conditions, including a rapid decompression where the ambient noise level will 

increase. 

13. A standard airplane public-address (PA) system must be installed. It must be audible 

throughout the supernumerary seating area. 

14. An interphone system must be installed that provides two-way communication between 

the supernumerary seating area and the flight deck, and is within reach of at least one of 

the supemumeraries at his or her seat. This system must be independent of the PA system, 

except for handsets, headsets, microphones, selector switches, and signaling devices. 

Issued in Renton Washington, on SEP 1 3 2011 

AliBahrami 

Manager, Transport Airplane Directorate 

Aircraft Certification Service