Exemption No. 10899A

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

RENTON, WASHINGTON 98057-3356

In the matter of the petition of

Jamco America Inc.

for an exemption from §§ 25.785(d), 

25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 

25.813(b), 25.857(e), 25.1447(c)(1), and 

25.1447(c)(3) of Title 14, Code of Federal 

Regulations

Regulatory Docket No. FAA-2013-0680

GRANT OF EXEMPTION

By letter dated June 23, 2015, Donald Wren, Director of Certification, Jamco America Inc., 1018 

80th Street SW, Everett, Washington, 98203, petitioned the Federal Aviation Administration

(FAA) to amend Exemption No. 10899. That exemption permitted relief from Title 14, Code of 

Federal Regulations (14 CFR) 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b),

25.857(e), 25.1447(c)(1), and 25.1447(c)(3) to allow carriage of fifteen (15) non-crewmembers 

(commonly referred to as supernumeraries) in a compartment behind the flight deck on Boeing 

Model 747-400F airplanes. If granted, the amendment would revise operational limitations to 

meet the operational needs of the operator.

The petitioner requests relief from the following regulations:

Section 25.785(d), at Amendment 25-64 – “If the seat backs do not provide a firm hand 

hold, there must be a hand grip or rail along each aisle to enable occupants to steady 

themselves while using the aisles in moderately rough air.”

Section 25.807(c)(1), at Amendment 25-67 – requires that one Type III passenger 

emergency exit be provided on each side of the fuselage.

Section 25.807(c)(5), at Amendment 25-67 – requires that at least one pair of Type III 

passenger emergency exits be provided if Type IV exits are specified but cannot be 

located over the wing.
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Section 25.809(f)(1), at Amendment 25-47 – requires that a self-supporting escape slide 

or equivalent be provided as the assist means at passenger emergency exits that are more 

than six (6) feet from the ground with all landing gear extended.

Section 25.813(b), at Amendment 25-46 – “For each passenger emergency exit covered 

by § 25.809(f), there must be enough space next to the exit to allow a crewmember to 

assist in the evacuation of passengers without reducing the unobstructed width of the 

passageway below that required for the exit.”

Section 25.857(e), at Amendment 25-60 – limits a Class E cargo compartment to 

airplanes used only for the carriage of cargo.

Section 25.1447(c)(1), at Amendment 25-41 – requires, in pertinent part, that oxygen 

dispensing units must be automatically presented to the occupants before the cabin 

altitude exceeds 15,000 feet.

Section 25.1447(c)(3), at Amendment 25-41 – requires, in pertinent part, that two 

oxygen dispensing units of a type similar to that required in § 25.1447(c)(1) be provided 

in each lavatory.

Related sections of the regulations:

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

may be carried aboard an airplane in part 121 service without complying with all the 

requirements of part 121 pertaining to carriage of passengers.

The petitioner supports the request with the following information:

This section quotes the relevant information from the petitioner’s request, with minor edits for 

clarity. The complete petition is available at the Department of Transportation’s Federal Docket 

Management System, on the Internet at http://regulations.gov, in Docket No. FAA-2013-0680.

A. Background

As currently identified in Exemption 10899, we (as the petitioner) had proposed the 

following aircraft operational Types:

A. Operations for carriage of live animals, and associated material, in the main deck 

cargo compartment requiring care/attention during flight; no other cargo on the main 

deck. For these operations the maximum number of supernumeraries on the upper deck is 

15 and the total airplane occupancy is 19. Access to the main deck Class E cargo 

compartment by a maximum of 15 supernumeraries is permitted during climb, cruise, and 

approach.

B. Operations for carriage of cargo only as originally specified in the TCDS; no live 

animal(s) or other cargo requiring care/attention during flight. For these operations the 

maximum number of supernumeraries is 6 and the total airplane occupancy is 8. No 
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access is allowed into the main deck Class E cargo compartment during any airplane 

operation.

C. Operations for carriage of cargo on the main deck cargo compartment requiring 

care/attention during flight, and other cargo. For these operations the maximum number 

of supernumeraries is 6 and the total airplane occupancy is 8. Access to the main deck 

Class E cargo compartment by a maximum of 3 supernumeraries is permitted during 

climb, cruise, and approach.

As a practical matter, operational Types B and C had already been permitted by 

previously existing approvals documented in the Type Certificate A20WE, several other 

exemptions (e.g. 10703, l870E, 6464, 7900, etc.), and Special Airworthiness Information 

Bulletin SAIB NM-09-27. As such, the limitations and conditions associated with these 

operational Types were based on those established in these previously existing approvals. 

For these types of operations, no changes to operational procedures or to aircraft 

configuration are required to operate, as long as the owner/operator complies with already 

existing guidance.

Operational limitations applicable to Type A, B, and C operations have been approved by 

the FAA as documented in exemption 10899 and are currently embodied in type design 

elements and the Airplane Flight Manual Supplement (AFMS) for STC ST02114SE 

associated with Exemption 10899.

Following 11 months of operation of the subject modified Boeing Model 747-400F Series 

aircraft, the aircraft owner/operator has provided observations and comments on the 

suitability and usefulness of Supplemental Type Certificate (STC) ST02114SE and 

Exemption 10899. These observations are that the existing operational limitations 

identified within Exemption 10899 do not completely support their planned use of the 

aircraft. This petition is one of several ongoing actions to comprehensively address all the 

owner/operator’s observations and concerns, and proposes a revised set of operational 

limitations that provide an equivalent level of safety as those documented in the existing 

Exemption.

B. Analysis and Discussion

We have analyzed the operator’s observations and comments, and have identified ways to 

amend this exemption while maintaining the same level of safety and meeting the 

operators desired operational intent.

First, we propose a change to the definition of the Type C operations, such that Type C 

operations include the carriage of live animals and are allowed with the same total 

airplane occupancy as Type A operations. As the operator often uses an airplane to shuttle 

animals and supernumeraries (grooms) back and forth, it is both impractical and unduly 

burdensome to charter an entire second aircraft to transport supernumeraries when these 

operations are no less safe with, or without, live animals in the horse containers. Also, not 

all flights may be flown in a completely full configuration with all animals loaded, so
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some flexibility is required. For instance, if 20 horses are traveling from one location to 

another, but 30 horses will return, this is a different configuration of horses and their 

associated material. This definition change will provide an equivalent level of safety as 

that provided by the existing Exemption 10899 and will significantly lower costs for the 

owner/operator.

Additionally, we propose the applicable limitations associated with Type C operations be 

amended to match those already identified for Type A operations to ensure that the 

emergency egress paths required for the increased occupancy will be maintained. This 

will ensure that both evacuation of the main deck cargo compartment to the upper deck 

while at altitude, and evacuation from the upper deck down the stairs to the LH main deck

door on the ground, will be protected and remain unimpeded for both Types A and C 

operations.

C. Proposed Amendment to Exemption 10899

Therefore, based on the analysis and discussion above, we propose to amend Exemption 

10899 from the section “FAA’s decision” as described below.

Amend the definition of the Type C operations that is currently cited in Limitation 1 to 

the following:

• Carriage of cargo or live animals requiring care/attention during flight, or 

configured for carriage of live animals, and/or other cargo. The petitioner has 

identified this as operational type C. The maximum number of supernumeraries is 

15 and the total airplane occupancy is 19. Access to the Class E cargo 

compartment by a maximum of 15 supernumeraries is permitted during climb, 

cruise, and approach.

To support this change in definition for Type C operation, we propose to also amend 

Limitations 11, 13, and 14 as follows.

For Limitation 11, we propose to amend the placard requirements for operational type C 

to match those for operational type A, since the maximum number of supernumeraries 

allowed to access the Class E cargo compartment during flight will be the same, and 

therefore all instructions and limitations should also be the same.

Amend the placard requirements for Type C operations that is currently cited in

Limitation 11 to the following:

For operational type C:

• Access to the Class E cargo compartment is limited to the care and handling of 

live animals and/or cargo requiring care/attention during flight.

• Access to the Class E cargo compartment is limited to a maximum of 15

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

when entering or leaving the cargo compartment. The smoke barrier must be 

latched open for TT&L for operational type A unless fire/smoke has been 

detected in the main deck cargo compartment. If fire /smoke has been detected in 

the main deck cargo compartment, the door may be closed if directed by the pilot 

in charge.

• A portable oxygen bottle (with mask attached) must be carried at all times when 

accessing the cargo compartment.

• Smoking is not allowed within the cargo compartment.

• The compartment must not be entered in case of fire/smoke being detected inside 

the Class E cargo compartment except during evacuation.

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

For limitation 13, we propose to amend the requirement for the minimum number of 

inertia reels required to be installed on the flight deck to support emergency egress of the 

flight crew and supernumeraries.

Amend the inertia reel requirements for all operations that is currently cited in Limitation 

13 to the following:

A minimum of eight inertia reels and harnesses must be installed on the flight 

deck for operational types B and C. In addition to the minimum eight inertia reels 

and harnesses installed on the flight deck, a minimum of 11 inertia reels and 

harnesses must be installed at a location that can be used for exiting the 

crewservice door when installed escape slide is not self-supporting on the ground. 

No flight deck door may be installed between the supernumerary compartment 

and flight deck that would prevent access to the overhead hatch and eight inertia 

reels and harnesses.

For limitation 14, we propose to amend the requirements for a stairway between the upper 

deck and the main deck for operational type C to match those for operational type A, 

since the maximum total airplane occupancy will be the same, and therefore the 

emergency egress path requirements should also be the same.

Amend the stairway requirements for Type C operations that is currently cited in 

Limitation 14 to the following in the opening sentence:

Additional requirements for a stairway between the upper deck and the main deck 

for operational types A and C:

All other limitations and conditions remain the same as in the existing Exemption 10899.
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D. Public Interest

Granting this amended exemption is in the public interest for the following reasons:

• The FAA has previously granted several exemptions for the carriage of 

supernumeraries on freighter airplanes for similar petitions.

• The owner/operator of the aircraft intends to use the aircraft to transport race horses, 

show horses, and bloodstock. These animals are very valuable, many worth over one 

million dollars each. The animals cannot be properly insured nor cared for during 

travel unless there are a sufficient number of qualified handlers on board who can 

access the animals during flight.

• The industry standard for the air transport of horses recommends one supernumerary 

(groom/handler) for every three or four horses. The safe transport of large numbers of 

horses by air requires the carriage of a commensurate number of qualified 

grooms/handlers in the main deck cargo compartment. The owner/operator has 

determined that 15 supernumeraries will provide adequate care in all cases of 

expected operation.

• The carriage of an appropriate number of animal handlers aboard an aircraft to 

monitor and to attend to the special requirements of live animal cargo, especially race 

horses and show horses, serves the public interest in raising the level of safety of the 

livestock, the airplane, the flight crew, and consequently, the public in general; 

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

increased air freight deliveries of these animals internationally.

• Other owners/operators may have a similar interest in this solution as there is clear 

economic benefit to both owners/operators as well as this installation activity and the 

overall US economy from this modification.

• Increased economic action is of clear public interest to the United States.

• The supernumeraries aboard these airplanes will not be revenue paying customers of 

commercial for hire airlines, but rather employees of the owner operator and 

specifically trained; therefore, there is no degradation to airline passenger safety and 

no detrimental impact on the public at large.

• The project in question on this Boeing 747-400F Series aircraft is a case of the special 

market in which Jamco America, Inc. works. Owners and operators require 

configurations that use interior space in ways not anticipated in the original TCDS 

configurations which, in this case include access to the main deck cargo compartment 

during flight in support of animal care. In order to satisfy the customer requirements 

and maintain our marketing competitiveness, Jamco America, Inc. seeks to 

accommodate this configuration while providing an adequate level of safety for the 

flight crew and supernumeraries.
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• Jamco America, Inc. is a growing company based in Washington that provides 

aerospace engineering, certification, and manufactured assemblies for part 25 aircraft. 

The company employs over 400 US citizens and provides strong support to the local 

economy where these employees and facilities are located. Our success in an 

extremely competitive global economy will have a significant positive impact on the 

local and regional economy.

• Granting this exemption will permit conclusion of this project, which will provide a 

significant income with positive impact on both the local and regional economies. 

This will aid both in the case of this specific project and future projects.

• Approval of these exemptions will enable this Washington company working on 

Transport Category Airplanes to effectively compete in this global market. Stability 

and improved financial performance of this Washington company gives greater job 

stability to workers employed, thereby providing a stabilizing influence to the greater 

regional and the larger US economy due to the increased consumer spending capacity 

associated with stable workers. Improved financial performance of Washington 

owned and operated corporations and increased workforce stability translates into 

continued and improved local, state, and federal tax revenues, which in turn add to the 

stability of the overall United States economy. Washington is a net federal tax 

provider, that is to say that Washington provides more federal taxes than it receives in 

federal spending, thereby serving as a stabilizing influence to federal deficits.

• Improved financial performance allows Washington corporations to continue to invest 

in Research and Development allowing the United States to maintain and improve its 

competitive position in the global economy.

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 Jamco America Inc.

The FAA’s analysis

The petitioner requested an amendment to Exemption No. 10899 to allow carriage of 15

supernumeraries with access to the Class E cargo compartment when carrying cargo or mixed 

cargo and live animals that require care or attention during flight. Exemption No. 10899 did not 

permit any cargo to be carried with live animals other than that associated with the live animals, 

and only permitted three supernumeraries to access the Class E cargo compartment when cargo 

other than live animals was present.

The addition of cargo to live-animals-carriage operation causes additional risk of exposure from 

the smoke and fumes of a fire. As the number of supernumeraries increases, and the duration of 

exposure increases, we must ensure a reasonable level of protection from smoke inhalation. Due 
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to egress concerns unique to a Boeing Model 747, with a stairway between the main deck and the 

upper deck, the petitioner proposed in the original petition to supply portable protective breathing 

equipment (PBE) that protects the wearer from smoke inhalation in addition to supplying a 

minimum of 90 seconds of air. This type of PBE provides sufficient protection from smoke 

inhalation to maintain the appropriate level of safety for the proposed increase in the number of 

supernumeraries allowed into the Class E cargo compartment with mixed cargo.

The FAA considers the petitioner’s proposal for this amendment to Exemption 10899 to be in the 

public interest because it promotes efficient air carrier operations, provides the same allowance 

as has been previously granted to other operators, and does not adversely affect the level of 

safety.

The type of operation, identified by the petitioner as Type C, will be redefined as:

Carriage of cargo or live animals requiring care or attention during flight, or configured for 

carriage of live animals along with other cargo not associated with the animals. The petitioner 

has identified this as operational Type C. The maximum number of supernumeraries is 15

and the total airplane occupancy is 19. Access to the Class E cargo compartment by a 

maximum of 15 supernumeraries is permitted during climb, cruise, and approach.

With this change, the limitations associated with Type A and Type C operations are the same in 

this amended exemption and have been combined.

The following FAA analysis is reprinted from Exemption No. 10899 with edits appropriate for 

the revised definition of Type C operations.

The FAA considers the petitioner’s proposal for the exemption to be in the public interest for the 

following reasons:

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

airplanes;

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

air cargo; and

• A significant disruption of air commerce could occur if the petition were not granted.

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 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 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 14 CFR part 25 to address 

emergency evacuation and emergency equipment for passengers and crewmembers differ.
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Because supernumeraries are not crewmembers, they must be considered “passengers” by default 

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

training and other factors. The FAA, therefore, has granted certain exemptions to allow the 

carriage of supernumeraries on cargo airplanes without compliance with all of the part 25 

standards for passengers, provided that certain other conditions are met. Those conditions have 

varied, depending on the airplane design, the nature of the proposals under consideration, and the 

number and location of persons to be carried.

Types of operations

The FAA has previously granted exemptions for in-flight access of the Class E cargo 

compartment by supernumeraries, provided that certain other 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. We 

have been reviewing the operational need for access into the Class E cargo compartment in-flight

and the number of persons needed in the cargo compartment for the type of operation. We have 

divided the access into the cargo compartment into three different types of operations:

• Carriage of live animals requiring care or attention during flight and associated material 

only, no other cargo. The petitioner has identified this as operational Type A.

• Cargo only, which does not require care or attention during flight, and no live animal(s)

requiring care/attention during flight. The petitioner has identified this as operational 

Type B.

• Carriage of cargo or live animals requiring care or attention during flight, along with

other cargo not associated with animals. The petitioner has identified this as operational 

Type C.

Each of these three types of operation are discussed below:

Operational Type A and C

All large animals being shipped by air need supernumeraries on board for their care/attention 

during flight because the carriage of large animals implies a potential risk due to the brute force 

they are capable of, which can endanger flight safety. Horses are routinely shipped by air and are 

one of the large animals that require care/attention during flight because of the brute-force issue. 

Also, these horses that are shipped by air are high-value animals, and the owners and insurance 

policies require in-flight care/attention. We understand that the industry standard for the air 

transport of horses recommends one supernumerary (groom/handler) for every three or four 

horses. We agree that this recommendation is appropriate to ensure safety of flight.

Considering the size of the 747-400F airplane, the main deck cargo compartment could contain

several dozen horses. As a result of the large number of horses or other large animals, a large 

number of supernumeraries (grooms/handlers) would be needed. We have granted exemptions in 

the past for larger numbers of supernumeraries with in-flight access into the main deck Class E 
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cargo compartment under certain conditions. These conditions have included limiting the 

permitted cargo to the large, live animals and associated cargo only. We have considered that live 

animals are less flammable cargo than other cargo, therefore, we have allowed more in-flight 

access to the cargo compartment. The petitioner has requested allowance for mixed live animals 

and other cargo. We have permitted supernumeraries access to Class E cargo compartments with 

mixed live animals and other cargo with the limitation that the supernumeraries carry portable 

PBE, as defined in § 25.1439(a), that would provide a minimum of 90 seconds of air that could 

be used if the Class E cargo compartment contains fire or smoke. (See Airbus A330 Exemption 

No. 9894, Boeing 777F Exemption No. 9779, and Boeing 747 Exemption No. 8590B.) The 

petitioner has requested a maximum of 15 supernumeraries be allowed to have in-flight access to 

the main deck Class E cargo compartment for the care of live animals and attention to other 

cargo not associated with animals. We accept the proposal for the number of supernumeraries.

For this operational Type A and C, the petitioner has requested that the maximum number of 

persons on the upper deck be 19, including the crewmembers. This number of persons on the 

upper deck is greater than what has been accepted by the FAA for the exit configuration on the 

upper deck. The petitioner has proposed that the exit and manually-deployed and automaticallyinflating escape slide on the right-hand side of the airplane be accepted for 19 persons. The exit 

is the standard exit provided on 747-400F airplanes. The escape slide is a standard option that is 

delivered with the airplane. We accept this proposal.

On the left side of the airplane, the only exit on the upper deck is the overhead hatch. For the 

overhead hatch, the assist means that has been accepted on other airplanes of this model has been 

inertia reels and harnesses for a maximum number of eight persons. The reason for the limitation 

to eight persons is the combination of the size of the overhead hatch and the number of persons 

with the inertia reels exiting the hatch. The petitioner has proposed to use the main deck entry 

door as an emergency exit. They have proposed to modify the existing main deck entry door by 

installing at least 11 inertia reels adjacent to the door. This modification includes the dooroperating markings on the inside of the airplane; interior illumination system; assist means; 

attachment point for a liferaft mooring line; and exterior markings.

In addition, the petitioner has proposed to modify the stairway installed between the main deck 

and the upper deck. The modified stairway would be designed to meet similar requirements as 

those identified in Special Conditions 25-430-SC, which are for a stairway between two 

passenger decks on the 747-8 airplane. The petitioner’s petition contains the proposed special 

conditions for the stairway. The main deck entry door for this airplane is located inside the Class 

E cargo compartment. To address additional concerns with the need to evacuate through a cargo 

compartment that may have smoke and fire, the petitioner has proposed to supply a second type 

of portable PBE, as defined in § 25.1439(a), that would provide a minimum of 90 seconds of air 

that could be used if the Class E cargo compartment contains fire or smoke. The petitioner has 

proposed PBE to be used in the event that evacuation is required out the left side of the airplane 

in combination with fire/smoke in the main deck cargo compartment, as part of their petition for 

exemption. We accept this proposal.
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Operational Type B

For this type of operation, no in-flight access to the main deck Class E cargo compartment is 

requested. This type of operation and airplane configuration is the same as that defined in 

Exemption No. 1870E. We accept the proposal and propose to grant the exemption with the same 

limitation as identified in Exemption No. 1870E with one minor change and one correction.

Since Exemption No. 1870E was issued, the FAA has been requiring a harness for each inertia 

reel installed on the airplane, whereas before we only required the harness for the 

supernumeraries. Exemption No. 1870E incorrectly identifies the crew service door on the left 

side of the upper deck as a Type I exit. This exit is the size of a Type I exit; however, this exit is 

not floor level. This exit has a step up from the floor to the exit, which is not allowed for Type I 

exits. The crew service door does qualify for a Type III exit rating. This change and correction 

are applicable to all types of operations.

Cargo-compartment alerts for operational Types A and C

The FAA has determined that three separate, distinct alerts are required in the cargo 

compartment. One distinct alert each is for decompression; smoke and fire; and turbulence. In the 

past, the FAA has accepted a single alert to address both decompression and smoke or fire events 

because the action required of the supernumeraries was the same for both events. That action 

required supernumeraries to don oxygen masks, start the flow of oxygen, then evacuate the cargo 

compartment. The FAA now determines that the time required to don an oxygen mask and start 

oxygen flow, in the event of a smoke or fire event, is best spent first evacuating the cargo 

compartment. Therefore, the FAA now requires all new certification programs to provide three 

distinct, separate alerts for these three events.

Handholds

The requirement of § 25.785(d) Amendment 25-64 for handholds 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, we concur with the petitioner that it is not 

necessary to provide dedicated handholds in the cargo compartment because it is impractical, 

provided a flightcrew-operated aural or visual signal, which is recognized in accessible areas in 

the Class E cargo compartment, is installed to indicate, during turbulence, that persons must 

return to their seats.

Type and number of exits

Sections 25.807(c)(1) and (c)(5) require, for passenger capacity of 10 to 19, a minimum of a 

Type III exit on each side of the fuselage. The Model 747-400F is equipped on the right side with 

a Type III crew service door. On the upper deck, no similar capability is provided for the left side 

of the airplane. However, an overhead hatch to the left of the centerline is located in the cockpit, 

which does comply with the flightcrew emergency-exit requirements of § 25.805. The FAA has 

accepted this overhead hatch in similar exemptions with the appropriate limitations and

equipment installations for a maximum of eight persons (six supernumeraries and two

flightcrew) on the airplane. This exit configuration would cover operational Type B, and we 
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accept this configuration with the appropriate limitations and equipment installations for a 

maximum of eight persons (six supernumeraries and two flightcrew) on the airplane.

However, this exit configuration is not acceptable for operational Type A or C. For these

operational types, additional evacuation capability is needed for the left side of the airplane. The 

petitioner has proposed to modify the existing main deck entry door by installing at least 11 

inertia reels adjacent to the door. This modification includes the door-operating markings on the 

inside of the airplane; interior illumination system; assist means; attachment point for a liferaft 

mooring line; and exterior markings. As an additional compensating feature, the petitioner has 

proposed that the stairway between the upper deck and the main deck be modified to comply 

with similar conditions as those requirements found in Special Conditions 25-430-SC, for the 

stairway for the 747-8 passenger airplane. A complete list of the petitioner’s proposed conditions 

for the stairway is found in the petition. The petitioner proposed to limit the cargo for this 

operational type to live animals and associated cargo. The associated cargo excludes from 

carriage hazardous material, the carriage of which is governed by regulations in 49 CFR part 175;

ignition sources (open flame, articles producing sparks, hot surfaces); lithium batteries;

explosives; radioactive materials; flammable liquid fuel; oxidizers; plutonium; and dry ice. This 

exit configuration would cover operational Type A and C, and the FAA accepts this 

configuration with the appropriate limitations and equipment installations for a maximum of 19 

persons (15 supernumeraries and 4 flightcrew) on the airplane.

Assist means

Section 25.809(f)(1) requires that a self-supporting slide or equivalent must be provided to assist 

the occupants in descending to the ground for each passenger emergency exit located more than 

six feet from the ground. The Model 747-400F crew-service door has an inflatable escape slide 

that is self-supporting with the landing gear extended. The overhead hatch is equipped with eight

inertia reels and eight harnesses not envisioned by this requirement but considered by the FAA to 

be adequate for use by flightcrew and “crew” in accordance with the requirements of 

§ 25.809(f)(2).

Section 25.809(f)(1)(i) requires that the assist means must be automatically deployed. The escape 

slide installed at the crew service door is manually deployed and so are the installed inertia reels.

The FAA has granted exemptions to the requirement on 747 freighter airplanes with and without

supernumeraries for many years. We agree with the petitioner’s proposal.

Section 25.809(f)(1)(ii) requires that the assist means must be automatically erected within 10 

seconds after deployment is begun. The escape slide installed at the crew-service door meets this 

requirement. The inertia reels do not erect, but have been found acceptable for this type of 

installation.

Section 25.809(f)(1)(iii) requires that the assist means 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. The escape slide 

for the crew service door is not self-supporting on the ground in all cases of gear collapse, and 

the inertia reels are too short to reach the ground in all cases of gear collapse. However, the 
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inertia reels have been demonstrated to be effective at providing safe evacuation of occupants

exiting from the overhead hatch to the ground. The inertia reels installed near the overhead hatch 

located in the flight deck have been demonstrated to be effective at providing safe evacuation out 

the crew service door, after the escape slide has been deployed and inflated, to address the 

conditions when the escape slide is not self-supporting on the ground. However, additional 

inertia reels and harnesses need to be installed in the airplane to have one inertia reel and harness 

for each of the proposed 19 occupants. The FAA notes that the petitioner is proposing to add 

these items to address this concern.

For operational Types A and C, the petitioner has proposed to install at least 11 inertia reels 

adjacent to the main deck entry door. These are the same part number inertia reels we have 

determined to be acceptable for use at the main deck entry door. The harnesses that would be 

used for this exit are the same as those installed on the upper deck adjacent to the crew service 

door and would be donned before the evacuees entered the cargo compartment. We accept this 

proposal.

Section 25.809(f)(1)(iv) requires certain performance capabilities in 25-knot wind conditions.

The crew service door escape slide is certified to meet this requirement.

Assist space

Section 25.813(b), regarding specific assist space requirements for passenger evacuations, has 

not been addressed in the 747-400F design at any of the proposed exits. However, the FAA has 

granted exemptions from this requirement for freighter airplanes with supernumeraries based on 

the additional training that is required to be provided to the supernumeraries and the required preflight briefings. Also, the airplane contains adequate space for the flightcrew to demonstrate the 

use of the inertia reels and harnesses and how to evacuate the airplane with this equipment.

Smoke penetration

In all cases, the airplane must contain suitable means of preventing smoke penetration into areas 

that are occupied. The petitioner’s design accounts for this by providing a barrier, which must 

comply with the smoke penetration requirements for the flight deck and the supernumerary 

compartment. However, the petitioner has indicated that configurations may be approved that 

will allow supernumeraries to enter the Class E cargo compartment and hence open the smoke 

barrier between the cargo compartment and the supernumerary compartment. To provide an 

appropriate level of safety, the petitioner must install a placard indicating that the smoke barrier 

is to be secured (i.e., the door or curtain must be closed) except when entering or exiting the 

cargo compartment. The placard must be located in a conspicuous place, either on or next to the 

smoke barrier. However, for evacuation, operational Types A and C have a conflict between 

having the smoke barrier closed for smoke penetration and having the smoke barrier door open 

during taxi, takeoff, and landing. In consideration of these two issues, the FAA has determined 

that the following provides an acceptable level of safety:

• The smoke barrier must be latched opened for operational Type A or C during taxi, 

takeoff, and landing unless fire or smoke has been detected in the main deck cargo 
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compartment. If fire or smoke has been detected in the main deck cargo compartment, the 

door may be closed if directed by the pilot in charge.

Another concern, associated with the supernumeraries that have access to the cargo compartment 

in-flight, is the amount of smoke, in the event of smoke or fire, that would enter into the 

supernumerary compartment and flight deck as a result of the smoke barrier being open during 

supernumerary evacuation out of the cargo compartment. This smoke issue must be considered 

when demonstrating compliance with § 25.855.

If access into the Class E cargo compartment is allowed, an aural or visual annunciation operated 

by the flightcrew, and recognized in the Class E cargo compartment, must be installed to indicate 

that persons must return to their seats and secure the smoke barrier (i.e., close the door or curtain) 

during a fire in the Class E cargo compartment. Appropriate procedures and limitations would 

need to 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 would need to 

explain this annunciation to the supernumeraries.

Use of portable oxygen equipment following annunciation of a smoke event should be at the 

discretion of the supernumeraries, depending on where the source of smoke is in relation to each 

supernumerary and the exit. Therefore, in the event of smoke being detected inside the Class E 

cargo compartment, the supernumeraries inside the Class E cargo compartment must be directed 

to immediately return to their seats and secure the smoke barrier. As necessary, the 

supernumeraries should don their oxygen mask and initiate the flow of oxygen.

Due to the way that fire in the cargo compartment is to be controlled, it is necessary to limit 

persons on board the airplane to those who the airplane operator has found to be physically fit,

and who have been briefed on the use of the emergency equipment. This limitation on the 

occupants is consistent with previous approvals and is included in this approval.

Immediately available oxygen

The petitioner indicates that configurations may be approved that will allow the supernumeraries 

to enter the Class E cargo compartment to tend to animals or hazardous cargo. To provide an 

acceptable level of safety to the “immediately available” requirement of § 25.1447(c)(1), each 

supernumerary, while in the Class E cargo compartment, must carry on their person a portable 

oxygen bottle with a mask connected to it. In addition, for the lavatories located within the main 

deck cargo compartment, the applicant proposes not to supply the automatically presented

oxygen masks required in § 25.1447(c)(3) but proposes that the portable oxygen bottle with a 

mask connected to it carried by each person entering the cargo compartment provides an 

acceptable level of safety.

Section 25.1447(c)(1) also 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. However, supernumeraries in the Class E 

cargo compartment will not have this indication. To provide an acceptable level of safety, an 

aural, automatically activated decompression signal must be present and immediately 
15

recognizable throughout the accessible areas in the Class E cargo compartment, if there is only 

one aural alert that a supernumerary may hear or is expected to respond to. If there are two or 

more alerts that a supernumerary may hear or is expected to respond to, there must be an 

automatic visual alert in addition to the automatic aural alert. Operation of this signal must be 

automatic, with flightcrew manual activation as a backup.

Supernumeraries must be trained in the location and use of the oxygen equipment, and the 

signals for its use. The oxygen units must be sized adequately for continuous and uninterrupted 

use during worst-case flight duration following decompression, or of sufficient duration to allow 

the supernumeraries to return to their seats. The portable oxygen equipment must meet the 

requirements in § 25.1443(a) or (b), or the equipment must be shown to protect the 

supernumerary from hypoxia at an activity level required to return to their seat following a rapid 

decompression to 25,000 feet cabin altitude. Additionally, the portable oxygen equipment must:

• Meet § 25.1439(b)(1), (2), and (4), and

• Be designed to prevent any inward leakage to the inside of the mask, and

• Prevent any outward leakage causing significant increase in the oxygen content of the 

local atmosphere.

Configurations may be approved for carrying cargo that does not require supernumerary access to 

the Class E cargo compartment. For these configurations, an aural decompression signal is not 

required to be recognizable in the Class E compartment if an airplane flight manual (AFM) 

limitation is established to prohibit supernumeraries from being in the Class E cargo 

compartment during flight.

Incapacitated persons in the cargo compartment

Another concern is the removal of an incapacitated person from the cargo compartment. This 

concern is increased because the access means to the main deck cargo compartment is a ladder.

Jamco America should develop some procedures for the removal of an incapacitated person from 

the cargo compartment and provide these to the operator of the airplane. This condition does not 

need to be combined with any other failure condition (i.e., only normal flight condition needs to 

be considered).

Protective breathing equipment for evacuation using the main deck entry door

Operational Type A has one condition where the evacuation is the result of smoke or fire in the 

main deck cargo compartment. To address some of the concern with the evacuees needing to 

evacuate through a cargo compartment that could be filled with smoke or fire, the petitioner has 

proposed to supply at least 11 portable PBE units as defined in § 25.1439(a).

The FAA’s decision

In consideration of the foregoing, I find that a 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 
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the Administrator, Jamco America, Inc., is hereby granted an exemption from Title 14, Code of 

Federal Regulations (14 CFR) 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), 

25.857(e), 25.1447(c)(1), and 25.1447(c)(3) to the extent necessary to allow type certification of 

Boeing Model 747-400F series airplanes with provisions for the carriage of supernumeraries. The 

following limitations apply, and limitation numbers 1-6, 7a, and 7b must be documented in the 

limitations section of the airplane flight manual (AFM):

1. A maximum of 15 supernumeraries may occupy the area just aft of the flight deck. The 

total maximum occupancy of the airplane is limited to 8 or 19 persons, including the 

flightcrew, depending on the operational type. See item 4 below.

2. The supernumeraries are limited to the categories specified in 14 CFR 121.583(a)(1) 

through 121.583(a)(7).

3. Supernumeraries are prohibited from being in the cargo area during taxi, takeoff, and 

landing. The pre-flight briefing must inform supernumeraries of this requirement.

4. Access into the cargo compartment in-flight is divided into three different operational

types:

• Carriage of live animals requiring care or attention during flight and associated 

material only, no other cargo. The petitioner has identified this as operational Type A. 

The maximum number of supernumeraries is 15, and the total airplane occupancy is 

19. Access to the Class E cargo compartment by a maximum of 15 supernumeraries is 

permitted during climb, cruise, and approach.

• Cargo only, which does not require care or attention during flight, and no live animals

requiring care or attention during flight. The petitioner has identified this as 

operational Type B. The maximum number of supernumeraries is six, and the total 

airplane occupancy is eight. No access is allowed into the Class E cargo compartment 

during any airplane operation.

• Carriage of cargo or live animals requiring care or attention during flight, or 

configured for carriage of live animals and other cargo not associated with live 

animals. The petitioner has identified this as operational Type C. The maximum 

number of supernumeraries is 15, and the total airplane occupancy is 19. Access to 

the Class E cargo compartment by a maximum of 15 supernumeraries is permitted 

during climb, cruise, and approach.

5. Prior to each flight, a flightcrew member must brief each supernumerary on the use of 

exits and emergency equipment, including evacuation instructions to inspect the ground 

to determine whether a safe landing can be achieved before using an assist means.

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

accomplish the necessary emergency procedures.

7. Supernumerary Portable Oxygen:
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a. Each supernumerary must be provided with a portable oxygen unit with a mask 

attached to it that they must carry whenever they are in the Class E cargo 

compartment.

b. The supernumeraries must be trained in the use of the oxygen equipment. The 

supernumeraries must also be trained in making the determination whether oxygen is 

being delivered to the masks.

c. The equipment must provide oxygen-flow indication. The oxygen units must be sized 

adequately for continuous and uninterrupted use during worst-case flight duration 

following decompression, or must be of sufficient duration to allow the 

supernumeraries to return to their seats where oxygen for the remainder of the 

decompression is readily accessible. The portable oxygen equipment must meet the 

requirements in 14 CFR 25.1443(a) or (b), or the equipment must be shown to protect 

the supernumeraries from hypoxia at an activity level required to return to their seats

following a rapid decompression to 25,000 feet cabin altitude. In addition, the 

portable oxygen equipment must:

• Meet § 25.1439(b)(1), (2), and (4), and

• Be designed to prevent any inward leakage to the inside of the mask, and

• Prevent any outward leakage causing significant increase in the oxygen content of 

the local atmosphere.

8. An aural, automatically activated decompression alert must be present and immediately 

recognizable in accessible areas of the Class E cargo compartment to notify 

supernumeraries when to don oxygen masks. If there are two or more alerts that a 

supernumerary may hear or is expected to respond to, there must be an automatic visual 

alert in addition to the automatic aural alert. The pre-flight briefing must include training 

in the sound of the alert, the meaning of the alert, and the response to the alert (i.e., 

procedures for donning the masks and activating the flow of oxygen).

9. A flightcrew-operated aural or visual alert, which is recognized in accessible areas in the 

Class E cargo compartment, must be installed. This aural or visual alert is to indicate that, 

during turbulence, persons must return to their seats. 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 prior to landing. The pre-flight 

briefing must explain this signal to the supernumeraries.

10. A flightcrew-activated aural or visual signal, which is recognized in the Class E cargo 

compartment, must be installed. This aural or visual signal is to indicate that, in the event 

of fire or smoke 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). Appropriate 

procedures and limitations must be established to ensure that, at the onset of a fire or 

smoke event, the flightcrew signals the supernumeraries to return to their seats and secure 
18

the smoke barrier. The pre-flight briefing must explain these signals to the 

supernumeraries.

11. A placard located in the supernumerary area, in a conspicuous location either on or 

adjacent to the smoke barrier, must indicate the following:

For operational Type A and Type C:

• Access to the Class E cargo compartment is limited to the care and handling of 

animals, cargo requiring care or attention during flight, or both.

• Access to the Class E cargo compartment is limited to a maximum of 15

supernumeraries.

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

when entering or leaving the cargo compartment during cruise. The smoke barrier 

must be latched open for taxi, takeoff, and landing for operational Type A and Type C

unless fire or smoke has been detected in the main deck cargo compartment. If fire or 

smoke has been detected in the main deck cargo compartment, the door may be closed 

if directed by the pilot in charge.

• A portable oxygen unit (with full-face mask attached) must be carried at all times 

when accessing the cargo compartment.

• Smoking is not allowed within the cargo compartment.

• The compartment must not be entered in case of fire or smoke being detected inside 

the Class E cargo compartment except during evacuation.

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

For operational Type B:

• No access to the Class E cargo compartment is allowed during any airplane operation.

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

ground operations.

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

12. Alerting requirements:

• Must be distinctive and effective.

• 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.
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• 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 minimum of 8 inertia reels and harnesses must be installed on the flight deck. In 

addition to the minimum 8 inertia reels and harnesses installed on the flight deck, a 

minimum of 11 inertia reels and harnesses must be installed at a location that can be used 

for exiting the crew-service door when the installed escape slide is not self-supporting on 

the ground. No flight deck door may be installed between the supernumerary 

compartment and flight deck that would prevent access to the overhead hatch and 8

inertia reels and harnesses.

14. Additional requirements for a stairway between the upper deck and the main deck for

operational Type A and C:

a. The stairway must be essentially straight.

b. The stairway must have essentially rectangular treads.

c. With the airplane in level attitude and in each attitude resulting from the collapse of 

one or more legs of the landing gear, the stairway must have entrance, exit, and 

gradient characteristics that allow the upper deck supernumeraries to evacuate and 

exit the airplane through the forward left main deck exit. This must be shown by 

demonstration, tests, analysis, or any combination thereof.

d. The stairway must accommodate the carriage of an incapacitated occupant from the 

upper deck to the main deck. The crewmember procedures for such carriage must be 

established and included in the AFM.

e. The stairway must be located to provide occupants an adequate descent rate under 

probable emergency conditions, including a condition in which an occupant falls or is 

incapacitated while on the stairway.

f. The stairway must be designed and located to minimize damage to its structure during 

an emergency landing or ditching.

g. General illumination must be provided so that, when measured along the center lines 

of each tread and landing, the illumination is not less than 0.05 foot-candle. This is in 

lieu of compliance with § 25.812(c), at Amendment 25-116.

h. Means must be provided to assist supernumeraries in locating the stairway in dense 

smoke conditions as part of compliance with § 25.811(c), at Amendment 25-88.

i. An emergency exit sign meeting § 25.812(b)(1)(i), at Amendment 25-116, must be 

provided in the upper deck near the stairway, visible to supernumeraries on the upper 

deck as required by § 25.811(d)(1), at Amendment 25-88.
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j. Floor proximity lighting, required by § 25.812(e), at Amendment 25-120, must be 

provided along the stairs.

k. The stairway must have a handrail on at least one side to allow occupants to steady 

themselves during foreseeable conditions, including, but not limited to, gear collapse 

on the ground and moderate turbulence in-flight. The handrail(s) must be constructed 

with no obstruction on them that causes the user to release their grip or hinder the 

continuous movement of the hands along the handrail. Handrail(s) must be terminated 

in a manner that will neither interfere with occupants walking by nor create a hazard 

(such as catching clothing). The petitioner must demonstrate that the design can 

accommodate the stature of a fifth-percentile female and a ninety-fifth-percentile 

male.

l. The public-address system must be intelligible in the stairway during all flight phases.

m. “No smoking” and “return to seat” signs must be installed and visible in the stairway 

both going up and down and at the stairway entrances.

n. During any flight operation where more than eight persons are on the flight, the stair 

must remain installed between upper and main decks during the entire flight.

15. The existing main deck entry door must be modified to function as an emergency exit by 

installing at least 11 inertia reels adjacent to the door. This modification includes the 

door-operating markings on the inside of the airplane; interior illumination system; assist 

means; attachment point for a liferaft mooring line; and exterior markings.

16. A minimum of 11 portable protective breathing equipment (PBE) units, as defined in 

§ 25.1439(a), and which will provide a minimum 90-second breathing supply, must be 

installed such that they are readily accessible to the supernumeraries to aid in evacuation 

in the event of smoke. The supernumeraries must be trained in the use of the portable 

PBE.

Note: The briefings and associated procedures in limitations 8, 9, and 10 to alert the 

supernumeraries in the Class E cargo compartment are not required if an AFM limitation is 

established to prohibit supernumerary access to the Class E cargo compartment during flight.

Issued in Renton Washington, October 30, 2015.

/s/ Michael Kaszycki

Michael Kaszycki

Acting Manager, Transport Airplane Directorate

Aircraft Certification Service