Exemption No. 10899 A

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 exempt ion 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

- 20 1 3

- 0680

GRANT OF EXEMPTION

By letter date d June 23, 2015
, Donald Wren
, Director of Certification, Jamco America I nc. , 1018 80 th 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 o n each side o f 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.2 Section 25.80 9 ( f )(1), at Amendment 25

- 47

– requ ires 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

a irplanes 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 occupa nts 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 section s 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 passenger s.
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 Federa l Docket Management System, on the Internet at http://regulations.gov , in Docket No. FAA

- 201 3

- 0680

.

A. Background

As currently identified in Exemption 1 0899, we (as the petitioner) had proposed the following aircraft op erational 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 supe rn umeraries is permitted during climb, cruise, and approach.

B. Operations for carriage of cargo only as originally specif ied 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. No3 access is allowed into the main deck Class E cargo compar t me nt 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 occupan cy 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 docum ented in the Type Certificate A20WE, several other exemptions (e.g. 10703, l870E, 6464, 7900, etc.), and Special Airw ort hiness 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.

Oper ational 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 wi th 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 thei r planned use of the aircraft. This petition is one of several ongoing actions to comprehensivel y 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 opera tor ’ 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 t hat 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 fo rt h, it is both imprac tical and unduly burdensome to charter an entire second aircraft to transpor t 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 configurati on with all animals loaded, so4 some flexibility is required. For instance, if 20 horses are traveling from one location to another, but 30 horses will return, this i s a different configuration of horses and their associat ed material. This definition change will provide an equivalent level of safety as that provided by the existing Exemption 1 0899 and will significantly lower costs for the owner/operator.

Additionally, we propose the applicable limitations associated with Type C operations be amended to matc h 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 A m end m ent to Exe m ption 10899

Therefore, based on the analysis and discussion abo ve, we propose to amend Exemption 1 0899 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

con figured 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 ai rp lane occupancy is 19 . Access to the Class E cargo
compar tment 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
, 1 3, and 1 4 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 compa rt ment during flight will be the same, and therefore all instructions and limitations sh ould 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 li v e animals and /

o r cargo requiring care/attention during flight.

• Access to the Class E cargo compartment is limited to a maximum of 15 supernumeraries.5 • The smoke barrier must be secured (i.e., the door or curtain must be closed) except when entering or leaving the cargo co mpartment. The smoke barrier must be latched open for T T&L for operational ty pe 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 directe d by the pilot in charge.

• A portable o xy gen 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 o f these requirements.

For limitation 1 3, 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 supernu meraries.

Amend the inert ia reel requirements for all operations that is currently cited in Limitation 13 to the following:

A minimum of eight inertia reels and harness es must be installed on the flight deck f o r oper ational 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 f or exiting the crewservice door when instal led escape slide is not self

- supporting on the ground. No flight deck door may be installed between the s upernumerary compartment and flight deck that would preve n t access to the overhead hatch and eight inertia

r eels a nd har n esses.
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, a nd 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 bet ween 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 1 0899.6 D. Public Interest

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

• 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 transp ort race horses, show horses, and bloodstock. The se 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 ind ustry standard for the air transpo rt of horses recommends one supernumerary (groom/handler) for every three or four horses. The safe transp ort 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 t o 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 exe mption serves the public interest for safety reasons and also for increased air fre ight 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/opera tors 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

com mercial 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 m ain deck cargo co mpartment 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 s afety for the flight crew and supernumeraries.7 • Jamco America , Inc. is a growing company based in W ashington that provides aerospace engineering, certification, and manufactured assemblies for part 25 aircraft. The company employs over 400 US citizens and p rovides 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 per mit 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 thi s Washington company working on Transpo rt 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 stabiliz ing influence to the greater regional and the larger US economy due to the increased consumer spending capacity associated with stable workers. Imp roved financial performance of W ashington owned and operated corporations and increased workforce stability t ranslates into continued and improved local, state, and federal tax revenues, which in turn add to the stability of the overall Uni ted States economy. W ashington is a net federal tax provider, that i s to say that W ashington provides more federal taxes than it receives in federal spending, thereby serving as a stabilizing influence to federal deficits.

• Improved financial performance allows W ashington corporations to continue to invest in Research and Development allowing the United States to maintain and imp rove 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 E xemption 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 liv e 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 add itional 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. Due8 to egress concerns unique to a Boein g M odel 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 minimu m 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 co nsiders t he petitioner’s proposal for this amendment to E xemption 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 n ot 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 operation al T ype 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 supernume raries is permitted during climb, cruise, and approach.

With this change, t he limitations associated with Type A and Type C operations are the same in this amended e xemption 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 compartme nts 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 certific ation regulations for transport category airplanes address airplane occupants as being either “ crew ” or “ passeng ers. ” 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.9 Beca use 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 exempti ons 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 o perations

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 permitte d to be transported in the main deck Class E cargo compartment. We have been reviewing the operational need fo r 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 anim als requiring care or attention during flight and associated material only, no other cargo. The petitioner has identified this as operation al T ype A.

• Cargo only
, which does not require care or attention during flight, and no live animal (s) requiring care/a ttention during flight. The petitioner h as identified this as operational T ype B

.

• Carriage of cargo or live animals requiring care or attention during flight
, along with other cargo not associated with animals

. The petitioner h as identified this as operati onal T ype C

. Each of these three types of operation are discussed below :
Operation al T ype 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 po tential 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 t hat 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

- 400 F 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 (groom s /handler s ) would be needed. We have granted exemptions in the past for larger numbers of supernumeraries with in

- flight access into the main deck Class E10 cargo compartment under certain conditions. Th ese conditions have included limiting the permitted cargo to the large, live animals and associated cargo only. W e have considered that live animals are less flammable cargo than other cargo , t herefore, we have allowed more in

- flight

a ccess to the cargo co mpartment. 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 port able PBE, as defined in § 25.1439(a), that would provide a minimum of 90 seconds of air that could be used if the C lass E cargo compartment contains fire or smoke

. (See Airbus A330 Exemption No. 9894, Boeing 777F Exemption No. 9779, and Boeing 747 Exemptio n 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 p roposal for the number of supernumeraries.

For this operational T ype 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 th e exit c onfiguration on the upper deck. The petitioner has proposed that the exit and manually

- deployed and automatically

inflating 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 air plane. We accept this proposal.

On the left side of the airplane, the only exit on the upper deck is the overhead hatch. For the overhe ad 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 hat ch 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 door

operating 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 pro posed 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 S pecial C onditions 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 C lass E cargo compartmen t 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 a ccept this proposal.11 Operational T ype 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 E xemption N o. 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 instal led on the airplane
, w here as 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 applica ble to all types of operations.

C argo

- compartment alerts for operational T ypes 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 event s . That action required supernumeraries to don oxygen masks, start the flow of oxygen, then evacuat e 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 certifi cation 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 imp ractical, provided a flightcrew

- operated aural or vis ual 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 n umber of e xits

Section s 25.807(c)(1) and (c)(5) require , for passenger cap acity 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. Howeve r, 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 limitation s and equipment installations for a maximum of eight persons ( six supernumeraries and two flightcrew) on the airplane

. This exit configuration would cover operation al T ype B, and we12 accept this configuration with the appropriate limitations and equipment instal lations for a maximum of eight persons ( six supernumeraries and two flightcrew) on the airplane.

However, this exit configuration is not acceptable for operation al T ype A or C

. For th ese operational type s , additional evacuation capability is needed for th e left side of the airplane. The petitioner has propo sed 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 ; interio r illumination system ; assist means; attachment point for a liferaft mooring line ; and exterior markings. As a n additional compensating feature , the petitioner has proposed that the stairway between the upper deck and the main deck be modified to comply wi th similar conditions as those requirements found in S pecial C onditions 25

- 430

- SC
, for the stairway for the 747

- 8 passenger airplane. A complete list of the petitioner’s propose d conditions for the stairway is found in the petition

. The petitioner proposed to limit the cargo for th is operational type to live animals and associated cargo. The associated cargo exc ludes from carriage hazardous material
, the carriage of which is governed by regulations in 49 CFR p art 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 operation al T ype A and C
, and the FAA accept s this configuration with the a ppropriate limitations and equipment installations for a maximum of 19 persons (15 supernumeraries and 4 flightcrew) on the airplane.

Assist m eans
Section 25.809(f)(1) requires that a self

- supporting slide or equivalent must be provided to assist the occup ants in descending to the ground for each passenger emergency exit located more than six feet from the ground. The Model 747

- 400F c rew

- 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 esc ape 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 esc ape 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

- supporti ng 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, the13 inertia re e ls have been demonstrated to be effective at providing safe evacuation of occupants exiting from the overhead hatch to the ground. The inertia reels installed ne ar the overhead hatch located in the flight deck have been demonstrated to be effective at providi ng safe evacuation out the crew service door
, aft er the escape slide has been deployed and inflated
, to address the conditions when the escape slide is not se lf

- supporting on the ground. However, additional inertia reels and harness es 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 T ype s A and C
, the petitioner has proposed to install at least 11 ine rtia reels adjacent to the main deck entry door. T hese are the same part number inertia reels we have determined to be acceptable for use at the m ain deck entry door. The harness es 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 d onned 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. T he crew service door escape slide is certified to meet this requirement.

Assist s pace
Section 25.813(b)
, regarding specific assist space requirements for passenger evac uations, 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 pre

flight briefings. Also, the airplane contains adequate space for the flight crew to demonstrate the

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

Smoke penetration

I n 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, w hich must comply with the smoke penetration requirements for the flight d eck 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 s upernumerary compartment. T o 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 T ype s A and C ha ve a conflict between having the smoke barrier closed for smoke penetration and having the smoke barrier door o pen during taxi, takeoff, and landing

. In consideration of these two issue s, the FAA has determined that the following provide s an acceptable level of safety:

• The smoke barrier must be latched opened for operational T ype A or C during taxi, takeoff, and la nding unless fire or smoke has been detected in the main deck cargo14 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 supernum eraries that have access to the cargo compartment in

- flight , is the amount of smoke , in the event of smoke or fire, th at would enter into the supernumerary compartment and flight deck as a result of the smoke barrier being open during
supernumerary evacuat ion 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 Cl ass 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 portabl e 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 initiat e 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 emergen cy 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 th e Class E cargo compartment to tend to animals or hazardous cargo. T o 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 perso n 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 present ed oxygen masks required in § 25.1447(c)(3) but propose s t hat 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 autom atic presentation of the oxygen

- dispensing units. For seated p assengers 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 l evel of safety, an aural, automatically activated decompression signal must be present and immediately15 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 expec ted 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 man ual 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 follo wing decompression
, or of sufficient duration to allow the supernumeraries to return to their seats

. T he 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 a t 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 :

• M eet § 25.1439(b)(1), (2), and (4) , and

• B e designed to prevent any inward leakage to the i nside of the mask
, and

• P revent 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. Fo r these configurations, an aural decompression signal is not required to be recognizable in the Class E compartment if an a irplane f light m anual (AFM) limitation is established to prohibit supernumeraries from being in the Class E cargo compartment during flight.

Incapacitated p ersons 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 sh ould develop some procedures for the removal of an incapacitated person from the cargo compartment and provide these to the operator of the airplane. T his condition does not need to be combined with any other failure condition (i.e., only normal flight con dition needs to be considered).

Protective breathing equipment for evacuation using the main deck entry door

O peration al T ype 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 by16 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 ), 25.8 09 ( 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

- 400 F series airplanes with provisions for t he carriage of supernumeraries. The following limitations a pply
, 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 f light deck. The total maximum occupancy of the airplane is limited to 8 or 19 persons, including the flight crew , depending on the operation al type

. See item 4 below.

2. The supernumeraries are limited to the categories specified in 14 CFR 121.583(a)(1) throug h 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 diff erent 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 operation al Type A. The maximum number of supernumeraries is 15
, and the total a irplane 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 animal s requiring care or a ttention during flight. The petitioner has identified this as operation al T ype B

. The maximum number of supernumeraries is six
, and the total airplane occupancy is eight

. No access is allowed into the C lass 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 operation al T ype C

. The maximum number of supe rnumeraries 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 o n the use of exits and emergency equipment , including evacuation instructions to inspect the ground to determine whether a safe landing can be achiev ed 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:17 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. T he 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 dur ation to allow the supernumeraries to return to their seats where oxygen for the remainder of the decompres sion is readily accessible. T he portable oxygen equipment must meet the requirements in 14 CFR 25.1443(a) or (b)
, or the equipment must be shown to protect the supernumer aries from hypoxia at an activity level required to return to their seat s following a rapid decompression to 25,000 feet cabin altitude

. In addition , the portable oxygen equipment must :

• M eet § 25.1439(b)(1), (2), and (4 ), and

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

• P revent any outward leakage causing signifi cant 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 oxyge n 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 sea ts 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 limitati ons 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 secure18 the smoke barrier. The pre

- flight briefing must explain these signals to the supernumeraries.

11. A pl acard located in the supernumerary area, in a conspicuous location either on or adjacent to the smoke barrier
, must indicate the following :
For operational T ype A and T ype C :

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

an imals
, 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 lea ving the cargo compartment during cruise. The smoke barrier must be latched open for taxi, takeoff, and landing for operational T ype A and T ype 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 T ype B :

• N o ac cess to the Class E cargo compartment is allowed during any airplane operation

.

• T he 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 requirem ents.

12. Alerting requirements :

• M u st be distinctive and effective

.

• V isual alerts must be visible from all occupant locations and orientations, during all expected operational conditions
, including a rapid decompression where m oisture in the air may condense

.19 • A ural alerts must be loud enough to be heard during all expected operational conditions
, including a rapid decompression where the am bient noise level will increase

.

13. A minimum of 8 inertia reels and harnesses must be installed on the flight deck. In additi on 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 c an be used for exiting the crew

- service door when the ins talled escape slide is not self

- support ing on the ground. No flight deck door may be installed between the supernumerary compartment and flight deck that would prevent access to the overhea d hatch and 8 inertia reels and harnesses.

14. Additional requirements for a stairway between the upper deck a nd the main deck for operational T ype 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 chara cteristics that allow the upper deck supernumeraries to evacuate and exit t he 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 durin g 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 Amendm ent 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 provi ded in the upper deck near the stairway
, visible to supernumeraries on the upper deck as required by § 25.811(d)(1), at Amendment 25

- 88.20 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 obst ruction on them that cause s 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 n or create a hazard (such as catc hing clothing). The p etitioner must demonstrate that the design can

accommo date the stature of a fifth

- perce ntile female and a ninety

- fifth

- percentile male.

l. The public

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

m. “ No smokin g ” 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 p rocedures in limitations 8, 9
, and 10 to alert the supernumeraries in the Class E cargo compartment are not required if an AFM limitation is establ ished to prohibit supernumerary access to the Class E cargo compartment during flight.

Issued in Renton Washi ngton , October 30, 2015.

/s/ Michael Kaszycki

M ichael Kaszycki Acting Manager, Transport Airplane Directorate Aircraft Certification Service