### UN JTED STATES OF AMERICA DEPARTME NT OF TRANSPORTATION FE DERAL AVIATION ADMINISTRATION 

### RENTON, WASHINGTON 98057-3356

I n 

### the matter of the petition of Exe mption No. 11179

Aeronautical Engineers, Inc. Regulatory Docket No. FAA-2014-0636 for an exemption from §§ 25.7850). 25.812(e), 25.855(a), 25.857(e), 25. 1447(c)(l), a nd 25.1449 ofTitJe 

### 14. Code of Federal Regulations

GRANT OF EXEMPT IO N 

### By letter dated August 22, 20 14, 

### Mr. David 

### M. McDonald, Vice President/General Counsel, Aeronautical Engineers, Inc .. 7765 Northwest 54 111 

### Street, M i ami, florida. petitioned the 

### Federal Aviation Administration (FA/\) 

### for an 

### exemption from the requirements of§§ 25.785U). 25.812(e), 25.855(a) , 25.857(e), 25.1447(c)(l), and 25.1449 ofTitle 14. Code ofFedernl Regulations ( 14 CFR) for Bombardier Model CL-600-28 19 passenger airplanes converted to fre ighter ai rplanes. The original petition reques t ed that up to tJu·ce non-c rewmcmbers (co mmo nl y referred to as s upernumerarie s) be allowed to be carried in an area between 

### th e llight deck and the forward cargo bulkhead. llowe ver, the petitioner claritied in writing on November 

### 6. 2014, that their design allows for two supernumerary seats in the area between the flight deck and the forward cargo bulkhead and the 

### third supernumerary would occupy lhe observer scat 

### in the flight deck. Therefore, this exemption. if granted would pem1it the caJTiage of up to two (2) 

### supernumeraries in an area between the flight deck and the f orward cargo bulkhead. The maximum occ upan cy for these freighter airplanes is five persons, including th e flightcrew and the observer. The petitioner 

### requests re li ef from 

### the following regulations: 

### Section 25.785(j), at Amendment 25-88. requires handbolds to enable passengers to steady U1emselves whe n moving about the cabin, in the event the airplane encounters moderately rough air

.S ection 25

. 812 (e), at Am e ndm e nt 25-11 6, req uires that floor proximity. emergency escape-path markings must provide emergency evacuation guidance for passengers. Section 25.855 {a), at A mendm e nt 2 5- 116

. requires that cargo compartments must meet one of the class requirements of§ 25.857

. S ection 25.857 (e) , at Amendme nt 25

- 93 , req uires that, w h en a C lass E cargo t:ompartmen t is insta ll ed on the airpl a ne. th e airp lane mus t be used for ca n·iagc of cargo on l y. S ection 25.1447 (c)(l) , at Amendment 25-116 , requires that oxygen-dispen sing units mu st be automatica lly presented to the occupants before the cabin a ltitude exceeds l 5,000 feet. The total number of d i sp e nsi ng uni ts an d out lets m ust exceed the n u m ber o f scats by at least I 0 perce nt. T he extra units m ust be u niform ly d i strib u ted th roug h out the cabi n as pract icab le, and two oxygen masks must be located in each lavatory. Section 2 5

. 1449 , requ ires t h at the crew is able to detem1ine that oxygen is being de li vered t o the d is pe nsing uni t. 

### Related s ection s of 14 C FR : Section 121.583(a) contains, in pertinent part. a listing of categories of persons who may be carried aboard an airplane in 

### pa11 I 21 service without comp lying with 

### a ll of the req u irements of part 121 pertaining to carriage or passengers. Section 121. 5 47 contains, in pert inen t part. a listing of categories of persons who may be admitted to the tlight deck during operation. 

### The p e titioner s upp o rt s it s reques t with the followin g informati o n : This

**~ec ion**  quotes the re levant informaticm from the p et itioner 's request , with minor edits for clarity. The complete petition is availab le at the Department of Transportation' s federal Docket Management System. on the Internet at hltp: // regulations.gov, in Docket No. FAA-20 14

- 0636

. Section 25.7850), Amendment 25-88, requires there to be a firm handgrip or rail for persons using t he aisles during modcratdy rough flight. The exemption f rom §25

.785U) is necessary as hand holds are no t available in this area. Section 25.812(e), Amendment 25-116. require s floor proximity emergency escape path lighting. The exemption from §25.8 12(e) 

### will allow trained supernumeraries to occupy the Supernumerary Area during taxi , tnkcoff, flight. and landing. This area is in the immediate proximity of the forward emergency

**~xits.** Since the supernumeraries will be trained on emergency procedures, including emergency egress. and will be located immediatel) adjacent to the exits. the lack of additional lighting will nnt adversely affect safety

')Sec ti on 25.855(a). Amendment25-ll6. requi r es that cargo compmtmcnts must meet one of the class requirements of§ 25.R57. 

### AEI's co nversion results in the main deck being classified as a C lass E cargo co mpatiment. Exe mption from 14 CPR 25. 8 55(a) is requ ested as thi s FAR requi res any cargo co mpartment to t:o mpl y with a des ignat ed classificati on of25.857 which would ex clude the caniage of s up e rnumerarie s 

### in the area forwar d of the 90 lf orwa rd cargo] bulkhead. The forward cargo bu lk head also functions as a smoke barri er between th e main cargo co mp artment and the Supernum erary A rea a nd cockpit. Sectio n 25.857(e). Amendment 25-93. defines th e attrib ut es of a C lass E cargo compattment, and mandates that a C lass E ca r go co mpartme nt ma y n o t be on an y airplane other than o ne utili zed exc lusi ve ly f o r the caniagc o f cargo. The exe mption from 25.857(e) will allow for up to thre e 

### (J) s up e rnumerades on t he airc ral't w h o are oth etwise prohibited from bein g pre se nt on a n aircraft with a Class E cargo co mpartment. Section 25 .l447( c)( l) , Amendm e n t 25- 116

. require s, in p e t1in cnt part , that oxygen m asks mu s t be imme diate ly available to ea cl1 seated occupant, be auto mati call y d e ployed with manua l b ackup, a nd e x ceed in numb er th e quantity of seats by ten percent,

**ith** the extra unit s d i stri but ed eve nly throu g hout th e cab in. The exemption from§ 25. 1447 (c)( l ) will mandate a n equivale nt leve l o f sa f e ty for s upernumerarie s in th e S upernumerary A r ea by requirin g portable oxygen bottles that will be motmted within reach of t he s upemum erarics wh il e in the ir sea ts. T hese bottl'cs wi ll me e t th e r equirements of 

### § 25. 144 7(c)( 1), exc ludin g the req uire m ent th a t the numb e r of oxygen un its mu st exceed the number of scats by at least ten perccnl. S i nce t he sup ernumeraries wi ll be trained in e m e rge ncy procedures a nd will be wi thin reach of a po rt able oxygen bott le at al l times, an equ i vale nt level of safety is maintained wi thou t havjng, an addit ional 10% supp ly cus hi on. A U features of the Class E cargo compartment required by §25.855 and §25.857 will be retain ed and all sa f ety requirements of part 25 as defined by the certi fi cation basis of the ai rplan e in Type Ce 1 t ifi cate Data Sheet (TCDS) 

### Al6WE w ill be co mpli ed wit h

. Sectio n 25

. 1449 requires the pil ots be ab le to dete rmin e U1 ere is oxygen being delivered to the dispensing unit. To the ex tent that §25. 1449 requires the crew to be able to d etermine if oxygen is being provided to th e portable bottles being utili zed by the supernumerar ies. AEI a lso seeks exemption from compliance with this FAR as it is tech ni cally and commercially infeasib le to comply with the requirements of §25.1449. AEI holds numerous Supplemental Type Certificates for modi Itcation of transport ai rcraft. W1th regard to this petition, AEl has applied for a Supp lemental Type certilicatcfor the reconfigurati on or th e B ombardier CRJ200 tt·om passe n ger configura ti on to cargo con1igura tion. includ i n g the installation of a l arge cargo d oor and a C lass E main deck cargo compartment Over 200 a i rcraft have been converted by AEI to n·eighters. Some operators of 

### AE I freighters need to be able to carry supernumeraries to assist with special cargo such as valuable cargo requinng sel:urity and/ or perishable. fragile. or live cargo requiring spedal attention to ensu re its safe delivery. The interest of Lhe petitioner is in

3

### providing a level of safety for the crew. s upernumerarie s, cargo and ain:ran that wil I allow operators of t\El converted CRJ200 

### freighters to meet the need s of their clientele

. The FAA approved Aircraft Flight Manual (AFM) will contain a supplement with the operating limitation restricting the carriage of occupants accommodated to those defined by § 12 1.583 who have been trained for such dutie s. In addition. an FAA approved training plan will be initiated to in str uct the supernumerari es in the prohibition against s moking. and procedures in equipment use relating to fire suppression, ditching, and emergency evacuation. The Supernumerary Area will meet the following sale ty requirements: An automaticaUy activated decompre ss ion sig nal immediate l y reco gnizable throughout the supernumerary area will be provided to automatically notify supernumeraries when to don oxygen. Flight crew activated, lighted, ''Fasten Seat Belt " signs will be provided and located so as to be visible to the s upemumeraric s while seated. in addition, tlight crew activated 'Retw·n to Seat' signage will be provided in the Supemumerary Area. A standard aircraft intercom/public address (P 

### A) system will be retained and the PA system wi ll be audible within the Supernumerary Area. Two-way communication from the s upernumerary seating area to the Oight deck will be provided by mean s of a flight phone installed within reach of at lea st one o f the supernumerary seats. Finally, th e following placards will be provided: I
. No Smoking Signs; 2. Door Operating In structions; and. 3. External Door Exit Marking. Request for Waiver of Public Co mment : 

### AEI r equests waiver of the nonnal public comment process s ince this request is substantially sim ilar to those already granted to other freighter STC holders and because the granting of thi s petition will not create new precedent. Public Interest: 

### The carriage of an appropriate number of attendants aboard an aircraft to monitor and to attend to the specia l requirements or va luable , fragile, perishable, or live animal cargo , serves the public interest in raising the level of safety of the cargo. the airplane. the fli ght crew, and consequently, the public in general. In addition. these exemptions wilt enhance the utiJity of the aircraft. thereby helping lo reduce s hipping costs, which will in turn be in the public interest. n1is exemption, therefore

. se ne s the public intere st for safety reasons and also for increased airfreight utility , both domestically and intcmati<..1nally and consistent commercial opetatJons among all AFI freighter operators. AEf re s pectfully t •cqucsts that this petition be granted.Fcdet·al Register pubJication The FAA ha s determined that good cause exists for waiving the requirement for 

### Federal Register public ati o n for publi c com m e nt becau se the r e qu est is identical in a ll material respects to previou s ly granted exemptions; the exemption, if granted, would not set 

### a

**precedent~** and an y delay in ncting on thi s petiti on would be detrimental 

### to Aeronautical Engi n eers. In c. 

### The FAA 's analysis The 

### FAA considers the petitioner 's proposal to be 

### in the pub li c intere st for the l b ll ow ing r easo n s: • These s upernumeraries are seen a s 

### a benefit to airplane safety 

### and e ffi c ient operations of air cargo ; • A s ignificant di sruption of ajr commerce cou ld occur if the petition were not granted: and
• The 

### FAA has grant ed several exemptions for the c arriage of supernumeraries on frei g hter air pl anes. The petitio ner has requested re lief primaril y from the requirements of§ 25.857(e), which permit s carriage of on ly cargo when a Class 

### E cargo compartm ent is in s talled on th e airplane. Class 

### E cargo co mpartments are u s ually remo te from th e flight deck and comprise th e entire interior of the airplane. The mean s of co ntrollin g tire s that might occur in the cargo compartment is to s tarv e the fire of oxygen. This is accomplished b y depre ssuri z ing the airp lane and maintaimn g an alt i tude that wi ll not s upp o rt combustio n . For this reason. o nl y c rewme m bc rs are permitted o n 

### board s uch airplanes. T he petitioner i s reque s ting 

### that s upernumerarie s be l oca ted 

### in an area aft of the night deck. The ccrtilication re g ulati o n s for tran s port-c at ego ry airplanes address airplane occ upants as b e in g e ithe r ·"crew " or "passengers." Due to dincrcnces in training, phys ical capab ilities, and ot h e r factors (such as familia r ity with the airplane)

. the means required b y part 25 to address emergency evacuati on, and emergency e quipment for passengers and crewm e mb e rs, iliffer. Becau se su pernumerarie s a rc not crewrncmbe rs. they must be co n s idered "passen gers' · by default with respec t to part 25. H owever. supernum e raries do hold a spednl s tatu s because of their training and other factors. The purp ose o f th e handh o ld s requirement

**in ~**  25.785(j) al Amendment 25-88

. is to ens ure th at occupants have a means to s t eady themselves in moderately roug h air whi l e traversing t he main aisles oftyp t cal passenger rurplan es. On the proposed airplane. an acceptable level of safety w ill be provided by the fiightcrew-activated. lighted. "Fasten Scat Belt" signs and the --Return to Seat'' signage in the supernumerary area. This visual- al ert system e nables t h e crew to indi cate, a t the onset of turbulen ce, that s up ernum erari es mu st return to their s cat s. The vis ual a lert must be recognized in accessible areas of th e ru rplan e a nd indicate, during turbu le nce, that persons must return to their seats



### 5The intent of§ 25.812(e) is to provide floor-proximity, emergency-escape-path marking in the passenger areas of the airplane. Because of the limited area aft of the !light deck and its immediate proximity to the forward eme r gency exits. the lack of the floor-proximity. emergency escape-path 

### mru·king will not adversely impact the safety of 

### the supernumeraries. Additionally. the supernumeraries have a higher l evel of training and knowledge ofthe a ir plane configuration than does the typical passenger. The FAA finds that the configuration provides an acceptable level of safety. The petitio ner has requested an exemption from § 25.855(a). The FAA has previously granted exemptions for carriage of supernumeraries. in addition to crew. on 11-eightcr airp lanes. provided that certain other conditions are met. These conditions have varied. depending o n the airplane design and the number of supernumer aries in volved. Due to the way that fire in the cargo comprutment is to be contro ll ed. it i s necessary to limit supemumcraries on board the airplane LO those who have been found physically fit by the operator and have been briefed on the use of emergency equ ipment. This limitation on the supemumeraries is consistent wi th previous approvals a nd will be included in this approval. Also. the a irplane must be equipped with suitable means of preventing smoke penetration into occupied areas. The petitioner's design accou nt s for this by providing a barrier. consisting of a smoke barrier for the supernumeraries located aft of the flight deck, which must comply with the smoke-penetration requirements of § 25.855. The FAA considers that the supemumerarics should ha ve 

### an oxygen system that is comparable 

### to that of passengers. 1 Iowever. taking into account the extra knowledge and training that these persons will have. it is not necessary that an equivalent system be installed. Section 25.1447(c)(l) 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

. Supernumeraries on the petitioner's cargo airplanes will not have 

### this indication. for an acceptable level of safety to be provided, 

### an automatically activ a t ed aural 

### and v i sual decompression signal mu st be imm ed iatel y recogniz.ablc throu gho ut the supern um erary seatin g area. Operation of this signal must be autom atic, with Jlightcrew manual adion as a backup. Supernumeraries must be trained regarding the location and use of the oxygen equipment, and the alerts that indicate the need to don oxygen equipment. The oxygen umts must be sized adequately for continuous and w1interrupted use during worstcase tlight duration following decompression. The combination of the aural and V1sual alert. along with the supernumerary training, compensate for the supernumerary s eating-area oxygen masks not being automatically presented

. Sec t ion 25.1447(c)( 

### I) also requires 

### I 0 pcl'ccnt extra oxygen masks

. The 

### intent is that these masks will be used by flight attendants or children sitting on passenger s ' laps. Since neither will be on-board the airplane

. installing l 0 percent extra oxygen masks is n o t required. The oxygen unit s mu s t s till meet the intent of § 25 1449 , which state s that the airplane must be equipped with a mean s lor the crew to detcm1in e whether oxygen is being deli v ered to the dispensing unit s . The FAA has determined that both traming the supernumeraries in making thi sdetermination, and providing

**o~yge**

**n** flow indicat 1 on on the oxygen equipment. would 

### be acceptable means of compliance. Note that this exemption docs not provide re li ef, beyond that e xpl i c itl y stated, f ro m applicable airworthin ess requirements. T hi s exemption discusses specific regu lations that must be met for approval of th e proposed design but doe s not discuss all the applicab le regu lations. 

### The FAA 's decision In consideration of the foregoing, 

### f find that n

**~:,•rant** of exemption is in the p ubli c interest. Therefore. p urs uant to the authority contained in 49 U.S.C. 

### §§ 40113 and 4470 1. delegated to me by the Admini strator, Aeronautica] Engineers, In c., is hereb y granted an exem ption from 14 C FR 

### §§ 25.7850), 25.8 1 2(e). 25.855(a), 25.857(e), 25. 1 447(c)( l) and 25. 1449 t o th e ex te n t nec essary to a ll ow type certifi catio n of Bombardier Mo de l CL-600-28 19 airplanes with provisions for the cani age of s up ernumeraries. The following conditions and limitations apply, and procedures related to items I t hro ug h Sand 7, below. mu s t be docum ented in tbe limitations section of the airp lan e tlight manual: 1

. A maximum of two s upernumeraries may occupy the area between the flight deck and the forward cargo bulkhead. The total maximum occ upan cy of the airp lan e is limited to tive persons , includin g th e ni ghtcrew (two o n-d ut y flightcrew members. a nd up to three offdu t y fli ghtcrew members, observers. or supernumeraries). 2. The supernumeraries are limited to the catego ries spec ifi e d in§§ 12 1.58 3(a)( l) through 12 1.583(a)(7). 3. Supermunerar i cs are prohibited from being in the cargo area during any tlight operation. The pr e- flight briefing must info rm supernumeraries of thi s requirement. 4. Prior to each llight. a Oightcrew member must brief each supe rnum erary o n the use of ex it s, in c ludin g instructions to in s pec t U1 c ground to d etermine whether a safe landing can be ac hi eved before u si ng an ass ist mean s and emerge ncy eq uipment. ln add iti o n , th e preflight briefing must inclu d e training in the meaning of the decompre ssio n a lert w hi ch notifies t h e s upernumeraries when to don oxygen masks and the procedures for donning (i.e., the ma sk and activating the flow of oxygen). Also. the briefing must include the tlightcrew alerts that require the supernumeraries to return to the1r scats am l the placarded limitations li sted in Item 11. 5. The operator must determine that each supernu merary is physically able and trained to accomplish the necessary emergency procedures. 6. Supernwncranes Supp lemental Oxygen: 

### Locations anJ Use: Supplemental oxygen equipment with a mask connected to it must be located so each occupant can put on the mask and activate oxygen Dow while seated. 

### 7

### Design Requir ements :
a The unit s must provide oxygen-flow indi cation. b. The oxygen units must be sized adequately for continuous and uninterrupted use during wo rst-case flight duration following decompression. 7. Oxygen-tmit Use : The supernwneraries must be trained in the use of the oxygen units. · The s upernumeraries 

### must also be trained in making the determination whether oxygen is being delivered to the dispensing units. 8. Decompression Ale1i: An automatically activated aural and v isual decompression a J ert must be provided and immediate l y recognizable throughout the s upernumerary seating area to notify supernumerari es when t o don oxygen masks. 9. 

### Turbulence Alert: A 

### tlightcrew-activated visual alert, which is recognized in the supernumerary seating area. must be installed to indicate 

### that

. in the event of turbulence. or predicted turbulence, persons must return to their seats
. I 0. 

### Emergency Light in g and Exits: For the exits designated for supernumerary u se. emergency lighting must provid e adequate illumination at the ground end of the assist mean s. where an evacuee would normally make fir s t contact with the ground, with the airpl ane in each of the attitude s corresponding to the col lapse of one ot· mol'e legs of the landing gear , ll. Placard s: Placard( s) located ou tside of the cargo compartment in a conspicuous location. either on or adjacent to the smoke barrier door. must indicate the following:


### • Do not occupy the Class 

### E cargo compartment.

• The s moke barrier must be 

### secured (i.e ., the 

### door must be closed).



### • Smoking is not 

### allowed. 12

. Alerting requirements:

• Must be distinctive and etfectivc

. AJerts must distinguish between decompression and turbulenc e.

8• Visual a l erts must be visible fi·om all occupant locations and orientations

. during 

### all expected operationa l conditi ons. including 

### a rapid decompress ion where moisture in the ai r may co ndense

. 

### • AuraJ alerts must be loud enough to be heard during aU expected operational condit ions, including a rapid decompres s ion where the ambient noi se level will increase

. 13. A standard airplane public-address (PA) sys tem mu st be installed. lt must be audible throughout the s up ernumerary seatin g area. t4. 

### Ah interphone system must be in stalled that provide s two-way communication between the s upernumerary seati ng area and the Oight deck , and is within re ach of at least one of the s upernumerari es at h is or her seat. This system mu st be independent of th e PA sys tem, except for handsets , head se ts. microphones, selecto r switches, and s ignaling de vices.
Is sued in Renton Washington, on 

## FEB 1 9 2015

Jeffre y E. Duven Manager. Transport Airpl ane Directorate Aircraft Certi fication Service

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