UNJTED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the petition of 

Exemption 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), and 25.1449 ofTitJe 14. 

Code of Federal Regulations 

GRANT OF EXEMPTION 

By letter dated August 22, 20 14, Mr. David M. McDonald, Vice President/General Counsel, 

Aeronautical Engineers, Inc .. 7765 Northwest 54111 Street, Miami, 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 

freighter airplanes. The original petition requested that up to tJu·ce non-crewmcmbers 

(commonly referred to as supernumeraries) be allowed to be carried in an area between the llight 

deck and the forward cargo bulkhead. llowever, 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 forward cargo 

bulkhead. The maximum occupancy for these freighter airplanes is five persons, including the 

flightcrew and the observer. 

The petitioner requests relief from the following regulations: 

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

steady U1emselves when moving about the cabin, in the event the airplane encounters 

moderately rough air. 
Section 25.812(e), at Amendment 25-116, requires that floor proximity. emergency 

escape-path markings must provide emergency evacuation guidance for passengers. 

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

one of the class requirements of§ 25.857. 

Section 25.857(e), at Amendment 25-93, requires that, when a Class E cargo 

t:ompartment is install ed on the airplane. the airplane must be used for can·iagc of cargo 

only. 

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

must be automatically presented to the occupants before the cabin altitude exceeds l 5,000 

feet. The total number of dispensing units and outlets must exceed the number of scats 

by at least I 0 percent. The extra units must be uniformly distributed throughout the cabin 

as practicable, and two oxygen masks must be located in each lavatory. 

Section 25.1449, requires that the crew is able to detem1ine that oxygen is being 

delivered to the dispensing unit. 

Related sections 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 complying with all of the 

requirements of part 121 pertaining to carriage or passengers. 

Section 121.547 contains, in pertinent part. a listing of categories of persons who may be 

admitted to the tlight deck during operation. 

The petitioner supports its request with the following information: 

This ~ec ion quotes the relevant informaticm 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 hltp://regulations.gov, in Docket No. F AA-20 14-0636. 

Section 25.7850), Amendment 25-88, requires there to be a firm handgrip or rail for 

persons using the aisles during modcratdy rough flight. The exemption from §25.785U) 

is necessary as hand holds are not available in this area. 

Section 25.812(e), Amendment 25-116. requires 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 

') 
Section 25.855(a). Amendment25-ll6. requires that cargo compmtmcnts must meet one 

of the class requirements of§ 25.R57. AEI's conversion results in the main deck being 

classified as a Class E cargo compatiment. Exemption from 14 CPR 25.855(a) is 

requested as this FAR requires any cargo compartment to t:omply with a designated 

classification of25.857 which would exclude the caniage of supernumeraries in the area 

forward of the 90 lforward cargo] bulkhead. The forward cargo bulkhead also functions 

as a smoke barrier between the main cargo compartment and the Supernumerary Area and 

cockpit. 

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

compattment, and mandates that a Class E cargo compartment may not be on any airplane 

other than one utilized exclusively for the caniagc of cargo. The exemption from 

25.857(e) will allow for up to three (J) supernumerades on the aircral't who are othetwise 

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

Section 25.l447(c)(l), Amendment 25- 116. requires, in pet1incnt part, that oxygen masks 

must be immediately available to eacl1 seated occupant, be automati cally deployed with 

manual backup, and exceed in number the quantity of seats by ten percent, ith the extra 

units distributed evenly throughout the cabin. The exemption from§ 25. 1447(c)( l) will 

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

requiring portable oxygen bottles that will be motmted within reach oft he 

supemumerarics whil e in their seats. These bottl'cs will meet the requirements of 

§ 25. 1447(c)(1 ), excluding the requirement that the number of oxygen units must exceed 

the number of scats by at least ten perccnl. Since the supernumeraries will be trained in 

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

equivalent level of safety is maintained without havjng, an additional 10% supply cushion. 

A U features of the Class E cargo compartment required by §25.855 and §25.857 will be 

retained and all safety requirements of part 25 as defined by the certification basis of the 

airplane in Type Ce1t ificate Data Sheet (TCDS) Al6WE will be complied with. 

Section 25.1449 requires the pilots be able to determine U1ere is oxygen being delivered 

to the dispensing unit. To the extent that §25. 1449 requires the crew to be able to 

determine if oxygen is being provided to the portable bottles being utilized by the 

supernumeraries. AEI also seeks exemption from compliance with this FAR as it is 

technically and commercially infeasible to comply with the requirements of §25.1449. 

AEI holds numerous Supplemental Type Certificates for modi It cation of transport 

aircraft. W1th regard to this petition, AEl has applied for a Supplemental Type certilicatcfor the reconfiguration or the Bombardier CRJ200 tt·om passenger configuration to cargo 

con1iguration. including the installation of a large cargo door and a Class E main deck 

cargo compartment Over 200 aircraft have been converted by AEI to n·eighters. Some 

operators of AEI 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 ensure its safe delivery. The interest of Lhe petitioner is in 

3 
providing a level of safety for the crew. supernumeraries, cargo and ain:ran that wil I 

allow operators of t\El converted CRJ200 freighters to meet the needs of their clientele. 

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

operating limitation restricting the carriage of occupants accommodated to those defined 

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

training plan will be initiated to instruct the supernumeraries in the prohibition against 

smoking. and procedures in equipment use relating to fire suppression, ditching, and 

emergency evacuation. 

The Supernumerary Area will meet the following salety requirements: 

An automaticaUy activated decompression signal immediately recognizable 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 supemumerarics 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 

will be audible within the Supernumerary Area. Two-way communication from the 

supernumerary seating area to the Oight deck will be provided by means of a flight phone 

installed within reach of at least one of the supernumerary seats. Finally, the following 

placards will be provided: I. No Smoking Signs; 2. Door Operating Instructions; and. 

3. External Door Exit Marking. 

Request for Waiver of Public Comment: 

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

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

the granting of this petition will not create new precedent. 

Public Interest: 

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

attend to the special requirements or valuable, 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 shipping costs, which will in turn be in 

the public interest. 

n1is exemption, therefore. senes the public interest for safety reasons and also for 

increased airfreight utility, both domestically and intcmati<..1nally and consistent 

commercial opetatJons among all AFI freighter operators. 

AEf respectfully t•cqucsts that this petition be granted. 
Fcdet·al Register pubJication 

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 a ll material respects to 

previously granted exemptions; the exemption, if granted, would not set a precedent~ and any 

delay in ncting on this petition would be detrimental to Aeronautical Engineers. Inc. 

The FAA's analysis 

The FAA considers the petitioner's proposal to be in the public interest for the lb llowing reasons: 

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

air cargo; 

• A significant disruption of ajr commerce could occur if the petition were not granted: and 

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

airplanes. 

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

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

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

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

starve the fire of oxygen. This is accomplished by depressurizing the airplane and maintaimng 

an altitude that will not support combustion. For this reason. onl y crewmembcrs are permitted 

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

aft of the night deck. 

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

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

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

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

Because supernumeraries arc not crewrncmbers. they must be considered "passengers'· by default 

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

training and other factors. 

The purpose of the handholds requirement in ~ 25.785(j) al Amendment 25-88. is to ensure that 

occupants have a means to steady themselves in moderately rough air while traversing the main 

aisles oftyptcal passenger rurplanes. On the proposed airplane. an acceptable level of safety will 

be provided by the fiightcrew-activated. lighted. "Fasten Scat Belt" signs and the --Return to 

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

the onset of turbulence, that supernumerari es must return to their scats. The visual alert must be 

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

return to their seats 

5 
The 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 emergency 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 level of training and knowledge ofthe airplane configuration 

than does the typical passenger. The FAA finds that the configuration provides an acceptable 

level of safety. 

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

exemptions for carriage of supernumeraries. in addition to crew. on 11-eightcr airplanes. provided 

that certain other conditions are met. These conditions have varied. depending on the airplane 

design and the number of supernumeraries involved. Due to the way that fire in the cargo 

comprutment is to be controlled. it is 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 equipment. This limitation on the supemumeraries is consistent with previous 

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

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

accounts for this by providing a barrier. consisting of a smoke barrier for the 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 have 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 activated aural and visual decompression signal must be immediately recogniz.ablc 

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

masks not being automatically presented. 

Section 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 passengers' laps. Since neither will 

be on-board the airplane. installing l 0 percent extra oxygen masks is not required. 

The oxygen units must still meet the intent of § 25 1449, which states that the airplane must be 

equipped with a means lor the crew to detcm1ine whether oxygen is being delivered to the 

dispensing units. The FAA has determined that both traming the supernumeraries in making this 
determination, and providing o~ygen flow indicat1on on the oxygen equipment. would be 

acceptable means of compliance. 

Note that this exemption docs not provide relief, beyond that explicitly stated, from applicable 

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

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

The FAA's decision 

In consideration of the foregoing, f find that n ~:,•rant of exemption is in the public interest. 

Therefore. pursuant to the authority contained in 49 U.S.C. §§ 40113 and 4470 1. delegated to me 

by the Administrator, Aeronautica] Engineers, Inc., is hereby granted an exemption from 14 CFR 

§§ 25.7850), 25.812(e). 25.855(a), 25.857(e), 25.1447(c)(l) and 25. 1449 to the extent necessary 

to allow type certification of Bombardier Model CL-600-28 19 airplanes with provisions for the 

caniage of supernumeraries. The following conditions and limitations apply, and procedures 

related to items I through Sand 7, below. must be documented in tbe limitations section of the 

airplane tlight manual: 

1. A maximum of two supernumeraries may occupy the area between the flight deck and the 

forward cargo bulkhead. The total maximum occupancy of the airplane is limited to tive 

persons, including the nightcrew (two on-duty flightcrew members. and up to three offduty flightcrew members, observers. or supernumeraries). 

2. The supernumeraries are limited to the categories specified in§§ 121.583(a)(l) 

through 12 1.583(a)(7). 

3. Supermunerarics are prohibited from being in the cargo area during any tlight operation. 

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

4. Prior to each llight. a Oightcrew member must brief each supernumerary on the use of 

exits, inc luding instructions to inspect U1c ground to determine whether a safe landing can 

be achieved before using an assist means and emergency equipment. ln addition, the preflight briefing must include training in the meaning of the decompression alert which 

notifies the supernumeraries when to don oxygen masks and the procedures for donning 

(i.e., the mask and activating the flow of oxygen). Also. the briefing must include the 

tlightcrew alerts that require the supernumeraries to return to the1r scats aml the placarded 

limitations listed in Item 11. 

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

accomplish the necessary emergency procedures. 

6. Supernwncranes Supplemental 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 Requirements: 

a The units must provide oxygen-flow indication. 

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

during worst-case flight duration following decompression. 

7. Oxygen-tmit Use: 

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

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 visual decompression aJert must be provided and 

immediately recognizable throughout the supernumerary seating area to notify 

supernumeraries when to 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 Lighting and Exits: 

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

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

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

corresponding to the col lapse of one ot· mol'e legs of the landing gear, 

ll. Placards: 

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

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

• Do not occupy the Class E cargo compartment. 

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

• Smoking is not allowed. 

12. Alerting requirements: 

• Must be distinctive and etfectivc. AJerts must distinguish between decompression 

and turbulence. 

8 
• Visual a lerts must be visible fi·om all occupant locations and orientations. during 

all expected operational conditions. including a rapid decompression where 

moisture in the air may condense. 

• AuraJ alerts must be loud enough to be heard during aU expected operational 

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

increase. 

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

throughout the supernumerary seating area. 

t4. Ah interphone system must be installed that provides two-way communication between 

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

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

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

devices. 

Issued in Renton Washington, on FEB 1 9 2015 

Jeffrey E. Duven 

Manager. Transport Airplane Directorate 

Aircraft Certification Service 

<)