ANM

- 13

- 138

- E Exemption No. 10739

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 98057

- 3356

In the matter of the petition of

KALITTA CHARTERS II, LLC

for an exemption from §§ 25.855(a), 25.857(e), and 25.14 47(c)(1) of Title 14, Code of Federal Regulations Regulatory Docket No. FAA

- 2012

- 1291

PARTIAL GRANT OF EXEMPTION

By letter dated December 4, 2012

, Mr. Bob Koski, Director of Quality Control, Kalitta Charters II, LLC, 843 Willow Run Airport, Ypsil anti, MI 48198, petitioned the Federal Aviation Administration (FAA) for an exemption from §§ 25.855(a), 25.857(e)

, and 25.1447(c)(1) of Title 14, Code of Federal Regulations (14 CFR) for Boeing Model 727

- 200 series airplanes converted to freighter airplan es

. The proposed exemption, if granted, would allow carriage of 16 non

- crewmembers (commonly referred to as supernumeraries) in the rear portion of the main deck Class E cargo compartment on these freighter airplanes. The maximum occupancy for these freigh ter airplanes is 19 persons, including the flightcrew.

The petitioner requests relief from the following regulations : Section 25.855(a) requires, in part, that cargo compartments must meet one of the class requirements of § 25.857.

Section 25.857(e) requir es, in part, that when a Class E cargo compartment is installed on the airplane, the airplane be used for carriage of cargo only.

Section 25.1447(c)(1) requires, in part, that oxygen dispensing units must be automatically presented to the occupants before the cabin altitude exceeds 15,000 feet. The total number of dispensing units and outlets must exceed the number of seats by at least 10 percent. The extra units must be uniformly distributed throughout the cabin as practicable, and there must be two oxygen masks in each lavatory.2

Related 14 CFR sections: Section 25.812(e), Amendment 25

- 116 , requires, in part, that floor proximity emergency escape path markings must provide emergency evacuation guidance for passengers.

Section 121.583(a) contains, in pertine nt part, a listing of categories of persons who may be carried aboard an airplane in part 121 service without complying with all of the requirements of part 121 pertai ning to carriage of passengers.

Section 121.547 contains, in pertinent part, a listing of categories of persons who may be admitted to th e flight deck during operation.

The petitioner supports its request with the following information: This section quotes the relevant information from the petitioner’s request with editorial changes for clarit y. The complete petition is available in the Department of Transportation’s Federal Docket Management System on the Internet at http://regulations.gov in Docket No. FAA

- 2012

- 1291.

Kalitta Charters II is an airline c ompany specializing in providing nationwide cargo services including the transportation of bloodstock

— racehorses, show horses, etc. The
company uses Boeing Model 727 freighter airplanes

. These animals are very valuable, many worth over one million dollars. The animals cannot be properly insured for air transport unless there are a sufficient number of qualified handlers on board. The interest of the petitioner is in providing a level of safety for the animals and airplane that will allow an expansion of t h is service to include international events such as the Olympics and other world events

, which involve a large number of race or show horses.

The Model 727

- 200 freighter airplane s presently have no provisions for a sufficient number of supernumerary seats t o help in the care of th e horses for long haul flights.

This request for exemption generally follows those granted to Custom Air Transport and another partial grant of exemption to Aeronautical Engineers, Inc. (AEI).

Exemptions Being Petitioned

Kalitta Cha rters II request s an exemption from § 25.857(e) to allow the carriage of up to 16 livestock handlers or grooms ( supernumeraries ) on the main deck of a Boeing Model 727

- 200 freighter airplane , and an exemption from § 25.1447(c)(1) to allow portable
oxygen u nits to be worn/carried by the animal attendants while they are away from the seat installed oxygen. Furthermore, it is requested that § 25.1447(c)(1) be allowed for an equivalent level of safety that would consider 16 portable oxygen units with masks that can be stowed under the seats and 2 portable oxygen units with masks stowed on the wall3

as meeting the requirement that the number of oxygen masks exceed the number of seats by ten percent.

By extension, exemption from § 25.855(a) is also requested, as th is section requires any cargo compartment to comply with a designated classification of § 25.857.

Justificat ion for Request

1. Rationale

Horses are usually transported in shipping containers that can carry as many as four horses each. The containers are de signed to fit into the existing pallet positions of the Model 727

- 200 freighter airplane s, and depending on the configuration, could have up to 12 pallets. For this petition, the aft two pallets are removed to accommodate the groom seating leaving 10 palle ts remaining. A typical load could be up to 40 horses on the main deck of a Model 727

- 200 airplane, and the number of qualified grooms is commensurate with the value and safety of the horses on board.

For safety reasons, the International Air Transport Ass ociation (IATA) recommends that for up to four pallets, one experienced groom be provided for each pallet of horses. For more than four pallets of horses, it is at the discretion of the carrier and the shipper to determine the optimum requirement.

The safe transport of large numbers of horses by air

, therefore

, requires the carriage of a commensurate number of qualified handlers on the main deck.

The Custom Air Transport exemption already grants the relief sought here.

2. Public Interest

The carriage of an appropriate number of animal handlers ( supernumeraries ) aboard an airplane to monitor and to attend to the special requirements of live animal cargo, especially race horses and show horses, serves the public interest in raising the level of safety of lives tock, the airplane, the flightcrew, and consequently, the public in general.

Designing the animal handlers’ station to meet the certification basis requirements as well as the some of the more recent safety requirements of part 25 raises the safety level o f the animal handlers to that intended for passengers.

This exemption, therefore

, serves the public interest for safety reasons and also for increased airfreight deliveries of these animals internationally.

3. Safety4 Safety is the primary concern of the mo dification. As stated earlier, all safety requirements of the original type certification of the airplane will be complied with as defined by T ype C ertification D ata S heet (TCDS) A3WE. Any adverse effects that the exemption and the equivalent level of safe ty of the modification will cause are discussed below.

4. Adverse Effects

The exemption is to allow for the carriage of livestock attendants on the main deck of a Model 727

- 200 freighter airplane . Because of the level of safety provided by part 25, and the restrictions placed on the carriage of attendants as specified in the FAA approved AFM supplement, there are no apparent adverse effects.

5. Equivalent Level of Safety

The modification will be designed to incorporate certain features that will ensure the animal attendants enjoy a level of safety equivalent to that enjoyed by passengers, as provided by the original certifications basis of the airplane , and some of the updated part 25 regulations.

5.1 Animal Attendant Seats

The animal attendant seats will be fully certified to support the weight of the attendants, as well as any equipment, such as oxygen bottles, that will be installed to the seats, to the maximum load factors of the airplane at the Fuselage Station ( FS ) position of the seats , and for the eme rgency landing provisions of the original certification basis for the airplane, CAR 4B and 14 CFR Amendment 25

- 15.

5.2 Emergency Equipment

In providing for a compensating level of safety for the main deck occupants, a fire extinguisher, Crewmember Portable Breathing Equipment ( CPBE ) , first aid kit, Emergency Locat or T ransmitter (ELT)

, and any other required equipment would be provided. For emergency egress assistance, an axe will be provided to assist in the case of a jammed or stuck exit door.

5.3 Emergenc y Egress, § 25.810

1. Doors 2R an d 2L will be reactivated to serve as emergency exits.

2. Approved and certified slides will be installed at the doors to provide emergency egress from the airplane

.5 3. Flotation for the occupants will be provided by life ve sts and slide rafts, or rafts.

5.4 Supplemental Oxygen, § 25.1447

Section 25.1447(c)(1) states that oxygen must be automatically presented and immediately available to the occupants, and that the quantity of masks must exceed the number of seats by ten per cent. We are seeking an exemption from the requirement for the oxygen to be automatically presented. However, we would like it to be considered an equivalent level of safety due to required training and familiarization of the handlers.

5.4.1 Seated Occupan ts
It is the plan of the modification to provide the seated occupants with self

- contained oxygen bottles with protective breathing masks under each seat. The attendants will be trained in the use of these oxygen units.

5.4.2 Working Grooms

Each groom will be able to carry the portable oxygen source with protective breathing masks that is stowed under their seat with them whenever the groom is not in the vicinity of the seats.

Note: It is considered that the portable oxygen units stowed under the seats, plus the 2 portable oxygen bottles stowed on the wall

, will meet the requirement of § 25.1447(c)(1) that the quantity of masks exceed the number of seats by at least ten percent.

5.4.3 Decompression Signal

An automatically activated decompression signal immedi ately recognizable throughout the cabin area will be provided to automatically notify supernumeraries when to don oxygen.

5.5 Emergency Lighting System, § 25.812

An emergency lighting system will be provided to meet A mendment 25

- 15 including the following items:

1. Emergency lighting illumination of the seating area, passageways, door signs, instructions, etc.6 2. Exit i dentifier s igns

3. Exterior lighting at the base of the slide

Due to the proximity of the seats to the intended exits

, and that the occupant s have a direct view of those exit doors, it is believed that EPL (escape path lighting) installation will not add to the safety level and

, therefore, will not be installed.

5.6 Lighted Fasten Seat Belt Signs, § CFR 25.791

Flight crew

- activated lighted “Fas ten Seat Belt” signs will be provided that are visible while seated.

5.7 Lighted Return to Seat Signs

Flight crew

- activated ‘Return to Seat’ signs will be provided along the length of the airplane

.
5.8 Flight Deck Communications, § CFR 25.1423

A standard ai rplane intercom/public address (PA) system will be installed

, and the PA system will be audible from anywhere within the airplane . The PA system will be activated either from the flight deck, or the supernumerary seating area.

5.9 Flight Phone

Two

- way comm unication from the supernumerary seating area to the flight deck will be provided by means of a flight phone installed within reach of at least one of the handlers at their seats.

5.10 Placards

The following placards will be provided:

1. No Smoking Signs

2

. Door Operating Instructions

3. Slide Operating Instructions

4. Raft Operating Instructions

5. External Door Exit Marking7

6. AFM Supplement

The FAA

- approved Aircraft Flight Manual (AFM) will be supplemented to contain operating limitations restricting the carriage of occupants to animal handlers under specified conditions, as well as the training required for animal handlers.

1. The AFM supplement will limit the seats to being occupied by animal handlers only. They may be similarly occupied during operatio ns in which cargo is not being carried, but not during operations in which cargo, other than live animals, is being carried.

2. The AFM supplement will have a prorated scale for the number of handlers based on less than full utilization of the airplane to carry livestock.

7. FAA

- Approved Training Plan

An FAA

- Approved Training Plan to instruct handlers in the prohibition against smoking, procedures, and equipment use relating to ditching and emergency evacuation.

Request for Waiver of Public Comment

Kalitta Charters II requests waiver of the normal public comment process since this request is substantially similar to that already granted to Custom Air Transport and because other similar petitions have already been granted to accomplish the same objectives wit h very similar conditions.

Federal Register publication : The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any delay in acting on thi s petition would be detrimental to Kalitta Charters II, LLC.

The FAA ’ s analysis: The FAA considers the petitioner’s proposal to be in the public interest for the following

reasons:

 These supernumeraries are seen as a benefit to airplane safety and eff icien t operations of air cargo.

 A significant disruption of air commerce could occur i f the petition was not granted.

 The FAA has granted several exemptions for the carriage of supernumeraries in the Class E cargo compartme nt freighter airplanes.8

The certifica tion regulations for transport category airplanes address airplane occupants as being either “crew” or “passengers.” Due to differences in training, physical capabilities, and other factors (such as familiarity with the airplane), the means required by par t 25 to address emergency evacuation and emergency equipment differ. Because supernumeraries are not crewmembers, they must be considered “passengers” by default, with respect to part 25. However, supernumeraries do hold a special status because of their t raining and other factors. The FAA, therefore, has granted certain exemptions to allow the carriage of supernumeraries on freighter airplanes without compliance with all of the part 25 standards for passengers, provided that certain other conditions are me t. Those conditions have varied, depending on the airplane design, the nature of the proposals under consideration, and the number and loc ation of persons to be carried.

The petitioner has requested relief prima rily from the requirements of § 25.857(e), wh ich permit carriage of cargo only when a Class E cargo compartment is installed on the airplane. Class E cargo compartments are usually remote from the flight deck and encompass the entire interior of the airplane. The means of controlling fires that might occur in the cargo compartment is to starve the fire of oxygen. This is accomplished by depressurizing the airplane and maintaining an altitude that will not support combustion. For this reason, only crewmembers are per mitted on board such airplanes.

The petitioner has indicated the intention to retain all required attributes of a Class E cargo compartment, as addressed in §§ 25.855 and 25.857(e), with the single exception of allowing occupants to be accommodated in this cargo compartment. Hence, the FAA i nterprets this petition as indicating that the operator will retain the means required by § 25.857(e)(3) to control a Class E cargo compartment fire, in other words, decompression of the airplane. Accordingly, this grant is conditioned on the retention of these procedures.

Due to the way that fire in the cargo compartment is to be controlled, it is necessary to limit supernumeraries on the airplane to those who have been found physically fit by the operator and have been briefed on the use of emergency equi pment. This limitation on the supernumeraries is consistent with previous approvals and wil l be included in this approval.

The petitioner has stated that the “modification will be designed to incorporate certain features that will ensure the animal attenda nts enjoy a level of safety equivalent to that enjoyed by
passengers...

. ” However, based on our general analysis above, we find the proposed modification and operation does not provide an equivalent safety to an average passenger carrying configuration

. An exemption is required for this modification and operation. If the limitations and conditions of this exemption are followed, the FAA find s that an adequate level of safety results for th is unique animal hand l ing operation.

The petitioner mentions that th e request for relief is substan tially similar to Exemption No. 8164. In that exemption, that petitioner proposed the reactivation of doors 2L and 2R with escape slides. In this case, the escape slides are proposed. We find that the escape slide installatio n is required to provide an adequate level of safety.9

The petitione r discusses § 25.812(e), Amendment 25

- 116, which requires floor proximity emergency escape path marking in the passenger areas of the airplane. During the evaluation of this petition, the F AA determined the original certification basis for the Boeing Model 727

- 2 00 series airplane did not include Amendment 25

- 116, which codified the requirements for the floor proximity emergency escape path marking requirements. We ha ve determined, therefore, that compliance to this p aragraph is not required. We find that the proposed emergency lighting discussed in the petitioner’s letter provides an adequate level of safety.

The petitioner requested relief to allow remotely located supernumerary seating at t he aft portion of the main deck Class E cargo compartment, without benefit of immediately available flightcrew or flight attendants. The petition also addressed the carriage of supernumeraries to attend to live animals. Any operations that include the main deck carriage of any cargo other than live animals, either exclusively or in combination with live animals, is beyond the scope of this evaluation, and must be considered separately. However, cargo necessary for care of the animals may be carried. Additio nally, supernumeraries may be on board the return flight to their initial departure location without live animals being carried. Limiting the cargo to live animals and the cargo needed for their care will minimize the risk of a fire in the Class E
cargo co mpartment and provide an adequate level of safety, in conjunction with the other limitations, for the carriage of s upernumeraries on the airplane.

The FAA also considers that smoking should be prohibited within the cargo compartment and that a placard indi cating this prohibition, as specified in § 25.853(c) at Amendment 25

- 15, must be displ ayed in a conspicuous location.

The petitioner indicated that flightcrew

- activated and

- lighted “Fasten Seat Belt” signs that are visible to persons sitting in the supern umerary seats will be provided. A requirement for these signs is not included in the certification basis of the Model 727

- 200 series airplane; however, these signs are required by § 121.317. Sinc e type certification of the Model 727

- 200 series airplane, pa rt 25 has been amended to include a requirement for installation of these signs. The FAA considers these signs a requir ed condition of this exemption.

The petitioner has proposed to install a standard aircraft two

- way intercom/public address (PA) system th at will be installed within reach of at least one of the supernumeraries at their
seats , and the PA system will be audible from anywhere in the aircraft. Also the PA system will be activated from either the flight deck, or from the supernumerary seating ar ea. A functioning two

- way interphone/PA (intercom) system is considered essential as the supernumerary seats are remotely located from the flight deck. A functioning PA system is considered essential for initiating and directing emergency eva cuations and f or providing pre

and post

- landing instructions. This system is a requir ed condition of this exemption.

The FAA considers that a flightcrew

- operated aural or visual annunciation, which would be recognized in the cargo compartment, must be installed to indi cate during turbulence that persons must return to their seats. The petitioner proposed installing “Return to Seat” signs10

along the length of the cargo compartment to address this issue. These signs will be required

as a condition to this exemption.

The FA A considers that supernumeraries should have a supplemental oxygen system that is comparable to that required for passengers by part 25. However, taking into account the extra knowledge and training that supernumeraries will have, the FAA does not find tha t an equivalent system needs to be provided. The petitioner proposed that each of the 16 supernumeraries carry a portable PB E meeting the requirements of § 25.1447(c)(1), excluding the requirement that the number of units exceed the number of seats by 10%. The intent of these additional masks are for use by lap children or flight atten dants. Since neither will be

on

- board the airplane, the installation of 10% extra oxygen masks i s not required.

Additionally, the petitioner proposed installing an automatical ly activated decompression alert that would be immediately recognizable throughout the main deck Class E cargo compartment. This automatic alert must provide aural and visual warning to the supernumeraries to don and activate their portable oxygen systems. This design is intended to address the “immediately available,” “automatically presented,” and “uniformly distributed” requirements of § 25.1447(c)(1). The FAA considers that a manual backup for operation of the decompression alert must be provided, that the oxygen units must be sized adequately for continuous and uninterrupted use during worst

- case flight duration following a decompression, and that supernumeraries must be trained about the location and use of these oxygen units. The supern umeraries must be trained to re

- secure the portable units to their
seats upon returning to their seats.

The portable oxygen device(s) must meet the requirements for flightcrew oxygen masks (§ 25.1443(a) or (b)) or the equipment must be shown to protect the supernumerary from hypoxia at an activity level required to return to his or her seat following a rapid decompression to 25,000 feet cabin altitude. One acceptable means of compliance is the use of a continuous flow passenger oxygen mask that meets F AA technical standar d order TSO

- C64a, or later, and is approved for use up to at least 40,000 feet cabin altitude, connected to an oxygen bottle that supplies a flow rate of at least 4 liters per minute NTPD (Normal Temperature and Pressure Dry) at a cabin altitude of 23,000 feet. If the oxygen bottle regulator has more than one flow rate it must be set to 4 liters per minute NTPD. The oxygen units must still meet the intent of § 25.1449

, which states that there must be a means for the crew to determine whether oxygen is being delivered to the dispensing units. The FAA has determined that it would be an acceptable means of compliance to train the supernumeraries in making this determination and to provide oxygen flow indi cation in the oxygen equipment.

Section 25.1447(c)(1) req uires at least two oxygen dispensing units connected to oxygen terminals in each lavatory and that the oxygen masks be automatically presented. Two oxygen masks are intended for situations where an individual needs assistance in the lavatory. No relief was requested from this section for the lavatory and

, therefore

, none is granted. Note that this exemption does not provide relief, beyond that explicitly stated, from applicable11

airworthiness requirements. This exemption discusses specific regulations that m ust be met for approval of the proposed design but does not discuss all the applicable regulations.

The FAA’s d ecision : In consideration of the foregoing, I find that a partial grant of exemption is in the public interest. Therefore, pursuant to the author ity contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Acting Administrator, Kalitta Charters II, LLC is hereby granted a n exemption from 14 CFR 25.855(a), 25.857(e), and 25.1447(c)(1) to the extent necessary to allow type ce rtification of B oeing Model 727

- 200 series airplanes with provisions for the carriage of supernumeraries. The following limitations apply and limitations number 1, 3.d. (if applicable), 4

- 7, and 12 must be documented in the Limitations Section of the Airplane Flight Manua l:

1. Supernumeraries :

a. A maximum of 16 supernumeraries may occupy the aft portion of the main deck Class E cargo compartment. The total maximum occupancy of the airplane is limited to 19 persons, including the flightcrew (3 on

- duty flightcrew members, and up to 16 supernumeraries).

b. The supernumeraries are limited to the categories specified in §§ 121.583(a)(4)(ii) and 121.583(a)(5), applicable only to persons referenced in § 121.583(a)(4)(ii).

c. Prior to each flight, a flightcrew member must brief each supernume rary on the use of exits, including instructions to inspect the ground to determine whether a safe landing can be achieved before using an assist means, and emergency equipment.

d. The operator must determine that each supernumerary is physically able and
tra ined to accomplish the necessary emergency procedures.

2. Supernumeraries Supplemental Oxygen:

Locations and Use: A supplemental oxygen equipment unit with a mask connected to it must be located so each occupant can put on the mask and activate oxygen flow wh ile seated and while moving about the main deck Class E cargo compartment.

3. Design Requirements for Supernumeraries Supplemental Oxygen:

a. The oxygen units must provide an indication to t he user when oxygen is flowing.12 b. The oxygen units must be sized adequatel y for continuous and uninterrupted use during worst

- case flight duration following decompression, or must be of sufficient duration to allow the supernumerary to return to his or her seat where oxygen for the remainder of the decom pression is readily acces sible.

c. The portable oxygen units must meet the perf ormance requirements of § 25.1443(a) or (b), or the equipment must be shown to protect the supernumerary from hypoxia at an activity level required to return to his or her seat following a rapid decompress ion to 25,000 feet cabin altitude.

d. One acceptable means of compliance is the use of a continuous flow passenger oxygen mask that meets F AA TSO

- C64a

, or later

, and is approved for use up to at least 40,000 feet cabin altitude, and is connected to an oxygen bottle that supplies a flow rate of at least 4 liters per minute NTPD (Normal Temperature and Pressure Dry) at a cabin altitude of 23,000 feet. If the petitioner uses this means of compliance and the bottles have more than one setting for flow rate, the su pernumeraries must be trained to use the 4 liters per minute NTPD setting.

4. Training Requirements for Super numeraries Supplemental Oxygen:

The supernumeraries must be trained in the use of the oxygen units and to secure them when they occupy their seats. Th e supernumeraries must also be trained in making the determination whether oxygen is being delivered to the dispensing units. The training must identify that the units must be carried whenever the supernumerary leaves his or her seat (e.g., tending to the live animals, using the lavatory, etc.)

5. Decompression Alert:

An automatically activated aural and visual decompression alert must be provided and immediately recognizable throughout the main deck Class E cargo compartment to notify supernumeraries when to don oxygen masks. As a backup to the automated alert system, the flightcrew must be able to

manua lly activate the 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 mask and activating the flow of oxygen).

6. Turbulence Alert:

A flightcrew member

- operated aural or visual alert, which is recognized in the main deck Class E cargo compartment must be installed to indicate, during turbulence/ pred icted turbulence, that persons must return to their seats. Appropriate procedures and limitations must be established to ensure that, at the onset of turbulence, the flightcrew member alerts the supernumeraries to13 return to their seats. These procedures mu st include occ upants in the lavatory. The pre

- flight briefing must explain these alerts to the supernumeraries.

7. Placards:

Placard(s) are to be located inside and outside of the cargo compartment in a conspicuous location, either on or adjacent to both side s of the smoke barrier door. The placard(s) must indicate the following:

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

.

 Smoking is not allowed within the cargo compartment

. The pre

- flight briefing must inform supernumeraries of these requirements.

8. Alerting R equirements:

a. Alerts m ust be distinctive and effective. Alerts must distinguish between decompression and turbulence.

b. Visual alerts must be visible from all occupant locations and orientations, during all expected operational conditi ons including a rapid decompression where moisture in the air may condense.

c. Aural alerts must be loud enough to be heard during all expected operational conditions including a rapid decompression where the ambient noise level will increase.

d. Flightcrew acti vated and lighted “Fasten Seat Belt” signs are required and must be visible to persons sitting in the supernumerary seats.

e. Flightcrew activated and lighted “Return to Seat” signs along the length of the cargo compartment are required and must be visible th roughout the accessible areas of the Class E cargo compartment.

9. A public address (PA) system must be installed. It must be audible throughout the occupiable compartments of the airplane, and activated from either the flight deck or from the supernumerary s eating area. The PA system must comply with § 25.1423 at Amendment 25

- 79.

10. An interphone system must be installed that provides two

- way communication between the supernumerary seating area and the flight deck and is within reach of at least one of the super numeraries at his/her seat. This system must be independent of the PA system except for handsets, headsets, microphones, selector switches, and signaling devices. When supernumeraries are carried, this seat position must be occupied for taxi, take off

, and landing.