Subject: Petition for Exempt ion from 14 CFR 25.791(a),(b); 25.807(b), (c)(1),(c)(5), (c)(6); 25.809(f)(1); 25.8 13(f); 25.857(e) and 25.1447(c)(1) due to carriage of persons other than crew (supernumeraries) on the 747-400 Large Cargo Freighter (LCF)

Introduction:

The 747-400 Large Cargo Freighter (LCF) is a 747-400 series passenger airplane that has been modified in accordance with FAA-approved Boeing Service Bulletin 747-00-2084 to operate in a freighter configuration. As identifie d in Exemption 8769/8769A/8769B, the primary purpose of these airplanes is carrying non-flammable components that support Boeing Model 787 airplane production and other non-787 la rge/outsized cargo that directly supports Boeing corporate busines s activities. There are currently four (4) LCF airplanes in operation.

Although Boeing owns these airplanes, they ar e operated on behalf of Boeing by a Part 121 operator, and the aircraft are N-registered. As a condition of the previous exemption, these aircraft transport only the cargo allo wed per the exemption and are not used by Boeing or the aircraft operator to con duct commercial freight hauling operations.

The flight deck of the LCF retained the four (4) approved flight deck seats from the original 747-400 series passenger model which ar e currently restricted to flight crew use only: pilot, co-pilot and two (2) observer seats.

There are no provisions on the aircraft for th e carriage of passengers. The purpose of this exemption would be to allow for carriage of two (2) persons othe r than flight crew (supernumeraries) utilizing th e existing observer seats locate d in the flight deck. No access to the Class E cargo compartment is possible.

The upper deck interior arrangement consists of a flight deck crew rest, lavatory, closet, galley and 747-400F style ladder to the main deck. Emerge ncy equipment, galley oxygen drop, exit signs, and emergenc y lighting are also installe d to support the interior configuration (CP D926U013-17) . The flight deck overhead hatch remains unchanged and is equipped with inertial reels sa me as the 747-400 series passenger model.

The main deck area located forward of the Class E cargo compartment is not allowed to be occupied during taxi, takeo ff, flight and landing. The ladd er from the upper deck leads directly towards the RH entr y door. The slide raft on the RH door has been removed and replaced by a 747-400F door liner and escape rope with a ten (10) person life raft installed nearby. The RH slide raft was re moved to allow better access to the door. The LH entry door retains its passenger slide raft. These main deck doors and rafts have been preserved for the planned ditching scenario. Exit signs and emergency lighting are installed to illuminate the path and direct the occupants to the main deck door pair for their use as planned ditching exits. Em ergency equipment including two (2) fireextinguishers, (halon and water), and a portable Emergency Locator Transmitter (ELT)

are also installed on the main deck.

Boeing is proposing to allow the carriage of up to two (2) persons (supernumeraries) in the flight deck in addition to the two (2) flight crew me mbers in lieu of four (4) crewmembers only. This will allow for the mo re efficient use of the LCF airplanes in support of the 787 program. Bo eing is therefore requesting an exemption similar to FAA Exemptions 1870, 1870A, 1870B, 1870C, 1870D, 1870E and 9735 for 747-100(SF)/- 200F/-200C/-200(SF)/-400F, FAA exemp tions 8590, 8590A, and 8590B for 747-400SF (747-400BCF), and FAA exemptions 9793, 97 93A and 9793B for 747-8 which allows for the carriage of limited persons (super numeraries) on cargo aircraft. The main

difference between these listed 747 aircraft and the 747-400 LCF is that the upper deck area has a single emergency exit which is the overhead crew hatch and that the planned ditching scenario exits are located on the main deck.

(a) Name and Address of the Petitioner

The Boeing Company

c/o Mr. Robert A. Beaudreau

3855 North Lakewood Blvd

P.O. Box 200

Mail Code D800-0018 Long Beach, CA 90846-0200

(b) Sections of 14 CFR from which an Exemption is Requested

Boeing is seeking an exemption from the fo llowing sections of 14 CFR for the Model

747-400 LCF:

14 CFR 25.791(a)(b) , Amendment 25-32 effective May 1, 1972, requires, in part, that when installed, signs notifying when smoking is prohibited and when safety belts should be fastened must be legibl e to each seated occupant in the passenger cabin and be operable by the crew.

14 CFR 25.807(b) introductory sentence , Amendment 25-55 effective April 28, 1982, requires, in part, that each required passenger emerge ncy exit must be accessible to the passengers and must be located where it will afford the mo st effective means of passenger evacuation.

14 CFR 25.807(c)(1),(c)(5) , Amendment 25-55 effective April 28, 1982, requires, in part, that for passenger seating configur ation of one through ni ne (1-9) that there must be one Type IV over wing emergency exit in each side of the fuselage otherwise the exit in each side of the fuselage must be a Type III size or greater

.14CFR 25.807(c)(6) , Amendment 25-55 effective Apr il 28, 1982, requires, in part, that excess emergency exits in the pa ssenger compartment must be readily accessible and meet the requirements of 14 CFR 25.8 09 thru 25.812.

14 CFR 25.809(f)(1) , Amendment 25-34 effective December 31, 1972, requires, in part, that each passenger emergency exit greater than six (6) feet from the ground must have an automatically deployed slide or equivalent to assi st the occupants in reaching the ground with landi ng gear leg(s) collapsed.

14 CFR 25.813(f) , Amendment 25-46 effective December 1, 1978, requires, in part, that doors utilized to reach any requi red emergency exit from any seat in the passenger cabin must be latched open.

14 CFR 25.857(e)

, Amendment 25-93 effective Marc h 19, 1998, requires, in part, when a Class E cargo compartment is inst alled on the airplane, the airplane is used for carriage of cargo only.

14 CFR 25.1447(c)(1)

, Amendment 25-41 effective Sept. 1, 1977, requires, in part for operations above 25, 000 feet, the oxygen disp ensing system must be immediately available to each seated occu pant and automatically presented. The number of dispensing units must be greater than 10 percent of the number of seats and uniformly distribute d throughout the cabin.

Related Sections of 14 CFR and 747-400 LCF G-1 issue paper:

14 CFR 25.805

, Amendment 25-0 effective November 3, 1964 requires, in part, that except for aircraft with less than 20 passengers that have convenient and readily accessible passenger exits for flight crew evacuation, there must be either one exit on each side of the airplane or a top hatch, in the flight crew area.

14 CFR 25.807(b)(1),(b)(2) , Amendment 25-55 effective April 28, 1982 requires, in part, that exit openings larger than sp ecified may be used if the specified opening can be inscribed within the opening and th e base of the inscribed opening meets the specified step-up and step-down heights.

14 CFR 25.809(f)(2) , Amendment 25-34 effective December 31, 1972, requires, in part, that each flight crew emergency exit greater than six (6) feet from the ground that the assisting means may be a rope or an y other means demonstrated to be suitable for the purpose.

14 CFR 121.583(a) , Amendment 121-298 effective July 10, 2003 provides, in part, for categories of persons that may be carried aboard an airplane in part 121 service without complying with all passe nger-carrying airplane requirements of part 121.Exception to 14 CFR 25.365: The 747-400 LCF G-1 issue paper utilizes, in part, as a mitigating feature (in

order to retain the certification basis for 14 CFR 25.365 at the 747-400 certification basis) the fact that there is a reduced exposure to the threat of explosive devices as there are no passengers.

Special Conditions 25-61-NW-1, 25-71-NW-3: The 747-400 LCF G-1 issue paper states that the above listed special conditions are not part of the aircra ft certification basis since there are no passengers and no passenger accommodations.

Equivalent Safety Findings to 14 CFR 25.815: The 747-400 LCF G-1 issue paper stat es that the 14 CFR 25.815 Equivalent Safety Finding (ESF) does not apply to th e LCF since there are no passenger and

no passenger seats.

(c) Extent of Relief and Reason

Extent of Relief Sought

As provided in 14 CFR 11.61(b), Boeing hereby petitions for exemption from 14 CFR sections 25.791(a),(b); 25.807(b),(c)(1),(c)( 5),(c)(6); 25.809(f)(1); 25.813(f); 25.857(e) and 25.1447(c)(1 ) as noted above to allow th e carriage of two (2) persons (supernumeraries) other than flight crew to occupy the observer seats located within the flight deck of the 747-400 LCF.

Information to Support Grant of Exemption

1. Occupancy of the LCF is a maximum of four (4) persons, tw o (2) of whom are requested to be non-crewmembers. In support of this request, the Ai rplane Flight Manual (AFM) will be revised to limit the carriage of supernumeraries to pers ons as defined in 14 CFR 121.583(a)(1), (2), (3), (4)(v ii), (4)(viii) and (5). This limitation shall include the requirement for the operator to ensure that the occupants are properl y trained and briefed on the evacuation system and that the occupant is physically able to utilize the escape means as determined by the opera tor {14 CFR 121.583(b) through (d)}.

2. Evacuation harnesses for each occupant wh ich are suitable for egress through the

overhead hatch will be installed in the crew accommodation area.

3. Supernumeraries are located in the flight deck and as such, they are located within visual and aural range of the flight crew. Through verbal instruction, and observation of the crew, the supernumerarie s would clearly understand what actions are acceptable and required. The low ratio (1:1) of crew to s upernumeraries provides adequate leadership and control during an emergency evacuation.4. Boeing proposes that supernumerary training coupled with the close proximity to flight crew members provides a level of safe ty equivalent to 14 CFR 25.791(a),(b).

5. The upper deck flight crew overhead emer gency exit hatch meeting the requirements of 25.805 and 25.809(f)(2) provides a readil y accessible and effective means of evacuation for two (2) flight cr ew and two (2) supernumeraries within the flight deck. This is based on granted exemptions on othe r 747 freighter (ref. section g) which has previously designated the overhead exit as an emergency exit for the use of persons other than crew members. In addition, evacuation of eight (8) occupant s through the 747-400F

overhead exit was demonstrated as de scribed in test report D6U10195. The demonstration showed two (2) crew and six (6) supernumeraries were able to evacuate through the overhead exit of the upper deck us ing evacuation harnesse s and inertia reels in 71.4 seconds. By comparison, the LCF will have a maximum occupancy of four (4) persons. Boeing proposes that the flight crew emergency exit provides a level of safety equivalent to 14 CFR 25.807(b),(c)(1),(c)(5), 25.809(f)(1).

6. The current LCF is equipped with the fli ght deck overhead hatch as the means of egress using inertial reels. The main deck exits are utilized as required planned ditching

exits. The main deck Door 1L has retain ed the passenger slide/raft meeting the requirements of 25.809(f)(1) and Door 1R is equipped with an escape rope with an additional portable life raft stored nearby. Th e slide/raft at Door 1R was removed to provide adequate space at the foot of the la dder to enable unrestricted descent/ascent. Boeing proposes that this emergency exit comb ination provides adequate escape means for the four (4) occupants (2 flight crew, 2 supernumeraries) and requests an exemption from 14 CFR 25.807(c)(6) and 14 CFR 25.809(f)(1) at Door 1R.

7. The current LCF is equipped with a ladde r enclosure door to pr eclude occupants from accidentally falling down the ladder while moving about the confined crew accommodation area. In addition, the closed door aids in smoke evacuation and reduces the probability of smoke penetr ation. The ladder door is requ ired to be latched when not in use and must remain closed during taxi, ta keoff, flight and landi ng. The ladder door is expected to be used for normal airplane en try/exit and for a planne d ditching scenario. A planned ditching event has not been recorded in the history of aviation and hence, is highly unlikely. In addition, it is unlik ely during a planned ditching with water displacement that the fuselage would deform to such an extent that the ladder door would become jammed and be rendered unusable. Th e ladder door is located on the upper deck with a large amount of structure beneath wh ich must deform prior to the door jamb structure deforming. In the remote chance that the door becomes jammed, as a back-up, the ax required by 14 CFR 121.309( e) can be used to break the latch an d/or hinge to get the door open. If the door was latched ope n, the likelihood of occupants falling down the ladder would greatly increase. This is cont rasted with the unlikelihood of the door jamming during a planned ditchi ng scenario. Boeing proposes that the ladder door in the closed position provides more protection for the limited numbe r of deck occupants than would be provided with the la dder door in the open positio n and requests an exemption from 14 CFR 25.813(f).8. The LCF has Class E cargo compartments as granted in Exemptions 8769/8769A/ 8769B. The compartments can only be accessed through the cargo doors while on the ground. The cargo compartments are physically separated from the occupiable area by a pressure bulkhead. In the event of a fire in a cargo compartment, there is no procedure to depressurize the occupied compartments. The flight deck area complies with the smoke penetration requirements and crew type oxygen is provided for each seat. Supernumeraries are provided the same level of protection as the flight crew members during a fire. Boeing proposes that an ex emption be granted to 14 CFR 25.857(e) to allow the carriage of supernumeraries. This would be consistent with other exemptions granted for cargo aircraft with Cla ss E compartments (ref. section g).

9. The LCF has crew type oxygen provisions for all seats in the flight deck for ground/flight operations (taxi, takeoff, cruise, descent and landing). The masks are installed in a readily accessible location that is visible to the occupants, and are of the quick-donning variety. A singl e motion removes the mask from its stowage, which is directly comparable to pa ssenger oxygen dispensing units. No tification that oxygen is necessary is by aural signal and visual of f light crew actions, as opposed to automatic presentation of the masks. Additional passenger type oxygen drops with automatic presentation are provided inside the crew re st, lavatory and galley area. Boeing proposes that the crew type oxygen with flight crew indication of when oxygen is needed provides a level of safety equivalent to 14 CF R 25.1447(c)(1) for automa tic presentation.

10. A ten percent excess of the required oxyge n provisions is also required by 14 CFR 25.1447(c)(1). Extra oxygen within the passenger cabin is typically required enable cabin attendants to move freely about wh ile aiding passengers with donning of their oxygen masks. The LCF supernumeraries are trained and will not require assistance with donning their masks. Boeing proposes that excess oxygen masks are not required and that an exemption to 14 CFR 25.1447(c) (1) for the required ten percent excess oxygen provisions be granted.

11. The 747-400 LCF G-1 issue paper utilizes, in part, as a mitigating feature (in order to

retain the certification basis for 14 CFR 25.365 at the 747-400 certifica tion basis) the fact that there is a reduced exposure to the th reat of explosive de vices as there are no passengers. If this exemption is granted, ther e still will not be any passengers aboard the aircraft. Boeing proposes that the carriage of two (2) supernumeraries who are a special class of persons limited to those persons listed in section (c)1 above will not materially change the argument presented in the G-1 issue paper and that 14 CFR 25.365 will

remain at amendment 25-53.

12. The 747-400 LCF G-1 issue paper states th at Special Conditions 25-61-NW-1 and 25- 71-NW-3 are not part of the aircraft certifi cation basis since there are no passengers and no passenger accommodations. If this exemption is granted, there still will not be any passengers aboard the aircraft. Boeing proposes that the carriage of two (2) supernumeraries who are a special class of persons limited to those persons listed in section (c)1 above will not materially change the argument presented in the G-1 issue paper and that these special conditio ns are not applicable to the LCF.13. The 747-400LCF G-1 issue paper states that the 14 CFR 25.815 Equivalent Safety Finding (ESF) does not apply to the LCF si nce there are no passenger and no passenger seats. If this exemption is granted, ther e still will not be any passengers or standard passenger seats aboard the aircraft. Boei ng proposes that the carriage of two (2) supernumeraries who are a special class of persons limited to those persons listed in section (c)1 above will not materially change the argum ent presented in the G-1 issue paper and that the 14 CFR 25.815 ESF does not apply.

(d) Statement of Public Interest

The public interest would be advanced by the gr ant of this petition since flexibility in the LCF aircraft missions would increase its efficiency and in turn, maintain or lower the costs associated with the aggressive manuf acturing and delivery schedule for the Boeing Model 787 airplane. More efficient use of th e LCF will reduce the co st associated with manufacturing and minimize delays associated with transporting mission-critical parts and 787 and or LCF support personnel. This is most efficiently accomplished by carrying support personnel aboard the LCF ra ther than taking separate commercial flights that may not have the same schedul e while incurring additional transportation

expenses.

The 787 is more fuel efficient as compared to other airplanes currently in service. The

sale of 787s contributes to a healthier envi ronment through the replacement of less fuel efficient airplanes. The 787 relies on the 747-400 LCF to maintain this tight schedule and disruption in the LCF operations can cause delays to the 787 production delivery schedule. Given the large volume of intern ational sales of the 787, this would impact commerce worldwide. Maintaining the 787 de livery schedule could result in increased sales thus helping to supply the public need for increased air travel for passenger carrying capacity. The availability of re liable, cost efficient, and timely transportation of 787 part assemblies will contribute to the competitive position of air transport manufactures in the United States and to the balance of trade, gr oss domestic product and economic health of

the United States. In addition to creati on of jobs and promo tion of United States commerce, the 747-400 LCF global transpor tation system cont ributes to the competitiveness of US state of design airpla nes in the global market through the use of lean manufacturing on a global level. More efficient manufacturing and transportation reduces reliance on fossil fuel sources and prom otes a cleaner and hea lthier environment.

These are all in the public interest, and the design propos ed in combination with these petitions maintains the current level of safety.

(e) Reasons why Granting the Exempt ion Would Not Adversely Affect Safety

Boeing maintains that the carriage of super numeraries would not adversely affect the safety of the aircraft. Supernumeraries ar e provided an equivalent or better level of safety afforded the flight crew through the usage of the existing re quired flight crew safety systems on the 747-400 LCF and the usage of additional emergency evacuation harnesses provided for all LCF occupants.This includes the following considerations:

The fleet of 747-400 LCF aircraft is small due to their special use. They are designed to carry non-flammable aircraft components per Exemptions 8769/8769A/8769B. Due to their special use, th e aircraft are not used to c onduct commercial freight hauling operations by its 14 CFR Part 121 operator. The supernumeraries will be limited to those persons who meet the requirements of section (c)1. In addition, the AFM will include the requirement that supernumeraries are physi cally fit as determined by the operator, and briefed on the usage of their emergency equi pment and means of egress prior to each flight {14 CFR 121.583(b) through (d)}. These AFM limitations restri ct the aircraft’s usage such that the LCF cannot carry passengers for hire.

(f) Summary for Publication in the Federal Register

Rule from which the exem ption is being sought:

In accordance with 14 CFR 11.61(b), the Bo eing Company hereby petitions for an exemption from the requirements of 14 CF R sections 25.791(a),(b); 25.807(b),(c)(1), (c)(5),(c)(6); 25.809( f)(1); 25.813(f); 25.857(e) and 25.1447(c)(1 ) to allow the carriage of two (2) persons (supernumerarie s) other than flight crew who may occupy the observer

seats located within the fli ght deck of the 747-400 LCF. The FAA previously granted similar exemptions to these requirements to allow for the carriage of limited persons (supernumeraries) on aircraft with a Cla ss E cargo compartment and allowing egress through the flight crew emergency hatc h on a range of 747 freighter models:

1870/1870A/1870B/1870C/ 1870D/1870E & 9735 for 747-100(SF)/-200F/-200C/- 200(SF)/-400F, Exemptions 8590/8590A/8590B for 747-400SF (747-400BCF), and Exemptions 9793/ 9793A/9793B for 747-8.

Brief description of the nature of the exemption:

Boeing has converted a small fleet of 747- 400 passenger aircraft into 747-400 Large Cargo Freighters (LCF). These aircraft are designed to carry non-flammable aircraft components per Exemptions 8769/8769A/8769B primarily in support of the 787 production. Due to their special use, the airc raft are not used to conduct commercial freight hauling operations by its 14 CFR Part 121 operator. The LCF flight deck has retained the four (4) approved flight d eck seats from the or iginal 747-400 series passenger model. These flight deck seats are cu rrently restricted to flight crew use only: pilot, co-pilot and two (2) observer seats.

Boeing is proposing to allow the carriage of up to two (2) persons (supernumeraries) in the flight deck in addition to the two (2) flight crew me mbers in lieu of four (4) crewmembers only. This will allow for the mo re efficient use of the LCF airplanes in support of the 787 program.

This requires an exemption from 14 CF R part 25, sections 25.791(a),(b); 25.807(b), (c)(1),(c)(5),(c )(6); 25.809(f)(1); 25.813(f); 25.857(e) and 25.1447(c)(1 ) to allow forcarriage of two (2) supernumeraries utilizing the existing observer seats located in the flight deck.

The 747-400 LCF Airplane Flight Manual will includ e a limitation that the carriage of supernumeraries must meet the requirements 121.583( a)(1), (2), (3), (4)(vii), (4)(viii) and (5). In addition, the AFM will include the requirement that supernumeraries are physically fit as determined by the operator, and briefed on the usage of their emergency equipment and means of egress prior to each flight {14 CFR 121.583(b) through (d)}.

These AFM limitations restrict the aircraft ’s usage such that the LCF cannot carry passengers for hire.

The public interest would be advanced by the gr ant of this petition since flexibility in the LCF aircraft missions would increase its efficiency and in turn, maintain or lower the costs associated with the aggressive manuf acturing and delivery schedule for the Boeing Model 787 airplane. More efficient use of th e LCF will reduce the co st associated with manufacturing and minimize delays associated with transporting mission-critical parts and 787 and or LCF support personnel This is most efficiently accomplished by carrying LCF support personnel aboard the LCF rather than taking separate commercial flights that may not have the same schedule while in curring additional transportation expenses.

The 787 is more fuel efficient as compared to other airplanes currently in service. The

sale of 787s contributes to a healthier envi ronment through the replacement of less fuel efficient airplanes. The 787 relies on the 747-400 LCF to maintain this tight schedule and disruption in the LCF operations can cause delays to the 787 production delivery schedule. Given the large volume of intern ational sales of the 787, this would impact commerce worldwide. Maintaining the 787 de livery schedule could result in increased sales thus helping to supply the public need for increased air travel for passenger carrying capacity. The availability of re liable, cost efficient, and timely transportation of 787 part assemblies will contribute to the competitive position of air transport manufactures in the United States and to the balance of trade, gr oss domestic product and economic health of

the United States. In addition to creati on of jobs and promo tion of United States commerce, the 747-400 LCF global transpor tation system cont ributes to the competitiveness of US state of design airpla nes in the global market through the use of lean manufacturing on a global level. More efficient manufacturing and transportation reduces reliance on fossil fuel sources and prom otes a cleaner and hea lthier environment.

These are all in the public interest, and the design propos ed in combination with these petitions maintains the current level of safety.

Boeing maintains that the proposed airpla ne configuration in conjunction with supernumerary carriage limitations will result in a comparable level of airplane safety to that of an airplane designed to only carry f light crew as required by 14 CFR, Part 25. The carriage of supernumeraries has been approved on multiple large transport airplane designs and has not adversely affected the sa fety of the aircraft. Supernumeraries are provided an equivalent or bette r level of safety afforded th e flight crew through the usage of the existing required flight crew safety systems on the 747-400 LCF and the usage of additional emergency evacuation harnesse s provided for all LCF occupants.Boeing therefore requests that an exemption be granted to allow the carriage of up to two (2) persons other than flight crew (supernumeraries) lieu of four (4) crewmembers only.

(g) Additional Information in support of the Exemption Request

Boeing requests that the FAA not publish a summary and not reques t comments for this petition for exemption because the relief requested is similar to exemptions granted previously in Exemptions 1870/187 0A/1870B/1870C/ 1870D/1870E & 9735 for 747- 100(SF)/-200F/-200C/-200(SF)/-400F, Exemptions 8590/8590A/8590B for 747-400SF (747-400BCF), and Exemptions 9793/ 9793A /9793B for 747-8 which allows for the carriage of limited persons (supernumeraries) on cargo aircraft with egress through the flight crew emergency hatch.

Additional Proprietary inform ation will be submitted to the cognizant FAA Directorate

for review.

(h) Application of Exemptions Outside of the United States

This exemption applies to the type design for a transport airplane designed to transport major assemblies built outside of the United States. The privileges for this exemption for this aircraft are necessary to be made av ailable outside of the United States in order to recognize the economic benefit of this means of air transport.