**David M. McDonald**
VP Operations

7765 Northwest 54 th Street Miami, Florida 33166 U.S.A. Phone 305.594.5802

Fax 305.594.5804 www.aeronautical

- engineers.com dmm@aeronautical

- engineers.com November 21, 2013

U.S. Department of Transportation Comment tracking number Docket Management System 1jx

- 85ce

- 2vdr

400 7 th Street SW

Room PL 401 Washington, DC 20591

- 0001

Attention Transport Airplane Directorate

RE: Request For Exemption From FAR §25.785(b ) For Freighter Aircraft (STC # ST01827LA)

To Whom It May Concern,

Aeronautical Engineers, Inc. (AEI) has been granted an exemption from c ertain Federal Aviation Regulations (FAR) pursuant to 14 CFR Part 11 , via Exemption No. 9722, allowing the carriage of up to 4 non

- crewmembers (commonly referred to as supernumeraries ). In addition to the exemptions requested and granted in Exemption 9722, AEI also seeks an exemption from the requirements of FAR §25. 785, amendment 72 , and §25.562

. Finally, AEI seeks an amendment of Exemption 9722 to increase the total number of persons on board from 6 to eight.

**The petitioner requests relief from the following regulations:** 

§25. 785 (b) , Amendment 25

- 88

, incorporates by reference FAR §25.562. FAR §25.562

, Amendment 25

- 64 require s , among other things, seats be able to withstand up to a 14G vertical

and 16G horizontal load. This requirement exceeds the ce rtification basis for the original flight

attendant seats. In order to provide additional supernumerary seating, AEI relocates the aft flight attendant seat (a dual seat) to the front of the 9G barrier. AEI seeks approval to use §25. 785(b)

, Amendment 25

- 32 as there is no appreciable improvement in the safety level provided to the supernumeraries. All of the seats in the aircraft otherwise remain at amendment level 20, which is

the certification basis for the aircraft.

**The petitioner supports its request wi th the following information:** 

AEI holds numerous Supplemental Type Certificates for modification of transport aircraft. With regard to this petition, AEI holds STC ST01827LA which allows conversion of Boeing 737

- 300/400 aircraft to a freighter with a Cl ass E main deck cargo compartment. Over 200 Boeing aircraft have been converted by AEI to freighters. Some operators of AEI freighters need to be able to carry supernumeraries to assist with special cargo such a valuable cargo requiring security and/or pe rishable, fragile, or live cargo requiring special attention to ensure its safe delivery. The interest of the petitioner is in providing a level of safety for the crew, supernumeraries, cargo and**David M. McDonald**
VP Operations

7765 Northwest 54 th Street Miami, Florida 33166 U.S.A. Phone 305.594.5802

Fax 305.594.5804 www.aeronautical

- engineers.com dmm@aeronautical

- engineers.com aircraft that will allow operators of AEI converted 737 frei ghters to meet the needs of their

clientele.

In this case, the supernumeraries are limited to a maximum of 4 persons which occupy the existing aft facing flight attendant (F/A) seats on the lavatory bulkhead and the relocated forward facing

F/A seat mount ed on the front of the 9G bul khead. See diagram below.

The Boeing 737 certification basis is 14 CFR Part 25. Amd. 25

- 20

. The certification basis for AEI’s STC for the freighter conversion is 14 CFR Part 25, Amd. 25

- 117

. The seats used on the 9G

bulkhead are the original forward facing F/A seats located in the F/A station in the rear of the aircraft. During conversion, these seats are relocated from the rear of the aircraft to the forward

side of the 9G bulkhead.

Petitioner seeks to maintain equivalent safety for all supernumeraries. It makes little sense to have the entire aircraft designed to one certification basis but to re quire the seat moved to the 9G

bulkhead to meet a different certification basis. Similar relief has been granted in Exemption 948 7.

AEI B737

- 300/400 Freighter Supernumerary Area**David M. McDonald**
VP Operations

7765 Northwest 54 th Street Miami, Florida 33166 U.S.A. Phone 305.594.5802

Fax 305.594.5804 www.aeronautical

- engineers.com dmm@aeronautical

- engineers.com 9G Barrier and Forward Facing Supernumerary Seat

Increase Of Total Persons On Board

AEI ’ s current exemption from 14 CFR 25.85 5 and 25

. 857 (Exemption 9722) allows a maximum of 6 persons onboard, including crew. Many of the subject 737 aircraft h ave an existing OEM

observer ’ s seat in the cockpit and some include a second observer’s seat , for a total of 4 seats on the flight deck . AEI’s current exemption allows a total of six persons onboard, including crew, which limits the use of existing cockpit seating and/ or supernumerary seating. Increasing the number of persons onboard from 6 to 8 will not adversely affect safety as all occupants will be in seats already approved for use in the aircraft. AEI requests approval of using the observer seats on

t he flight deck for supernumerary seating as well.

Request for Waiver of Public Comment

AEI requests waiver of the normal public comment process since this request is substantially**David M. McDonald**
VP Operations

7765 Northwest 54 th Street Miami, Florida 33166 U.S.A. Phone 305.594.5802

Fax 305.594.5804 www.aeronautical

- engineers.com dmm@aeronautical

- engineers.com similar to those already granted to other freighter STC holders and becaus e the granting of this petition will not create new precedent.

2. Public Interest

An exemption from 14 CF R 25.85 5 and 25

. 857 to allow t he carriage of an appropriate number of attendants aboard an aircraft to monitor and to attend to the special requirements of valuable, fragile, perishable, or live animal cargo, serves the public interest in raising the level of safety of the cargo, the airplane, the flight crew, and consequently, the public in general. In addition, a grant of an exemption from the requirements of FAR §25. 785, amendment 72 , and §25.562 provi ding equivalent safety for all persons on board an aircraft, both crew and supernumerary, also serv es the public interest by ensuring consistent and equivalent safety standard for all occupants of the

aircraft

.

AEI respectfully requests that this petition be granted.

Sincerely,

David M. McDonald,

Vice President