UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RENTON , WASHINGTON 98055-4056

In the matter of the petition of E xemption No. 8057A

Pcmco World Air Services Regulatory Docket No. FAA-2003-14587 for an exemption from §§ 25.785(j), 25.855(a) , 25.857(e) , and 25.1447(c)(1) of Title 14, Code of Federa l Regulations

AMENDED PARTIAL GRANT OF EXEMPTION By letter no. PEMC0-0 1 2520 1 6 -00 005, dated January 24, 2016, Mr. V ictor Burnett, Director of Engineering, Pemc o World Ai r Services , Inc. , 4102 N. Westshore Blvd. , Tampa, FL 33614, on behalf of P emco World Air Services, Inc., pet itioned the Federal Aviation Admin i stratio n (FAA) for an amendm e n t to exe mption no. 8057 to p ermit carriage of two add it io na l non-crewmembers (also known as supernumeraries) on all

- freig hter Boeing M odel 737-200 and -300 airplanes , for a total of four supernumeraries. The amended exempt ion, if granted , wou ld provide relief from the requirements of§§ 25 .78 5(j), 25.855(a) , 25.85 7 (e), and 25.1447(c)( l) of Title 14 , Co de of Federal Re gulations ( 14 CFR). The petitioner reque s t s relief from the following regulations: Sec tion 25.785U}, at Amendment 25

- 88 , req uire s , in pert inent part , that there be a firm handhold to enable occupants to steady themselves when moving through the aisles in moderately rough ai r. Section 25.855(a} , at Amendment 25 -9 3 , requires that each cargo and baggage compartmen t not occup ied by crew or passengers meet one of th e class requirements of 

### § 25.857. Section 25.857(c} , at Amendment 25-93 r equ ires , in pertinent part , that when a C l ass E cargo compartment is installed on the airplane , the airplane is used f o r carriage of cargo only.Sec tion 25 .1447(c)(l), at Amendment 25-87 , requires, in pertinent 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 a nd outlets must exceed th e numb er of seats by at least I 0 percent. The extra unit s must be unifom1ly distributed throughout the cabin as practicab le. Related Section of 14 CFR: Section 121.583(a) contains, in pertinent part, a listing of categories of persons w ho may be carried aboard an airplane in part 121 service without complying with a ll the requirement s of part 121 pertaining to carriage of passengers. The follow in g ind e nted section quote s, i n pertinent part, the petitioner 's p etition , with minor ed its for clarity.

Pemc o is req uest in g an amendment to the current exemption no. 8057 to permit carriage of2 add itiona l non-crewmembers on an all-freig hter airplane. Thi s request would change the current restriction o f 2 non-crewmembers to 4 non - crewmembers. Pemco notes that precautions and in structio ns for the current exe mption no. 8057 has not changed for th e exist in g 2 non-crewmembers. The oxygen s upply and associated instructions and warning, inclu d in g signs and n otificati on s, are the sa me as described in exemption no. 8057 for 2 non-crewmembers. For the 2 addit iona l non-crewmembers in th e vesti bule , the associated instructions and wa rnin gs are id entical to the 87 37

- 300. Oxygen supp ly 

### in case of dep ressur i zation i s ensured by portable oxyge n bottles installed directly adjacent to the double flightattendant seat (supernumerary)

. Portab le oxyge n masks are connected to the high-press ure outlet. When oxyge n ma sks need to be used, occupants are notifi ed by a chime and by li ghted s igns located within view. Activation of signs has not changed. The original Supporting Argument of exempt ion no. 8057 also app li es to the thi s petition for amendment. The following indented section paraphrases supporting arguments from the petitioner's original petition letter dated February 12 , 2003 , as th at letter resulted in the issuance of exemption no. 8057. Description of the airplane The Boeing Mode l 737 is a pressurized, low-wing, transport-category a ir p lane powered by t wo engines. This j et airplane is designed for low fuel bum and s hort-to-medium range operations. Pemco owns supp lemental type ce rtificates (STCs) SA2968SO, SA2969SO , SA2970SO , and SA2971 SO , that conver t the passenger aircraft to Quick Change and to Pur e Freighter. This exemptio n is being sough t for the freighter configurat ion , which has a 9G bulkhead between fuselage station 349 and 353 , that acts as both 9G cargo barrier and s moke ban·ier.

2The cabin area between the 

### 90 barri er and the cockpit bulkhead remains the same as the passenger configuration. That is to say that the dual flight attendants seat remains , along with all the standard Boeing features provided for the two flight attendants. 

### Eq u iva lent Level of Safety Pemc o considers that an equivalent level of safety to the parts of the requirements from which re lie f is sought is achieved by design precautions and by the introduction of airp lane flight manual instructions for th e Pemco freighter co nverted a irplane that are identical to those for the B737-200 /3 00 airplane. The oxygen supp ly and associated in str uction s and warnings are identical to those for the B737-200 /300 airplane. Oxygen supply in case of depressuri zation (as requ ired in case of smoke warning in the main deck cargo compartment) is ensured by drop-down oxygen masks , which remain s unchanged from th e configuration delivered by Boeing. When oxygen masks need to be used, occupants are notified by a chime and by lighted signs located within view. These signs can be either manually activat ed by the fli ght crewmembers or auto mati call y turned on by an alt itude pressure swi t c h. The masks automatically dep loy as the y wo uld if the a irplane remained in passenger configuration. The crew-non-flight-crew two-way commun ica tion system remains the same as delivered w ith the airp lane by Boeing. Two-way co nununication with the cockp it is possible through dedicated communication panel s. Other emergency equipment , as required by the applicable Airworthiness Standards, is also provided. Pemco believes that an equivalent level of safety to the parts of the requirements from wh ich rei ief is sought will be achieved by design precautions and by defining in the Pemco F li ght Manual Supplement Limitation s sec t ion the conditions under w hi ch non-flight crew perso ns may be carried. Both Ll and RI doors and their emergency slides remain installed and active. 

### Exte n t of the Req u este d R egu latory Re li ef The main purpose of this request for exe mption is to permit carriage of non - crew person s on an all-freighter airplane. This is the reason for requesting exempt ion from sections 25.855(a) and 25.857(e). Other sec ti ons from which exemption is sought are secondary to this one. Exe mption from the aforesa id sec ti ons is sought to the followi n g extent: Section 25.857(c): Re lief is so ught to permit carriage oftwo non-crew persons on an allfreighte r airplane , which has a class E cargo compartment. 

### S u pporting Arguments Cargo operators need a number of support personnel for safe loading and offloading of cargo
. Suc h personne l are obvio u sly nee ded both at departure and destination of a cargo flight. It is particu larly important that the cargo handlers are present upon airplane arrival if perishable goods o r live animals are caJTied. The most efficient , sures t, and cheapest way to a ss ure their attendance at the destination airport is to transport them aboard the cargo flight.

3Cargo operators may have to carry cargo such as live animals , hazardous materials, or val uable or perishable goods, that cannot be left unattended, even for the duration of a flight, and the presence of personnel qualified in their handlin g is necessary on the airplane on which they are carried. Safety and effic iency of the opera ti on w ill therefore be enhanced. Cargo operators also need to have qualified personnel for operations and maintenance purposes at various locations. They w ill optimize their mi ss ions if they are permitted to carry their personnel aboard their cargo flights , thus saving travel on regular passenger flights. The Airworthiness Standards applicable to th e type certification of the 8737

- 200/300, as well as the current Airworthiness Standards, do cons ider carriage aboard commercia l flights of c rew me mbers , includin g fl ight crewmembers and cabin attendants, who are assigned duties associated with the operation of the airplane, and passengers who hav e no expected ab ili ty in the use of emergency provisions and therefore need to be attended. The categories of occ upants for which this exemption is so ught are qualified aeronautical personnel. Furth ermore, they are trained in the au tonom ous use of emerge ncy equipment and emergency ex it operation. The operator wi ll also be required to allow access to these seats only to persons found able to perform these tasks on their own. Therefore, the assist space adjacent to the emergency ex it s required by Section 25.813(b), while avai l able for assisting th e passengers in evacuating, i s not necessary , because th e categories of personnel cons idered will be trained for door operation and autonomous evacuation. Both doors are equipped with self-deploy in g s lides. Public Inte rest Pemco presents the argument that th e grant in g of this exemption will be in the public interest by allowing US airlines to compete with other freighter operators with such a configuration. 

### J fallowed to carry non - flightcrew persons aboard their cargo flights, the operato rs of the Pemco converted 73 7-200/300 airplanes will be ab le to operate under optimal safety cond itions , to rend er their operation more efficient , and to realize substantial savings in carrying their personnel from one place to another. The reasons for these benefits are developed in the arguments above. Request for Wa ive r of Publication No new design feature is introduced and the reasons presented for exemption are similar to those for which an exemption has been previously granted for other a irc r aft types. [See exemption no. 5864 and 7799]. Therefore , this req uest will not set a precedent, therefore P emco requests a waiver for the publication and comment period, so that operators of Pemco cargo-conversion [airplane] operators can rapidly begin to reap the benefits of a more efficient operation. Pemco believes that good cau se exists to waive the publication and comment requirements of§§ 11.85 , 11.87 , and 1 1.89. In particular, we feel that the main purpose of

4this petition and the reasons presented in it are identical to tho se for exemptions previously granted by the FAA. 

### Federa l Reg ister p u b li cation The FAA ha s determin ed that good cau se exists for waiving the requirement for 

### Federal Reg ister publication for public comment because the request is identical in a ll material re spects to previously granted exe mption s; the exe mpti on , if g ranted , would not set a precedent; and any delay in acting on this petition wo uld be detrimental to Pemco. 

### T h e FAA's ana lysis The FAA agrees with th e reasons the petitioner provides , and that the number of supernumeraries may be increased from two to four in certain circumstances. However , we have determined that additional limitation s are necessary re garding th e number of supernumeraries allowed to access the Class E cargo compartment for different types of operations. The FAA has pr eviou s ly granted exemption s for s up ernumerary in-fli ght access to the Class 

### E cargo compartment to other petitioners , provided that certain conditi o ns are me t. These co ndition s have va ri ed , depending on the airplane design , the number of p ersons involved , and the type of cargo permitted to be transported in the main-deck Class E cargo compartment , and the number of persons needed in the cargo compartment for th e type of operations. We have divided access to the cargo compartment into three different types of operations: l. Carriage of live ani mal s requirin g care and atte ntion during flight, and associated material only. No othe r cargo
. 2. Cargo only. No li ve animals requiring care and atte ntion durin g flight. 3. Carriage of li ve animals requiring care and attention during flight , and other cargo. An imal s shipped by air may need supernumeraries on board for their care and attention during tlight. We have g ranted exemptions in th e past fo r larger numbers of s up ernumeraries with access into the main-deck cargo compartment under certain conditions. These conditions hav e included limiting the pc1mitted cargo to live an imal s and associated cargo only. We have considered that li ve animals are less flammable cargo than could b e other cargo; therefore , we have allowed le ss -r es tri ct ive access fo r thi s ty p e o f cargo configuration. Rega rdin g th e seco nd t ype of operati on (ca r go o nl y), we have limited access i nto the cargo compartment to a max imum of three supernumeraries only. Thi s numb er of s upernumeraries s hould be capable of addressing the access nee ds for the hazardou s mate rial s and valuable or peri s hable goods durin g tlight. Ther efo r e, the maximum number of s upernumeraries allowed into the Class E cargo compartment to care /attend to ha zardous cargo is three. Concerning the third t ype of operation (live an imals re quiring care / attention during flight , and other cargo) , we under s tand that this is a common operation. The addition of cargo to a livea nimal carriage operat ion cau ses additional risk of exposure from the s moke and fumes of a fire. As the numb er of supernumeraries increases, and th e duration of exposure increases, we must provide fo r a reasonable l eve l of protection from s moke inhalation. Several factors are



### 5cons idered when making a determination for the acceptable level of safety in tllis case. Past industry practice , the number of supernumeraries with access, the airplane configuration, cargo compartment size, li mited egress paths, potential cargo present, and the duration of exposure are a ll re l evant factors. We have determined that a maximum of four supernumeraries may be allowed access into the main-deck Class E cargo compartment, in -flight, for operations types 1 and 3 (above) only. For type 2 operations , the maximum numb er of supernumeraries allowed access i s three. As compared to exemption no. 8057, and co n sistent with relief granted to sim il ar petitioners, thls amended exemption c hanges limitation no. 1 to allow up to four supernumeraries on the airplane , and adds limitati on no. I 0 to spec ify the number of supernumerarie s who can access the Class E cargo compartment for different types of cargo operations

. 

### The FAA's de c isio n In co nsidera tion of the foregoing, I find that a partial grant ofamended exempt ion is in the public interest. Therefore. pursuant to the authority contained in 49 U.S.C. 

### §§ 40113 and 44701, delegated to me by the Adm ini strator, Pemco World Air Services is hereby granted a partial amendment to exemption no. 8057 to provide relief from the requirements of Title 14 , Code of Federal Regulati ons (14 CFR) 25.785U), 25.855(a), 25.857(e) and 25.1447(c)(1)

. The petition is granted to the extent required to permit type certification of Boeing Model 737-200 and 737

- 300 ai rp lanes th at have been co nverted from a passenger to a fi
· eighter configuration, with provisions for th e carriage of up to 4 supernumeraries with limite d in -flig ht access to the cargo compartment. The following limitations app ly and must be documented in the limitations section of the airplane flight manual (AFM) : 1. Occupancy outs ide the fli ghtdeck is restricted to a maximum of four persons. 2. Supernumeraries are limited to the categories specified in 14 CFR 121.583(a)(l) through (7). 3. Each supemumera r y must be briefed by a flightcrew member on the use of the exits and emergency equ ipment prior to each flight. 4. T he operator mu s t determine that each supernumerary is physically able to accomplish the necessary emergenc y procedures. 5. Each supernumerary must be provided with a portable oxygen so urce w ith a mask connected to it. The s upernumerary mu s t carry this portable oxygen source whenever they enter the Class E cargo compartment. When not in use , the portable oxygen units may be locat ed in a common area . The supernumeraries must be trained in the use of th ese oxygen units. This pot1able oxygen equipment is not required if a limitation is placed in the AFM that prohibits the supernumeraries from being in the C lass E cargo compartment during flight. 6. An aural and vis ual decompression s ig nal must be pro v ided to notify supemumeraties when to don oxygen masks. Th is sig nal must be autom ati cally activated and be immediately r ecogn izable throughout the s upernumerary seating area and in any



### 6accessible area in the Class E cargo compartment. This signal is not required to be recognizabl e in the C lass E cargo compartment if a limitation is placed in the AFM that prohibit s s upernumeraries from bein g in the Class E cargo compartment during flight. The existence of this signal, a nd the accompa n yi ng procedures for donnjng a mask and activatin g oxygen flow , must be included in a pre-flight briefing. 7. An aural or visual annunciation must be in sta lled to indicate that, during turbulence, persons must return to their seats. Trus signal must be operated by the flightcrew and be recognized in t he s upernumerary seatin g area and accessib le areas in the Class E cargo compartment. T hi s annunc iation is not required to be recognizab le in the Class E cargo compartment if a limitation is placed in the AFM that prohibit s supernumeraries from being in the C la ss E cargo compartment during Hight. Appropriate procedures a nd limitations mu s t be esta blished to ensure that the fligh tcrew s i gna ls the supern umerarie s to return to their seats at the o nset of turbulence and for l anding. 8. An aural or vis ual annunciation mu st be installed to indicate that, during a fire in the Class E cargo co mpartment, persons mu st return to their seats and ensure that the smoke banier is secured (i

. e. , the door or curtain is closed). Th e annunciation must be operated by the flightc rew and must be recog ni zed in the Class E cargo compartment Appropriate procedures and limitations must be estab li shed to ensure that the flightcrew signals the supernumeraries to return to their seats and sec ure the smoke ban·ier at the o n set of a fire. The pre-fli g ht b ri e fing must explain thi s annunciation to the s upernumeraries. The preflight briefing , annunciation, and associated procedures and limi tat ions to sig n al th e supernumeraries are not required if a limita tion is placed in the AFM that prohibits supernumeraries from being in the C lass E cargo compartment during flight. 9. There must be a placard whic h indicates th at the smo ke banier mu st be secured (i.e. , th e door or curta in must be closed) whe n n o one is in the C l ass E cargo compartment. T he p l acard must be l ocated in a conspicuous place in the s upernumerary seating area, either on or next to th e s moke barrier. The pre -fli g ht bri efing must inform su pernumeraries of thi s requirement and w hether or not they may enter the C lass E cargo compartment. 10. Main-deck Class E cargo-compartment access limitati ons:

a. Supernumeraries are prorubited from being in the cargo area behind the smoke barrier during ta-xi , takeoff , and landing. The pre-flight briefing must inform supernumeraries of this requirement. Access to cargo compartments is limited to the main-deck Class E cargo compa 11ment. b. Access into th e main-deck Class E cargo compa1tment in-fli g ht is allowed for on ly th r ee types of operation:

1. Carriage of liv e animals requiring care or attention during fl ight, and assoc iated material on ly , no other cargo. The maximum number of supernumeraries allowed in the cargo compartment in

- flight is four.

711. Operati ons for cargo on ly. No live animals requirin g care and attention during flight. The maximum number of supernum e r ar i es a ll owed i n th e ca rgo compartme nt in -flig ht i s limit ed to three.

111. Carriage of li ve an im al s, re quiring care and attent ion during flight , and other cargo. The m ax imum number of supernumeraries a ll owed in the cargo compartment is four

. T hi s exemptio n s up ersedes exemption no. 8057.

M ichael Ka szyck i Acting Manager, T ransport A irplane D irectorate Ai rcraft Certification Ser vice



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