U

.S

. Department of Transportation Federal Aviation Administration



### FEB 1 91015

Mr. Kumaresan Subramaniam Engineering Director VT Mobile Aerospace Engineering, Inc

. 2100 Aerospace Drive, Brockley Aeroplex Mobile, Alabama 36615

Dear Mr. Subramaniam: Transport Airplane Directorate 1601 Lind Avenue, S.W

. Renton ,Washington 98057-3356

Exemption No. 11060A Regulatory DocketNo. FAA-2014-0351

This is to inform you that we have amended Exemption No. 11060. This letter explains the basis for our decision and describes its effect. 

### TheBasis for OurDecision By letter dated October 24, 2014, and by letter dated October 30, 2014, you petitioned the Federal Aviation Administration (FAA), on behalfofVTMobile Aerospace Engineering, Inc. (formerly known as ST Aerospace Mobile, Inc.), for an amendmentto Exemption No. 11060. That exemption provided relieffrom the requirements of§§ 25.7850), 25.807(g)(l), 25.807(i)(l), 25.810(a)(l), 25.813(b)(l), 25.813(b)(6), and 25.1447(c)(1) of Title 14, Code ofFederal Regulations (14 CFR). In addition to requesting the same reliefas previously requested for ExemptionNo. 11060,you sought additional relieffrom the requirements of§ 25.857(e) and requested the removal ofthe turbulence warning (Condition 6) and the public address (PA) system (Condition 11) in the supernumerary area. Yourpetition included the same conditions and reasons relative to public interest and safety that were the basis for granting the original exemption. In your letter dated October 24, 2014, you includejustification for an exemption from§ 25.857(e), which prohibits passengers on airplanes with Class E cargo compartments. You also included justification for exemption from§ 25.810(a)(1), which was previously granted in Exemption No. 11060. In your letter dated October 30, 2014, in support ofremoval ofthe turbulence warning and the PA system in the supernumerary area, you stated that having a standard public address system and aural annunciations that are audible by the supernumeraries in the flight deck would disturb and confuse the flight crew, which affects safety offlight. FederalRegister

### Publication The FAAhas determined that good cause exists for not publishing a summary ofthe petition in the Federal Register for public comment because the requested amendmentto theexemption would not set a precedent, and any delay in acting on this petition would be detrimental to your company. OurDecision Section 25.857(e) restricts Class E cargo compartments to all-cargo airplanes (i.e., occupancy limited to flight crew [pilots and flight engineer] only). However, VT Mobile Aerospace Engineering, Inc.'s (VT MAE) design meets§ 25.857(e)(l) through (e)(5) requirements for the Class E cargo compartmentitself. 2

As stated by VT MAE, Class E cargo compartments are usually remote from the flight deck and the means ofcontrolling fires is to depressurize the airplane to minimize the available oxygen. The recommended altitude for flight while depressurized is between 20,000 and 25,000 feet. The operator is required to ensure that each supernumerary is physically able to accomplish this emergency procedure. In addition, the design includes a barrier, which must comply with the smoke penetrationrequirements for the flight deck. VTMAE's design includes placards installed onthe barrierto indicate that the barrier is to be secured and that no personnel are allowed into the Class E cargo compartment during flight. Also, the FAA acknowledges that we have approved similar designs and operations where thepresence of supernumeraries provides a benefit to airplane safety. Forthis configuration, where the supernumerary seats are located in the enlarged flight deck, VT MAE has requested thatthe FAA remove the requirements for an alerting system and a PA system. We find that this proposal is acceptable and have removed the requirements for a turbulence alert system and PA system in the supernumerary area, since the supernumerary seats are in close proximity to the flight crew. We have revised ConditionNo. 6 accordingly and have removed ConditionNo. 11 ofthe original exemption. However, the turbulence alert must still be recognized in the lavatory and indicate, during turbulence, those persons mustreturn to their seats. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, whichthe FAA Administrator has delegated to me, VT MAE is granted a partial exemption from § 25.857(e), allowing supernumeraries on an airplane with a Class E cargo compartment. VT MAE is not granted an exemption from§ 25.857(e)(1) through (e)(5), Amendment 25-93. The Effect ofOur Decision This amendment adds§ 25.857(e) to the requirements for which the exemption is granted. Note that our decision not to grant an exemptionfrom§ 25.812(e), Amendment 25-128, and from § 25.1445(a)(2), Amendment 25-00, remains unchanged from ExemptionNo. 11060. Condition 6 ofExemptionNo. 11060 is revised as follows: Aflightcrew-operatedaural or visual annunciation that wouldbe recognized in the lavatory mustbe installedto indicate, during turbulence, thatpersons must return to their seats. Appropriateprocedures /limitations mustbe establishedto ensure that theflightcrew signals the supernumeraries to return to their seats atthe onsetof turbulence and for taxi, take-off andlanding.Condition 11 ofExemptionNo. 11060 is deleted. All other conditions and limitations ofExemptionNo. 11060 remain the same. This letter must be attached to, and is apart of, ExemptionNo. 11060.
Sincerely,

John P. Piccola, Jr. Acting Manager, Transport Airplane Directorate Aircraft Certification Service 3