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+1 757.787.7668 BQMS Form 613 October 12

, 2012 In reply, refer to 8 422

Docket Management Facility

U.S. De part ment of Transportation 1200 New Jersey Ave., S.E. West Building Ground Floor

Room W12

- 140 Washington, DC 20590

REF ERENCES : (1) FAA Project ST 15315 LA

- T

, Boeing 747

- 400F Upper Deck Conversion and In

- Flight Access to Main Cargo Deck

. (2) BaySys original submission for this petition, dated March 20, 2012. (3) BaySys updated submission, April 26, 2012 (4) Email from LA ACO, announcing transfer of STC project from NY ACO to LA ACO due to schedule sequencing, May 03, 2012. (5) FAA comments, dated May 17, 2012

. (6) BaySys updated submission, dated June 16, 2012. (7) FAA Comments, dated July 10, 2012. (8) BaySys updated submission, dated August 24, 2012. (9) FAA

- BaySys Teleconf erence A ugust 29, 2012. (10) Smoke demonstrations conducted Sept 12, 2012, Report 8422

- ET

- 1126

- 2.

SUBJECT

- Petition for Exemption from the Federal Aviation Regulations 14 CFR Part 25



### Summary of Contents

1 AIRP LANE MODEL.

................................ ................................ ................................ ..................... 2

2 REGULATIONS

................................ ................................ ................................ ............................. 2

3 PURPOSE

................................ ................................ ................................ ................................ ........ 3

4 REFERENCES

................................ ................................ ................................ ................................ 4

5 SPECIFIC RELIEF

................................ ................................ ................................ .......................... 4

a. 25.785(d) (amendment 25

- 64)

................................ ................................ ................................ .. 4
b. 25.807(c)(1) (2 5

- 67)

................................ ................................ ................................ ................. 7

c. 25.807(c)(5) (25

- 67)

................................ ................................ ................................ ..................... 7
d. 25.809(f)(1) (25

- 47)

................................ ................................ ................................ ............... 13

e. 25.813(b) (25

- 46)

................................ ................................ ................................ ................... 14
f. 25.813(e) (25

- 46)

................................ ................................ ................................ ....................... 15

g. 25.857(e) (25

- 60)

................................ ................................ ................................ .................... 17
h. 25.1447(c)(1) (25

- 41)

................................ ................................ ................................ ............. 18

6 SPECIFIC REGULATIONS IN COMPLIANCE

................................ ................................ ......... 20

a. 25.561(c)

................................ ................................ ................................ ................................ . 20The Art of Technology

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+1 757.787.7668 BQMS Form 613 7 PUBLIC INTEREST

................................ ................................ ................................ ..................... 22

8 REQUEST TO WAIVE PUBLICATION AND PUBLIC COMMENT

................................ ....... 24

9 SUMMARY

................................ ................................ ................................ ................................ ... 25

NOTE: Track Change bars in margins show the changes from prior submission

.

1 AIRPLANE MODEL

.

This petition is submitted in support of modifications to a Boeing B7 47

- 400F freighter S upple mental

T ype C ertificate (STC) project number S T15315LA

- T (which has replaced the original ST 7169 NY

- T due to change from NY to LA ACO)

. The applicable Type Certificate Data Sheet is A20WE with a certification basis of Part 25 of the FAR effective February 1, 1965, as amended by Amendments 25

- 1 throug h 25

- 67

.

This submission is an update to the prior submissions

, comments and teleconferences . Changes are marked by change bars in the margins.

2 REGULATIONS A supplemental type certificate (STC) project has been submitted to the FAA Aircraft Certifica tion Office in support of this project. In order to comply with 14CFR regulations, this petition is therefore submitted to request that the identified model airplane as identified in this STC project be exempted

from 14 CFR part §25 Regulations :

 25.785(d ) (amendment 25

- 64), Firm handhold on the main cargo deck;

 25.807(c)(1) (amendment 25

- 67), two Type III exits, one on each side on the upper deck;

 25.807(c)(5) (amendment 25

- 67), requirement for Type III exit in lieu of Type IV due to overwing constraints ;

 25.809(f)(1) (amendment 25

- 47), Assist mechanism (slide) from Emergency exits

 25.813(b) (amendment 25

- 46), assist space next to emergency exits;

 25.813(e) prohibits installation of interior doors between passenger compartments.

 25.857(e) (amendment 25

- 60), Class E cargo Compartment use for cargo only;

 25.1447(c)(1) (amendment 25

- 41) automatic presentation of O2 masks while in cargo bay.

In addition, this petition proposes a definition of Supernumeraries who may have limited access to the

main deck ca rgo compartment, that mirrors the classifications listed in 14CFR 121.583 (a)(1)

- (7).

This petition documents that this STC project will meet the requirements of 25.561(c), specifically
that our modification will ensure that main deck cargo will, if cargo break s loose, be unlikely to
nullify the escape route proposed in this petition

. This is discussed in new section 6, below.The Art of Technology

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+1 757.787.7668 BQMS Form 613 3 PURPOSE The owner/operator of the aircraft desires to use this freighter aircraft for types of cargo that require care, or i nspection, or both, during flight (e.g., live animals and/or hazardous materials), in addition

to continuing the original mission of carrying cargo freight. To support th is usage of the aircraft

, t he owner/operator has requested to increase the number of personnel carried on the upper deck from 8 persons @ taxi, takeoff and landing (TTL) (comprising of 10 seats

- four seats on the flight deck and six seats on the upper deck ) to a maximum total of 19 taxi takeoff and landing (TT&L) seats (four flight crew seats on the flight deck and up to 15 additional persons) . These additional 15 persons may be qualified as ― S upernumeraries‖ as defined herein , and once trained and qualified and during specific flight operations as listed below, may be permitted access t o the main deck cargo area in flight under limitations listed below. The designation of and purpose of supernumeraries is discussed in subparagraph 5. a.3. below. As th ese purpose s and the necessary configuration of the aircraft is not

in accord with the regulations of 14CFR part 25 ; this petition is therefore submitted to request specific exemptions from 14CFR part 25 regulations.

Summary of the proposed operations of the aircraft and applicability of this proposed exemption :

a. Operations for cargo fligh ts with carriage of live animals on the main cargo deck that require

care and inspection during flight , or cargo flights configured for animal carriage ; with the following cargo excluded from carriage: hazardous material whose carriage is governed by regul ations in 49 CFR Part 175 , ignition sources (open flame, articles producing sparks, hot surfaces), lithium batteries , explosives, radioactive materials, flammable liquid fuel, oxidizers, plutonium, dry ice. Fo r these operations for carriage of, or confi gured for carriage of live animals, the m aximum proposed TTL person count is 19 on the upper deck, of which 15 may be designated as Supernumeraries who , when trained and qualified, may be authorized access to the main cargo deck during flight under limita tions proposed herein. During these operations and in case of emergency landing, the egress path and related cargo deck

limitations are as proposed herein.

b. DELETED.

c. Operations as originally specified in the TCDS; carrying cargo; with a maximum of 8 persons on upper deck as per TCDS , with no access to the main cargo deck during flight

. During these operations the emergency egress path is as originally designated per TCDS, via the upper deck R1 right door or Flight Deck emergency hatch.

d. Operations c arrying cargo on the main deck that require care and/or inspection during flight; types of cargo are unchanged from those permitted by original TCDS; A maximum of 8 persons may be carried on the upper deck; A maximum of three supernumeraries may, when

trai ned and qualified, be authorized access to the main deck in flight with limitations listed in this exemption; supernumeraries are limited to the categories specified in §§ 121.583(a). During these operations the emergency egress path is as originally des ignated per TCDS, via the upper deck R1 right door or Flight Deck emergency hatch.The Art of Technology

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+1 757.787.7668 BQMS Form 613 4 REFERENCES

 T ype Certificate Data Sheet A20WE, Boeing 747

 FAA Exemption 1870E, pertaining to B747

- 400F: Exemption from 14 CFR 25.807(c)(1), 25.807(c)(5), 25.809(f)(1), 25.813(b), Allowance of non crew members on the upper deck of

747

- 200F, 747

- 200C, certain 747

- 100 airplanes when in the main deck cargo configuration,

and 747

- 400F. (Exemption No. 1870E dated September 8, 1993)

 FAA Exemption 6463, pertaining to B747

- 100/20 0 cargo aircraft.

 FAA Exemption 7900, pertaining to B747

- 100/200 cargo aircraft.

 FAA Exemption 8587 B , pertaining to B747

- 400 ( ― combi ‖ ) aircraft

 FAA Exemption 8536A, pertaining to Boeing 747

- 100, 747

- 100B, 747

- 100B SUD, 747

- 200B,

747

- 200C, 747

- 200F, 747

- 400, 747

- 400F.

 NM

- 09

- 27, Special Airworthiness Information Bulletin: In

- flight access to Class E cargo compartments, May 12, 2009

 FAA STC project number S T 15315LA

- T

5 SPEC I FIC RELIEF

a. 25.785(d) (amendment 25

- 64)

R equires that if the seat backs do not have a firm hand hold, there must be a hand grip or rail along each aisle to enable occupants to steady themselves while using the aisles in moderately rough air , a s there are no seatbacks and only cargo boxes or empty slots in the main cargo deck and a firm

ha ndhold may not be available.

Discussion:

1. We note that Exemption 8587B grants an identical petition for 25.785(j) (at a newer amendment), for relief from firm handhold for a similar proposal

. 2. The main cargo deck does not have a handrail installed, nor bag bins . The likely configuration will contain only cargo boxes, including those with live animals, and may also have empty pallet locations. Therefore there will be walls upon which to lean but no specific firm handholds the length of the main cargo deck.

3. Purpose of personnel on the main cargo deck in flight:

a. In order to optimize the usage of the Boeing Model 747

- 400F as a cargo airplane carrying animals or other cargo requiring care, operators need to be able to accompany their cargo by people whose fu nction is to take care of sensitive cargo and loading and unloading tasks at any port of arrival. Their presence in the aircraft ensures they will be immediately available on arrival to handle the cargo. This is most important in case of transport of peris hable goods, items of value, etc.

b. Some of the cargo items being transported may include live animals, hazardous materials, or valuable or perishable goods that cannot be left unattended, even for the duration of the flight, and the presence of personnel t rained and qualified in theirThe Art of Technology

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+1 757.787.7668 BQMS Form 613

handling is necessary on the aircraft on which they are carried. In

- flight inspection of the cargo, especially live animals and hazardous materials, enhances safety.

c. Some of the locations serviced by the cargo carriers may no t have ground maintenance centers capable of performing necessary tasks for the operator aircraft nor passenger flights to carry maintenance personnel to the location. The ability to transport company maintenance personnel on company flights increases flex ibility of operation.

d. Non

- crewmember passengers carried on Boeing Model 747

- 400F airplanes are

limited

. The se non

- crewmembers, referred to below as ―supernumeraries‖, shall be

i. physically capable of performing their emergency and normal cargo handling

du ties ; and

ii. briefed in the aircraft

- specific limitations and use of emergency equipment; and

iii. Permitted access to the main cargo deck during climb, cruise and descent segments of flight in accord with limitations of this exemption and the approved STC.

e. ―Sup ernumeraries‖ per 121.583 (a)(1) thru (7) may include:

i. A crewmember.

ii. A company employee.

iii. An FAA air carrier inspector, a DOD commercial air carrier evaluator, or an authorized representative of the National Transportation Safety Board, who is performing official duties

iv. A person necessary for

— 1. The safety of the flight;

2. The safe handling of animals;

3. The security of valuable or confidential cargo;

4. The preservation of fragile or perishable cargo;

5. Experiments on, or testing of, cargo containers or cargo ha ndling devices;

6. The operation of special equipment for loading or unloading cargo; and

7. The loading or unloading of outsize cargo.

8. A person described above, when traveling to or from his assignment.

9. A person performing duty as an honor guard accompanying a shipment made by or under the authority of the United States.

10. A military courier, military route supervisor, military cargo contract coordinator, or a flight crewmember of another military cargo contract air carrier or commercial operator, carried by a m ilitary cargo contract air carrier or commercial operator in operations under a military cargo contract, if that carriage is specifically authorized by the appropriate

armed forces.

11. A dependent of an employee of the certificate holder when traveling

with t he employee on company business to or from outlying stations not served by adequate regular passenger flights.

v. Supernumeraries will be permitted access to the main cargo deck during climb, cruise, and descent portions of flight in accord with limitations e xpressed in this exemption petition.The Art of Technology

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+1 757.787.7668 BQMS Form 613 1. Operation A . Maximum 15 supernumeraries may be permitted access to the main deck during climb or cruise during flight operations type ―A‖ as defined above, subject to limitations listed in this document.

2. Operation B . D eleted.

3. Operation C . No persons are permitted access to main deck during flight.

4. Operation D . Maximum 3 supernumeraries may be permitted access to the main deck during climb or cruise during flight operations type ―D‖ as defined above, subject to limitati ons listed in this document.

f. Supplemental Oxygen will be discussed in a separate paragraph.

g. A smoke barrier will be established and maintained to isolate the upper deck at all times, except during passage through the barrier as a Supernumerary ascends or descends to the main cargo deck.

h. Handhold provisions in the upper deck per the requirements of CFR 25.785(j) are retained from the passenger configuration. Since installation of handholds in the main deck cargo compartment is impractical, an acceptable lev el of safety is provided by the crew operated alert system ability to indicate, at the onset of turbulence to Supernumeraries in the cargo compartment, to return to their seats. This mitigation parallels that approved in similar FAA approved exemptions f or 747 cargo aircraft.

i. Alerting. We propose installation of a modified Aural

- Visual alerting system

. This installation will also require Flight Manual Supplement limitations for operations and preflight briefings. There are two separate alerts:

i. Decompres sion a nd Smoke/Fire Alert:

A n automatically activated aural and visual decompression and smoke/fire alert will be provided and immediately recognizable in accessible areas of the Class E cargo compartment to notify supernumeraries when to don the portable oxygen units, return to their seats and ensure that the smoke barrier is secured (i.e., the doors are closed). As a backup to the automated alert system, the flightcrew will be able to manually activate the alerts. The pre

- flight briefing

will include trai ning in the sound of the alert, the meaning of the alert, and the response to the alert (i.e., procedures for donning the masks and activating the flow of oxygen).

ii. Turbulence Alert: A flightcrew member operated visual alert, which is recognized in the

s upernumerary seating area and in accessible areas in the Class E cargo compartment, will be installed to indicate, during turbulence or predicted turbulence, that persons must return to their seats. The alert will be clearly distinguishable from the decomp ression/fire/smoke alert, so that supernumeraries do not waste time putting on the oxygen masks before returning to their seats. Appropriate procedures and limitations must be established to ensure that the flightcrew member alerts the supernumeraries to

r eturn to their seats at the onset of turbulence. The pre

- flight briefing must explain this alert to the supernumeraries.The Art of Technology

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+1 757.787.7668 BQMS Form 613

iii. Alerting Requirements:

1. Each shall be distinctive and effective. The alert for turbulence will be clearly distinguishable from the aler t for decompression & fire/smoke.

2. Visual alerts will be visible from all occupant locations and orientations, during all expected operational conditions including a rapid decompression where moisture in the air may condense.

3. Aural alerts will be loud eno ugh to be heard during all expected operational conditions including a rapid decompression where the

ambient noise level will increase.

j. The Public address system will be extended to the main cargo deck; to permit announcements from the flight deck or any interphone location

. k. Intercom phones (interphone) will also be placed on the main cargo deck for two way

communications.

l. A Fl ight Manual supplement shall include the requirement for flight crew pre

- flight briefing of the S upernumeraries, including pro cedures of egress to the Class E compartment, and of emergency procedures including the aural

- visual alert signals

, smoking, emergency exits, safety equipment, etc

. Flight Manual supplement shall

include the flight crew procedures related to the operation of Class E aural

- visual alert signals.

m. This modification includes a limitation that this aircraft be operated on a private, not

for

- common

- carriage

- of

- passengers basis.

b. 25.807(c)(1) (25

- 67) Provides, in part, a requirement for Two Type III exits, one o n each side on the upper deck , for a passenger (TTL) count of between 10 through 19

. See discussion in para c below

c. 25.807(c)(5) (25

- 67) ―... For airplanes on which the vertical location of the wing does not allow the installation of overwing exits, an e xit of at least the dimensions of a Type III exit must be installed instead of each Type IV exit required by subparagraph (1) of this paragraph.‖

Discussion:

1. We note that Exemption 1870E grants a similar exemption from these regulations; 1870E applies to t his aircraft by model; however the new proposed configuration exceeds the limitations of number of persons per 1870E and the TCDS ; nor does 1870E permit access to the main cargo deck in flight.

2. C onfiguration of TTL on upper deck with respect to egress:

R ight Side

a. This aircraft upper deck currently has a right hand door that measures 24‖x48‖ (and

meets Type I size, which is larger than Types II, III, IV); As this exit has a step up feature, it cannot properly be classified as a Type I . However, it was ap proved for emergency exit for the quantity of persons in flight deck and upper deck seating per 1870 original grant of exemption

. A n escape slide device is on this door that isThe Art of Technology

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+1 757.787.7668 BQMS Form 613

manually deployed and automatically inflated ; t his slide is capable of withsta nding a

25 knot wind. We propose to maintain this slide.

b. In accord with exemptions 8536A and 8587A, this door with manually deployed and automatically inflated slide has been approved for evacuation of up to 24 persons in a

similar aircraft; therefore we estimate that all 19 persons proposed as the maximum

count in this petition could safe l y exit from the right side of the aircraft in the event of an emergency landing.

c. As an alternative

, in case this door is found unacceptable as configured, a modificat ion to install supplemental inertial drop reels to provide for evacuation of up to all 19 persons from the upper deck via the right hand door would be proposed. As this mitigation is already approved for up to 19 persons on the upper deck per TCDS

A20WE i n the case of the 747

- 200F, we believe this would be acceptable without demonstration of a right hand evacuation.

Left Side

d. There is also a n existing emergency hatch located on the left flight deck that currently

satisfies the flight crew escape require ments per 25.805. This was approved in Exemption 1870 for use as the second exit for upper deck passengers, using inertial drop reels and harness provisions that are installed in the overhead of the upper deck

, to a maximum of 8 persons.

i. In accord with e xemptions 8170 ( initial through E), this hatch with inertial drop reels has been approved for evacuation of up to 8 persons.

ii. Therefore if the upper passengers are increased to 19, then 11 of those could not be shown to exit the aircraft from this emergency hatch within 90 seconds, unless other testing or an alternate path is shown to be compliant.

iii. We therefore propose an alternate left side path for evacuation for at least 11 of the 19 persons proposed for upper deck TTL positions.

e. Lower Deck evacuation lef t side , required any time more than 8 persons are carried on the upper deck

. i. We propose that a second left hand side door, L1 on the main cargo deck, be utilized for evacuation on the left hand side, in case the upper right hand door is blocked and only th e emergency hatch is available on the left side.

ii. There are several precedents for use of a main deck exit for passengers seated at TT&L on the upper deck , reference the type certificate A20WE, for 747’s configured for commercial operations. Reference T CDS A20WE and special

conditions 25

- 61

- NW

- 1, 25

- 71

- NW

- 3 ; and 25

- 430

- SC

. The situation in this

aircraft is more conservative than a passenger configured aircraft : in that this aircraft is intended for private use and the upper deck passengers would be

―S upernumeraries‖ ( both physically qualified and specifically trained in the aircraft configuration and evacuation procedures ). This training/qualification process can be reasonably expected to ensure that Supernumeraries are more physically able and more m entally ready (than the average commercial passengers) to evacuate the upper deck, if necessary, via the stair to the main deck and then out the L1 door escape slide. We propose to demonstrate this byThe Art of Technology

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+1 757.787.7668 BQMS Form 613

test. As discussed in reference (9) teleconference, evacuation demonstration testing will not be required.

iii. Moreover, we propose that the stair between upper deck and main cargo deck

be constrained during operations A & D (when supernumeraries may access the main cargo deck in flight) by conditions simila r to those of 25

- 430

- SC; specifically:

1. The stairway must be essentially straight.

2. The stairway must have essentially rectangular treads.

3. With the airplane in level attitude and in each attitude resulting from the collapse of one or more legs of the landin g gear, the stairway must have entrance, exit, and gradient characteristics that allow the upper deck supernumeraries to evacuate and exit the airplane through the L1 main deck exit. This must be shown by demonstration, tests, analysis, or any combination thereof.

4. The stairway must accommodate the carriage of an incapacitated occupant from the upper deck to the main deck. The crewmember procedures for such carriage must be established and included in the airplane flight manual.

5. The stairway must be locat ed to provide occupants an adequate descent rate under probable emergency conditions, including a condition in which an occupant falls or is incapacitated while on the stairway.

6. The stairway must be designed and located to minimize damage to its

structure during an emergency landing or ditching.

7. General illumination must be provided so, when measured along the center lines of each tread and landing, the illumination is not less than

0.05 foot

- candle. This is in lieu of compliance with Sec. 25.812(c), at

Am endment 25

- 116.

8. Means must be provided to assist supernumeraries in locating the stairway in dense smoke conditions as part of compliance with Sec. 25.811(c), at Amendment 25

- 88.

9. An emergency exit sign meeting Sec. 25.812(b)(1)(i), at Amendment

25

- 116, mu st be provided in the upper deck near the stairway visible to supernumeraries on the upper deck as required by Sec. 25.811(d)(1), at

Amendment 25

- 88.

10. Floor proximity lighting required by Sec. 25.812(e), at Amendment 25

- 120, must be provided along the stai rs. 11. The stairway must have a handrail on at least one side to allow occupants to steady themselves during foreseeable conditions, including but not limited to, gear collapse on the ground and moderate turbulence in flight. The handrail(s) must be construc ted so there is no obstruction on them that will cause the user to release his/her grip or hinder the continuous movement of the hands along the handrail. Handrail(s) must be terminated in a manner that will not interfere with occupants walking by or creat e a hazard (such as catching clothing). Applicant mustThe Art of Technology

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+1 757.787.7668 BQMS Form 613 demonstrate that the design can accommodate the stature of a fifth percentile female and a ninety

- fifth percentile male.

12. The public address system must be intelligible in the stairway during all fligh t phases.

13. "No smoking" and "return to seat" signs must be installed and visible in the stairway both going up and down and at the stairway entrances.

14. During any flight operation where more than eight persons are on the flight, the stair must remain insta lled between upper and main decks during the entire during of the flight.

iv. Comments on the Stair: In the event of failure of landing gear on one side, and aircraft tipover, calculations show that the maximum increased angle will be approximately five degree s. The existing stair , with both non

- skid treads and

firm railing

, is easily navigable at any angle both plus and minus five degrees for a physically fit individual. The writer draws on 20 years of commissioned Naval service on numerous US Naval ships an d 12 years of actual continuous

sea time , climbing similar stair s in all weather and sea states both inside and external to the ship with roll & pitch exceeding 5 degrees and the additional constraint of yaw , in stating this opinion.

v. Pictures of the Stair are included for clarification, showing the location of the stair in very close proximity to the L1 door.The Art of Technology

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+1 757.787.7668 BQMS Form 613 Figure 1 Main Cargo Deck, facing ForwardThe Art of Technology

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+1 757.787.7668 BQMS Form 613 Figures 2 & 3 Stairs, lookin g up and down to L1

f. Discussion of Sm o ke propagation.

i. In reference 7, the FAA requested BaySys provide test data showing concentration /density of smoke present in the stairwell, upper deck and flight deck under specif

ied conditions; BaySys will conduct such testing. A copy of the company test plan will be provided to the FAA, as well as the results, including video documentation.

ii. This testing will document whether there is a significant ―smoke chimney‖

effect in case of emergency landing where ECS is turned off and evacuation is ordered, and both the emergency hatch and the L1 door are used, thereby potentially introducing a path for smoke propagation via the stair into the upper deck and out the right upper deck door and/or emergency hatch. We note that the aircraft is not yet modified in any way to include the proposed changes to the smoke barrier, emergency lighting, etc; therefore the testing for smoke demonstration (and evacuation) will be in conditions more seve re than anticipated in the aircraft.

iii. Company testing data will show not only an anticipated level of smoke but also the ability of a crew to exit via the stairs and L1 door in dense smoke conditions, within acceptable timeframes. The company test plan inc ludes training/qualification of a similar nature that will be required ofThe Art of Technology

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―supernumeraries‖ as discussed in this petition. As discussed in reference (9) teleconference, evacuation demonstration testing will not be required.

iv. Due to the nearly straight pa th down the stair and out the L1 door, and arms

length distance between the bottom of the stair and the L1 door (see pictures in figures 2 & 3) , we believe that it is very likely that a trained, qualified and physically fit crew can don breathing devices/ masks, descend the stairs and exit the L1 door within 90 seconds. In addition, if shown necessary by an excessive smoke chimney effect during company testing, we also believe the flight deck crew can also don breathing devices/masks and exit the emergency hatch

within 90 seconds.

g. Proposed Limitations include:

i. Reactivation of automatic slide on L1 , to include life raft provisions.

ii. Requirement to maintain the stair locked in the down position during all phases of flight when TTL count exceeds 8 ; iii. Requireme nt that the smoke barrier be frangible, if the smoke barrier is of a

solid construction.

iv. Meet the proposed limitations listed above in paragraph (5.c.2.e.iii)

v. Demonstration by test that at least 11 of 19 persons can descend and exit via the L1 door; includ ing an incapacitated person, with a goal to show that all

1 9 persons located on the upper deck are able to exit within the prescribed 90

second time limit. As discussed in reference (9) teleconference, evacuation demonstration testing will not be require d.

vi. Flight Manual entries that mandate these operational limitations

. vii. Inclusion of this evacuation plan in the FAA approved training plan for this exemption & STC.

d. 25.809(f)(1) (25

- 47)

R equires, in part pertinent to the certification basis of the 747

- 400F, that each passenger emergency exit (other than over wing exits) located more than 6 feet from the ground must be provided with a

self

- supporting slide or equivalent to assist the occupants in descending to the ground. It further

defines certain criteria for the assist means: automatic deployment capabilities; maximum erection times; and, usability under certain landing gear collapse conditions and 25

- knot wind conditions.

Discussion:

1. We note that Exemption 1870E grants a similar exemption for these re gulations; 1870E applies to this aircraft by model; however the new proposed configuration exceeds the limitations of number of persons; nor does 1870E permit access to the main cargo deck in flight.

2. On the right side of the aircraft,

a. While 25.809(f)(1) re quires automatically deploying assist means, we note that the right hand door already is configured with manually opened door with an automatically deployed slide that meets the requirements of 25.809(f)(1)

. Citing the precedent of 1870E and Boeing’s repor ted experience with 747 model aircraftThe Art of Technology

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equipped with this means as discussed in 1870E, we feel that this right hand door provides an adequate means of egress when combined with limitations on Supernumeraries as discussed above, e.g. ―.. physically capable ‖ and ―.

. .specifically

briefed‖ for up to 19 persons as proposed in this petition. This escape means has been demonstrated to be effective at providing safe evacuation of occupants to the ground

. b. A large number of Boeing 747

- 200F/200C and 400F aircraft have the manually deploying slide; commonality of configuration and crew training is an economic

benefit

.

c. A Boeing survey of similar aircraft (discussed in 1870E), documented that the majority of affected airplanes in service are equipped with manually de ployed slides. No adverse experience has been reported with these manually deployed slides provided for specially trained "crew," which suggests the validity of a determination at this point to

continue to allow them.

d. All the persons carried as supernumera ries will be specially trained and qualified in the escape methods listed above; moreover none of these persons will be ― commercial ‖ or

fare

- paying. Therefore a higher expectation of their capability and familiarity with the exit systems is anticipated.

e. T he Boeing 747 installed slide s per the Type Certificate meet the existing 25 knot wind requirement; we propose to maintain this capability without change.

f. As an alternative in case this door is found unacceptable as configured, a modification

to install su pplemental inertial drop reels to provide for evacuation of up to all 19 persons from the upper deck via the right hand door would be proposed. As this mitigation is already approved for up to 19 persons on the upper deck per TCDS

A20WE in the case of the 747

- 200F, we believe this would be acceptable without demonstration of a right hand evacuation demonstration.

3. On the left side of the aircraft,

a. T he overhead hatch is outside this regulation and discussed elsewhere, approved for use by up to 8 persons w ith use of inertial drop reels.

b. The activation of the L1 door entails modification to the door assembly to install an

airline

- style automatically inflating slide

4. We estimate that, if our proposal to use the existing right hand door as is and modify L1 to

a dd an escape slide, the proposed new configuration will be in compliance; however if we use inertial drop reels through the right side door then we request to be exempted from the ―automatically deployed‖ requirement of 25.809 as the inertial drop reels pr ovide adequate means to escape but do not automatically erect as required.

e. 25.813(b) (25

- 46) Assist space next to emergency exits;

Discussion:

1. We note that Exemption 1870E grants a similar exemption for these regulations; 1870E applies to this aircraft by model; however the new proposed configuration exceeds the limitations of number of persons; nor does 1870E permit access to the main cargo deck in flight.

2. Assist s pace configurations

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a. The upper deck right hand door exit does not have adequate space to provide the required assist space during an evacuation.

b. A dequate space has been demonstrated to be available in the cockpit for flight crew to assist "crew" in evacuating from the cockpit hatch.

c. Adequate space exists in the vicinity of the L1 door exit t o provide assistance during

evacuation.

3. The flight crew and the supernumeraries will both be specially trained and benefit from a higher level of aircraft knowledge than the common public on a commercial carrier. Their training will include the safety pr ocedures and evacuation methods to include upper deck slides, evacuation, and the inertial reels/harnesses. As the inhabitants will not be paying passengers but rather be either flight crew or specially trained and qualified ―supernumeraries‖ , we feel tha t the added benefit of this assist space is more than compensated for by the training. We feel this provides an adequate level of safety in excess of that that would be provided by a crew assist space next to the right hand exit door.

4. We therefore requ est exemption from this regulation for the upper deck escape door in this configuration ; to waive need for an assist space next to the right hand upper deck crew service

door

.

f. 25.813(e) (25

- 46) Prohibits installation of interior doors between passenger compartments and exits.

Discussion:

1. We have proposed above to use a left hand evacuation route that includes descent through the upper deck smoke barrier, down the stair to the main deck, and out L1.

2. The upper deck smoke barrier is a hard door that opens on the upper deck.

3. We propose to reengineer this smoke barrier/ door and operational procedures to ensure this door is safe for occupant use. Similar to other granted exemptions for doors submitted by BaySys (9741, 9762), These limitations include:

a. Lock t he door at the top of the stairs between upper deck and the main cargo deck in

the open position during taxi, takeoff and landing . As this door is within visual

distance of the crew , no special annunciation is required; however a limitation to

ensure fli ght crew verifies door is in the correct position will be added to the Flight

Manual.

. b. Reengineer the door at the top of the stairs to be frangible

c. Add this limitation to the Flight Manual Supplement , that Flight deck crew must verify prior to TTL that the door is locked in the correct position. As this door is so close to the cockpit, additional annunciation is not required.

d. Ensure portable breathing equipment is available that will provide a minimum of 90 seconds of air, in the event of an evacuation event after a landing via L1 if smoke

exists. We envision a device similar to these listed below

. While these may be considered a novel feature in terms of 14CFR part 25, devices generically named SEED (Supplementary Emergency Escape Device) have been dev eloped for use in emergency aircraft and in emergency maritime situations and used successfully for egress from aircraft and ships during fire and crash situations, much more rigorous than the proposed 747

- 400F evacuation route. SEED Samples includeThe Art of Technology

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+1 757.787.7668 BQMS Form 613

i. HEED 3 http://www.heed3.com/index.html

ii. Oceano M

- 20.2 http://www.ocenco.com/m20/english.html

e. Note: We envision that Portable breathing equipment for eme rgency evacuation after landing (a.k.a. SEED) are not the same as those required for supernumeraries while in the cargo bay during flight (PBE)

. While a PBE provides sufficient breathable atmosphere to support the requirements that a SEED satisfies, a SEE D cannot fulfill the requirements that a PBE can address.

f. Locate portable breathing devices (SEED) on the upper deck, in close proximity to the doorway that descends to the main deck , fo r use only in evacuation . The quantity required is the person count p lus two.

g. Note: the envisioned SEED devices do not pose a damage threat to an escape slide as there is no excess heat or sharp edges that may compromise an inflated slide.

h. SEED images are provided for one sample SEED

Figure 3 "SPARE AIR" SEED Device (p/n 175

- 001) by Submersible Systems, Inc.The Art of Technology

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+1 757.787.7668 BQMS Form 613

i. Product Specification data for this ―Spare Air‖ SEED, manufactured by Submersible Systems. Inc, are shown below:

SEED ( HEED 3 ) SPECIFICATIONS

MODEL # 175

- 001 / 175

- 002 300

- 001 / 300

- 0 02 Length 8.75" / 22.23 cm 13.4‖ / 34 cm

Diameter 2.25" / 5.71 cm 2.25" / 5.71 cm Weight (full) 1.51 lb / .687 kg 2.17 lb. / .985 kg Cylinder Pressure Rating 3000 psi / 200 bar 3000 psi / 200 bar
Cylinder Volume 1.7 cu ft / 48 liters 3.0 cu ft / 85 li ters Duration of Air Supply 30 breaths at surface 57 breaths at surface Cylinder Material Aluminum

– black anodized

Pressure Relief Integrated in Regulator Regulator Type Balanced Single Stage Operational Temp.

- 22°F (

- 30°C) to +158°F (+70°C)

Altitud e Testing 35,000 feet

Burst Disc Rate 3300 psi; Bursts between 4500

- 5000 PSI
Buoyancy Nearly Neutrally buoyant

Cylinder DOT Rating DOT 3AL 3000. Due to this tank rating the HEED requires hydro testing every 5 years.

Duration of Breathing Approx. 2

- 5 minutes. Varies upon user’s lung capacity, physical exertion, depth of usage in water and several other

factors.

j. BaySys is prepated to d emonstrate by test(s) that:

i. the upper deck passengers can egress via L1 within the required timeframe (see

di scussion in paragraph on 25.807 above) . As discussed in reference (9) teleconference, evacuation demonstration testing will not be required.

ii. emergency evacuation within the proscribed time limits is feasible while using SEED devices without damage to esc ape slide. As discussed in reference (9) teleconference, evacuation demonstration testing will not be required.

iii. that the door is frangible and may be opened by a fifth percentile female in case

of door malfunction

, and then egressed by a 95 percentile male;

iv. that the reengineered smoke barrier/door maintains smoke barrier properties;

k. Include these measures in the supernumerary and flight crew training.

4. We therefore request exemption from this rule given the mitigating steps listed above.

g. 25.857(e) ( 25

- 60) Defines the attributes of a Class E cargo compartment, and requires that a Class E cargo compartment may not be on any airplane other than one utilized exclusively for the carriage of cargo.

Discussion:The Art of Technology

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+1 757.787.7668 BQMS Form 613 1. The central point of this petition is to per mit access to the main cargo deck during flight, under specific limitations.

2. This petition envisions no change to the ―classification‖ of the main cargo deck as Class E.

3. This petition proposes specific limitations that, when complied with, allow main c argo deck access during flight phases for specific purposes. A summary is provided:

a. Supernumeraries. These persons will meet the criteria listed above in our paragraph on

25.785.

b. Alerting system. A visual/aural system will be in place to alert Supernume raries on the main cargo deck when to r eturn to s eat and to d on o xygen.

c. Smoking is prohibited on the main cargo deck during all phases of flight.

d. Protective Breathing Equipment (PBE) per 25.1439 with protective masks will be stored on the upper deck and required to be carried at all times by Supernumeraries,

while on the main cargo deck.

e. Fixed O2 masks. A fixed oxygen source (drop mask) will be available at each upper

deck TT&L seat.

f. Smoke barrier. The smoke barrier between the upper deck and main ca rgo deck must remain in place at all times, except during passage between the areas.

g. Public Address speakers and interphone capabilities per 25.1423 will be available on the main cargo deck.

h. Emergency lighting per 25.812 (foot path and overhead) will be available in the main cargo deck and in the path f ro m upper deck to L1

. i. Exit Signage will be modified to the new configuration. j. First Aid Kit. Additional first aid kits will be located at the front and rear of the Main Cargo Deck.

k. Additional fire fighti ng gear (gloves, fire extinguishers) will be stored on the main cargo deck.

l. Appropriate placards and instructions will be posted in the upper deck and main cargo

deck.

m. A flight manual supplement will contain these operating limitations

.

n. An FAA approved training plan will be submitted for approval as part of the STC project.

4. Therefore while the classification of the main deck cargo compartment does not change, we specifically request to access this area in flight under limitations listed above.

h. 25.1447(c )(1) (25

- 41) Automatic presentation of O2 masks . While the upper deck will meet this, the main deck cargo area will not meet this requirement for supernumeraries while accessing the main cargo deck

. Discussion:

1. When supernumeraries are seated in their s eats or while in the lavatory on the upper deck,

self

- presenting oxygen masks indicate the need to don an oxygen mask. Since self

- presenting oxygen masks are not available to persons entering the Class E compartment, the Decompression & Fire

- Smoke alert sy stem (subpara 5.a.3 above) that indicates to compartment occupants the need to immediately don oxygen for either a decompression event

or fire/smoke

, that they are required to carry while in the main cargo compartment.The Art of Technology

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+1 757.787.7668 BQMS Form 613 2. Supernumeraries will be trained reg arding the location and use of the oxygen equipment and the

alert conditions requiring their use

. 3. W hile in the class E compartment , supernumeraries are required to carry their oxygen equipment on their person . These oxygen equipment will be stored in a s pecified location, easily accessible to supernumeraries

, in close proximity to the cargo stair

. There will be at least one portable oxygen unit, with a mask connected to it, provided for each supernumerary allowed to enter the main deck Class E cargo comp artment during flight ; with an additional 2 units to meet the 10% overage requirement of 25.1447.

4. The portable oxygen device will meet the performance standards of §§ 25.1443(a) or (b), or the equipment will be shown to protect the supernumerary from hyp oxia at the activity level required to return to his or her seat following a rapid decompression to 40,000 feet cabin altitude. An example of a device that meets this criteria is the AVOX Systems portable O2 cylinder MA

- 1 p/n 9000A

- 3 with mask 358, used b y USAF and designed for use with masks at altitudes to 43,000 feet by moderately active flight personnel

– or up to 45,000 feet in extreme emergency situations of short duration.

a. See AVOX Systems http://www.avoxsys.com/pdf/products/portable

- oxygen

- systems/MA

- 1

- PN

- 9000A

- 3

- portable

- oxygen

- cylinder

- and

- regulator.pdf

Figure 4 AVOX Systems MA

- 1 and Mask 358

5. As we propose to use the same alert for both decompression and smoke/fire, the portable oxygen device will meet the protective breathing equipment (PBE) requirements in §§ 25.1439(b)(1), (2), and (4 and the PBE equipment will be designed to prevent any inward leakage to the inside of the device and prevent any outward leakage causing significant increase in the oxygen content of the local atmosphere (i.e., full face mask type.)

6. The oxygen units will also meet the intent of § 25.1449, which s tates that there must be a means for the crew to determine whether oxygen is being delivered to the dispensing units. We propose to include in the mandatory supernumerary training, how to make this determination and to provide oxygen flow indication in the oxygen equipment.

7. 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 cargoThe Art of Technology

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+1 757.787.7668 BQMS Form 613 compartment is to starve the fires of oxygen. This is ac complished by depressurizing the airplane and maintaining an altitude that will not support combustion. Due to the manner in which fire in the cargo compartment is to be controlled, supernumeraries (persons) on the airplane will have been found physicall y fit by the operator.

8. In all cases, there must be suitable means of preventing smoke penetration into areas that are occupied. The petitioner’s design accounts for this by proposing a barrier, which must comply with the smoke penetration requirements for the flight deck and the supernumerary

compartment. T his configuration is intended to allow supernumeraries to enter the Class E cargo compartment and hence open the smoke barrier between the cargo compartment and the

supernumerary compartment. The smoke b arrier will automatically close and remain closed at all times, except during passage. A placard indicating that the smoke barrier is to be secured (i.e., the door or curtain must be closed) at all times, will be posted in a conspicuous place,

either on o r next to the smoke barrier.

9. Smoking will not be permitted on the main cargo deck during any phase of flight.

10. Alerting. The alerting scheme has been proposed in subparagraph 5.a.3, above.

11. We therefore request relief from this rule under the limitations l isted above , automatic presentation of O2 masks

.

6 SPECIFIC REGULATIONS IN COMPLIANCE

This section discusses regulations for which our STC will be in compliance, but are significant issues to aid FAA assessment of our Petition for Exemption.

a. 25.561(c)

Re quires that cargo items in the main deck must be positioned so that if they break loose, they will be unlikely to . . . nullify any of the escape facilities provided for use after an emergency landing ; and

w hen such positioning is not practical each such i tem of mass shall be restrained under all loads up to those specified in paragraph 25.561 (b)(3). The local attachments for these items should be designed

to withstand 1.33 times the specified loads if these items are subject to severe wear and tear throug h frequent removal (e.g. quick change interior items).

Discussion:

1. This loading diagram of the main cargo deck is a sample showing possible loading conditions on the Main Cargo Deck of this 747

- 400F, and illustrates horse box locations possible in one

of the loading scenarios. It is used in this document only to discuss relative positions of cargo locations in relation to the existing L1 door

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+1 757.787.7668 BQMS Form 613 Figure 5 S ample cargo loading in 747

- 400F, Main Deck

2. The stair from the upper deck i s located forward of position CL, on the left side, adjacent to position B1 and aft of positions A1, A2.

3. More than eight persons on upper deck. When more than eight personnel are seated on the
upper deck for TTL and therefore the escape path via the stai r to L1 is required; W e propose

to establish below limitations in the weight and balance manual as well as flight manual
supplement , and show by analysis that our installation is in compliance.

a. Cargo in positions A1, A2, B1 shall be limited by weight and fittings to meet the
25.561 loading criteria in the direction that may impact the stair . As required new
attachment fittings will be installed that meet the necessary loading criteria in
compliance with 25.561(b) load factors

. i. For positions A1 & A2, we expect no changes to weight limitations as these

cargo spots are forward of the stair , therefore subject to a load factor of 1.5G in
the aft direction to impact the stair , and A1 & A2 are already approved at 1.5G
load factor as documented in the weight an d balance manual. We shall show
this by analysis.

ii. For position B1, we anticipate c argo weight limitations in this cargo location
that will apply a required load factor of 6G sideward to cargo in this location to
ensure that loads do not impact the escape path of the stair . We shall show this
by analysis, and provide necessary limitations in the flight manual and weight
and balance manual supplements.

b. M ain cargo deck positioning shall be limited as follows.

c. The first two cargo positions (CL & CR) will rema in empty during any flight where

more than 8 persons are on the upper deck for TTL (and therefore egress path will

include the stair

/L1 door exit). In place of these cargo positions we shall engineer and

install a barrier that is shown to support at least a 9G load with respect to the
maximum load available for the next two cargo positions (DL & DR); this new barrier

will be attached to the fuselage as well as to the floor structure. This barrier shall be

shown to meet the full 25.561 loading in the most stringent case that may affect the

stair /emergency escape path ( Forward 9.0g )

. The local attachments for this barrier andThe Art of Technology

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for the cargo in CL and C R positions will be shown to withstand 1.33 times the
specified loads if these items are subject to severe w ear and tear through frequent
removal (e.g. quick change interior items). We expect this will impact floor structure,
sidewalls and ceilings and attach to airframe structure , and we will modify the

structure as necessary , and approve by analysis all nece ssary changes. W e shall

establish the appropriate limitations in the weight and balance manual as well as flight
manual supplement, and show by analysis that our installation is in compliance.

d. The next aft two cargo positions (DL & DR) will remain be load ed with a load limited

to that which can be substantiated within the limits of 25.561 (b)(3) (e.g. 9.0 G
forward, 3.0 G sideward etc) during any flight where more than 8 persons are on the
upper deck for TTL (and therefore egress path will include the stai r /L1 door exit). We
will engineer and install modifications to cargo tie down systems such that each item
of mass shall be restrained under all loads up to those specified in paragraph 25.561
(b)(3); The local attachments for these items will be designed to include a factor of
1.33 times the specified loads if these items are subject to severe wear and tear through
frequent removal (e.g. quick change interior items).

e. The remaining rows of cargo positions will be constrained by the existing W&B

restrictio ns; These remain approved at the original load factors for the Main cargo
Deck (e.g. 1.5G) per the Boeing W&B manual of the Type Certificate. As these are
already restrained to 1.5 G factor and they are aft of the DL & DR positions and they

are also aft of the newly installed CL & CR barrier, then in accord with 25.561 these
are judged to be unlikely to nullify the escape path.

4. Eight or less persons on upper deck for TTL. When eight or less persons are onboard then the
L1 path is not required for emer gency egress, then current approved aircraft limitations for
weight and balance

, cargo loading and evacuation apply.

7 PUBLIC INTEREST

Safety is the primary concern of the modification. Safety requirements of the original type

certification of the aircraf t will be complied with, as defined by the aircraft type certificate data sheet

A20WE ; as modified by limitations and mitigations listed above

. There are no adverse effects anticipated from the exemption petition that are not mitigated by our proposals li sted above.

The Owner and Operator of the aircraft intends to use the aircraft to transport horses, including race horses, show horses, and bloodstock. These animals are very valuable, many worth over one million dollars each. The animals cannot be prop erly insured nor cared for during travel unless there are a sufficient number of qualified handlers on board who can access the animals during flight.

Based in a Middle East country, the owner’s flight team travels to world class events worldwide using other aircraft currently. The interest of the petitioner is in providing a level of safety for the animals and aircraft that will allow his service to support all international events which involve a largeThe Art of Technology

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+1 757.787.7668 BQMS Form 613 number of race or show horses. The Boeing 747

- 4 00F current has provisions for 6 people on the upper deck but no approved means for ―supernumerary‖ with access to the main cargo deck for care of cargo.

For safety reasons, the International Air Transport Association (IATA) recommends that for up to

fou r 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 Owner/Operator has planned that, with 15 supernumeraries on the aircraft, the horses carried will be adequately cared for in all cases of expected trans port.

The carriage of an appropriate number of animal handlers aboard an aircraft 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 the livestock, the airplane, the flight crew , and consequently, the public in general.

This exemption, therefore, serves the public interest for safety reasons and also for increased air freight deliveries of these animals internationally.

Other ow ners/operators may have a similar interest in this solution as there is clear economic benefit

to both owners /operators as well as this installation activity and the overall US economy from this

modification. Increased economic action is of clear public i nterest to the United States.

Since the passengers aboard these airplanes will not be revenue paying customers of commercial for

hire airlines , but rather employees of the owner operator and specifically trained, there is no degradation to airline passeng er safety and therefore no detrimental impact the public at large. Indeed, the supernumeraries are already employees of the Owner/Operator.

The project in question on this Boeing 747

- 400F is a case of the special market in which BaySys

works. Owners and operators require configurations that use interior space in ways not anticipated in the original TCDS configurations which, in this case include access to the main cargo deck during flight in support of animal care. In order to satisfy the customer requir ements and maintain our marketing competitiveness, BaySys Technologies, LLC seeks to accommodate this configuration while providing an adequate level of safety for the flight crew and supernumeraries.

BaySys Technologies, LLC is a small and growing com pany based in Virginia that provides engineering, certification and installation on p art 25 aircraft. BaySys is the parent company of a p art 145 Repair Station and an FAA Part Manufacturer Authority (PMA) certificate. The company employs over 50 US citi zens and provides stron g support to the local economy where these employ ees and facilities are located. Moreover, our facility and operations in the Virginia area key in a project led by the County of Accomac k , the State of Virginia and u ni versities teame d with the NASA Wallops Flight F acility in Virginia to create a new Wallops Research Park . The purpose of this new Wallops Research Park is to promote aerospace

- related activities and research relatedThe Art of Technology

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+1 757.787.7668 BQMS Form 613 educational activities that will promote real and sust ainable economic growth in this county ; BaySys is privileged to be a part ner in these efforts

. O ur success in an extremely competitive global economy will have a significant positive impact on the local and regional economy.

This project is work for an ―offshore‖ client, improving the United States’ balance of trade.

Granting this exemption will permit conclusion of this project, which will provide a significant

income with positive impact on both the local and regional economies. This will aid both in the case of this specific project and in future aircraft in this STC.

Approval of these exemptions will enable this Virginia company working on Transport Category Airplanes to effectively compete in this global market. Stability and improved financial performance of this Virginia company gives greater job stability to workers employed, thereby providing a stabilizing influence to the greater regional and the larger US economy due to the increased consumer spending capacity associated with stable worker s. Improved financial performance of Virginia owned and operated corporations and increased workforce stability translates into continued and improved local, state, and federal tax revenues, which in turn add to the stability of the overall United States economy. Improved financial performance allows Virginia corporations to continue to invest in Research and Development allowing the United States to maintain and improve its competitive position in the global economy.

8 REQUEST TO WAIVE PUBLICATION AND PU BLIC COMMENT

For this petitions, BaySys requests that the publication and comment procedures that are required by 14CFR § 11.29 be waived in accordance with §11.87. In our estimation :

 Granting these petitions would not set precedents;

 These exemptions ar e near identical to previously granted exemptions, and are already recognized by the FAA on similar model aircraft (1870, 8536, 8587)

 The issues are non

- controversial;

 Delaying approval will delay the engineering deliverable which will delay the scheduled completion of this project, with resulting schedule backups and additional expense;

 The inherent delaying action caused by publication in the Federal Register may cause delays in modifying the 747

- 400F and thereby require multiple aircraft to fulfill the p roject mission s

.

 Our petitions have been filed in a timely manner, within days of assignment of ACO project number to support of delivery to meet customer schedule requirements.

In keeping with our program schedule, we request that review and decision b e made as soon as possible.The Art of Technology

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+1 757.787.7668 BQMS Form 613 9 SUMMARY The following summary is presented in support of publ ication in the Federal Registry

.

Section s of 14 CFR a ffected :

 25.785(d) (amendment 25

- 64),

 25.807(c)(1) (25

- 67),

 25.807(c)(5) (25

- 67),

 25.809(f)(1) (25

- 47),

 25.813(b) (25

- 46),

 25.813(e) (25

- 46),

 25.857(e) (25

- 60),

 25.1447(c)(1) (25

- 41)

Description s of r elief s ought: Petitioner requests relief from the requirements of

 25.785(d) (amendment 25

- 64), relief from requirement for a firm handhold on the main cargo deck while occupied in flight;

 25.807(c)(1) (25

- 67), relief from the requirement of having two Type III exits, one on each

side

, on the upper deck;

 25.807(c)(5) (25

- 67), relief from the requirement for Type III exit in lieu of Type IV due to

ove r wing constraints on upper deck;

 25.809(f)(1) (25

- 47), relief from an automatic a ssist mechanism (slide) from Emergency exits on upper deck ;

 25.813(b) (25

- 46), relief from a the requirement for an assist space next to emergency exits on upper deck;

 25. 813(e) (25

- 46)Prohibits installation of interior doors between passenger compartments and exits;

 25.857(e) (25

- 60), Restriction on Class E cargo Compartment use for cargo only;

 25.1447(c)(1) (25

- 41), relief from automatic presentation of O2 masks while in cargo bay.

 In addition, the petition has proposed a definition of Supernumeraries who may have limited access to the main deck cargo compartment, that mirrors the classifications listed in 14CFR 121.583 (a) (1) through (a)(7) , given specific operationa l limitations and conditions.

B aySys Technologies respectfully submits this Petition for Exemption as regards this project

ST 15315LA

- T

. We believe that the mitigations we have presented will provide a level of safety adequate to protect all crew and supe rnumeraries in this aircraft.