AFS

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- E Exemption No. 11459

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

FREIGHT RUNNERS EXPRESS Regulatory Docket No. FAA

- 2014

- 1031

for an exemption from § 135.107 of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated December 11, 2014, Mr. Patrick Hammer, Director of Operations, Freight Runners Express, Inc. (Freight Runners), 1901 East Layton Avenue, Milwaukee, Wisconsin, 53207 petitioned the Federal Aviation Administration (FAA) on behalf of Freight Runners for an exemption from § 135.107 of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Freight Runners to operate its Embraer EMB

120 aircraft configured with more than 19 passenger seats without a flight attendant on board

when it is not carrying passengers.

The petitioner requests relief from the following regulation:

Section 135.107 prescribes, in pertinent part, that n o certificate holder may operate an aircraft that has a passenger seating configuration, excluding any pilot sea t, of more than 19 unless there is a flight attendant crewmember on board the aircraft.

The petitioner supports its request with the following information:

The petitioner states Freight Runners Express, Inc. is requesting an exemption from § 135.107 when operating aircraft equipped with more than 19 passenger seats and not carrying passengers in Embraer EMB

- 120 Aircraft. T his exemption would only be applicable when no person occupies any passenger seat in the aircraft when carrying cargo under the operatin g rules of part 135.2

The petitioner contends t he Embraer 120 Weight and Balance Manual allows the carriage of cargo in the cargo compartment only (tail area) in passenger configurations. When no passengers are carried on the aircraft , but only cargo
, th ere is no logical requirement for a flight attendant to be present since the flight attendant is for the safety of passengers.

The petitioner states that a uthorizing operations in an Embraer 120 aircraft equipped

with more than 19 seats, carrying no passe ngers, and operating without a flight

attendant will allow for greater flexibility in company operations when the aircraft has no scheduled passenger flights and a flight attendant crewmember is not available.

The petitioner asserts t his exemption will no t adversely affect safety

, since the primary

purpose of a flight attendant is for the safety of the passengers. Further, the petitioner

contends t his exemption will benefit the public by the reduced cost in transporting

time

- critical cargo

, since there wil l be one less crewmember onboard.

The petitioner clarifies that this exemption would allow operations with only two pilots and zero passengers.

A summary of the petition was published in the Federal Register on January 20 , 2015 ( 80 FR 2775 ). No com ments were received.

The FAA's analysis is as follows:

T he safety standard prescribed in § 135.107 prohibits the operation of an aircraft configured with more than 19 passenger seats unless a flight attendant is on board the

aircraft. This standard was e stablished by the FAA as a result of reviewing accident

h istories , which demonstrated that, in many instances, passengers survived the crash impact of an aircraft

, but perished in the fire that followed because sufficient numbers of appropriately trained p ersonnel were not available to assist passengers , faced with chaotic postcrash conditions, in opening emergency exits and evacuating the aircraft. The FAA highlights that s afety of passengers is directly related to the ability of passengers to receive and follow appropriate instructions should an emergency occur

, which is the primary purpose of the flight attendant requirement.

The FAA agrees with the petitioner that a grant of exemption would not adversely impact safety since the exemption would be limit ed to cargo

- only operations with no passengers on board

. As a result, t he FAA finds the grant of this exemption would provide a level of safety at least equal to that provided by the rule

.

The FAA also finds that a grant of exemption will benefit the pub lic through the

efficient transport of time

- critical cargo since there will be one less crewmember

onboard.3

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, Freight Runners Express, Inc. is grant ed an exemption

from 14 CFR § 135.107 to the extent necessary to allow Freight Runners to operate its

Embraer EMB

- 120 a ircraft configured with more than 19 passenger seats without a flight

attendant on board when it is conducting cargo

- only operations and not carrying passengers

, subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemp tion may only be used for cargo

- only operations with no passengers on

board.

2. Only the flight crew of two pilots may be on board during cargo

- only operation s under this exemption

. 3. A check airman or FAA Aviation SafetyInspector may be on board for cargo

- only operations during a line check or enroute inspection while seated on the jump

seat.

This exemption terminates May 31

, 2017 , unless sooner superseded or rescinded.

Issued in Washington, DC, on

.

/s/ John Barbagallo

Ac ting Deputy D irector, Flight Standards Service