AFS-15-228-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 EMB120 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 no certificate holder may operate an 

aircraft that has a passenger seating configuration, excluding any pilot seat, 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. This exemption would only be 

applicable when no person occupies any passenger seat in the aircraft when carrying 

cargo under the operating rules of part 135.
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The petitioner contends the 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, there 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 authorizing operations in an Embraer 120 aircraft equipped 

with more than 19 seats, carrying no passengers, 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 this exemption will not adversely affect safety, since the primary 

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

contends this exemption will benefit the public by the reduced cost in transporting

time-critical cargo, since there will 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 comments were received.

The FAA's analysis is as follows:

The 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 established by the FAA as a result of reviewing accident

histories, 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 personnel were not available to assist passengers, faced with 

chaotic postcrash conditions, in opening emergency exits and evacuating the aircraft. 

The FAA highlights that safety 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 limited to cargo-only operations with no 

passengers on board. As a result, the 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 public through the 

efficient transport of time-critical cargo since there will be one less crewmember 

onboard.
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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 granted an exemption 

from 14 CFR § 135.107 to the extent necessary to 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 conducting cargo-only operations and not carrying passengers, 

subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption 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 operations

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

Acting Deputy Director, Flight Standards Service