117 Glover Avenue  ‐  Norwalk  ‐   Connecticut  ‐  06850  ‐  USA  

                                                 Phone:  +1.203.847.6000      ‐      Fax:  +1.203.847.9612    

             www.southernair.com

Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12‐140

Washington, DC 20590

May 3, 2011

RE: PETITION FOR EXEMPTION – UPPER DECK SEATING ‐ BOEING 747‐200 FREIGHTER

Southern Air Inc. (SAI) respectfully petitions for an exemption to various sections of parts 25 and 121 of

the Federal Aviation Regulations (FAR’s) for the express purpose of transporting two additional

supernumeraries ‐ listed as Government Sponsored Personnel – in excess of those allowed under the

conditions of Boeing Exemption No. 1870D. [Attachment A]  Under the provisions of Boeing Exemption

No. 1870D, applicable to B747‐200 modified freighters and B747‐200F’s, Southern Air Inc. may carry five

supernumeraries plus a crew of three – not to exceed eight total occupants ‐ on the upper deck.

Given the provisions listed in § 11.25, Southern Air Inc. will show that this petition is in the best interest

of the public and that more than adequate measure are taken to ensure that safety is not compromised.  

Southern Air Inc, also humbly requests an expeditious approval of this petition and that the FAA forego

the period for public comment.  

The scope of this petition will be limited to a contract with the U.S. military and will allow Government

Sponsored Personal to escort military cargo on Southern Air ‐ cargo only ‐ aircraft.  Government

Sponsored Personnel is defined as Individuals under military orders stating they are escorts, couriers,

and/or guards for cargo or human remains or a 618 TACC directed MRT. [Attachment B]

This petition for exemption is in the public interest since it will allow Southern air the ability to

accommodate specific contractual provisions with the U.S. Military relating to the carriage of

Government Sponsored Personnel and will not adversely affect safety in any way. [Attachment C]

Typically, military flights transit airports with little or no commercial traffic. Additionally,

accommodations in the area surrounding some military bases are nonexistent. Therefore, in order to

support Military (AMC) flights, SAI must require a Load Master and a Technical Representative (Aircraft

Mechanic) to ride aboard the aircraft. Additionally, some military flights exceed the flight time

requirements of § 121 subpart S for a single crew. Therefore, SAI is required to carry additional

crewmembers to comply with the flight time requirements as stated in § 121 subpart S. In this case, SAI

would be required to carry six flight deck crewmembers, one Loadmaster, one Technical representative

and two Government Sponsored Personnel for a total of ten people.
  

                                     117 Glover Avenue  ‐  Norwalk  ‐   Connecticut  ‐  06850  ‐  USA  

                                                 Phone:  +1.203.847.6000      ‐      Fax:  +1.203.847.9612    

             www.southernair.com

This petition for exemption is greatly simplified by the fact that Government Sponsored Personnel meet

the definition of supernumeraries provided in § 121.583 (6), (7). Meeting the terms of this Section

provides relief for a number of FAR requirements which address passengers and the general public.   

Approval of this petition is further supported by the fact that United Parcel Service has requested a

similar exemption and was approved a Partial Grant of Exemption to carry additional supernumeraries.  

[Attachment D – Exemption No. 6247]

The following information will detail the effected Sections along with the associated discussion 

to outline SAI’s intended action to instill an equivalent level of safety: 

Section 25.807, Section 25.810, Emergency Exits, Emergency egress assist means and escape routes.  

SAI’s Boeing 747 aircraft have an escape slide on the R1 door on the main deck (Type I Emergency Exit).  

§ 25.807 (g). There are also eight inertia reel descent devices on the flight deck in the overhead

immediately next to the escape hatch. Additional escape paths are the main deck L1 door and through

the Electrical and Equipment (E & E) Bay door. SAI contends that, pursuant to § 25.807 (g) and § 25.810

(a) (2) more than adequate egress exists given the existing configuration.

Section 121.311, Seats, safety belts, and shoulder harnesses.  

If not already installed, additional seats will typical be TSO C‐39 passenger double seat assemblies. 

Some SAI B747 aircraft are currently equipped with additional seats, safety belts, and shoulder 

harnesses. 

Sections 121.329 and 121.333, Supplemental oxygen requirements.

The existing requirement is presently satisfied by a system with drop‐down masks fed from large 

bottles. For the additional seats, the oxygen needs may be met by either drop down masks or 

portable bottles mounted on, or immediately next to, the seats. Oxygen quantity will be verified as 

part of the pre flight procedures. 

Section 121.339   Emergency equipment for extended over‐water operations.

Two additional life preservers each equipped with an approved survivor locator light will be added 

to the aircraft emergency equipment.   

On flights carrying ten people, two life rafts each capable of a rated capacity and buoyancy to 

accommodate ten occupants will be installed. 
  

                                     117 Glover Avenue  ‐  Norwalk  ‐   Connecticut  ‐  06850  ‐  USA  

                                                 Phone:  +1.203.847.6000      ‐      Fax:  +1.203.847.9612    

             www.southernair.com

Southern Air Inc. requests that action on this petition should not be delayed by publication and 

comment procedures for the following reasons: (1) a grant of exemption would not set a precedent; 

(2) the requested relief is for Military flights (AMC) only, and; (3) a delay in acting on the petition 

would be disruptive and create a major economic burden for the petitioner and the U.S. Military. 

Respectfully Submitted, 

Gary Walsh 
 

 Exemption No. 1870D 

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 FEDERAL AVIATION ADMINISTRATION 

 RENTON, WASHINGTON 98055-4056 

 * * * * * * * * * * * * * * * * * * * * * * * 

 * 

 In the matter of the petition of * 

 * 

 THE BOEING COMPANY * 

 * Regulatory Docket 

 for an exemption from Sections 25.807(c)(1) * No. 13203 

 and (5), 25.809(f)(1) and 25.813(b) of * 

 the Federal Aviation Regulations * 

 * 

 * * * * * * * * * * * * * * * * * * * * * * * 

 

 AMENDMENT TO GRANT OF EXEMPTION 

 Exemption No. 1870C from the provisions of Sections 25.807(c)(1) 

 and (5), 25.809(f)(1) and 25.813(b) of the Federal Aviation 

 Regulations (FAR) was granted June 2, 1986, to The Boeing 

 Company (Boeing), P.O. Box 3707, Seattle, Washington 98124. The 

 exemption permits type certification of certain all-cargo 747 

 series models with provisions for carriage on the upper deck of 

 not more than five persons other than flight crewmembers, with 

 the total number of upper deck occupants not to exceed eight. 

 The upper deck must be configured with one approved emergency 

 exit having the dimensions of a Type I emergency exit, and one 

 approved emergency exit hatch that has eight inertia reels and 

 five body harnesses. The models to which the exemption applies 

 are 747-100 (when modified from a passenger configuration to an 

 all-cargo main deck configuration in accordance with Supplemental 

 Type Certificates (STC) SA976CE-D, SA977CE-D and SA978CE-D), 

 747-200C and 747-200F. (The petitioner refers to airplanes 

 modified from a passenger configuration to an all-cargo main deck 

 configuration as `Special Freighters' to distinguish them from 

 others, such as 747-200C's and 747-200F's, that are manufactured 

 as such.) The grant is subject to certain additional conditions 

 specified in the exemption. 

 

 By letter dated April 24, 1989, Mr. J. A. Boyle, Manager 

 Airworthiness, Everett Division, Boeing, petitioned for an 

 amendment to Exemption 1870C to include all 747-100 airplanes 

 modified to the all-cargo main deck configuration, regardless of 

 whether the above noted STC's are the basis for approval of the 

 modification, and to similarly modified 747-200 airplanes. 

 

 Sections of the FAR affected: 

 ANM-89-014-E 
 

 Section 25.807(c)(1) in effect June 2, 1986, provides, in 

 part, that an airplane having a passenger seating capacity 

 of one through nine must have at least one Type IV emergency 

 exit for each side of the fuselage. Section 25.807(c)(5) 

 further specifies that for airplanes on which the vertical 

 location of the wing does not allow the installation of 

 overwing exits, an exit of at least the dimensions of a Type 

 III exit must be installed instead of each Type IV exit 

 required by Section 25.807(c)(1). 

 

 Section 25.809(f) in effect June 2, 1986, provides, in part, 

 that a self-supporting slide or equivalent must be provided 

 to assist the occupants in descending to the ground for each 

 passenger emergency exit located more than 6 feet from the 

 ground. 

 

 Section 25.813(b) provides, in part, that there must be 

 enough space next to each exit located more than 6 feet 

 from the ground to allow a crewmember to assist in the 

 evacuation of passengers. 

 Note: Effective with the adoption of Amendment 25-72 on 

 August 20, 1990, the requirements of Section 25.807(c)(1) 

 and (5) were transferred to Section 25.807(d)(1) and (4), 

 respectively, and those of Section 25.809(f) were 

 transferred to Section 25.810(a). 

 

 The petitioner's supportive information is as follows: 

 "At this time, Boeing Military Airplanes (BMA) is commencing 

 a project which will convert a number of 747-100 and 

 747-200 passenger airplanes into Special Freighters. 

 Although Exemption 1870C addresses only 747-100 airplanes 

 modified under specific Supplemental Type Certificates, 

 there will be no basic configuration differences between 

 these airplanes and those that are converted to Special 

 Freighters under the new project. All airplanes, including 

 the 747-200 models, will be approved under the Supplemental 

 Type Certificate process. Because of certain customer 

 variable features, such as avionics, a number of STC's 

 would be issued and each would be required to be added to 

 the current Exemption 1870C. 

 

 "Since all the design features which could affect the 

 carriage of people on the upper deck have already been 

 considered in the granting of Exemption 1870C, it is 

 requested that the wording of the exemption be changed to 

 include all 747-100 and 747-200 that have been modified to 

 the Special Freighter configuration under the STC process. 

 Such a change would avoid continuous revisions of the 

 Exemption to add different STC's." 

 

 A summary of the petitioner's April 24, 1989, request was 

 published in the Federal Register on May 24, 1989 (54 FR 22518). 
 

 No comments were received. 

 The FAA analysis/summary is as follows: 

 The FAA has reviewed the petitioner's request and noted that 

 the models specified in Exemption 1870C have operated since 

 1973 without any adverse effect on safety. The FAA concurs 

 that the specific document by which the modification of the 

 747 series airplane from a passenger configuration to an 

 all-cargo main deck configuration is approved is not 

 relevant to the issues involved in granting Exemption 1870C. 

 The FAA has, therefore, determined that this action can be 

 taken without compromising safety. 

 

 In consideration of the foregoing, I find that an amendment to 

 Exemption 1870C is in the public interest and will not affect the 

 level of safety provided by the regulations. Therefore, pursuant 

 to the authority contained in Sections 313(a) and 601(c) of the 

 Federal Aviation Act of 1958, delegated to me by the 

 Administrator (14 CFR 11.53), the petition of Boeing to amend 

 Exemption 1870C is granted with the following provisions: 

 

 1. The exemption is applicable to all Boeing Model 747-100 

 and 747-200 airplanes incorporating an FAA-Approved 

 modification from a passenger configuration to an all-cargo 

 main deck configuration and to all 747-200C and 747-200F 

 airplanes incorporating an all-cargo main deck 

 configuration. 

 

 2. All other provisions of Exemption 1870C, together with 

 its conditions and limitations, remain the same and are 

 applicable to this exemption. 

 3. This amendment is part of, and shall be attached to, 

 Exemption 1870C. 

 Issued in Renton, Washington, on April 3, 1991. 

 /s/ Leroy A. Keith, Manager, 

 Transport Airplane Directorate, 

 Aircraft Certification Service 
SOLICITATION NO: HTC711-10-R-C001 

CONTRACT NO: 

Attachment 1 

Appendix 1 

1 June 2010 

1-5

Exercise – A military maneuver or simulated wartime operation involving planning, preparation, and execution. It 

is carried out for the purpose of training and evaluation. It may be a multinational, joint, or single-Service exercise, 

depending on participating organizations. Exercise missions are not considered PE airlift. 

Family Assistance Plan (FAP) - A generic term referring to the air carrier family assistance plans required by the 

ADFAA. 

Federal Family Assistance Plan (FFAP) - A plan published on 6 July 1999 by the National Transportation Safety 

Board (NTSB). 

Global Patient Movement Requirements Center (GPMRC)/Theater Patient Movement Requirements Center 

(TPMRC) - Patient movement control and regulating center responsible for validating patient movement 

requirements and matching patient needs with bed availability. 

Government Sponsored Personnel (Cargo only) - Individuals under military orders stating they are escorts, 

couriers, and/or guards for cargo or human remains or a 618 TACC directed MRT. 

Guaranteed Allowable Cabin Load (GACL) - The amount the Government purchases. 

Intra-base Communication - On base telephone service. 

LOX - Liquid Oxygen 

Major Discrepancy - A discrepancy that counts as one violation towards the performance threshold outlined in the 

SDS for passenger and cargo missions. 

Manifests - Movement record of traffic transported on aircraft operated by, for, or under the control of the DOD. 

Maximum Standard Payload - The ‘Maximum Standard Payload’ as used by USTRANSCOM in its Uniform 

Negotiated Rates and Rules, is the same as the GACL or ACL. The GACL is the number of passengers and baggage 

weight, for which the contractor guarantees availability to the Government. GACL does not include weight of 

baggage equipment (i.e., LD3 containers, pallets, nets) or hand-carried baggage. This does not apply to cargo 

missions. The Government agrees to use this amount as the price basis regardless of whether the Government 

utilizes the full guaranteed capacity on any given flight. 

Medical Crew Director (MCD) - A qualified flight nurse responsible for the overall supervision of patient care and 

management of CCATTs and AECMs assigned to AE missions. 

Military Installations - Defined as airfields that are owned, leased, or controlled by the US Government. 

Minor Discrepancy – A discrepancy that counts as 1/3 of a violation towards the performance threshold outlined in 

the SDS for passenger and cargo missions. 

Mobilization Representative (MOBREP)/Technical Advisory Group (TAG) - The MOBREP is a person, and 

the TAG is made up of persons, provided by CRAF contractors to furnish technical advice and information designed 

to provide maximum coordination, efficiency, and effectiveness in the use of CRAF aircraft. 

Navigation Route Kit - Navigation route kits are provided by the Government through the NGA and the DLA. 

NGA is responsible for content and publication. DLA is responsible for account management, shelf stock and 

automatic distribution. The contractors are required to retain and maintain in serviceable condition the publications 

and charts required in the kit. Contractors are authorized to use FLIPs and charts during peacetime commercial and 

military contract operations; however, the kits must be maintained in a ready status to support any stage of CRAF 

activation. A navigation kit generally consists of IFR/Visual Flight Rules (VFR) Enroute Supplements, Terminal 
SOLICITATION NO: HTC711-10-R-C001 

CONTRACT NO: 

 Page 14 of 41 Attachment 1 

1 June 2010 

1.3.13.1. REQUIRED REGULATION: Contractor shall ensure each aircraft transporting explosives and other 

hazardous materials has on board a current copy of the International Civil Aviation Organization (ICAO), "Emergency 

Response Guidance for Aircraft Incidents Involving Dangerous Goods" handbook. 

 

1.3.14. AIRCRAFT LIGHTING: Lighting system will sufficiently illuminate all loading compartments of the 

aircraft ensuring safe conditions for cargo loading and unloading operations. 

 

1.3.15. SEATS FOR GOVERNMENT SPONSORED PERSONNEL ON CARGO AIRCRAFT: The Government 

will advise the contractor 24-hours prior to scheduled departure of the mission of the number of seats required. When 

requested, the contractor shall provide two seats at no extra cost for Government sponsored personnel in the heated 

portion of the aircraft. During an operational stop, the contractor shall be required to provide courier lodging, meals, 

and ground transportation. In the event the contractor requires an augmented crew for immediate mission support, prior 

approval by the ACO is required. When requested and subject to the availability of space and configuration of the 

aircraft, a third seat shall be provided at no additional cost. In addition, such seats may be used by Contract 

Administrators (CAs) and CORs in performance of their duties. The seats may be jump, observer, or passenger seats 

and must be readily accessible to the crew compartment. These seats shall be provided on ferry legs of cargo flights, on 

a space available basis, for use by CAs and CORs in performance of their duties. 

1.3.15.1. MEALS FOR GOVERNMENT SPONSORED PERSONNEL ON CARGO AIRCRAFT: Government 

sponsored personnel on cargo aircraft shall be served a meal or snack equivalent to that served the flight crewmembers. 

1.3.16. OUTSIZED CARGO (MAXIMUM PAYLOAD: 120 S/TONS): Performance requires aircraft equipped 

with rear loading ramp and nose loading. The aircraft shall be capable of transporting outsized cargo and heavy 

equipment. Cargo to be transported is expected to exceed dimensions of a B-747. Maximum payload: 120S/Tons. 

1.3.16.1. THIRD COUNTRY NATIONALS (TCNs) ASSOCIATED WITH OUTSIZED CARGO

MISSIONS.: In order to comply with third country national reporting requirements from other governments, the U.S. 

Government requires a listing of the full names (in both English and the contractor's native language) and 

a scanned copy of the passport photo page for all flight crew members and technicians. Copies of the passport photo 

pages are to be provided on compact disk (CD) or digital video disk (DVD) to the (ACO at USTRANSCOM/TCAQ-C. 

Quarterly updates to the TCN listing are required in Jan, Apr, and July. The quarterly updated information is to include 

(a) notice of separated crew members/technicians and (b) full names of newly hired crew members/technicians along 

with a copy of the passport photo page. Quarterly updates are to be provided on CD or DVD to the ACO at 

USTRANSCOM/TCAQ-C. 

1.3.17 RESTRICTED AIRFIELDS: Performance may require airlift services not currently available directly 

from US certificated carriers. Aircraft used for this requirement must be able to fly in foreign restricted areas. 

The contractor may perform these services by subcontracting to a foreign contractor who is DOD approved 

pursuant to 32 CFR 861. 

1.3.18 HAND SIGNALS: All commercial carriers must adhere to hand signals prescribed in T.O. 36M-1-

141, Operating Instruction 463L Material Handling Equipment System (19 Nov 74, Change 2-9 Jun 00). 

Specifically, carriers are to follow paragraphs 1-21c, 1-21f, 2-72 through 2-75 and figures 2-28 through 2-31. 

This will ensure safety of loading and standardize hand signals while loading aircraft. A copy of this technical 

order is available by calling HQ AMC/A4RV, 618-229-4800. 
1

Exemption No. 6247 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

RENTON, WASHINGTON 98055-4056

In the matter of the petition of 

United Parcel Service

for an exemption from various Federal Aviation

Regulations 

Regulatory Docket No. 28380

PARTIAL GRANT OF EXEMPTION

By letter dated October 19, 1995, Mr. Tony McBride, Manager, Quality Assurance, United Parcel 

Service, 1400 North Hurstbourne Pkwy., Louisville, KY 40223, petitioned for certain one-time 

exemptions, for a single flight only, for the purpose of permitting an additional five supernumeraries from 

the five that are currently allowed on the upper deck only by Exemption No. 1870D, in order to tend to 

the needs of a whale on the main deck cargo compartment during transport on a Boeing 747-100 

aircraft from Mexico City to Oregon. 

Affected Sections of the FAR:

Section 25.791 provides construction and visibility standards for "No Smoking" and "Fasten 

Seat Belt" signs.

Section 25.810 prescribes the requirements for emergency evacuation assist means.

Section 25.812 provides certain design and illumination criteria for emergency lighting.

Section 25.857(e) requires that a Class E cargo compartment is one on airplanes used only for 

the carriage of cargo, and specifies certain characteristics of that compartment.

ANM-96-006-E
2

Section 25.1447(c)(1) requires, in pertinent part, that oxygen masks must be automatically 

deployed, immediately available to each seated occupant, and must exceed in number the 

quantity of seats by 10%, with the extra units distributed evenly throughout the cabin. 

The petitioner's supportive information is as follows:

United Parcel Service (UPS) respectfully petitions for a one-time exemption to various sections 

of parts 25 and 121 of the Federal Aviation Regulations (FAR) for the express purpose of 

transporting a whale from Mexico City to Portland, Oregon, in a UPS-operated Boeing 747-

100. Given the provisions listed in § 11.25, UPS will show in the following sections that this 

petition is in the best interest of the public, and that more than adequate measures are taken to 

ensure that safety is not compromised in any way. United Parcel Service also humbly requests 

an expeditious approval of this petition, and that the FAA forego the period for public comment. 

United Parcel Service would like to make a commitment to the Oregon Coast Aquarium, and 

our ability to accommodate the aquarium in this mission is contingent upon the expeditious 

approval of this petition. The scope is limited to this one charitable flight, and as such, lends 

itself to an abbreviated approval process.

The mission consists of transporting Keiko (the killer whale), a water-holding tank, the actual 

whale cradle, and the attending personnel from Mexico City to Portland, Oregon. Water is 

stored in the holding tank during takeoff and landing, and is pumped into the cradle when the 

aircraft is in cruise. Structurally and operationally (for example, center of gravity limits), this 

flight will be conducted within normal Flight Manual limits.

Oregon Coast Aquarium has requested that a staff of 8 to 10 people be allowed to fly on the 

aircraft. The UPS Boeing 747-100 main deck is presently certified as a Class E compartment 

with five supernumeraries in the upper deck. This petition addresses the additional needs of as 

many as five more supernumeraries located in the upper deck during takeoff and landing with 

full access during cruise to the main deck. This petition is intended to address these personnel 

and the regulatory requirements for their safety. In a case by case review of FAR requirements, 

it will be shown that safety will not be adversely affected in any way.

The staff flying with Keiko meet the definition of supernumeraries provided in 

§ 121.583(a)(4)(ii). This Section states, "a person necessary for ... the safe handling of animals." 

Meeting the terms of this Section provides relief for a number of FAR requirements which 

address passengers and the general public. Meeting the provisions of this definition also greatly 

simplifies the petition for exemption.

The following information will detail the effected Sections along with the associated discussion to 

outline UPS's intended action to instill an equivalent level of safety:
3

Section 25.810, Emergency egress assist means and escape routes. United Parcel Service's 

Boeing 747 aircraft have an escape slide on the Rl door on the main deck. There are also eight 

inertia reel descent devices in the cockpit in the overhead immediately next to the escape hatch. 

Additional escape paths are the main deck Ll door and through the Electrical and Equipment (E 

& E) Bay door. United Parcel Service requests that this requirement be exempted based on the 

fact that more than adequate egress exists given the existing configuration.

Section 121.309(c)(2), Hand fire extinguishers in Class E cargo compartment. This 

requirement is already being met. Transporting the whale with its associated equipment does 

not pose any threat to safety and thus no action is required.

Section 121.311, Seats, safety belts, and shoulder harnesses. The additional seats that are 

intended to be installed are typical TSO C-39 passenger double seat assemblies.

Section 121.313, Miscellaneous equipment. 

(f) Passenger/cockpit door. This requirement is not applicable when the provisions of 

§ 121.583 for defining supernumeraries is applied. United Parcel Service aircraft have a door 

separating the cockpit from the upper deck area, but the lock has been disabled since this area 

is only ever occupied by UPS-employed supernumeraries. This is mentioned here for the 

purposes of relating to the next item.

(h) and (i). Request this requirement be exempted on the basis of the preceding discussion 

above. This will only come into play if a supernumerary is in the cockpit in an observer's seat 

instead of in the upper deck. Again, since this door cannot be locked it does not need a key.

Section 121.317, Passenger information. 

(a) Passenger signs per § 25.791 must be illuminated. 

(b) "Fasten Seat Belt" sign.

(c) "No Smoking" sign

This entire Section is not applicable, given the terms of § 121.583. Section 121.317(a) 

specifically refers to § 25.791-required placards. Based on this direct reference, the 

requirements of § 25.791 (for fasten seat belts and no smoking illuminated placards) are 

requested to be exempted.

As additional justification for (b), the aircraft does have operable "Fasten Seat Belt" signs. 

Depending on which aircraft is selected will determine whether existing (i.e., retained) "seat belt" 

signs are installed at every seat position. The small size of the group, as well as the close 

proximity to the flightcrew, will further enhance the ability of the flightcrew to communicate any 

instructions to the supernumeraries.
4

As additional justification for (c), should it be necessary, smoking is prohibited on all UPS 

flights. Supernumeraries are briefed that this is our corporate policy prior to every flight. Our 

non-UPS supernumeraries for this trip will be briefed well ahead of time as well.

Section 121.318, Public address system and

Section 121.319, Crew interphone system

Both these requirements are applicable on aircraft with more than 19 passengers. Even if

supernumeraries were considered passengers in this instance, their total number still would not 

be enough to make this requirement applicable.

Sections 121.329 and 121.333, Supplemental oxygen requirements

The existing requirement is presently satisfied by a system with drop-down masks fed from large 

bottles. For the additional seats, their oxygen needs will be intended to be met by portable 

bottles mounted on, or immediately next to, the seats. Oxygen quantity will be verified.

Section 121.578, Cabin ozone concentration

An exemption for the analysis of this requirement is requested. This flight/mission is a one-time, 

charitable event with the possibility of ozone concentrations exceeding the prescribed levels 

being remote. The flight will be conducted at lower latitudes, and terminating in Portland, 

Oregon. This flight route is not one where high ozone concentrations have been a observed.

(FAA Note: The above text of the petition was supplemented by a chart whose value to the 

petition could not be determined, and in any event, it was administratively determined that its 

inclusion would require an excessive workload in the short time frame desired by the petitioner.)

The FAA finds, for good cause, that action on this petition should not be delayed by publication and 

comment procedures for the following reasons: (1) a grant of exemption would not set a precedent; (2) 

the requested relief is for one flight only, and; (3) a delay in acting on the petition would be disruptive 

and create a major economic burden for the petitioner and operator.

The FAA's analysis/summary is as follows:

The main decks of 747-100 cargo aircraft are Class E cargo compartments. Section 25.857(e) 

permits Class E cargo compartments only on airplanes used only for the carriage of cargo. 

However, under the conditions of Boeing Exemption No. 1870D, under which UPS operates, 

the carriage of up to five supernumeraries is allowed on these aircraft, on the upper deck only. 

The proper focus of the current UPS petition is to address two areas of interest appropriate for 

this one-time flight: 
5

(1) The one-time carriage of up to five additional supernumeraries accommodated on the upper 

deck, from the maximum of five that is currently allowed by Exemption No. 1870D, for a 

maximum total of ten supernumeraries; and 

(2) For this one-time flight, supernumerary access to the main deck cargo compartment during 

cruise only, to attend to the needs of the live whale cargo. 

Requirements and Conditions for these two areas of interest:

Regarding item (1), the FAA concurs with its understanding of the petitioner's intent to provide 

approved upper deck seating similar to that provided for existing supernumerary seating. With 

regard to "No Smoking" and "Fasten Seat Belts" signs and placards required by § 25.791, 

which are currently located with respect to existing supernumerary seating and may not be 

entirely visible to the additional five, the FAA concurs with its understanding of the petitioner's 

proposal that pre-flight briefings and inflight assistance will assure the requisite compliance with 

no smoking and seatbelt requirements. With regard to the "automatically presented" 

supplemental oxygen requirements of § 25.1447(c)(1), the FAA concurs with its understanding 

of the petitioner's proposal to install portable oxygen bottles, with masks attached, immediately 

available to each of the seated five additional supernumeraries. This concurrence is conditioned 

on a pre-flight briefing that includes instructions for the mutual assistance of all supernumeraries. 

With regard to the emergency egress assist means requirements of § 25.810, for the five 

additional supernumeraries on this one flight, the FAA concurs with its understanding of the 

petitioner's proposal that no additional escape means need be installed.

Item (2) is not addressed at all in existing Exemption No. 1870D, and therefore the following 

requirements and conditions are considered necessary to address the safety of up to ten 

supernumeraries who may be in the Class E cargo compartment during cruise (supernumeraries 

shall be required to be seated and restrained on the upper deck during takeoff and landing): (a) 

Some degree of handhold as intended by § 25.785(j) shall be provided along a pathway that 

shall be dedicated for use in traversing between the upper deck and the whale site. A pre-flight 

briefing shall include instructions to refrain from visiting other than the whale site on the main 

deck, and only as necessary. (b) A "No Smoking" placard shall be installed on the doorway 

leading to the main deck and at the whale site. (c) Each supernumerary shall wear on their 

person a portable oxygen bottle with attached mask while on the main deck. This apparatus 

may be the same as that installed at each seat in accordance with item (1) above. (d) There 

shall be a dedicated airplane decompression alarm audible at the whale site on the main deck, 

operable automatically with flightcrew manual action as backup, as a signal to don oxygen 

masks. This signal, and the accompanying donning procedures shall be included in the pre-flight 

briefing. (e) There shall be a dedicated "Return to Seats" annunciation at the whale site, either 

audible or visual, operable by the flightcrew, that is sufficiently noticeable to assure the return of 
6

supernumeraries to the upper deck during turbulence or for landing. Instruction regarding this 

signal shall be included in the pre-flight briefing. (f) A means of emergency illumination in lieu of 

that required by § 25.812 shall be provided so that each supernumerary can safely engage in 

needed activities, as well as traverse the pathway, in the event that normal illumination is lost. A 

flashlight carried on each supernumerary's person would suffice.

In consideration of the foregoing, I find that a partial grant of exemption is in the public interest, and will 

not significantly affect the level of safety provided by the regulations. Therefore, pursuant to the 

authority contained in §§ 313(a) and 601(c) of the Federal Aviation Act of 1958, delegated to me by 

the Administrator (14 CFR 11.53), the petition of United Parcel Service to exempt them from 

compliance with §§ 25.791, 25.810, 25.812, 25.857(e), and 25.1447(c)(1) of the FAR only to the 

extent necessary to permit the one-time carriage of up to five more supernumeraries on the upper deck 

of a Boeing Model 747-100 cargo aircraft than the maximum of five that are currently allowed by 

Exemption No. 1870D, and to permit supernumerary access of the main deck cargo compartment, 

during cruise only, to attend to the needs of a live whale cargo only. This exemption is granted subject 

to compliance with the Requirements and Conditions identified in the FAA's analysis/summary section 

immediately above, is intended to be utilized only in conjunction with the conditions of Exemption No. 

1870D, and terminates following the one-time flight.

Issued in Renton, Washington, on 

Darrell M. Pederson

Acting Manager

Transport Airplane Directorate,

Aircraft Certification Service
1

Exemption No. 6247 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

RENTON, WASHINGTON 98055-4056

In the matter of the petition of 

United Parcel Service

for an exemption from various Federal Aviation

Regulations 

Regulatory Docket No. 28380

PARTIAL GRANT OF EXEMPTION

By letter dated October 19, 1995, Mr. Tony McBride, Manager, Quality Assurance, United Parcel 

Service, 1400 North Hurstbourne Pkwy., Louisville, KY 40223, petitioned for certain one-time 

exemptions, for a single flight only, for the purpose of permitting an additional five supernumeraries from 

the five that are currently allowed on the upper deck only by Exemption No. 1870D, in order to tend to 

the needs of a whale on the main deck cargo compartment during transport on a Boeing 747-100 

aircraft from Mexico City to Oregon. 

Affected Sections of the FAR:

Section 25.791 provides construction and visibility standards for "No Smoking" and "Fasten 

Seat Belt" signs.

Section 25.810 prescribes the requirements for emergency evacuation assist means.

Section 25.812 provides certain design and illumination criteria for emergency lighting.

Section 25.857(e) requires that a Class E cargo compartment is one on airplanes used only for 

the carriage of cargo, and specifies certain characteristics of that compartment.

ANM-96-006-E
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Section 25.1447(c)(1) requires, in pertinent part, that oxygen masks must be automatically 

deployed, immediately available to each seated occupant, and must exceed in number the 

quantity of seats by 10%, with the extra units distributed evenly throughout the cabin. 

The petitioner's supportive information is as follows:

United Parcel Service (UPS) respectfully petitions for a one-time exemption to various sections 

of parts 25 and 121 of the Federal Aviation Regulations (FAR) for the express purpose of 

transporting a whale from Mexico City to Portland, Oregon, in a UPS-operated Boeing 747-

100. Given the provisions listed in § 11.25, UPS will show in the following sections that this 

petition is in the best interest of the public, and that more than adequate measures are taken to 

ensure that safety is not compromised in any way. United Parcel Service also humbly requests 

an expeditious approval of this petition, and that the FAA forego the period for public comment. 

United Parcel Service would like to make a commitment to the Oregon Coast Aquarium, and 

our ability to accommodate the aquarium in this mission is contingent upon the expeditious 

approval of this petition. The scope is limited to this one charitable flight, and as such, lends 

itself to an abbreviated approval process.

The mission consists of transporting Keiko (the killer whale), a water-holding tank, the actual 

whale cradle, and the attending personnel from Mexico City to Portland, Oregon. Water is 

stored in the holding tank during takeoff and landing, and is pumped into the cradle when the 

aircraft is in cruise. Structurally and operationally (for example, center of gravity limits), this 

flight will be conducted within normal Flight Manual limits.

Oregon Coast Aquarium has requested that a staff of 8 to 10 people be allowed to fly on the 

aircraft. The UPS Boeing 747-100 main deck is presently certified as a Class E compartment 

with five supernumeraries in the upper deck. This petition addresses the additional needs of as 

many as five more supernumeraries located in the upper deck during takeoff and landing with 

full access during cruise to the main deck. This petition is intended to address these personnel 

and the regulatory requirements for their safety. In a case by case review of FAR requirements, 

it will be shown that safety will not be adversely affected in any way.

The staff flying with Keiko meet the definition of supernumeraries provided in 

§ 121.583(a)(4)(ii). This Section states, "a person necessary for ... the safe handling of animals." 

Meeting the terms of this Section provides relief for a number of FAR requirements which 

address passengers and the general public. Meeting the provisions of this definition also greatly 

simplifies the petition for exemption.

The following information will detail the effected Sections along with the associated discussion to 

outline UPS's intended action to instill an equivalent level of safety:
3

Section 25.810, Emergency egress assist means and escape routes. United Parcel Service's 

Boeing 747 aircraft have an escape slide on the Rl door on the main deck. There are also eight 

inertia reel descent devices in the cockpit in the overhead immediately next to the escape hatch. 

Additional escape paths are the main deck Ll door and through the Electrical and Equipment (E 

& E) Bay door. United Parcel Service requests that this requirement be exempted based on the 

fact that more than adequate egress exists given the existing configuration.

Section 121.309(c)(2), Hand fire extinguishers in Class E cargo compartment. This 

requirement is already being met. Transporting the whale with its associated equipment does 

not pose any threat to safety and thus no action is required.

Section 121.311, Seats, safety belts, and shoulder harnesses. The additional seats that are 

intended to be installed are typical TSO C-39 passenger double seat assemblies.

Section 121.313, Miscellaneous equipment. 

(f) Passenger/cockpit door. This requirement is not applicable when the provisions of 

§ 121.583 for defining supernumeraries is applied. United Parcel Service aircraft have a door 

separating the cockpit from the upper deck area, but the lock has been disabled since this area 

is only ever occupied by UPS-employed supernumeraries. This is mentioned here for the 

purposes of relating to the next item.

(h) and (i). Request this requirement be exempted on the basis of the preceding discussion 

above. This will only come into play if a supernumerary is in the cockpit in an observer's seat 

instead of in the upper deck. Again, since this door cannot be locked it does not need a key.

Section 121.317, Passenger information. 

(a) Passenger signs per § 25.791 must be illuminated. 

(b) "Fasten Seat Belt" sign.

(c) "No Smoking" sign

This entire Section is not applicable, given the terms of § 121.583. Section 121.317(a) 

specifically refers to § 25.791-required placards. Based on this direct reference, the 

requirements of § 25.791 (for fasten seat belts and no smoking illuminated placards) are 

requested to be exempted.

As additional justification for (b), the aircraft does have operable "Fasten Seat Belt" signs. 

Depending on which aircraft is selected will determine whether existing (i.e., retained) "seat belt" 

signs are installed at every seat position. The small size of the group, as well as the close 

proximity to the flightcrew, will further enhance the ability of the flightcrew to communicate any 

instructions to the supernumeraries.
4

As additional justification for (c), should it be necessary, smoking is prohibited on all UPS 

flights. Supernumeraries are briefed that this is our corporate policy prior to every flight. Our 

non-UPS supernumeraries for this trip will be briefed well ahead of time as well.

Section 121.318, Public address system and

Section 121.319, Crew interphone system

Both these requirements are applicable on aircraft with more than 19 passengers. Even if

supernumeraries were considered passengers in this instance, their total number still would not 

be enough to make this requirement applicable.

Sections 121.329 and 121.333, Supplemental oxygen requirements

The existing requirement is presently satisfied by a system with drop-down masks fed from large 

bottles. For the additional seats, their oxygen needs will be intended to be met by portable 

bottles mounted on, or immediately next to, the seats. Oxygen quantity will be verified.

Section 121.578, Cabin ozone concentration

An exemption for the analysis of this requirement is requested. This flight/mission is a one-time, 

charitable event with the possibility of ozone concentrations exceeding the prescribed levels 

being remote. The flight will be conducted at lower latitudes, and terminating in Portland, 

Oregon. This flight route is not one where high ozone concentrations have been a observed.

(FAA Note: The above text of the petition was supplemented by a chart whose value to the 

petition could not be determined, and in any event, it was administratively determined that its 

inclusion would require an excessive workload in the short time frame desired by the petitioner.)

The FAA finds, for good cause, that action on this petition should not be delayed by publication and 

comment procedures for the following reasons: (1) a grant of exemption would not set a precedent; (2) 

the requested relief is for one flight only, and; (3) a delay in acting on the petition would be disruptive 

and create a major economic burden for the petitioner and operator.

The FAA's analysis/summary is as follows:

The main decks of 747-100 cargo aircraft are Class E cargo compartments. Section 25.857(e) 

permits Class E cargo compartments only on airplanes used only for the carriage of cargo. 

However, under the conditions of Boeing Exemption No. 1870D, under which UPS operates, 

the carriage of up to five supernumeraries is allowed on these aircraft, on the upper deck only. 

The proper focus of the current UPS petition is to address two areas of interest appropriate for 

this one-time flight: 
5

(1) The one-time carriage of up to five additional supernumeraries accommodated on the upper 

deck, from the maximum of five that is currently allowed by Exemption No. 1870D, for a 

maximum total of ten supernumeraries; and 

(2) For this one-time flight, supernumerary access to the main deck cargo compartment during 

cruise only, to attend to the needs of the live whale cargo. 

Requirements and Conditions for these two areas of interest:

Regarding item (1), the FAA concurs with its understanding of the petitioner's intent to provide 

approved upper deck seating similar to that provided for existing supernumerary seating. With 

regard to "No Smoking" and "Fasten Seat Belts" signs and placards required by § 25.791, 

which are currently located with respect to existing supernumerary seating and may not be 

entirely visible to the additional five, the FAA concurs with its understanding of the petitioner's 

proposal that pre-flight briefings and inflight assistance will assure the requisite compliance with 

no smoking and seatbelt requirements. With regard to the "automatically presented" 

supplemental oxygen requirements of § 25.1447(c)(1), the FAA concurs with its understanding 

of the petitioner's proposal to install portable oxygen bottles, with masks attached, immediately 

available to each of the seated five additional supernumeraries. This concurrence is conditioned 

on a pre-flight briefing that includes instructions for the mutual assistance of all supernumeraries. 

With regard to the emergency egress assist means requirements of § 25.810, for the five 

additional supernumeraries on this one flight, the FAA concurs with its understanding of the 

petitioner's proposal that no additional escape means need be installed.

Item (2) is not addressed at all in existing Exemption No. 1870D, and therefore the following 

requirements and conditions are considered necessary to address the safety of up to ten 

supernumeraries who may be in the Class E cargo compartment during cruise (supernumeraries 

shall be required to be seated and restrained on the upper deck during takeoff and landing): (a) 

Some degree of handhold as intended by § 25.785(j) shall be provided along a pathway that 

shall be dedicated for use in traversing between the upper deck and the whale site. A pre-flight 

briefing shall include instructions to refrain from visiting other than the whale site on the main 

deck, and only as necessary. (b) A "No Smoking" placard shall be installed on the doorway 

leading to the main deck and at the whale site. (c) Each supernumerary shall wear on their 

person a portable oxygen bottle with attached mask while on the main deck. This apparatus 

may be the same as that installed at each seat in accordance with item (1) above. (d) There 

shall be a dedicated airplane decompression alarm audible at the whale site on the main deck, 

operable automatically with flightcrew manual action as backup, as a signal to don oxygen 

masks. This signal, and the accompanying donning procedures shall be included in the pre-flight 

briefing. (e) There shall be a dedicated "Return to Seats" annunciation at the whale site, either 

audible or visual, operable by the flightcrew, that is sufficiently noticeable to assure the return of 
6

supernumeraries to the upper deck during turbulence or for landing. Instruction regarding this 

signal shall be included in the pre-flight briefing. (f) A means of emergency illumination in lieu of 

that required by § 25.812 shall be provided so that each supernumerary can safely engage in 

needed activities, as well as traverse the pathway, in the event that normal illumination is lost. A 

flashlight carried on each supernumerary's person would suffice.

In consideration of the foregoing, I find that a partial grant of exemption is in the public interest, and will 

not significantly affect the level of safety provided by the regulations. Therefore, pursuant to the 

authority contained in §§ 313(a) and 601(c) of the Federal Aviation Act of 1958, delegated to me by 

the Administrator (14 CFR 11.53), the petition of United Parcel Service to exempt them from 

compliance with §§ 25.791, 25.810, 25.812, 25.857(e), and 25.1447(c)(1) of the FAR only to the 

extent necessary to permit the one-time carriage of up to five more supernumeraries on the upper deck 

of a Boeing Model 747-100 cargo aircraft than the maximum of five that are currently allowed by 

Exemption No. 1870D, and to permit supernumerary access of the main deck cargo compartment, 

during cruise only, to attend to the needs of a live whale cargo only. This exemption is granted subject 

to compliance with the Requirements and Conditions identified in the FAA's analysis/summary section 

immediately above, is intended to be utilized only in conjunction with the conditions of Exemption No. 

1870D, and terminates following the one-time flight.

Issued in Renton, Washington, on 

Darrell M. Pederson

Acting Manager

Transport Airplane Directorate,

Aircraft Certification Service