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 ins till 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.

S ection 121.311, Seats, safety belts, and shoulder harnesses.

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

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

harnesses.

Sections 121.329 and 121.333, Supplemental oxygen requirements.

The existing requirement is pres ently satisfied by a system wit h 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 ea ch equipped with an approved s urvivor locator li ght will be added to the aircraft emerg ency equipment.

On flights carrying ten people, two life rafts each capable of a rated capacity and buoyancy to accommodate ten occupa nts 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 follo wing reasons: (1) a grant of ex emption would not set a precedent; (2) the requested reli ef is for Military fli ghts (AMC) only, an d; (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 ServiceSOLICITATION NO: HTC711-10-R-C001

CONTRACT NO:

Attachment 1

Appendix 1

1 June 2010

1-5 Exercise – A military maneuver or simulated wartime operation i nvolving 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 carri er 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 Mo vement Requirements Center (GPMRC)/Theat er 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 AC L. 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 (MOBRE P)/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. Cont ractors are authorized to use FLIPs an d charts during peacetime commercial and military contract operations; however, the kits must be ma intained in a ready status to support any stage of CRAF activation. A navigation kit generally consists of IFR/Visual Flight Rules (VFR) Enroute Supplements, TerminalSOLICITATION 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 bo ard a current copy of the International Ci vil 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 departur e of the mission of the number of seats required. When requested, the contractor shall provide two seats at no extra cost for Governme nt 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 even t the contractor requires an augmented crew for immediate mission support, prior approval by the ACO is required. When requested and subj ect 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 provide d on ferry legs of cargo flights, on a space available basis, for use by CAs an d 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 servi ces not currently available directly from US certificated carriers. Aircraft used for this requ irement must be able to fly in foreign restricted areas. The contractor may perform these se rvices 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 si gnals 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 Federa l 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 airp lanes 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 sea ted 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

- t ime 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 expeditiou

s 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 expe ditious 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 c radle, 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 pet ition 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 de finition 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 th

e 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 p ose 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, Mis cellaneous 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 di scussion 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) Passe nger 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 a

ircraft 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 satisfi ed 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, C abin 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 co nducted 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" sign s 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 brie fings 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 p etitioner'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 a ssistance 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 Clas s 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 dedica

ted 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 installe d 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 accord ance 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 accomp anying 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 re turn 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 th at 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 t hat 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, dele gated 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 Ser

vice

### 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 Federa l 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 airp lanes 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 sea ted 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

- t ime 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 expeditiou

s 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 expe ditious 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 c radle, 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 pet ition 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 de finition 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 th

e 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:

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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 p ose 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, Mis cellaneous 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 di scussion 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) Passe nger 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 a

ircraft 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.

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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 satisfi ed 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, C abin 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 co nducted 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:

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(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" sign s 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 brie fings 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 p etitioner'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 a ssistance 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 Clas s 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 dedica

ted 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 installe d 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 accord ance 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 accomp anying 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 re turn of

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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 th at 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 t hat 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, dele gated 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 Ser

vice