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David McDonald 

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November 10,2010 

U.S. Department of Transportation 

Docket Management System 

400 7"^ Street SW _ ^^ 

CD C/3 

Room PL 401 ._j 

Washington, DC 20591-0001 

Attention Transport Airplane Directorate 

RE: Request For Exemption From FARs For Freighter Aircraft 

To Whom It May Concern, 

Aeronautical Engineers, Inc. (AEI), 7765 NW 54* Street, Miami, FL, 33166, petitions the 

Federal Aviation Administration (FAA) for an exemption from §§ 25.785(d), 25.812(e), 

25.855(a), 25.857(e), 25.1447(c)(1), and 25.1449 of Title 14 Code of Federal Regulations 

(14 CFR) for McDonnell Douglas Model MD-80 series (-81,-82,-83, & -88) and MD-90 series 

passenger airplanes converted to freighter airplanes (MD-80SF and MD-90SF, respectively). The 

proposed exemption, if granted, would allow carriage of six non-crewmembers (commonly 

referred to as supernumeraries) in an area just aft and outside of the flight deck on these freighter 

airplanes. The maximum occupancy for these freighter airplanes is nine persons (2 crew members 

and 1 observer in the cockpit and 6 non-crew members located aft of the flight deck and forward of 

the cargo compartment). 

The petitioner requests relief from the following regulations: 

Section 25.785(d), at Amendment 25-88, requires, in pertinent part, handholds to enable 

passengers to steady themselves when moving about the cabin, in the event the airplane encounters 

moderately rough air. 

Section 25.855(a), at Amendment 25-116, requires, in pertinent part, that cargo compartments 

must meet one of the class requirements of §25.857. 

Section 25.857(e), at Amendment 25-93 requires, in pertinent part, that when a Class E 

cargo compartment is installed on the airplane, the airplane be used for carriage of cargo only. 

Section 25.1447(e)(1), at Amendment 25-116, requires, in pertinent part, that oxygen 

dispensing units must be automatically presented to the occupants before 

7765 Northwest 54**' Street Phone 305.594.5802 www.aeronautical-engineers.com 

Miami, Florida 33166 U.S.A. Fax 305.594.5804 dmm@aeronautical-engineers.com 
0. 

David McDonald 

Aeronautical Engineers, Inc. vp Operations 

the cabin altitude exceeds 15,000 feet. The total number of dispensing units and outlets must 

exceed the number of seats by at least 10 percent. The extra units must be uniformly distributed 

throughout the cabin as practicable, and there must be two oxygen masks in each lavatory. 

Section 25.1449 requires the crew be able to determine there is oxygen being delivered to 

the dispensing unit. 

Related sections of 14 CFR: 

Section 121.583(a) contains, in pertinent part, a listing of categories of persons who may 

be carried aboard an airplane in part 121 service without complying with all of the requirements of 

part 121 pertaining to carriage of passengers. 

Section 121.547 contains, in pertinent part, a listing of categories of persons who may be 

admitted to the flight deck during operation. 

The petitioner supports its request with the following information: 

§ 25.785(j), Amendment 25-88, requires there to be a firm handgrip or rail for persons 

using the aisles during moderately rough flight. The exemption from § 25.785(j) is necessary as 

hand holds are not available in this area. In addition, the supernumerary seats will be adjacent to 

the emergency exit doors (LI and Rl), see attached preliminary design layout), so handholds are 

not necessary. 

§ 25.812(e), Amendment 25-116, requires floor proximity emergency escape path lighting. 

The exemption from § 25.812(e) will allow trained supernumeraries to occupy the Supernumerary 

Area during taxi, takeoff, flight, and landing. This area is in the immediate proximity of the 

forward emergency exits. Since the supernumeraries will be trained on emergency procedures, 

including emergency egress, and immediately adjacent to the exits, the lack of additional lighting 

will not adversely affect safety. 

§ 25.855(a), Amendment 25-116, requires that cargo compartments must meet one of the 

class requirements of § 25.857. AEI's conversion results in the main deck being classified as a 

Class E cargo compartment. Exemption from 14 CFR 25.855(a) is requested as this CFR requires 

any cargo compartment to comply with a designated classification of § 25.857 which would 

exclude the carriage of supernumeraries in the area forward of the 9G bulkhead. The 9G bulkhead 

also fimctions as a smoke barrier between the main cargo compartment and the Supernumerary 

Area and cockpit. 

§ 25.857(e), Amendment 25-93, defines the attributes of a Class E cargo compartment, and 

mandates that a Class E cargo compartment may not be on any airplane other than one utilized 

exclusively for the carriage of cargo. The exemption from § 25.857(e) will allow for up to 5 

7765 Northwest 54'*' Street Phone 305.594.5802 www.aeronautical-engineers.com 

AAiami, Florida 33166 U.S.A. Fax 305.594.5804 dmm@aeronautical-engineers.com 
& , 

David McDonald 

Aeronautical Engineers, Inc. vp Operations 

supernumeraries on the aircraft who are otherwise prohibited from being present on an aircraft 

with a Class E cargo compartment. 

§ 25.1447(c)(1), Amendment 25-116, requires, in pertinent part, that oxygen masks must be 

immediately available to each seated occupant, be automatically deployed with manual backup, 

and exceed in number the quantity of seats by ten percent, with the extra units distributed evenly 

throughout the cabin. The exemption from § 25.1447(c)(1) will mandate an equivalent level of 

safety for supernumeraries in the Supernumerary Area by requiring portable oxygen bottles that 

will be mounted within reach of the supernumeraries while in their seats. These bottles will meet 

the requirements of § 25.1447(c)(1), excluding the requirement that the number of oxygen units 

must exceed the number of seats by at least ten percent. Since the supernumeraries will be trained 

in emergency procedures and will be within reach of a portable oxygen bottle at all times, an 

equivalent level of safety is maintained without having an additional 10% supply cushion. All 

features of the Class E cargo compartment required by § 25.855 and § 25.857 will be retained and 

all safety requirements of part 25 as defined by the certification basis of the airplane in Type 

Certificate Data Sheet (TCDS) A6WE will be complied with. §25.1447(c)(1) also requires two self 

presenting oxygen masks in each lavatory. The AEI MD-80SF/MD-90SF will not have a 

permanently enclosed lavatory, so this requirement is inapplicable. 

§ 25.1449 requires the pilots be able to determine there is oxygen being delivered to the 

dispensing unit. To the extent that § 25.1449 requires the crew to be able to determine if oxygen is 

being provided to the portable bottles being utilized by the supernumeraries, AEI also seeks 

exemption from compliance with this CFR as it is technically and commercially infeasible to 

comply with the requirements of § 25.1449. Supernumeraries will be trained to confirm oxygen 

flow using the equipment provided. 

Supporting information: 

AEI holds numerous Supplemental Type Certificates for modification of transport aircraft. 

AEI holds STC ST01827LA which allows conversion of Boeing 737-300/400 aircraft to a freighter 

with a Class E main deck cargo compartment. A similar Exemption has been approved for the 

B737 converted freighter; see Exemption 9722. AEI is developing a similar freighter conversion 

STC for the MD-80 and MD-90 series aircraft. Some operators of AEI freighters need to be able 

to carry supernumeraries to assist with special cargo such a valuable cargo requiring security 

and/or perishable, fragile, or live cargo requiring special attention to ensure its safe delivery. The 

interest of the petitioner is in providing a level of safety for the crew, supernumeraries, cargo and 

aircraft that will allow operators of AEI converted MD-80/90 freighters to meet the needs of their 

clientele. 

The FAA approved Aircraft Flight Manual (AFM) will contain a supplement with the 

operating limitation restricting the carriage of occupants accommodated to those defined by § 

121.583 who have been trained for such duties. In addition, an FAA approved training plan will 

be initiated to instruct the supernumeraries in the prohibition against smoking, and procedures in 

7765 Northwest 54'*' Street Phone 305.594.5802 www.aeronautical-engineers.com 

Miami, Florida 33166 L).S.A. Fax 305.594.5804 dmm@aeronautical-engineers.com 
0, 

David McDonald 

Aeronautical Engineers, Inc. vp Operations 

equipment use relating to fire suppression, ditching, and emergency evacuation. In addition, the 

Supernumerary Area will meet the following safety requirements: An automatically activated 

visual and aural decompression signal immediately recognizable throughout the cabin area will be 

provided to automatically notify supernumeraries when to don oxygen. Flight crew activated, 

lighted, "Fasten Seat Belt" signs will be provided that are visible to the supernumeraries while in 

the supernumerary area to warn the supernumeraries to return to their seats and fasten seatbelts. A 

standard aircraft intercom/public address (PA) system will be retained and the PA system will be 

audible within the Supernumerary Area. Two-way communication from the supernumerary 

seating area to the flight deck will be provided by means of a flight phone installed wdthin reach of 

at least one of the supernumerary seats. Finally, the following placards will be provided: 1. No 

Smoking Signs; 2. External Door Operating Instructions; 3. Emergency Slide or Rope Operating 

Instructions; 4. External Door Exit Marking, 5. Warning requiring the smoke barrier door to 

remain closed during flight; and, 6. Warning prohibiting persons in the Class E compartment 

during flight. 

Request for Waiver of Public Comment 

AEI requests waiver of the normal public comment process since this request is 

substantially similar to those already granted to other freighter STC holders and because the 

granting of this petition will not create new precedent. 

Public Interest 

The carriage of an appropriate number of attendants aboard an aircraft to monitor and to 

attend to the special requirements of valuable, fragile, perishable, or live animal cargo, serves the 

public interest in raising the level of safety of the cargo, the airplane, the flight crew, and 

consequently, the public in general. In addition, these exemptions will enhance the utility of the 

aircraft thereby helping to reduce shipping costs, which will in turn be in the public interest. 

This exemption, therefore, serves the public interest for safety reasons and also for 

increased airfreight utility, both domestically and internationally and consistent commercial 

operations among all AEI freighter operators. 

AEI respectfully requests that this petition be granted. 

Sincerely, 

^-"David M. McDonald 

VP Operations 

7765 Northwest 54 * Street Phone 305.594.5802 www.aeronautical-engineers.com 

Miami, Florida 33166 U.S.A. Fax 305.594.5804 dmm@aeronautical-engineers.com