Exemption No. 10105
UNITED STATES OF AMERICA DEPARTMENT OF TRAl'fSPORTA nON FEDERAL AVIATION AD~1TNISTRATION RENTON, WASHINGTON 98057-3356

Inthe matter ofthe petition of Regulato y Docket No. FAA-2010-0649 Supertanker Services, Inc. for anexemption from § 25.1415(b) of Title 14,Code ofFederal Regulations

GRANT OF EXEMPTION By letter dated June 11,2010, Mr. Neil Stevens, DirecJor ofMaintenance, Supertanker Services, Inc., 3850 Three Mile Lane, McMinnville, Oregon, 97128, petitioned for atemporary exemptidn fyomthe requirements ofTitle 14, Code ofFederal Re~ulations (14 CFR) 25.1415(b), as itrelates to the limitations inTeclmical Standard Order (TSO) G70a, \','l1ichlimits Type 

## n liferafts to nOi~- transport category airplanes. Supertanker Services, Incl, has one airplane with these liferafts installed. The petitioner requests relief from the following regulations: Section 25.1415(b) requires that each liferaft fL atransport-category airplane be approved. Section 25.1301 (a)(3) requlres that each item ofinstalled equipment be installed according to limitations specified forthat equiJment. The petitioner snpports its request with the fOlloWit information: This text is quoted from the petitioner's request. Supertanker Systems, Inc. (SSI), petitions for atemporary exemption from the ProVisiorS of Section 25.1415(b) forthe airplane listed infable 1below. Section 25.1415(b) requires that each liferaft for atransport categ9ry airplane be approved. 5SI requests relief from these provisions ofpan 25 as itrelates to the scope definition inTec1m~calStandard Order (TSO) C70A that states Type Life rafts are for use inNon~Transport

Category Airplanes. Section ofthe FAR affected: Section 25.1415(b) requires that each life raft f0f atransport category airplane be

S81has been compelled topetItIOnfor an exemptIOn to Section 25.14l5(b) forthe S5I B747~100 Supertanker as listed inTable 1.for

# abrief period ofapproxlTuately 100days.' Within this request, SSI will show that bygran~ingthis petition, an equivalent level of I safety is maintained. Failure to grant the exernWion represents aneconomic hardship tOi 55l that was not avoidable through actions on SST'spart. approved. Table 1

- Affected Aircraft Tail Number VRBLNumber Line Number Selial Number N479EV RA633 941 19898 Supportive information is as foUows:



### ..

Background: Recently, 551 was contacted byits Certificate Management Office (CMO) and was provided acopy ofthe FAA Notice N8900.1161for review and action. 55I has reviewed the FAA Notice N8900.116. 5SI understands the issue the letter israising, but differs in, the assessment ofthe approval status ofits currbnt life rafts (Eastern Aero Marine (EAM) Model 19, 

### PIN R0103A121), hereinafterreferrbd to as aT9life raft. SSl agrees that FAR 25.1415 isvalid and reguiL the use ofapproved life rafts on its 747 Supertanker. However, SSI's position isthat ndither ofthese regulations require a specific TSO life raft, but simply state that the life raftsl~ust be approved. There are many examples inthe FARs where specific 150s arelr~~lledout for various items ofrequired equipment. Life rafts are not one ofthese cases, Life rafts used on transport-category aircraft could be covered by TSO el2, C69, or C70, orby any other specification approved bythe FAA. SSI also agrees that TSO C70a, Appendix 1,Sqope, states: "TYPE I

-For use in any category aircraft. TYPE IT

- For use innon-transport category aircraft." However, SSI's secondary position isthat this ltaternent in ISO C70a isnot the only factor to be considered. Specific intended use Just also be considered. There are numerous cases on a747 freighter where speci 11 consideration isgiven tothe factthat 2only cre\Nmembers and "supernumeraries" are earried. While FAR Part 25 does not specifically mention "supernumeraries", there 

# ik long history of the FAA considering these unique personnel during rulemaking and 6ertification approvals. The history of specific FAA approval of the use of the T9 life raft is evidence of tliis consideration. The SSI Supertanker aircraft listed in Table 1 above was previously operated by SSI's sister company, Evergreen International Airlinds (EIA) in freighter service. ElA has usetl the T9 life raft for almost 20 years with full F

## AlA. knowledge and approval. In the I Airworthiness Directive (AD) 92-14-02, the FAA acknowledged the common usage of the T9 life raft. The FAA did not deem the use

# pf this life raft a safety concern, but simply required a lanyard no different than for TSO C70a Type I life rafts. This AD required compliance with EAM SB T9-25-1 onllife rafts used on the 747 upper deck, with which ErA has complied. Had the use of the T

# 1life raft been deemed a safety or I compliance concern during this FAA rulemaking process, the AD would have prohibiteo T9 use on 747 freighters. I The STC SA2121 CE-D was used to convert Eu\'s retired tTansport category aircraft N477EV and N478EV from passenger to fTcigHter by Boeing. This STC installed life rafts per the Boeing drawing 65B58005, -509 cpnfiguration on these aircraft. Please notf that the life raft is listed as "EAMT9~ 121". This is the model number for our Liferaft PiN ROt 03A121. The "EAM" refers to Eastern 

### Aerb Marine; the "T9" is the basic life raft 

# , model; and the "121" identifies the FAR part 121 kit included in the life raft. SIC SA2125CE-D and Boeing drawing 016U5920, 

# [II configuration are essentially tlie same, but are effective to auuaft N485EV. In both cases, these SICs were reviewed and approved by the FAA for use of the T9 Ii

# fir r~fts on 747 freighters. These life rafts are .incl~ded in the certification data of these

_ aircraft and are therefore approved as requued fuy FAR 25.1415 as part of the type deSign. STC STOOI85SE is an ErA STC allowing tlie clrriage of grooms on the main deck of al properly equipped 747 freighter aircrafL As parl of this STC, apalletized groom station'l was constructed and approved as part of the required equipment. This palletized groom station is defined by the ErA drawing 25-4-0026-92 Rev I. This drawing calls out the use of life raft PIN ROI03-105 or ROI03A 105. Thebe are the same as life raft PIN ROt 03A121, except they do not have lanyard ~odification described in AD 92-14-02. This is because these life rafts are intended to b;eused from the main deck (door 5L or SR) and therefore the lanyard length is not the safety concern it would be ifused on the upper deck. This groom station STC package was given ex~emely close scrutiny by the FAA Seattle ACO at the time of submittal because it was the first 747 STC to specifically allow the carriage of grooms in the main deck cargo compartment. Life raft information was submitted with the data package and the appro~al was granted. Therefore, as was the ca$e in the other STCs discussed, the T9 life raft was included in the certification data of this

3STC. This meets the FAR 25.1415 requirement: for the life raft to be approved aspart of

the type design. The above discussion provides four completely separate occasions where FAA ACOs have specifically approved the use ofthe T9life rafts for use on 747 freighters. These approvals constitute part ofthe type design forthese aircraft. Ifthe FAA deems the use of these life rafts tobe asafety concern, SSI would expect the FAA to issue new rulemakiAg and invite public connnent, as is the long-standing normal process used by the FAA in I safety-related matters. Further, the four cases discussed above clearly demonstrate that the historical, or defact6, , policy ofthe FAA regarding the T9life raft is that itis approved for use on 747 freighters. Three separate STC projects, involving two ACOs, and anAD rulemaking process reviewed and specifically approved theluse ofT91ife rafts on 747 freighters. Tne Transport Directorate in Seattle defines transpor aircraft certification policy and their I demonstrated policy, for atleast the last 20 years, has been to approve the T9 life raft for use on 747 freighters. This demo~strated ~AA roli.cy a~approval o~the T9life raft .is I cantrary tothe new supposed natJOnalpohcy descnbed IIIFAA Notlce N8900.116, Issued by the Flight Standards Service. I A review ofthe FAA website far the Flight Standards Service shows their mission to be: "The Flight Standards Service promotes sofe

# Ltransportation byselling the standaJs for certification and oversight ofairmen, air oAerators, airagencies, and designees. 

## We alsopromote safety of

flight ofcivil aircraft anUair commerce by: I

• Accomplishing certification, inspection, sunJeillance, investigation, and enforcement

• Setting regulations and standards

• Managing the systemJar registration

# 01civil aircraft and all airmen records" Incontrast, areview ofthe FAA websIte forAir'craft CertIficatIOn Service shows their mission tobe: 'The Aircra}t Certification Service ofthe }<~Ais the office re.'Jponsible for:

• Adminislering safely slandards gOVerniJ,gthe design, production, and airworthiness ofcivil aeronautical products;

• Overseeing design, production, and ailorthiness certifieOlionprograms to ensure compliance withprescribed sqfe~ystandards;

4

# •

• Providing asafetyperformance management system to ensure continued operational safety ofaircraft; and, Working with aviation authorities, manufacturers, and other stakeholders to

# helf them successfully improve the safeZy

## a/the international air transportation system. " The FAA Notice N8900.116 appears to skirt the nonnal rulemaking process used by the FAA and does not appear tobe incompliance 

### Jrith the mission statement for the Flight I Standards Service. SS! strongly objects tobeing compelled to remove the T9life rafts from OUT 747 Supertanker atthe present time for the following reasons: 1. There has been no unsafe condition 

### ideAtified for T9life raft usage on the 747 freighterlS upertanker; 2. There has been no out-of-compliance condition identified forT9 liferaft usage on the 747 freighter/Supertanker; I 3. There has been no certification rulemakmg prohibiting T9 life raft usage on the 747 freighter/Supertanker per Part 39; 4. There has been no opportunity forpublic comment that the aforementioned rulemaking process would nonnally prtide; 5. Replacement ofthe T9 liferafts inour 147 freighter fleet would be asignificant I economic burden to SSI, yetthe FAA has not perfonned an economic cost-benefit evaluation thatwould bepartofthenotal rulemaking process; SSI iscommitted to aircraft safety. SSI has never had any reported in-service, or shop, , issues reported that would suggest this life raft is unsafe or incapable ofperfonning its intended function. Not withstanding all ofthe above discussion, SSI has been compelled by FAA Flight Standards, through its CMO, topetition for excbption from Section 25.l415(b). Safety: SSI believes that the level of safety will not be compromised ifSSI is allowed to operate the listed aircraft with TSO C70A Type II life r~fts inlieu ofthe Type Ilife rafts forthel period requested.

555! believes that EAM PIN ROl03A12l life rafts, with incorporation ofthe modification

described in Ainvorthiness Directive 92-14-02,lwhen installed in the 747 Supertanker, I will perform their intended function. S5I therefpre does not believe that the installation of the EAM PIN ROI03A121 liferafts on Model 147 series airplanes, operated as Supertankers, certificated in any category constitutes a safety Issue. This is supported bythe fact that the FAA has 1t published afinding of anunsafe condition associated with the use ofthe T9 liferaft. Projected usage during the requested exemption period of 100days represents very limited exposure on afleet with an exceptional !safetyrecord. Usage shall be limited to the aircraft listed inTable 1. Economic Hardship: A cessation of extended ovcrwater operation due to aType IIlife raft restriction onthe listed aircraft would have an immediate impaction both SSI and its customers. Flights may have tobe cancelled, fe-routed (~tgreat expense and inconvenience to our customers) or operated with more expensive equipment (ifavailable). SSJrespectfully requests that an exemption be granted until Octbber 1,2010 by which time the new life rafts will be installed. SSI further requests that tbis exemption be approved on an expedited basis to minimize impact on currentl~ planned flights. Public Comment: SSI requests that the FAA not post aSummary Notice ofPetition Received on the Federal Register for public comment inthe normal fashion asthe request is virtually identical td Exemptions 9856, 9874. and 9976 granted for dther airlines; and due to the factthat the! , , normal corrunent period would have adverse effects on SSI should itbe fOfcedto cancel currently planned flights. I Use Outside ofthe United States: 

## ssr requests the petition for exemption be approved foruse outside ofthe United States! (US) as aportion ofits flight activity may take place beyond US borders. Federal Register publication The FAA has determined that good cause exists forwaiving the requirement for Federal Regist r publication because this exemption, ifgranted, would

# Jot set aprecedent, and recent, similar petitions have received no public COlllil1ents.

6The FAA's analysis

The FAAnotes that the petitioner has several reasons for requesting this temporary exemption'l Underlying each ofthe argllments, however, isthe relatively low risk associated with atemporary grant of exemption. While the FAA agrees that the oco~pants ofafreighter airplane are more I likely to be familiar with the airplane and its equipme~~, this is not relevant to the capability of'l the Iiferaft itself. The liferafts presently installed are TSO C70a approved, Type IIliferafts. , However, the TSO has alimitation such that the Type IIliferafts are foruse on non-transportcategory airplanes only. The TSO states that Type Iliftrafts are for transport-category airplanes. Section 25.1301 (a)(3) requires that each item ofinstanbd equipment be installed according to limitations specified forthat equipment. Type 1Jiferafts are designed tobe more robust and sear0rthythan Type IIliferafts, and are better suited to the extended overwater operation typical oftr:ansport-category airplanes. Under such 

# I conditions, the raft may need tobe occupied for 10nge~periods oftime than would be necessary forairplanes equipped with Type 11rafts. For these reasons, the FAA requires Iiferafts meeting! the standards ofthe Type Iraft (principally, multiple-idflation chambers and redundant inflatiori· systems) on this type ofairplane. Nonetheless, given U1e relatively short time period ofthe

. , requested exemption and small number ofairplanes affected, the FAA considers that an exemption would would not materially affect the leve11of safety provided by the regulations_ ! Since both Type 

## r and Type IIrafts are readily available for the airplane industry to purchase, the FAA typically allows only avery short time to exchan~e the rafts. Inthis case, Supertanker Services, Inc., has made arrangements topurchase repl~cement Type lliferafts and is\vaiting f?r the liferafts to be manufactured and delivered. The FAA considers that additional time is I warranted to allow forprocurement and installation of~he new liferafts on the subject airplanes, a timeframc which will not measurably degrade safety. q-ranting the exemption will enable the 

# I petitioner to fulfill its contractual obligations and avoid unnecessary disruptions ofair commerce, which would be in the public interest. Inconsideration ofthe foregoing, Ifind that a grant ofexemption is in the public interest and will not affect the level of safety provided bythe regulation1s.Therefore, pursuant to the authority contained in49 U.S.c. 40113 and 44701, delegated to ~e bythe Administrator, Supertanker Services, Inc., ishereby granted an exemption from 141 ~FR 25.1415(b). The petition is granted to the extent required topermit operation ofthe Boeing Model 747 airplane, listed in Table 1, with TSO C70a Type II liferafts. This exemption expirbs on October 1,2010. ~~enton, Washington, on

## JUL272010

Ali Bahrami Manager, Transp0l1 Airplane Directorate Aircraft Certification Service

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