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March 3 , 2014 U.S Department of Transportation Docket Management Sy stem 400 7 th Street, SW. Room PL401 Washington, DC 20591 - 0001

**1. Petition for exemption from 14 CFR Sections**  **25.785( j**  **) (Amdt 25**  **- 88)**  **, 25.812(e** **) (Am**  **dt 25 -**  **128 )**  **and 25.857**  **(e) (Amdt 25**  **- 93)**  **to allow carriage of up to**  **two (2 )**  **supernumeraries in the Crew Rest Module**  **(CRM) which will be**  **located on the**  **Class E compartment of the**  **767 -**  **300F /** **- 300BCF/** **- 300BDSF**  **Freighter s**  **while maintaining a main deck**  **Class E cargo compartment.** Dear Sirs, 1. By present letter, FedEx Express petitions for an exemption from the cargo - only provisions of 25.857(e) (Amdt 25 - 93 ) for the Model 767 - 300F Fre ighter, to allow the carriage of up to two (2) off duty c rew - members (commonly referred as supernumeraries) in the Crew Rest Module (CRM) which is installed in position 1 of the Class E compartment during cruising and not to be occupied during taxi , takeof f and landing . 2. In addition , FedEx Express petitions for an exemption from 14 CFR Sections 25.785(j) (Amdt 25 - 88) “If the seat backs do not provide a firm hand hold, there must be a hand grip or rail along each aisle to enable occupants to steady themselve s while using the aisles in moderatel y rough air.” 3. In addition, FedEx Express petitions for an exemption from 14 CFR Sections 25.812(e) (Amdt 25 - 128) “that floor proximity emergency

escape path markings must provide emergency

evacuation guidance for pass engers” 4. In addition, FedEx Express petitions for an exemption from 14 CFR Sections 25.1447(c)(2)(i) ( Amdt. 25 - 116 ) “ Can be placed on the face from its readyPage 2 of 9 position, properly secured, sealed, and supplying oxygen upon demand, with one hand, within five s econds and without disturbing eyeglasses or causing delay in proceeding with emergency duties; **A. Sections of the Federal Aviation Regulation (FAR) that are affected:**  **Related Section of the FAR:** Section 121.583(a) contains a listing of categories of the people who may

be carried aboard an airplane in part 121 services without complying with the entire passenger- carrying airplane requirements of Part 121. **1. For Cargo**  **- Only (TC Configuration):**  Exemption from 14 CFR 25.857(e) requires that when a class E carg o compartment is installed on the aircraft, the aircraft is used for the carriage of cargo onl y. **2. If Access to the Cargo is Permitted (Post TC Configuration)**  **:** In addition , Exemption from 14 CFR 25.785(j ) is necessary because firm handholds are not availa ble inside the main deck cargo compartment and the distance between the CRM and the Rigid Cargo Barrier (RCB) is less than 22 inches see figure 2. Exemption from 14 CFR 25.812(e) is necessary since the cargo compartment does not have floor proximity emerg ency

escape path markings installed. Exemption from 14 CFR 25.1447(c)(2)(i) is necessary since portable ox ygen bottles will be provided in the CRM. **B. Description of Aircraft:**  The 767 - 300F was manufactured under T yp e Certificate Data Sheet (TCDS) A1NM . The 767 - 300BDSF (BeD ek Special Freighter) was as well manufactured under T CDS A1NM as a Passenger 767 - 300ER series model but later modified to a Special Freighter by

I srael Aerospace Industries Bedek Aviation Group Supplemental Ty

pe Certificate (STC) ST020 40SE. Boeing applied for an amended T ype Certificate (TC) A1NM to derivate the 767 - 300ER passenger model into a freighter the 767 - 300BCF (Boeing Converted Freighter) All three of these models include a Class E compartment in the main deck and a flight de ck consisting of a supernumerary area, forward of the 9 - g bar rier RCB /smoke curtain . The flight deck area can provide a maximum of six ( 6 ) seats , of which four (4) are for the supernumeraries and two (2) are for the captain and the first officer . See figure 1.Page 3 of 9 The following previously granted exemptions are still applicable and are taken in consideration in this request : 1. Exemption 5993A for the 767 - 300F. 2. Exemption 9853 for the 767 - 300BDSF. 3. Exemption 9696A for the 767 - 300BCF.

Figure 1: Flight Deck Layout 767 - 300F/ - 300BCF/ - 300BDSFPage 4 of 9 The flight deck of the Model 767 Freighters ( - 300F/ - 300BCF/ - 300BDSF) is equipped with No. 2 left and right flight deck windows that can be open from inside previously

certified as flight crew emergency exits under TC A1NM. The right hand window has the capability to be opened from the outside of the airplane, and its means of opening is marked on the exterior airplan e fuselage. Supernumeraries are trained persons and are brief ed for the duty on board the aircraft . The Airplane F light M anual contain s the definition and the conditions under which the supernumerary persons may

be carried, and provide specific instruction for preflight briefing. FedEx Express believes that an equivalent level of safety with the part s of the requirements from which relief is sought will be achieved b y the design features of the CRM installation on the 767 Freighter s ( - 300F/ - 300BCF/ - 300BDSF) . **1. Crew Rest Module (**  **CRM )**  **Configuration :**  The initial ty

pe certificate configuration address the access during flight to the cargo compartment as described per the 767 - 300F flight manual for only one person . The 767 - 300BCF and 767 - 300BDSF are allowed to have four persons per respective exemptions and flight manuals supplements. See Exemption 9696A for the 767 - 300BCF and Exemption 9853 for the 767 - 300BDSF. FedEx wishes to install a CRM inside the Class E compartment in position 1D/1C for the purpose of providing a compartment for no more than two off duty crew members to rest during cruising steady flight s, no t to be occupied during taxi, takeoff, and landing. The CRM will be equipped as follows :  A smoke detector s ys tem with individual aural warning to alert the CRM occupants will be installed. The smoke detector will be connected to the Eng ine Indicating & Crew Alerting S ys tem (EICAS) of the aircraft so the crew on duty in the flight deck will be alerted as well . The CRM will be located inside the Class E compartment and part 25.857(e) requires smoke detection t o protect the CRM occupants and the aircraft. The equipment will be similar to the 777F s ys tem currently installed on FedEx Express aircraft .  Installation of an aural alert to alert the CRM occupants in the event of a rapid decompression or at the discretion of the flight crew on duty .  Installation of two 4.25 cuft Portable Ox ygen bottle with full face masks for the occupants to be able to walk back to their flight deck seats. This will su pport occupants during a decompression and /or a smoke ev ent in th e Class E compartment which will meet 25.1439(a)(b). The portable o xygen bottle s meet the performance requirements of 25.1443(a) or 25.1443(b) .  Installation of a fire extinguisher in the event of a fire will be installed in the CRM . No additional PBE (Portable Breathing Equipment) will be required sincePage 5 of 9

there will be two 4.25 cuft Portable Oxygen bottle s with full face masks installed in the CRM . The flight deck does have fire extinguishers and PBE previously cert ified under the TC or STC ; however th ey are too far to reach from the CRM. This addition will meet the requirements of part 25.851.  Installation of emergency lighting in the event of a complete loss of power. The lighting will be inside the CRM only so occupants could find a flashlights and/ or don oxygen if required inside the CRM. The CRM occupants will be required to carry their own flashlights to walk from the CRM to their seats in the flight deck . There is no emergency

lighting in the Cl ass E compartment. However similar to the 777F and MD11F there are two dome lights inside the ir respective CRM, one of the lights will be strategically

placed inside the CRM so that when the 767 CRM door is open there is enough lighting at the floor level (8 to 10 foot candle power per SAE ARP 1283A) of the Class E compartment just between the CRM and the RCB door. The area between the CRM and RCB door would be slightly less than 22 - inches long and approximately 30 - inches wide. Once the RCB door is open , additional lighting will be available since there is a dome light just next to the crew entry door way. See figure 2 .  Installation of two way communication (interphone ) sy stem . The s ys tem will have a chime (aural alert) to alert the occupant s and a res ettable call light. The system will have Push to Talk handset similar to the one installed on the 777F which is resettable once the s ys tem is in use. Inaddition, a Public Address (PA) will be available as a back up to the interphone sy stem.  The CRM wil l also have means to control the airflow and temperature. The CRM general design requirements will meet Class 1 Rest Facility per AC 120 - 31A and SAE ARP 4101/3 Crew Rest Facilities not including the requirement to obtain Operational Specification approval A117 which is based on 14 CFR 117 that is not applicable to FedEx Cargo Operations .

See figure 2 : CRM location and Emergency lighting Existing Emergency

L ighting Proposed Emergency

LightingPage 6 of 9 FedEx Express propose s several means and limitations to address the safety of the occupants in the E - class compartment during flight: 1. Flight crew members will be trained as a part of the standard 767 crew training on the proper use and emergency procedures associated with the CRM. 2. Supernumeraries are prohibited from accessing the cargo areas during taxi, take - off and landing. A pre - flight briefing must inform the supernumeraries of this requirement. 3. Prior to each flight, a flight crew member will brief each supernumerary on the use of exits, including instructions to inspect the ground to determine whether a safe landing can be achieved before using an assists means, and emergency

equipment. 4. Prior to each flight, a flight crew member will brief each supernumerary on the opening and closing proced ure of the RCB door. 5. A maximum of tw o (2) occupants will be allowed to enter the CRM during cruising flight. 6. Supernumerary

Portable Oxygen a. There must be at least two portable ox ygen unit s with a full face mask connected to it prov ided for each supernumerary allowed to enter the main deck E - Class cargo department during flight. The unit s must provide an indication to the user that oxygen is flowing. b. The portable ox ygen unit s must meet the performance requirements of 25.1443(a) or 25.1443(b), or the equipment must be shown to protect the supernumerary

from hy poxia at an activity

level required to return to his or her seat following a rapid decompression to 25,000 feet cabin altitude. c. The po rtable units must be located inside the CRM. Readily available to the CRM occupants within arm reach from the bunk beds. d. The supernumeraries must be trained in the use of the ox ygen units. The supernumeraries must also be trained in maki ng the determination whether ox ygen is being de livered. e. The ox ygen units must be sized adequatel y for continuous and uninterrupted use during worst - case flight duration following smoke /decompression event , or must be of sufficient duration to allow the s upernumeraries to return to their seats where additional oxygen is readil y accessible for the remainder of the smoke/ decompression event .Page 7 of 9 7. A placard located in the supernumerary area, in a conspicuous location either on or adjacent to the RCB smoke barrier, should indicate the following for access to the E - class cargo compartment. The pre - flight briefing should inform supernumeraries of these requirements:

 Access to the CRM is limited to two off duty flight crew. 8. The CRM will have a fire extinguisher that meets the requirement of 25.851 . 9. In the event of a rapid decompression an aural alert will be activated to alert the CRM occupants. 10. No protective breathing equipment (PBE) will be provided since the CRM will have two portable oxygen bottle s with full face mask. 11. There will be an aircraft public address s ys tem capable of providing announcements from the cockpit to the couri er area in addition to an interphone s ys tem. 12. Installation of emergency lighting in the event of a complete loss of power. **C. Requested Regulatory Relief:**  The main objective s of this request for exemption are to permit the carriage of two off duty crewmembers on an all - freighter airplane and permit entry of qualified supernumeraries into the CRM inside the cargo compartment during flight for the purpose of resting . This is the reason for requesting exemption from 25.857(e). Specific sections from which exemption is sought are as follows: Section 25.785(j ): Relief is necessary because firm handholds are not available inside the main deck cargo compartment, when access is permitted in the cargo compartment. Section 25.812(e): Relief is necessary for flo or lighting in the cargo compartment area for the door in the Crew Rest Module and the RCB access door are in such close prox imi ty th at floor lighting is not needed because the existing aircraft emergency

lighting and the proposed CRM lighting will sufficient. In addition flight crews inside the CRM are required to carry flashlights. Section 25.857(e): Relief is sought to permit carriage of up to two ( 2) persons in the CRM on an all freighter airplane which have a CRM in position 1 of the Class E cargo compartment beyond the flight crew of two (2). The CRM will be occupied onl y in flight not to be occupied during taxi, takeoff and landing.Page 8 of 9 Section 25.1447(c)(2)(i) : Relief is so ught to permit the use of portable ox yg en bottles with full face mask instead of automatic dispensing units.

**D. Supporting Argument**  **s :**  Cargo operators need augmented flight crew onboard the aircraft for flights longer than 8 hours. Although the aircraft have three supernumeraries seats as shown in figure 1 they

are not ideal for crew rest. The installation of the CRM in the Class E compartment provides a class 1 crew rest facil ity which will allow FedEx to support the flight crew rest requirements. The proposed CRM as described in paragraph B of this letter will provide adequate level of safety and comply with all the FAR except for the sections that FedEx seek for exemption. Section 25.785(j): The CRM is inside the class E compartment and the proximity of the CRM to the RCB wall/door is slightly less than 22 inches see figure below . This distance is less than the average arm reach of the 5 th percentile 40 - year old Japanese f emale which is 25.7 inches per NASA - STD - 3000 Human Factors. FedEx believes that a firm handhold is not required to transition from the CRM to the RCB door. To transition from the CRM to the flight deck the supernumeraries inside the CRM must open the RCB access door which requires the occupants to hold and turn the door latching mechanism thus providing a firm hold ( see photo and figure below).

Section 25.812(e): The Crew Rest Module and the RCB access door are in such close proximity that floor lighting is not needed . Once the CRM door is open the proposed CRM emergency lighting will be s ufficient to illuminate the area as described inPage 9 of 9 paragraph B . Once the RCB door is open additional illumination will be available f rom the existing aircraft emergency lighting. In addition flight crews inside the CRM will be required to carry flashlights. The categories of the occupants for which this exemption is sought are qualified off - duty flight crew for the type of aircraft in this case the 767 which meet all the requirements of 121.583 as well. Furthermore, they are instructed in the autonomous use of emergency equipment and emergency exit operation. FedEx Express will optimize their missions if they are permitted to have the CRM installed in the Class E and allow personnel aboard the CRM during cargo flights, thus en suring availability of rested flight crew in flight. **E. Public Interest**  FedEx Express presents the argument that the granting of this exemption will be in the public interest by allowing FedEx Express provide a Class 1 rest facility per AC 121 - 31 for extended flights thus reducing the flight crew fatigue and improving flight safety. The granting of this exemption will allow FedEx Express to compete with intern ational freighter operators with similar configuration s . If allowed to carry supernumerary persons aboard their cargo flights, FedEx Express will be able to operate under optimal safety conditions . The reasons for these benefits are developed in the argum ents above. **F .**  **Request for Waiver of Publication:** Not required for this petition. Best Regards,

Julio A. Berrios FedEx Express Senior Aircraft Development Advisor Aircraft Development & Acquisition Engineering 3131 Democrat Road Memphis, TN 38118 Ph: 901 - 224 - 4949 Email: jaberrios1 @fedex.com Attachments