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March 3, 2014

U.S Department of Transportation

Docket Management System

400 7th Street, SW.

Room PL 401

Washington, DC 20591-0001

1. Petition for exemption from 14 CFR Sections 25.785(j) (Amdt 25-88), 

25.812(e) (Amdt 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

Freighters 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 Freighter, to allow 

the carriage of up to two (2) off duty crew-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, 

takeoff 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 

themselves while using the aisles in moderately 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 passengers”

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 ready 
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position, properly secured, sealed, and supplying oxygen upon demand, with one 

hand, within five seconds 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 cargo 

compartment is installed on the aircraft, the aircraft is used for the carriage of 

cargo only.

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 available 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 emergency escape path markings installed.

Exemption from 14 CFR 25.1447(c)(2)(i) is necessary since portable oxygen 

bottles will be provided in the CRM.

B. Description of Aircraft:

The 767-300F was manufactured under Type Certificate Data Sheet (TCDS)

A1NM. The 767-300BDSF (BeDek Special Freighter) was as well manufactured 

under TCDS A1NM as a Passenger 767-300ER series model but later modified to 

a Special Freighter by Israel Aerospace Industries Bedek Aviation Group

Supplemental Type Certificate (STC) ST02040SE. Boeing applied for an 

amended Type 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 deck 

consisting of a supernumerary area, forward of the 9-g barrier 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.
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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/-300BDSF
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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 airplane fuselage.

Supernumeraries are trained persons and are briefed for the duty on board the 

aircraft. The Airplane Flight Manual contains 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 parts of the requirements from which relief is sought will be 

achieved by the design features of the CRM installation on the 767 Freighters 

(-300F/-300BCF/-300BDSF).

1. Crew Rest Module (CRM) Configuration:

The initial type 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 flights, not to be occupied during taxi, 

takeoff, and landing. 

The CRM will be equipped as follows:

 A smoke detector system with individual aural warning to alert the CRM occupants

will be installed. The smoke detector will be connected to the Engine Indicating & 

Crew Alerting System (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 to protect the CRM occupants and the 

aircraft. The equipment will be similar to the 777F system 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 Oxygen bottle with full face masks for the 

occupants to be able to walk back to their flight deck seats. This will support

occupants during a decompression and/or a smoke event in the Class E compartment

which will meet 25.1439(a)(b). The portable oxygen bottles 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 since 
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there will be two 4.25 cuft Portable Oxygen bottles with full face masks installed in 

the CRM. The flight deck does have fire extinguishers and PBE previously certified 

under the TC or STC; however they 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 Class E compartment. However similar to the 777F and 

MD11F there are two dome lights inside their 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) system. The system will have a 

chime (aural alert) to alert the occupants and a resettable call light. The system will 

have Push to Talk handset similar to the one installed on the 777F which is resettable 

once the system is in use. In addition, a Public Address (PA) will be available as a 

back up to the interphone system. 

 The CRM will 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 Lighting

Proposed Emergency Lighting
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FedEx Express proposes 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 procedure of the RCB door. 

5. A maximum of two (2) occupants will be allowed to enter the CRM during 

cruising flight.

6. Supernumerary Portable Oxygen

a. There must be at least two portable oxygen units with a full face mask 

connected to it provided for each supernumerary allowed to enter the 

main deck E-Class cargo department during flight. The units must 

provide an indication to the user that oxygen is flowing.

b. The portable oxygen units must meet the performance requirements of 

25.1443(a) or 25.1443(b), or the equipment must be shown to protect 

the supernumerary from hypoxia at an activity level required to return 

to his or her seat following a rapid decompression to 25,000 feet cabin 

altitude.

c. The portable 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 oxygen units. 

The supernumeraries must also be trained in making the determination 

whether oxygen is being delivered.

e. The oxygen units must be sized adequately for continuous and 

uninterrupted use during worst-case flight duration following smoke 

/decompression event, or must be of sufficient duration to allow the 

supernumeraries to return to their seats where additional oxygen is 

readily accessible for the remainder of the smoke/decompression

event.
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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 bottles with full face mask.

11. There will be an aircraft public address system capable of providing 

announcements from the cockpit to the courier area in addition to an 

interphone system.

12. Installation of emergency lighting in the event of a complete loss of power.

C. Requested Regulatory Relief:

The main objectives 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 floor lighting in the cargo compartment

area for the door in the Crew Rest Module and the RCB access door are in such 

close proximity that 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 only in flight not to be occupied during taxi, takeoff and landing. 
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Section 25.1447(c)(2)(i): Relief is sought to permit the use of portable oxygen 

bottles with full face mask instead of automatic dispensing units. 

D. Supporting Arguments:

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 facility 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 5th percentile 40-year old Japanese female 

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 sufficient to illuminate the area as described in 
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paragraph B. Once the RCB door is open additional illumination will be available 

from 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 ensuring 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 international freighter operators with similar 

configurations. 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 arguments 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

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