UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the petition of 

Exemption No. 11041 

FedEx Express Regulatory Docket No. FAA-2014-0101 

for an exemption from§§ 25.785U), 

25.812(e), 25.857(e), and 25.1447(c)(2)(i) 

of Title 14, Code of Federal Regulations 

DENIAL OF EXEMPTION 

By letters dated March 3, 2014, and April23 , 2014, Julio A. Berrios, Senior Aircraft 

Development Advisor, Aircraft Development & Acquisition Engineering, FedEx Express, 3131 

Democrat Road, Memphis, TN 38118, petitioned the Federal Aviation Administration (FAA) for 

an exemption from the requirements of§§ 25. 785U) at Amendment 25-88; 25.812(e) at 

Amendment 25-128; 25 .857(e) at Amendment 25-93 ; and 25.1447(c)(2)(i) at Amendment 25-

116 of Title 14, Code of Federal Regulations ( 14 CFR). This exemption, if granted would permit 

carriage of up to two (2) supernumeraries in a crew-rest module (CRM) located in the Class E 

compartment of Boeing Model 767-300F/-300BCF/-300BDSF freighter airplanes. 

The petitioner requests relief from the following regulations: 

Section 25.785(j) at Amendment 25-88 - requires that, if the seat backs do not provide a 

firm handhold, a handgrip or rail must be available along each aisle to enable persons to 

steady themselves while using the aisles in moderately rough air. 

Section 25.812(e) at Amendment 25-128 - requires that floor-proximity emergencyescape-path marking must provide emergency-evacuation guidance for passengers when 

all sources of illumination more than 4 feet above the cabin-aisle floor are totally 

obscured. In the dark of the night, the floor-proximity emergency-escape-path marking 

must enable each passenger to-
• After leaving the passenger seat, visually identify the emergency-escape path 

along the cabin-aisle floor to the first exits or pair of exits forward and aft of the 

seat; and 

• Readily identify each exit from the emergency-escape path by reference only to 

markings and visual features not more than 4 feet above the cabin floor. 

Section 25.857(e) at Amendment 25-93 - requires that a Class E cargo compartment is 

one on airplanes used only for the carriage of cargo. 

Section 25.1447(c)(2)(i) at Amendment 25-116 - requires that, if certification for 

operation above 25,000 feet is requested, oxygen-dispensing equipment must be 

available. 

Related sections: 

Section 121.583(a) - lists categories of people who may be carried aboard an airplane in 

part 121 service without complying with the entire passenger-carrying airplane 

requirements of 14 CFR part 121. 

The petitioner supports its request with the following information: 

This section quotes the relevant information from the petitioner's request, with minor edits for 

clarity. The complete petition is available at the Department of Transportation's Federal Docket 

Management System, on the Internet at bttn.;.ljrcguJ_g1i_Q.!1S .!..'.OV, in Docket No. FAA-2014-0 I 0 I. 

The main objectives of this request for exemption are to permit the carriage of two offduty 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. 

Requested Regulatory Relief: 

Section 25.7850): 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 (CRM) and the rigid cargo barrier (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 be 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 airplanes 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. Portable oxygen bottles will be 

provided in the CRM. 

Description of Aircraft: 

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

767 -300BDSF (BeDek Special Freighter) was as well manufactured under TCDS A 1 NM 

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) AlNM 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. 

The following previously granted exemptions are still applicable and are taken into 

consideration in this request: 

• Exemption 5993A for the 767-300F. 

• Exemption 9853 for the 767-300BDSF. 

• Exemption 9696A for the 767-300BCF. 

The flight deck ofthe Model 767 Freighters (-300F/-300BCF/-300BDSF) is equipped 

with No. 2 left and right flight-deck windows that can be opened from inside, and which 

were previously certified as flight crew emergency exits under TC AlNM. 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 duty on board the aircraft. The 

Airplane Flight Manual contains the definition of, 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). 

Crew Rest Module Configuration: 

The initial type-certificate configuration addresses 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-manual supplements. See Exemption 9696A for the 767-300BCF and 

Exemption 9853 for the 767-300BDSF. 

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FedEx wishes to install a CRM inside the Class E cargo compartment in position 1 D/1 C 

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 alett 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 cu-ft portable oxygen bottles 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 of25.1443(a) or 25.1443(b). 

• A fire extinguisher installed in the CRM. No additional portable breathing 

equipment (PBE) will be required since there will be two 4.25 cu-ft 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§ 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 MDI IF, there are two dome lights inside each 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) ofthe 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. 

• Installation of a two-way communication (interphone) system. The system will 

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

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system will have push-to-talk handsets 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 120-31 A and 

SAE ARP 4101 /3 Crew Rest Facilities, not including the requirement to obtain 

Operational Specification approval A I 17, which is based on 14 CFR 117 that is 

not applicable to FedEx Cargo Operations. 

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, takeoff and landing. A pre-flight briefing must inform the supernumeraries ofthis 

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 assist 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. 

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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 or 

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. 

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 

theE-class cargo compartment. The pre-tlight briefing should inform 

supernumeraries that access to the CRM is limited to two off-duty flight crew. 

8. The CRM will have a tire extinguisher that meets the requirement of25.851. 

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. 

Supporting Arguments: 

Cargo operators need augmented flight crew onboard the aircraft for flights longer than 8 

hours. Although the aircraft have three supernumerary seats, the seats 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, will provide adequate level of safety and comply with 

all the FAR except for the sections from which FedEx seeks exemption. 

The current flight decks of all the 767 Cargo models (767-300F Production Freighter, 

767-300BDSF BeDek Special Freighter and 767-300BCF Boeing Converted Freighter) 

do not have enough room to install a Class 1 Crew Rest Facility. 

A Class 1 Crew Rest Facility, as defined per AC 117-1 and SAE ARP 410113, requires a 

minimum sleeping surface of 30-inches x 78-inches and a minimum volume per single 

occupant of 35 cu-ft. This equates to a compartment with an approximate size of 30-

inches x 78-inches x 25-inches. FedEx will need two of these compartments for a total 

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volume of 70 cu-ft. This total volume does not include any space for additional 

equipment that will be required. 

If we could remove the three Supernumerary seats (25 inches wide each) and replace 

them with a single bunk compartment, that would only provide us with 75-inch bunk 

when we need 78-inch. In addition, the bunk cannot be used for taxi, takeoff and landing. 

Where will the supernumerary sit when the first observer seat is occupied? It would not 

be practical and it will defeat the purpose of having supernumerary seats to augment a 

long flight with additional flight crew. 

That is why we proposed the installation of the CRM in the Class E cargo compartment. 

In addition, there have been several cases set forth of this request, they are 1) STC 

ST02372AT and 2) FAA Exemption 6656, Docket 28760. 

Section 25. 7850): 

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. This distance is less than the average arm reach 

of the 5111 percentile 40-year old Japanese female, which is 25.7 inches per NASA-STD3000 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 tirm hold. 

Section 25.81 2(e): 

The CRM and the RCB access doors are in such close proximity that f1oor lighting is not 

needed. Once the CRM door is open, the proposed CRM emergency lighting will be 

sufficient to illuminate the area as described above. 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. 

Public Interest: 

FedEx Express presents the argument that the granting of this exemption will be in the 

public interest by allowing FedEx Express to provide a Class 1 rest facility per AC 121-

31 for extended flights, thus reducing flight-crew fatigue and improving flight safety. The 

granting of this exemption will allow FedEx Express to compete with international 

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That is why we proposed the installation of the CRM in the Class E cargo compartment. 

In addition, there have been several cases set forth of this request, they are 1) STC 

ST02372AT and 2) FAA Exemption 6656, Docket 28760. 

Federal Register publication 

A summary of the petition was published in the Federal Register on June 6, 2014 [79 FR 32806]. 

No comments were received. 

The FAA's analysis 

The FAA finds a public interest in having a Class 1 crew rest on long-haul cargo flights when 

those crew rests meet the guidelines of AC 121-31. Presently, a crew rest compartment located 

within a Class E cargo compartment does not meet the guidelines of AC 121-31. We requested 

that the petitioner explain the public interest of locating this crew rest inside the Class E cargo 

compartment and the response was that the airplane, as configured, does not have enough room 

in the existing supernumerary compartment. 

Our review found that the smoke barrier between the cargo compartment and the supernumerary 

compartment could be moved to accommodate the crew rest outside the Class E cargo 

compartment. The petitioner confirmed that the barrier could be moved, but that doing so would 

increase costs. We find that the additional cost is not a valid reason for us to make a finding that 

it is in the public interest to install the crew rest inside the Class E cargo compartment, as FedEx 

Express proposes. 

We acknowledge that, in 1997, the FAA had granted one exemption for a crew rest to be 

installed in a Class E cargo compartment. This was a special case for an airplane configuration 

intended for a foreign-government head-of-state operation. As the petitioner has identified, 

access into the Class E cargo compartments is now very tightly controlled to limit the hazard 

exposure to the occupants. Currently, the general access to the Class E cargo compartment is 

prohibited during all phases of flight. However, in certain cases, the FAA has permitted limited 

access to care for special types of cargo only. We have presented our analysis of this issue in 

several exemptions, including those that are applicable to the Boeing Model 767s operated by the 

petitioner. 

We find that a crew rest installed in the Class E cargo compartment exposes the occupants to a 

risk level that is not consistent with the current limitations of our exemptions. This rationale, in 

addition to the fact that the smoke barrier can be relocated so that the crew rest could be installed 

forward of the Class E cargo compartment, contributed to our decision. We find no sufficient 

public interest, and that the proposed configuration would introduce unnecessary hazards to the 

occupants from a fire inside the Class E cargo compartment. 

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The FAA's decision 

In consideration of the foregoing, I find that a denial of exemption is in the public interest for the 

reasons stated above. Therefore, pursuant to the authority contained in 49 U.S.C. 40113 and 

44 701 , delegated to me by the Administrator, Fed Ex Express is hereby denied an exemption 

from 14 CFR 25.7850), 25 .81 2(e), 25.857(e), and 25.1447(c)(2)(i) for Boeing Model 767-

300F/-300BCF/-300BDSF freighter airplanes. 

Issued in Renton Washington, on AUG 21 2014 

Kevin Hull 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service 

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