UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 98057-3356

In the matter ofthe 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) ofTitle 14, Code ofFederal 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 ofTitle 14, Code ofFederal Regulations (14 CFR). This exemption, ifgranted would permit carriage ofup to two (2) supernumeraries in a crew-rest module (CRM) located in the Class E compartment ofBoeing Model 767-300F/-300BCF/-300BDSF freighter airplanes. The petitioner requests relieffrom the following regulations: Section 25.785(j) at Amendment 25-88 - requires that, ifthe 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 ofillumination more than 4 feet above the cabin-aisle floor are totally obscured

. In the dark ofthe 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 ofexits forward and aft ofthe 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 ofcargo. 

### Section 25.1447(c)(2)(i) at Amendment 25-116 - requires that, ifcertification for operation above 25,000 feet is requested, oxygen-dispensing equipment must be available. 

### Related sections: Section 121.583(a) - lists categories ofpeople 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 ofTransportation's Federal Docket Management System, on the Internet at bttn.;.ljrcguJ_g1i_Q.!1S

.!..'.OV, in Docket No. FAA-2014-0I0I. The main objectives ofthis request for exemption are to permit the carriage oftwo offduty crewmembers on an all-freighter airplane and permit entry ofqualified supernumeraries into the CRM inside the cargo compartment during flight for the purpose ofresting. 

### Requested Regulatory Relief: Section 25

.7850): Reliefis 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): Reliefis 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): Reliefis sought to permit carriage ofup to two (2) persons in the CRM on an all freighter airplanes which have a CRM in position 1 ofthe Class E cargo compartment beyond the flight crew oftwo (2)

. The CRM will be occupied only in flight, not to be occupied during taxi, takeoffand landing.

2Section 25.1447(c)(2)(i): Reliefis sought to permit the use ofportable oxygen bottles with full face mask instead ofautomatic dispensing units. Portable oxygen bottles will be provided in the CRM. Description ofAircraft: The 767-300F was manufactured under Type Certificate Data Sheet (TCDS) AlNM. The 767-300BDSF (BeDek Special Freighter) was as well manufactured under TCDS A1 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 ofthese models include a Class E compartment in the main deck, and a flight deck consisting ofa supernumerary area, forward ofthe 9-g barrier RCB/smoke curtain. The flight deck area can provide a maximum ofsix (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 ofthe 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 supernumerar y persons may be carried, and provide specific instruction for preflight briefing. FedEx Express believes that an equivalent level ofsafety with the parts ofthe requirements from which reliefis sought will be achieved by the design features ofthe CRM installation on the 767 Freighters (-300F/-300BCF/-300BDSF). 

### Crew RestModule 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.


### 3FedEx wishes to install a CRM inside the Class E cargo compartment in position 1 D/1C for the purpose ofproviding 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) ofthe 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 ofan aural alert to alert the CRM occupants in the event ofa rapid decompression or at the discretion ofthe flight crew on duty.

• Installation oftwo 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 ofemergency lighting in the event ofa complete loss ofpower. The lighting will be inside the CRM only so occupants could find a flashlights and/or don oxygen ifrequired 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 ofthe 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 compartmentjust 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 lightjust next to the crew entry door way.

• Installation ofa two-way communication (interphone) system. The system will have a chime (aural alert) to alert the occupants and a resettable call light. The

4system 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 120-31A 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 ofthe occupants in the E-class compartment during flight: 1. Flight crew members will be trained as a part ofthe 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, takeoffand landing. A pre-flight briefing must inform the supernumeraries ofthis requirement. 3. Prior to each flight, a flight crew member will briefeach supernumerary on the use ofexits, 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 briefeach supernumerary on the opening and closing procedure ofthe RCB door. 5. A maximum oftwo (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.



### 5d. The supernumeraries must be trained in the use ofthe 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 ofsufficient duration to allow the supernumeraries to return to their seats where additional oxygen is readily accessible for the remainder ofthe 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 ofa 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 ofproviding announcements from the cockpit to the courier area in addition to an interphone system. 12. Installation ofemergency lighting in the event ofa complete loss ofpower. 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 ofthe 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 ofsafety and comply with all the FAR except for the sections from which FedEx seeks exemption. The current flight decks ofall 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 1Crew Rest Facility. A Class 1 Crew Rest Facility, as defined per AC 117-1 and SAE ARP 410113, requires a minimum sleeping surface of30-inches x 78-inches and a minimum volume per single occupant of35 cu-ft

. This equates to a compartment with an approximate size of30- inches x 78-inches x 25-inches

. FedEx will need two ofthese compartments for a total

6volume of70 cu-ft. This total volume does not include any space for additional equipment that will be required. Ifwe 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, takeoffand landing. Where will the supernumerary sit when the first observer seat is occupied? It would not be practical and it will defeat the purpose ofhaving supernumerary seats to augment a long flight with additional flight crew. That is why we proposed the installation ofthe CRM in the Class E cargo compartment. In addition, there have been several cases set forth ofthis 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 ofthe CRM to the RCB wall/door is slightly less than 22 inches. This distance is less than the average arm reach ofthe 5111 percentile 40-year old Japanese female, which is 25.7 inches perNASA-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 25.812(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 ofthe occupants for which this exemption is sought are qualified off-duty flight crew for the type ofaircraft, in this case the 767, which meet all the requirements of 121.583 as well. Furthermore, they are instructed in the autonomous use ofemergency equipment and emergency exit operation. FedEx Express will optimize their missions ifthey are permitted to have the CRM installed in the Class E and allow personnel aboard the CRM during cargo flights, thus ensuring availability ofrested flight crew in flight. 

### Public Interest: FedEx Express presents the argument that the granting ofthis 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 ofthis exemption will allow FedEx Express to compete with international



### 7

### That is why we proposed the installation ofthe CRM in the Class E cargo compartment. In addition, there have been several cases set forth ofthis request,they are 1) STC ST02372AT and 2) FAA Exemption 6656, Docket 28760

. Federal Register publication A summary ofthe petition was published in the Fed eralRegister 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 ofAC 121-3 1. Presently, a crew rest compartment located within a Class E cargo compartment does not meet the guidelines ofAC 121-31. We requested that the petitioner explain the public interest oflocating 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 offlight. However, in certain cases, the FAA has permitted limited access to care for special types ofcargo only. We have presented our analysis ofthis issue in several exemptions, including those that are applicable to the Boeing Model 767s operated by the petitioner.
We find that a crewrest installed in the Class E cargo compartment exposes the occupants to a risk level that is not consistent with the current limitations ofour exemptions. This rationale, in addition to the fact that the smoke barrier can be relocated so that the crew rest could be installed forward ofthe 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.

8The 

### FAA's decision In consideration ofthe foregoing, I find that a denial ofexemption is in the public interest for the reasons stated above. Therefore, pursuant to the authority contained in 49 U.S.C. 40113 and 44701 , delegated to me by the Administrator, FedEx 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

9