Exemption No. 10739A

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

In the matter ofthe petition of
KALITTA CHARTERS II, LLC
for an exemption from§ 25.809(±), 25.855(a), 25.857(e), and 25.1447(c)(1) of Title 14, Code ofFederal Regulations Regulatory Docket No. FAA-2012-1291

PARTIAL GRANT OF EXEMPTION By letter dated May 27, 2014, Mr. Bob Koski, Director ofQuality Control, Kalitta Charters II, LLC, 843 Willow Run Airport, petitioned the Federal Aviation Administration (FAA) for an amendment to Exemption No. 10739, issued on April2, 2013. That exemption granted Kalitta Charters II, LLC, certain relieffrom the requirements of§§ 25.855(a), 25.857(e), and 25.1447(c)(l) ofTitle 14, Code ofFederal Regulations (14 CFR) for Boeing Model 727-200 series airplanes converted to freighter airplanes. The petitioner requests an amendment to Exemption No. 10739 for the purpose ofeliminating several ofthe conditions required by the exemption. The petitioner requests relieffrom the following regulation(s): Section 25.809(f), Amendment 25-0 requires, in part, that each passenger emergency exit greater than six (6) feet from the ground must have an automatically deployed slide or equivalent to assist the occupants in reaching the ground with landing gear leg(s) collapsed. Section 25.855(a) requires, in part, that cargo compartments must meet one ofthe class requirements of§ 25.857. Section 25.857(e) requires, in part, that when a Class E cargo compartment is installed on an airplane, the airplane is used only for the carriage ofcargo. Section 25.1447(c)(1) requires, in part, that oxygen dispensing units must be automatically presented to the occupants before the cabin altitude exceeds 15 ,000 feet. The total number ofdispensing units and outlets must exceed the number ofseats by at least 10 percent. The extra units must be uniformly distributed throughout the cabin as practicable, and there must be two oxygen masks in each lavatory.Related sections of 14 CFR: Section 25.812(e), Amendment 25-116 requires, in part, that floor proximity emergency escape path markings must provide emergency evacuation guidance for passengers. Section 121.583(a) contains, in pertinent part, a listing ofcategories ofpersons who may be carried aboard an airplane in part 121 service without complying with all ofthe requirements ofpart 121 pertaining to carriage ofpassengers
. Section 121.547 contains, in pertinent part, a listing ofcategories ofpersons who may be admitted to the flight deck during operation. The petitioner supports its request with the following information: This section quotes the relevant information from the petitioner's request. The complete petition is available at the Department ofTransportation's Federal Docket Management System, on the Internet at http://regulations.gov, in Docket No

. FAA-2012-1291. Relief Kalitta Charters II requests that exemption No. 10739 be amended to include only the following limitations: 1. Supernumeraries Supplemental Oxygen Locations and Use: A supplemental oxygen equipment unit with a mask connected to it must be located so each occupant can put on the mask and activate oxygen flow while seated and while moving about the main deck Class E cargo compartment when not in the vicinity ofthe seats. 2. Design Requirements for Supernumeraries Supplemental Oxygen
a. The oxygen units must provide an indication to the user when the oxygen is flowing. b. The oxygen units must be sized adequately for continuous and uninterrupted use during worst-case flight duration following decompression, or must be of sufficient duration to allow the supernumerary to return to his or her seat where oxygen for the remainder ofthe decompression is readily accessible.
c. The portable oxygen units must meet the performance requirements of § 25.1443(a) or (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

. d. One acceptable means ofcompliance is the use ofa continuous flow passenger oxygen mask that meets FAA TSO-C64a, or later, and is approved for use up to at least 40,000 feet cabin altitude, and is connected to an oxygen bottle that supplies a flow rate ofat least 4 liters per minute NTPD (normal temperature and pressure dry) at a cabin altitude of23 ,000 feet. Ifthe petitioner uses this means ofcompliance and the bottles have more than one setting for flow rate, the supernumeraries must be trained to use the 4 liters per minute NTPD setting. 23. Decompression Alert An automatically activated aural and visual decompression alert must be provided and immediately recognizable throughout the main deck Class E cargo compartment to notify supernumeraries when to don oxygen masks. As a backup to the automated alert system, the flightcrew must be able to manually activate the alert. The pre-flight briefing must include training in the sound ofthe alert, the meaning ofthe alert, and the response to the alert (i.e., procedures for donning the mask and activating the flow ofoxygen). 4. Training Requirements for Supernumeraries Supplemental Oxygen The supernumeraries must be trained in the use ofoxygen units and to secure them when they occupy their seats. The supernumeraries must also be trained in making the determination whether oxygen is being delivered to the dispensing units. The training must identify that the units must be carried whenever the supernumerary leaves his or her seat (e.g., tending to live animals, using the lavatory, etc.). 5. Placards Placard(s) are to be located inside and outside ofthe cargo compartment in a conspicuous location, either on or adjacent to both sides ofthe smoke barrier door. The placard(s) must indicate the following:

• The smoke barrier must be secured (i.e., the door must be closed).

• Smoking is not allowed within the cargo compartment. The pre-flight briefing must inform the supernumeraries ofthese requirements. 6. Public Address System A public address (PA) system must be installed. It must be audible throughout the occupiable compartments ofthe airplane, and activated from either the flight deck or from the supernumerary seating area. The PA system must comply with § 25.1423 at Amendment 25-79. 7. Interphone System An interphone system must be installed that provides two-way communication between the supernumerary seating area and the flight deck and is within reach of at least one ofthe supernumeraries at his/her seat. This system must be independent ofthe PA system except for handsets, headsets, microphones, selector switches, and signaling devices. When supernumeraries are carried, this seat position must be occupied for taxi, takeoff, and landing.

3Kalitta Charters II believes the following conditions should be removed as unrelated to the exemption being sought, and in some instances otherwise addressed by§ 121.583. We note that we already have provisions in place that will assure these conditions are met:

• Turbulence Alert;

• Alerting Requirements (as applicable to required equipment);

• Emergency equipment (fire extinguisher, first aid kit, axe for emergency exit egress, etc.);

• Oral instructions prior to each flight 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 (addressed by§ 121.583(c)).

• Provision that supernumeraries may be on board while travelling to or from their assignments without the cargo authorized in§ 121.583 provided no other cargo is being carried on the main deck (addressed by§ 121.583(a)(5)).

• Provision that the operator must determine that each supernumerary is physically able and trained to accomplish the necessary emergency procedures (addressed by § 121.583(d)).

• Limitation on the number of supernumeraries who may occupy the aft portion of the main deck Class E cargo compartment(§ 121.583(b)(3) already limits the number of supernumeraries to the number ofapproved seats (in this instance those complying with TSO C39) and equipped with approve[d) seat belts (in this instance those complying with TSO C-22)). Finally, Kalitta specifically requests that the following conditions be removed as otherwise addressed by§ 121.583 , unduly restrictive and expensive, and potentially contrary to safety in an operating environment;

• Installation ofescape slides at doors 2L and 2R;

• Limitation on the types of supernumeraries otherwise authorized by§ 121.583. 

### Federal Register publication Although the petitioner requested that action on its petition not be delayed for publication in the 

### Federal Register, the FAA found that the petition, ifgranted, would set a precedent. Therefore, to allow an opportunity for the public to comment on the petition, a summary ofit was published in the Federal Register on November 10, 2014, 79 FR 66766. No comments were received. 

### The FAA's analysis
The petitioner requests removal ofseveral limitations from the original exemption because

"compliance with § 121.583 already assures an acceptable level ofsafety for supernumeraries as determined by the FAA. " We disagree. In amending§ 121.583 in 1970, the FAA explicitly recognized that the airworthiness standards would still apply. That amendment limited the regulations to which § 121.583 provides exceptions to other specifically enumerated sections of

4part 121. 1 Section 25.857(e) limits Class E cargo compartments to cargo-only airplanes. Therefore, § 121.583 was never intended to establish acceptable safety requirements for carriage ofpassengers in those compartments. Furthermore, because § 25.857(e) does not allow passengers to occupy these compartments, the design requirements for a Class E cargo compartment do not provide an acceptable level of safety for occupancy. The limitations included in the original exemption and restated in this amendment are those necessary to ensure the safety ofthe persons in the cargo compartment. We do not agree to remove the conditions and limitations listed on page 14 ofthe petition from the exemption

. The petitioner claims that the existing conditions ofthe exemption impose a significant cost to the carrier. We find that the existing conditions are consistent with those imposed on other carriers. Cost in itselfis not an acceptablejustification ofpublic interest to support a decision to grant relieffrom part 25 airworthiness standards.
As acknowledged by the petitioner,§ 25.857(e) does not allow passengers to be carried on an airplane with a Class E cargo compartment. The petitioner observes that the only rationale articulated by the FAA for excluding passengers is the depressurization method to control an inflight fire. From this observation, the petitioner concludes that the FAA inappropriately imposes conditions unrelated to this risk, resulting in needless costs to the operator. We disagree with this conclusion. As discussed previously, the result ofexcluding passengers from Class E compartments is that numerous passenger safety requirements do not apply to those compartments. Therefore, in exemptions allowing passengers in those compartments, it is necessary to impose conditions to provide an acceptable level ofsafety for those passengers. In these exemptions, we do not impose additional conditions beyond a standard passenger cabin for the Class E cargo compartment. In fact, because ofthe specialized training and qualifications ofsupernumeraries, we allow significant relieffrom numerous cabin safety regulations. In many exemptions, including No

. 10739, the FAA has stated that supernumeraries seated in the Class E cargo compartment do not have an equivalent level ofsafety to those in a standard passenger cabin

. Nevertheless, we have required that certain conditions be met that will allow for an acceptable level ofsafety consistent with conditions in supernumerary seating in the area ofthe flight deck envisioned in§ 121.583. Because the conditions listed in Exemption No. 10739 are less stringent than a standard passenger cabin, we find that we have achieved an acceptable balance ofsafety and cost. On page 2, footnote 1, ofthe petition for modification, the petitioner claims Exemption No

. 10739 limits carriage to horses. Condition 12 ofthe exemption refers to live animal cargo and does not limit carriage to horses, nor does any other provision ofthe exemption. This claim is not accurate and we find that no change to condition 12 is necessary.

1 "This proposal would also amend § 121.583 to make clear which sections ofpart 12 1 need not be complied with when the persons listed in § 12 1

.583 are carried. Present§ 12 1.583 exempts an airplane carrying the persons listed in that section f rom complying with the ' passenger-carrying' or 'passenger
-service airplane' requirements ofany part ofthe Federal Aviation R

egulations
. Proposed § 12 1.5 83 would specify those sections ofpart 12 1 that are made specifically applicable to ' passengercarrying operation ' or 'passenger-carrying aircraft' by use ofthose terms." (35 FR 1053 , January 27, 1970) 5Regarding the total number ofsupernumeraries allowed for the configuration, the petitioner has proposed that there be no limitation as long as there is sufficient oxygen and seats provided. Currently, the exemption allows up to 16 supernumeraries, which is the same as the exemptions for other Boeing Model 727 operators. We have limited the number ofsupernumeraries in our exemptions to the minimum required for a specific configuration to minimize the hazard exposure ofpeople in the Class E cargo compartment. Unless a specific configuration is proposed with supporting rationale that accounts for the conditions in place as part ofthis exemption, we see no basis for allowing additional supernumeraries.
Section 5.4 ofthe petition for modification describes the supplemental oxygen system and use. We find the proposal meets the conditions ofthe exemption. As discussed in the original exemption, there are no flight attendants or lap children for this configuration and therefore no need to provide for the additional 10 percent ofthe oxygen units. One portable unit per supernumerary is acceptable as long as the supernumeraries carry the units when they are not near the seats. It is acceptable and required to carry the portable unit into the lavatory. As the original exemption exempts the petitioner from the requirements of§ 25.1447(c)( 1) and does not require a second source ofoxygen in the lavatory, no additional units are required. Expiration of Special Federal Aviation Regulation (SFAR) 111 will not affect this exemption from the requirement for a second source ofoxygen in the lavatory.
With regard to the turbulence alert, we find that the petitioner's proposal on page 7 to have crewactivated lighted signs, a "fasten seat belt" sign visible to seated occupants, and "return to seat" (referred to on page 9) visible throughout the length ofthe Class E cargo compartment, complies with the turbulence alert required by the exemption. The alert must also be available inside the lavatory. As previously discussed, we do not agree to remove the limitation requiring the turbulence alert because the design requirements for a Class E cargo compartment do not include such an alert. We find this alert is necessary for the safety ofpersons in the Class E cargo compartment.
The petitioner requests that the escape slides be removed from doors 2L and 2R emergency exits. On page 4 ofthe petition for modification, the petitioner states the interior configuration will include 10 pallets, with the last 2 pallet positions open for the handler seating. On page 7, the petitioner discusses emergency egress. No reliefhas been requested for the exit signs and lighting, and compliance with the applicable sections ofpart 25 is required. We find the proposal provides an acceptable level ofsafety. To summarize the configuration, there will be unobstructed access from the seats to the doors 1 L and 1 R exits, the forward L&R overwing exits, and the aft ventral exit. The forward door exits will be equipped with ropes for an assist means. The assist means for the forward L&R overwing exits is to follow the markings on the wing and offthe flap to the ground. The assist means for the ventral exit is the air stair. We understand the supernumeraries will not use the aft L&R overwing exits and the aft doors 2L and 2R exits. These are deactivated exits and all markings inside and out must be removed. As the proposed configuration deactivates the doors 2L and 2R, and provides an egress path from the seats to doors 1L and 1R, forward overwing L&R, and aft ventral exits, we find it acceptable to remove the escape slides from the doors 2L and 2R. The petitioner did not specifically include § 25.809(£) in the petition; however, to remove the requested slides, an exemption from that rule

6is needed. We will change the conditions and limitations to reflect the proposed configuration and grant relieffrom§ 25.809(f) at Amendment 25-0.
The petitioner requests that the limit on kinds ofsupernumeraries be expanded to all kinds allowed by§ 121.583. To remain consistent with all ofthe other exemptions granted for this animal handling operation where supernumeraries are seated inside the Class E cargo compartment, we are leaving the original limitation unchanged for the kinds of supernumeraries allowed for the proposed configuration. Because ofthe additional risks ofthe supernumeraries being inside the Class E cargo compartment during the entire flight, it is not in the public interest to allow occupancy by supernumeraries that are not necessary for handling animal cargo. This limitation continues to allow occupancy during the return flight to the original departure location when supernumeraries are seated in or have access to the Class E cargo compartment. The FAA considers certain aspects ofthe petitioner's proposal to be in the public interest for the following reasons:

• These supernumeraries are a benefit to airplane safety and efficient operations ofair cargo.

• The affected supernumeraries are afforded an acceptable level ofsafety based on the provisions proposed by the petitioner and the conditions and limitations imposed by this partial grant. Response to the petitioner's request to waive public comment: The petitioner has requested that public comment be waived based on a statement that we have granted the proposed reliefto other operators. We find that ifwe granted the requested relief, it would set a precedent in many areas because the requested reliefis substantially different from the reliefgranted to other operators. For example, the petitioner requested to have no limitation on the number ofsupernumeraries. All existing supernumerary exemptions have this limitation, so to grant such a request would not be substantially similar.

The 

### FAA's decision In consideration ofthe foregoing, I find that a partial grant ofexemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701 delegated to me by the Administrator, I grant Kalitta Charters II, LLC, an exemption from 14 CFR §§ 25.809(f) at Amendment 25-0, 25.855(a), 25.857(e), and 25.1447(c)(1) to the extent necessary to allow type certification ofBoeing Model 727-200 series airplanes with provisions for the carriage of supernumeraries. Kalitta Charters II, LLC, is hereby denied the request to remove limitations 1, 6, 8, and 12, from the original issue ofExemption No. 10739. The following limitations apply and limitation numbers 1, 3.d (ifapplicable), 4-7, and 12 must be documented in the Limitations Section ofthe Airplane Flight Manual:

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### 1. Supernumeraries:

a. A maximum of 16 supernumeraries may occupy the aft portion ofthe main deck Class E cargo compartment. The total maximum occupancy ofthe airplane is limited to 19 persons, including the flightcrew (3 on-duty flightcrew members, and up to 16 supernumeraries).
b. The supernumeraries are limited to the categories specified in§§ 121.583(a)(4)(ii) and 121.583(a)(5), applicable only to persons referenced in§ 121.583(a)(4)(ii).

c. Prior to each flight, a flightcrew member must briefeach 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. d. The operator must determine that each supernumerary is physically able and trained to accomplish the necessary emergency procedures.
2. Supernumeraries Supplemental Oxygen: Locations and Use: A supplemental oxygen equipment unit with a mask connected to it must be located so each occupant can put on the mask and activate oxygen flow while seated and while moving about the main deck Class E cargo compartment. 3

. Design Requirements for Supernumeraries Supplemental Oxygen:

a. The oxygen units must provide an indication to the user when oxygen is flowing. b. The oxygen units must be sized adequately for continuous and uninterrupted use during worst-case flight duration following decompression, or must be of sufficient duration to allow the supernumerary to return to his or her seat where oxygen for the remainder ofthe decompression is readily accessible.

c. The portable oxygen units must meet the performance requirements of § 25.1443(a) or (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. d. One acceptable means ofcompliance is the use ofa continuous flow passenger oxygen mask that meets FAA TSO-C64a, or later, and is approved for use up to at least 40,000 feet cabin altitude, and is connected to an oxygen bottle that supplies a flow rate ofat least 4 liters per minute NTPD (Normal Temperature and Pressure Dry) at a cabin altitude of23 ,000 feet. Ifthe petitioner uses this means ofcompliance and the bottles have more than one setting for flow rate, the supernumeraries must be trained to use the 4 liters per minute NTPD setting

.

84. Training Requirements for Supernumeraries Supplemental Oxygen:
The supernumeraries must be trained in the use ofthe oxygen units and to secure them when they occupy their seats. The supernumeraries must also be trained in making the determination whether oxygen is being delivered to the dispensing units. The training must identify that the units must be carried whenever the supernumerary leaves his or her seat (e.g., tending to the live animals, using the lavatory, etc.).
5. Decompression Alert:
An automatically activated aural and visual decompression alert must be provided and immediately recognizable throughout the main deck Class E cargo compartment to notify supernumeraries when to don oxygen masks. As a backup to the automated alert system, the flightcrew must be able to manually activate the alert. The pre-flight briefing must include training in the sound ofthe alert, the meaning ofthe alert, and the response to the alert (i.e., procedures for donning the mask and activating the flow ofoxygen).
6. Turbulence Alert:
A flightcrew member-operated aural or visual alert, which is recognized in the main deck Class E cargo compartment must be installed to indicate, during turbulence/ predicted turbulence, that persons must return to their seats. Appropriate procedures and limitations must be established to ensure that, at the onset ofturbulence, the flightcrew member alerts the supernumeraries to return to their seats. These procedures must include occupants in the lavatory. The pre-flight briefing must explain these alerts to the supernumeraries.
7. Placards: Placard(s) are to be located inside and outside ofthe cargo compartment in a conspicuous location, either on or adjacent to both sides ofthe smoke barrier door. The placard(s) must indicate the following:

• The smoke barrier must be secured (i.e., the door must be closed). • Smoking is not allowed within the cargo compartment. The pre-flight briefing must inform supernumeraries ofthese requirements.
8. Alerting Requirements:

a. Alerts must be distinctive and effective. Alerts must distinguish between decompression and turbulence.



### 9b. Visual alerts must be visible from all occupant locations and orientations, during all expected operational conditions including a rapid decompression where moisture in the air may condense.

c. Aural alerts must be loud enough to be heard during all expected operational conditions including a rapid decompression where the ambient noise level will mcrease. d. Flightcrew activated and lighted "Fasten Seat Belt" signs are required and must be visible to persons sitting in the supernumerary seats.

e. Flightcrew activated and lighted "Return to Seat" signs along the length ofthe cargo compartment are required and must be visible throughout the accessible areas ofthe Class E cargo compartment and the lavatory.
9. A public address (PA) system must be installed. It must be audible throughout the occupiable compartments ofthe airplane, and activated from either the flight deck or from the supernumerary seating area. The PA system must comply with§ 25.1423 at Amendment 25-79.
10. An interphone system must be installed that provides two-way communication between the supernumerary seating area and the flight deck and is within reach ofat least one of the supernumeraries at his/her seat. This system must be independent ofthe PA system except for handsets, headsets, microphones, selector switches, and signaling devices. When supernumeraries are carried, this seat position must be occupied for taxi, takeoff, and landing.
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. Access and egress must be provided that complies with the applicable sections ofpart 25 from the supernumerary seats to doors 1 L and 1 R, forward overwing L&R, and aft ventral exits. A fire extinguisher, first aid kit, and any other required equipment must be provided in accordance with the relevant provisions of 14 CFR part 25. For emergency egress assistance, an axe will be provided to assist in the case ofajammed or stuck exit door as required by § 121.309(e). The escape slides may be removed from doors 1 L and lR and replaced with ropes. Ifthe aft overwing L&R, and/or doors 2L and 2R are not to be used, they must be deactivated and all interior and exterior exit markings removed. Escape slides may also be removed from doors 2L and 2R ifdeactivated. As a minimum, there must be unobstructed access from the supernumerary seats to doors 1 L and 1 R, the forward overwing L&R, and the aft ventral exits.
12. Operations are limited to the carriage oflive animal cargo and cargo which is needed to care for the animals. Supernumeraries may be seated in or have access to the Class E cargo compartment on the return flight to their initial departure location without live

10animal cargo provided no other cargo is being carried on the main deck; however, the other conditions ofthis exemption are still applicable to this flight.



# Is**9-ff; £~(L_.** 
Jeffrey E. Duven Manager, Transport Airplane Directorate Aircraft Certification Service 

## DEC 24· 2014

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