Exemption No. 10739A 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the petition of 

KALITT A 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 of Quality 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 relief from the requirements of§§ 25.855(a), 25.857(e), and 

25.1447(c)(l) of Title 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 of eliminating several of the conditions required by the 

exemption. 

The petitioner requests relief from 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 of the 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 of cargo. 

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 of dispensing units and outlets must exceed the number of seats 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 of categories of persons who may 

be carried aboard an airplane in part 121 service without complying with all ofthe 

requirements of part 121 pertaining to carriage of passengers. 

Section 121.547 contains, in pertinent part, a listing of categories of persons 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 of Transportation's Federal Docket Management System, on the 

Internet at http://regulations.gov, in Docket No. F AA-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 of the 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 of compliance is the use of a 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 of at least 4 liters per minute 

NTPD (normal temperature and pressure dry) at a cabin altitude of 23,000 

feet. If the petitioner uses this means of compliance 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. 

2 
3. 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 of the alert, the 

meaning of the alert, and the response to the alert (i.e., procedures for donning the 

mask and activating the flow of oxygen). 

4. Training Requirements for Supernumeraries Supplemental Oxygen 

The supernumeraries must be trained in the use of 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 live animals, using the 

lavatory, etc.). 

5. Placards 

Placard(s) are to be located inside and outside of the cargo compartment in a 

conspicuous location, either on or adjacent to both sides of the 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 of these requirements. 

6. Public Address System 

A public address (PA) system must be installed. It must be audible throughout 

the occupiable compartments of the airplane, and activated from either the flight 

deck or from the supernumerary seating area. The P A 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 of the supernumeraries at his/her seat. This system must be 

independent of the P A 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. 

3 
Kalitta 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 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 (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 of approved 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 of escape 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, if granted, would set a precedent. Therefore, 

to allow an opportunity for the public to comment on the petition, a summary of it 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 of several limitations from the original exemption because 

"compliance with § 121.583 already assures an acceptable level of safety 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 

4 
part 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 

of passengers 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 of the persons in the cargo compartment. 

We do not agree to remove the conditions and limitations listed on page 14 of the petition from 

the exemption. 

The petitioner claims that the existing conditions of the exemption impose a significant cost to 

the carrier. We find that the existing conditions are consistent with those imposed on other 

carriers. Cost in itself is not an acceptable justification of public interest to support a decision to 

grant relief from 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 of excluding 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 of safety 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 of the specialized training and qualifications 

of supernumeraries, we allow significant relief from 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 of safety to those in a standard passenger 

cabin. Nevertheless, we have required that certain conditions be met that will allow for an 

acceptable level of safety consistent with conditions in supernumerary seating in the area of the 

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 of safety and cost. 

On page 2, footnote 1, of the 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 of the 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 of part 121 need not be complied with when the 

persons listed in § 12 1.583 are carried. Present§ 121.583 exempts an airplane carrying the persons listed in that section from 

complying with the ' passenger-carrying' or 'passenger-service airpl ane' requirements of any part ofthe Federal Aviation 

Regulations. Proposed § 12 1.583 would specify those sections of part 121 that are made specifically applicable to ' passengercarrying operation ' or 'passenger-carrying aircraft' by use of those terms." (35 FR 1053, January 27, 1970) 

5 
Regarding the total number of supernumeraries 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 of supernumeraries in our 

exemptions to the minimum required for a specific configuration to minimize the hazard 

exposure of people in the Class E cargo compartment. Unless a specific configuration is 

proposed with supporting rationale that accounts for the conditions in place as part of this 

exemption, we see no basis for allowing additional supernumeraries. 

Section 5.4 of the petition for modification describes the supplemental oxygen system and use. 

We find the proposal meets the conditions of the 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 of the 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§ 25.144 7 (c)( 1) and does not 

require a second source of oxygen in the lavatory, no additional units are required. Expiration of 

Special Federal Aviation Regulation (SF AR) 111 will not affect this exemption from the 

requirement for a second source of oxygen 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 of the 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 of persons 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 of the 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 relief has been requested for the exit signs and 

lighting, and compliance with the applicable sections of part 25 is required. We find the 

proposal provides an acceptable level of safety. 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 off the 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 

6 
is needed. We will change the conditions and limitations to reflect the proposed configuration 

and grant relief from§ 25.809(f) at Amendment 25-0. 

The petitioner requests that the limit on kinds of supernumeraries be expanded to all kinds 

allowed by§ 121.583. To remain consistent with all of the 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 of the additional risks of the 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 of air 

cargo. 

• The affected supernumeraries are afforded an acceptable level of safety 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 relief to other operators. We find that if we granted the requested relief, it 

would set a precedent in many areas because the requested relief is substantially different from 

the relief granted to other operators. For example, the petitioner requested to have no limitation 

on the number of supernumeraries. All existing supernumerary exemptions have this limitation, 

so to grant such a request would not be substantially similar. 

The FAA's decision 

In consideration of the foregoing, I find that a partial grant of exemption 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 of Boeing 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 (if applicable), 4-7, and 12 must be documented in the Limitations 

Section of the Airplane Flight Manual: 

7 
1. Supernumeraries: 

a. A maximum of 16 supernumeraries may occupy the aft portion of the main deck 

Class E cargo compartment. The total maximum occupancy of the 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 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. 

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 of the 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 of compliance is the use of a 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 of at least 4 liters per minute NTPD (Normal Temperature and 

Pressure Dry) at a cabin altitude of23,000 feet. If the petitioner uses this means 

of compliance 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. 

8 
4. Training Requirements for Supernumeraries Supplemental Oxygen: 

The supernumeraries must be trained in the use of the 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 of the alert, and 

the response to the alert (i.e., procedures for donning the mask and activating the flow 

of oxygen). 

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 of turbulence, 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 of the cargo compartment in a 

conspicuous location, either on or adjacent to both sides of the 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 of these requirements. 

8. Alerting Requirements: 

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

decompression and turbulence. 

9 
b. 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 of the 

cargo compartment are required and must be visible throughout the accessible 

areas of the Class E cargo compartment and the lavatory. 

9. A public address (P A) system must be installed. It must be audible throughout the 

occupiable compartments of the 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 of at least one of 

the supernumeraries at his/her seat. This system must be independent of the P A 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. 

11 . Access and egress must be provided that complies with the applicable sections of part 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 of a jammed 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. If the 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 if deactivated. 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 

10 
animal cargo provided no other cargo is being carried on the main deck; however, the other 

conditions of this exemption are still applicable to this flight. 

Is9-ff; £~(L_. 

Jeffrey E. Duven 

Manager, Transport Airplane Directorate 

Aircraft Certification Service 

DEC 24·2014 

11