EXEMPTION FROM PARAGRAPH 513.07(1)(a) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 525.785(b) OF THE AIRWORTHINESS MANUAL

From: Transport Canada

Pursuant to paragraph 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt ELISEN Technologies Inc. (hereinafter "ELISEN") 685 Stuart Graham Blvd. North, Dorval, Quebec from the application of paragraph 513.07(1)(a) of the Canadian Aviation Regulations (CARs) and of paragraph 525.785(b) of the Airworthiness Manual.

Paragraph 525.785(b) of the Airworthiness Manual establishes the minimum occupant general injury requirements for the certification of transport category aeroplanes.

The details of the above provisions are provided in Appendix A to this exemption.

Purpose

The purpose of this exemption is to allow ELISEN to install side facing divan(s) on any BD700-1A10 aeroplane.

Application

This exemption applies to ELISEN only for the installation of side facing divan(s) on any BD700-1A10 aeroplane, permitting that divan(s) be occupied during taxi, take-off and landing for any type of operation, commercial or private.

Conditions

This exemption is subject to the following conditions:

1. Seat Certification Requirements:
  1. The provisions of U.S. Code of Federal Regulations (CFR), Title 14, Part 25 as amended by, and including Amendment 25-64 shall be applicable;
  2. Occupant Retention: Acceptable occupant restraint shall be verified during dynamic testing. The forward seated occupant’s pelvis shall be restrained within the longitudinal seating position length of the divan and shall not move past the end of the divan structure at full load;
  3. Body-to-Body Contact: Contact between the head, shoulder, torso, and/or pelvis of one Anthropomorphic Test Dummy (ATD) on an adjacent seated ATD shall not be allowed during the tests conducted in accordance with FAR 25.562(b)(1) and (b)(2). Incidental contact of the feet, legs, arms and/or hands that will not result in incapacitation of the occupants is acceptable. Contact during rebound is allowed;
  4. Occupant Movement Envelope (OME): For the forward most seated occupant of the divan installation, an OME shall establish and account for the full range of occupants who will use the divan. This OME shall identify the forward-most movement of the ATD’s head, shoulder, torso, and pelvis. The OME shall be referenced to a structural point on the divan which can be referenced to the aircraft. The OME shall establish an occupant protection zone into which no interior component shall be installed in order to meet the occupant protection requirements for Head Injury Criterion (HIC), Thoracic Trauma Index (TTI), and lateral pelvic acceleration. If an interior component is installed in the OME, substantiation of the occupant protection requirements of (b), (c), (e) and (f) shall be verified;
  5. Thoracic Trauma Index (TTI): Unless it can be shown by 16g dynamic testing that no contact occurs between occupants and interior components, TTI for the affected occupants shall be substantiated by test or rationale based upon previous tests. When conducting an actual test to obtain a TTI value, an appropriate test device shall be used such as a Side Impact Dummy (SID) as defined in 49 CFR Part 572, Subpart F. The TTI value shall not exceed 85g when the TTI data is processed in accordance with Federal Motor Vehicle Safety Standards (FMVSS) Part 571.214, section S6.13.5.
  6. Lateral Pelvic Acceleration(LPA): Unless it can be shown by 16g dynamic testing that no contact occurs between occupants and interior components, LPA for the affected occupants shall be substantiated by test or rationale based upon previous tests. When conducting an actual test to obtain an LPA value, an appropriate test device shall be used such as a SID as defined in 49 CFR Part 572, Subpart F. The LPA value shall not exceed 130g when the LPA data is processed in accordance with Federal Motor Vehicle Safety Standard (FMVSS) Part 571.214, section S6.13.5.
  7. Shoulder Strap Loads: Where upper torso straps (shoulder straps) are used for divan occupants, tension loads in individual straps shall not exceed 1750 pounds. If dual straps are used for restraining the upper torso, the total strap tension load shall not exceed 2000 pounds;
  8. Certification Tests: As a minimum, the following structural tests shall be required for each divan:
    • One 14g vertical test as per FAR 25.562(b)(1) with Hybrid II ATDs;
    • One 16g longitudinal test as per FAR 25.562(b)(2) with Hybrid II ATDs; and
    • To establish the Occupant Movement Envelope, a single 16g longitudinal test as per FAR 25.562 (b)(2) without floor deformation and yaw angle, with Hybrid II ATDs shall be required for each divan;

      Note: All seat positions need to be occupied for the longitudinal tests.
       
  9. An operational procedure shall exist to ensure that each passenger is made aware that the particular aeroplane incorporating side-facing divans allowed under the terms of this exemption to be occupied during taxi, take-off and landing does not comply with all of the occupant safety standards mandated for the aeroplane type in general in regards to the side-facing divan. TCCA will allow each operator to determine how best to accomplish this notification, but will require that procedures be developed whereby each passenger is so informed, prior to flying on the aeroplane for the first time; and

2. Seat Installation Requirements:
  1. A means shall be provided to retain the occupants within the envelope of the divan during rebound. This means may take the form of a partition or cabinet adjacent to the aft end of the divan. The means need not be attached to the divan;
  2. The side-facing divan shall be certified to TSO-C39b;
  3. The side-facing divan shall meet the requirement of §25.562 of the U.S. Code of Federal Regulations (CFR), Title 14.

Validity

This exemption is in effect until the earliest of the following:

  1. (a) the date on which any one of the conditions set out in this exemption is breached; or
  2. (b) the date on which this exemption is canceled in writing by the Minister where he is of the opinion that the exemption is no longer in the public interest, or that it is likely to affect aviation safety.

 

Dated at Ottawa, Ontario this 12th day of January 2005, on behalf of the Minister of Transport.

Original signed by

Martin J. Eley
Director, Aircraft Certification
Civil Aviation

EXEMPTION FROM PARAGRAPH 513.07(1)(a) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 525.785(b) OF THE AIRWORTHINESS MANUAL

APPENDIX A

Canadian Aviation Regulations 513

Approval of Modifications and Repair Designs

513.07(1)(a) An applicant for a supplemental type certificate, a limited supplemental type certificate or a change to these certificates shall show that the changed aeronautical product meets the standards of airworthiness that are in force on the date of application for the proposed change.
(amended 2003/06/05)

Airworthiness Manual Section 525

(at Change 525-9.1)

525.785 Seats, Berths, Safety Belts, and Harnesses

  1. Each seat, berth, safety belt, harness, and adjacent part of the aeroplane at each station designated as occupiable during take-off and landing must be designed so that a person making proper use of these facilities will not suffer serious injury in an emergency landing as a result of the inertia forces specified in 525.561 and 525.562.

Emergency Landing Conditions

525.561 General
  1. The aeroplane, although it may be damaged in emergency landing conditions on land or water, must be designed as prescribed in this section to protect each occupant under those conditions.
  2. The structure must be designed to give each occupant every reasonable chance of escaping serious injury in a minor crash-landing when:
    1. Proper use is made of seats, belts, and all other safety design provisions;
    2. The wheels are retracted (where applicable); and
    3. The occupant experiences the following ultimate inertia forces acting separately relative to the surrounding structure:
      1. Upward 3.0g.
      2. Forward 9.0g.
      3. Sideward, 3.0g on the airframe; and 4.0g on the seats and their attachments.
      4. Downward, 6.0g.
      5. Rearward, 1.5g.
  3. For equipment, cargo in the passenger compartments and any other large masses, the following apply:
    1. Except as provided in paragraph (c)(2) of this section, these items must be positioned so that if they break loose they will be unlikely to:
      1. Cause direct injury to occupants;
      2. Penetrate fuel tanks or lines or cause a fire or explosion hazard by damage to adjacent systems; or
      3. Nullify any of the escape facilities provided for use after an emergency landing.
    2. When such positioning is not practical (e.g. fuselage mounted engines or auxiliary power units) each such item of mass shall be restrained under all loads up to those specified in paragraph (b)(3) of this section. The local attachments for these items should be designed to withstand 1.33 times the specified loads if these items are subject to severe wear and tear through frequent removal (e.g. quick change interior items).
  4. Seats and items of mass (and their supporting structure) must not deform under any loads up to those specified in paragraph (b)(3) of this section in any manner that would impede subsequent rapid evacuation of occupants.

525.562 Emergency Landing Dynamic Conditions
  1. The seat and restraint system in the aeroplane must be designed as prescribed in this section to protect each occupant during an emergency landing condition when:
    1. Proper use is made of seats, safety belts, and shoulder harnesses provided for in the design; and
    2. The occupant is exposed to loads resulting from the conditions prescribed in this section.
  2. Each seat type design approved for crew or passenger occupancy during take-off and landing must successfully complete dynamic tests or be demonstrated by rational analysis based on dynamic tests of a similar type seat, in accordance with each of the following emergency landing conditions. The tests must be conducted with an occupant simulated by a 170-pound anthropomorphic test dummy, as defined by the USA 49 CFR Part 372, Subpart B, or its equivalent, sitting in the normal upright position.
    1. A change in downward vertical velocity (D v) of not less than 35 feet per second, with the aeroplane’s longitudinal axis canted downward 30 degrees with respect to the horizontal plane and with the wings level. Peak floor deceleration must occur in not more than 0.08 seconds after impact and must reach a minimum of 14g.
    2. A change in forward longitudinal velocity (D v) of not less than 44 feet per second, with the aeroplane’s longitudinal axis horizontal and yawed 10 degrees either right or left, whichever would cause the greatest likelihood of the upper torso restraint system (where installed) moving off the occupant’s shoulder, and with the wings level. Peak floor deceleration must occur in not more than 0.09 seconds after impact and must reach a minimum of 16g. Where floor rails or floor fittings are used to attach the seating devices to the test fixture, the rails or fittings must be misaligned with respect to the adjacent set of rails or fittings by at least 10 degrees vertically (i.e., out of Parallel) with one rolled 10 degrees.
  3. The following performance measures must not be exceeded during the dynamic tests conducted in accordance with paragraph (b) of this section:
    1. Where upper torso straps are used for crew members, tension loads in individual straps must not exceed 1,750 pounds. If dual straps are used for restraining the upper torso, the total strap tension loads must not exceed 2,000 pounds.
    2. The maximum compressive load measured between the pelvis and the lumbar column of the anthropomorphic dummy must not exceed 1,500 pounds.
    3. The upper torso restraint straps (where installed) must remain on the occupant’s shoulder during the impact.
    4. The lap safety belt must remain on the occupant’s pelvis during the impact.
    5. Each occupant must be protected from serious head injury under the conditions prescribed in paragraph (b) of this section. Where head contact with seats or other structure can occur, protection must be provided so that the head impact does not exceed a Head Injury Criterion (HIC) of 1,000 units. The level of HIC is defined by the equation:




      t1 is the initial integration time,
      t2 is the final integration time, and
      a(t) is the total acceleration vs. time curve for the head strike, and where:
      (t) is in seconds, and (a) is in units of gravity (g).

       
    6. Where leg injuries may result from contact with seats or other structure, protection must be provided to prevent axially compressive loads exceeding 2,250 pounds in each femur.
    7. The seat must remain attached at all points of attachment, although the structure may have yielded.
    8. Seats must not yield under the tests specified in paragraphs (b)(1) and (b)(2) of this section to the extent they would impede rapid evacuation of the aeroplane occupants.
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