EXEMPTION FROM PARAGRAPH 513.07(1)(a) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 525.813(e) OF THE AIRWORTHINESS MANUAL

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 Bombardier Inc., 400 Cote Vertu Road West, Dorval, Quebec, Canada H4S 1Y9 from the requirements of the Canadian Aviation Regulation (CARs) 513.07(1)(a) only with respect to the requirements of paragraph 525.813(e) of the Airworthiness Manual.               

Paragraph 525.813(e) of the Airworthiness Manual requires that no door be installed in any partition between passenger compartments in 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 permit Bombardier Inc. to install a door in a partition between passenger compartments on any BD700-1A11 aeroplane, for the purpose of private operator passenger transportation pursuant to CAR 604 or on-demand air transport service pursuant to CAR 704.

Application

This exemption applies to Bombardier Inc., only for the installation of a door in a partition between passenger compartments on any BD700-1A11 aeroplane (Type-Certificate No. A-177), with a maximum of 19 passengers, for the purpose of private operator passenger transportation, pursuant to CAR 604 or on-demand air transport service pursuant to CAR 704.

Conditions

This exemption is subject to the following conditions:

  1. When operated under CAR 704, the “on-demand” client shall not sub-charter the aeroplane to a third party or charge or accept remuneration from any third party for air transportation services.
  2. No more than one partition of the passenger seating area, which incorporates a door, shall be permitted.
  3. The door between passenger compartments shall translate laterally to open and close;
  4. The door between passenger compartments shall be frangible;
  5. The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have dual means to retain it in the open position, each of which is capable of reacting the inertia loads specified in AWM 525.561;
  6. The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have a means to signal to the flight crew in a timely manner when the cabin door(s) is (are) not latched open.  This feature shall be integrated with the existing Engine Indicating and Crew Alerting System (EICAS). Appropriate procedures/limitations to ensure that take-off and landing is prohibited, when any such door is not in the proper take-off and landing configuration, shall be established;
  7. The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall be operable from either side and if a locking mechanism is installed, it shall be capable of being unlocked from either side without the aid of special tools;
  8. Where the door is to be installed in specified egress paths, a Supplement to the Aeroplane Flight Manual shall be developed containing:
    1. Instruction on the door operation, including its frangibility feature, and
    2. a limitation specifying that the aeroplane is limited to private operator passenger transportation pursuant to CAR 604 or on-demand air transport service pursuant to CAR 704 and shall comply with the applicable operational regulations, standards, policies and authorities, and
    3. instruction regarding the briefing of passengers in accordance with the applicable operational requirements CAR 604.18 or CAR 704.34. The briefing shall include the information from the AFM Supplement required at (h)(1) above.

Validity

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

  1. The date on which any one of the conditions set out in this exemption is breached; or
  2. the date on which this exemption is cancelled 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, Canada, this 15th day of December 2004, 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 525.813(e) 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)

525.813 Emergency Exit Access

Each required emergency exit must be accessible to the passengers and located where it will afford an effective means of evacuation. Emergency exit distribution must be as uniform as practical, taking passenger distribution into account; however, the size and location of exits on both sides of the cabin need not be symmetrical. If only one floor level exit per side is prescribed, and the aeroplane does not have a tail cone or ventral emergency exit, the floor level exit must be in the rearward part of the passenger compartment, unless another location affords a more effective means of passenger evacuation. Where more than one floor level exit per side is prescribed, at least one floor level exit per side must be located near each end of the cabin, except that this provision does not apply to combination cargo/passenger configurations. In addition:

e) No door may be installed in any partition between passenger compartments.

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