Pursuant to section 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 adversely affect aviation safety, I hereby exempt Bombardier Inc., 400 Cote-Vertu Road West, Dorval, Québec, Canada (hereinafter “Bombardier”) from the requirements of 521.31(1)(d) of the Canadian Aviation Regulations (CARs) only with respect to the requirements of paragraph 525.981(a)(3) of the Airworthiness Manual (AWM),subject to the conditions specified below.
Paragraph 521.31(1)(d) of the CARs specifies the standards of airworthiness for the issuance of a type certificate in respect of an aeronautical product.
Paragraph 525.981(a)(3) of the AWM establishes design requirements for fuel tank ignition prevention.
The details of the above provisions are provided in Appendix A to this exemption.
The purpose of this exemption is to permit Bombardier to continue to hold a valid type certificate (No. A-131) that includes the CL-600-2E25 (CRJ-1000) model aeroplane, without a complete showing of compliance to paragraph 525.981(a)(3) of the AWM, where the structural aspects of the fuel tank system have not yet been demonstrated to have two independent means of lightning protection.
This exemption is an extension in the time limit for showing compliance to that which was previously allowed under exemption NCR/RCN #080-2010 issued on 2 November 2010 and expiring on 29 October 2012. This exemption allows Bombardier additional time to complete the necessary certification program, including design, testing, analysis and documentation to show compliance with AWM 525.981(a)(3).
This exemption applies to Bombardier only as part of the basis of certification for the CL-600-2E25 (CRJ-1000) aeroplane, as identified on revised Transport Canada Type Certificate No. A‑131.
This exemption is subject to Bombardier complying with all of the following conditions:
- Bombardier shall submit to the Minister for approval, on or before October 29, 2012 or any other date agreed to in writing by the Minister before this date, any currently identified critical design configuration control limitations (CDCCL), inspections and procedures to be included in the Airworthiness Limitations section of the Instructions for Continued Airworthiness (ICA) that have been established as necessary to preclude development of ignition sources within the fuel tank system in accordance with AWM 525.981(a) and as required by AWM 525.1529 and Appendix H525.4 [Change 525-12];
- Bombardier shall submit to the Minister on or before March 31, 2013 or any other date agreed to in writing by the Minister before this date, a test plan and schedule, supporting the deliverables outlined in conditions 3 and 4 below;
- Bombardier shall show compliance to AWM 525.981(a)(3) [Change 525-12], on or before October 29, 2015, for the complete fuel tank system and its structure;
- Bombardier shall submit to the Minister for approval, on or before October 29, 2015, any additional design configuration control limitations (CDCCL), inspections and procedures than were already submitted under condition 1 above, to be included in the Airworthiness Limitations section of the ICA that are established as necessary to preclude development of ignition sources within the fuel tank system in accordance with AWM 525.981(a) and as required by AWM 525.1529 and Appendix H525.4 [Change 525-12].
This exemption is in effect until the earliest of the following:
October 29, 2015 at 23:59 EDT;
The date on which any of the conditions set out in this exemption is breached;
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 adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada this 29th day of October, 2012 , on behalf of the Minister of Transport.
Original signed by
Director, National Aircraft Certification
CANADIAN AVIATION REGULATION
Part V – Airworthiness
Subpart 21 – Division IV – Changes to a Type Design
521.31(1) For the issuance of a type certificate in respect of an aeronautical product, the standards of airworthiness, including the aircraft categories set out in subsection 521.27(1), are those specified in the following chapters of the Airworthiness Manual, as applicable:
(d) Chapter 525 — Transport Category Aeroplanes;
Chapter 525 – Transport Category Aeroplanes
Subchapter E – Powerplant
Section 525.981(a)(3) – Fuel Tank Ignition Prevention [Change 525-12]
(a) No ignition source may be present at each point in the fuel tank or fuel tank system where catastrophic failure could occur due to ignition of fuel or vapours. This shall be demonstrated by:
(3) Demonstrating that an ignition source could not result from each single failure, from each single failure in combination with each latent failure condition not shown to be extremely remote, and from all combinations of failures not shown to be extremely improbable. The effects of manufacturing variability, aging, wear, corrosion, and likely damage shall be considered.