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 Côte-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 that flight crew emergency exits and overwing passenger emergency exits have a means for viewing the likely areas of evacuee ground contact under all lighting conditions, with landing gear extended or in all conditions of landing gear collapse, and that non-overwing passenger emergency exits have a means for viewing the likely areas of evacuee ground contact under dark-of-night conditions in all conditions of landing gear collapse, as required by paragraph 525.809(a) of the Airworthiness Manual (AWM), subject to the conditions specified herein.
Paragraph 521.31(1)(d) of the CARs specifies standards of airworthiness for the issuance of a type certificate in respect of an aeronautical product.
Paragraph 525.809(a) of the AWM establishes requirements for emergency exit arrangement, including provision of a means to view conditions outside the exit when it is closed, and a means for viewing the likely areas of evacuee ground contact.
The details of the above provisions are provided in Appendix A to this exemption.
For the purposes of this exemption:
“Passenger emergency exit” means an emergency exit other than a flight crew emergency exit.
“Under all lighting conditions” means daylight and dark-of-night conditions.
This exemption applies to a pilot-in-command of IFR aircraft operated by the holder of an air operator certificate or a temporary private operator certificate and who meets all the requirements set out in Appendix A of this exemption.
This exemption authorizes the issuance of the corresponding type certificate to Bombardier for its Bombardier CSeries aeroplane models BD-500-1A10 (CS100) and BD-500-1A11 (CS300) which contain design features that do not comply with the applicable AWM requirements; namely, (a) in the case of overwing passenger emergency exits and the overhead flight crew emergency exit that do not allow viewing of the likely areas of evacuee ground contact in any lighting conditions with the landing gear extended as well as., and (b) in the case of non-overwing passenger emergency exits that do not allow viewing of the likely areas of evacuee ground contact in dark-of-night conditions with the landing gear in any condition of collapse.
This exemption applies to Bombardier only as part of the basis of certification for a type certificate for the Bombardier CSeries aeroplane models BD-500-1A10 (CS100) and BD-500-1A11 (CS300).
This exemption does not relieve the requirement for non-overwing passenger emergency exits to have a means to view the likely areas of evacuee ground contact under all lighting conditions when the landing gear is extended, or to view the likely areas of evacuee ground contact in daylight conditions and in all conditions of landing gear collapse.
The remaining requirements of AWM 525.809(a) must be complied with.
This exemption is subject to Bombardier complying with the following conditions:
If aeroplane-mounted exterior illumination is not available under emergency conditions to view outside the flight deck windows, Bombardier shall provide as part of the type design portable illumination capable of providing outside visibility under dark-of-night conditions and that is readily accessible to either flight crew member.
For non-overwing passenger emergency exits, Bombardier shall provide the means for viewing the likely areas of evacuee ground contact required by AWM 525.809(a) with the exit closed.
This exemption is in effect until the earliest of the following:
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 she is of the opinion that the exemption is no longer in the public interest, or that it is likely to affect adversely aviation safety.
DATED at Ottawa, Ontario, Canada this 22nd day of August, 2013, on behalf of the Minister of Transport.
Director, National Aircraft Certification
CANADIAN AVIATION REGULATIONS
Part V - Airworthiness
Subpart 21 – Division II - Approval of the Type Design
or a Change to the Type Design of an Aeronautical Product
Section 521.31 – Standards of Airworthiness
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 D - Design and Construction
Paragraph 525.809(a) – Emergency Exit Arrangement
(a) Each emergency exit, including a flight crew emergency exit, shall be a movable door or hatch in the external walls of the fuselage, allowing unobstructed opening to the outside. In addition, each emergency exit shall have a means to permit viewing of the conditions outside the exit when the exit is closed. The viewing means may be on or adjacent to the exit provided no obstructions exist between the exit and the viewing means. Means shall also be provided to permit viewing of the likely areas of evacuee ground contact. The likely areas of evacuee ground contact shall be viewable during all lighting conditions with the landing gear extended as well as in all conditions of landing gear collapse.