EXEMPTION FROM SECTION 521.158 OF THE CANADIAN
AVIATION REGULATIONS AND PARAGRAPH 25.813(e) OF THE UNITED STATES OF AMERICA FEDERAL AVIATION REGULATIONS (FAR) PART 25.
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 affect aviation safety, I hereby exempt Innotech Aviation (hereinafter “Innotech”), 10225 Ryan Avenue, Dorval, Quebec, H9P 1A2, Canada from the requirements set out in section 521.158 of the Canadian Aviation Regulations (CARs) only with respect to the requirements of paragraph 25.813(e) of the United States of America Federal Aviation Regulations (FAR) part 25.
Paragraph 25.813(e) of FAR part 25 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 allow any Bombardier BD-700-1A10 (Global Express) aeroplane to be configured with a door in a partition between passenger compartments, such that the emergency exit access requirements of the applicable standards contained in the AWM are not met, for the purpose of private operator passenger transportation pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704, and to issue the corresponding Supplemental Type Certificates (STCs) to Innotech.
APPLICATION
This exemption applies to Innotech only as part of the basis of certification for an STC applied for by Innotech, that approves the installation of a door in a partition between passenger compartments on any Bombardier BD-700-1A10 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
The granting of this exemption is subject to Innotech to comply with the following conditions:
- No more than one partition of the passenger seating area that incorporates a door shall be permitted;
- The door between passenger compartments shall translate laterally to open and close;
- The door between passenger compartments shall be frangible;
- 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 section 25.561 of FAR part 25;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have a means to signal the flight crewmembers in a timely manner when the door(s) is (are) not latched open for take-off and landing. This feature shall be integrated with the existing Engine Indicating and Crew Alerting System (EICAS);
- Appropriate procedures/limitations shall be established to ensure that take-off and landing is prohibited when any such door is not in the proper take-off and landing configuration;
- 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; and
- Where the door is to be installed in specified egress paths, a Supplement to the Aeroplane Flight Manual (AFM) shall be furnished containing:
- instruction on the door operation, including its frangibility feature;
- 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 complies with all applicable operational regulations, standards, policies and authorities; and
- 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; and
- instruction regarding the briefing of passengers that shall include the information on the door operation, including its frangibility feature. The instructions shall also be in accordance with any applicable operational requirements (e.g. Business Aviation – Operational Safety Standards System (BA-OSSS) as published by the Canadian Business Aviation Association (CBAA) or CAR 704.34).
VALIDITY
This exemption is in effect until the earliest of the following:
- the date on which any one of the conditions set out in this exemption is breached; or
- 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 12 day of April 2010, on behalf of the Minister of Transport, Infrastructure and Communities.
<Original signed by>
David Turnbull
Director, National Aircraft Certification
Civil Aviation
Attachment – Appendix A
REGULATORY REQUIREMENTS
CANADIAN AVIATION REGULATIONS
Part V - Airworthiness
Subpart 21 – Approval of the Type Design
or a Change to the Type Design of an Aeronautical Product
Section 521.158 – Standards of Airworthiness
521.158 (1) Subject to subsections (2) to (9), an applicant for the approval of a change to the type design of an aeronautical product shall demonstrate that the product meets the standards of airworthiness recorded in the type certificate data sheets and in force on the date of the application for the change.
(a) the standards of airworthiness that are in force on the date of application for the proposed change…
…
(3) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) if the Minister determines that the change is not significant in the context of all previous relevant design changes and of all related amendments to the applicable standards recorded in the type certificate data sheets…
FEDERAL AVIATION REGULATIONS
Part 25 Airworthiness Standards: Transport Category Airplanes
Subpart D - Design and Construction - Emergency Provisions
Section 25.813 - Emergency exit access (at Amendment 25-88)
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 airplane does not have a tailcone 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.
Date: April 1, 2010
Assessment Paper
EXEMPTION FROM PARAGRAPH 521.158 OF THE CANADIAN
AVIATION REGULATIONS AND PARAGRAPH 25.813(e) OF THE UNITED STATES OF AMERICA FEDERAL AVIATION REGULATIONS (FAR) PART 25.
BACKGROUND
On 2 June 2008, Aero Consulting Services Ltd. (hereinafter “ACS”), on behalf of Innotech Aviation (hereinafter “Innotech”), submitted a request for exemption from the requirements of FAR part 25, Section 25.813, paragraph (e), to allow the installation of a door in a partition between passenger compartments on any BD-700-1A10 aircraft, for the purpose of private operator passenger transportation pursuant to CAR 604 or on-demand air transport service pursuant to CAR 704.
The BD-700-1A10 (Global Express) is designed to and includes as part of its Canadian basis of certification as identified in the Type Certificate Data Sheet No. A-177, the requirements of Airworthiness Manual (AWM) 525 at Change 6 and U.S. Federal Aviation Regulations FAR part 25, Amendments 25-80 through 25-86, Amendments 25-88 through 25-91 and Amendments 25-94, 25-96 and 25-97 for Transport Category aircraft that states in FAR part 25, section 25.813, paragraph (e) at Amendment 25-88, “No door may be installed in any partition between passenger compartments”.
In the past, Transport Canada has issued exemptions to Bombardier Completion Center Incorporated (BCCI), DECA Aviation Engineering Limited and Elisen Technologies Inc. to permit the installation of a sliding door in a partition between passenger compartments. The exemptions apply to any Canadian registered Global Express with a maximum of 19 passengers for the purpose of corporate operations pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704.
PUBLIC INTEREST
The Bombardier Aerospace Group is a major international corporation that provides business aircraft to an international market. They manufacture principally in Canada and the U.S.A. and maintain considerable employment in both countries directly and indirectly. For example, the aircraft manufactured by Bombardier are equipped with avionics and other specialized systems and equipment manufactured in North America.
The Bombardier Aerospace Group provides competition in the corporate aircraft market to manufacturers in Europe and elsewhere. The number of large corporate aircraft existing and predicted is rapidly growing and the majority of these aircraft are being designed, built, crewed and maintained in North America. Maintaining the market edge requires the provision of the features required by operators; for example, the installation of an interior door between passenger compartments to create a private area in corporate airplanes.
Innotech Aviation is a Canadian based company located in Montreal, Quebec, Canada, that is providing aircraft refurbishment and maintenance services and full green aircraft completions to an international market. Innotech Aviation provides considerable employment in Canada. The company is outfitting Bombardier BD-700-1A10 aircraft to compete with other corporate jets such as the Gulfstream GV and the Dassault Falcon 900EX, which are being offered with mid-cabin doors. Not being able to also install mid-cabin doors on the BD-700-1A10 aircraft refurbished or completed by Innotech will create a competitive disadvantage.
Mid-cabin doors are being requested by an increasing number of prospective aircraft operators. They compare the BD-700-1A10 aircraft with the products of European and other foreign aircraft manufacturers who are able to comply with this request. For example, the FAA issued exemptions to the Boeing 737-700IGW (737-BBJ), the French Dassault Aviation Mystere-Falcon 900 and Falcon 900EX and also the Bombardier Global Express aircraft that allow operators of these aircraft equipped with a mid-cabin door to lease the aircraft to another party in accordance with a time sharing agreement pursuant to FAR 91.501.
The inability to offer this feature would create a significant competitive disadvantage for Canadian operators, Bombardier and Innotech. For this reason, Transport Canada previously issued exemptions to Bombardier, DECA and ELISEN respectively to permit operation of Global Express and Global 5000 aeroplanes equipped with a mid-cabin door for the purpose of corporate operations pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704.
STRATEGIC ENVIRONMENTAL ASSESSMENT
In accordance with SI REG-004 issue 01, a Strategic Environmental Assessment (SEA) Preliminary Scan was conducted by International Aviation (AARBJ) to determine whether and how the exemption will impact the environment. It was determined that the exemption is not likely to have important environmental effects and that a detailed analysis is not required. The results are presented in a Preliminary Scan Report (RDIMS # 4408829 V1).
AVIATION SAFETY
ACS on behalf of Innotech requests the same exemption previously granted to BCCI, DECA and ELISEN and does not raise any new concerns with regards to the installation of an interior door between passenger compartments.
As with previous requests for the same exemption, Transport Canada considered the applicants request and concluded that with the exemption from compliance with (former) CAR 513.07(1)(a) in place, now CAR 521.158, and with the low number of passengers carried and the requirement for a flight attendant on all passenger flights, a level of safety comparable to that required for airline aircraft would be provided. Furthermore, the affected aeroplane would never be operated in scheduled passenger service nor would it carry the average (naïve) airline passenger. Therefore, the requested door installation would have no adverse effect on the traveling public, nor the public at large.
CONDITIONS
The granting of this exemption is subject to Innotech to comply with the following conditions:
- No more than one partition of the passenger seating area that incorporates a door shall be permitted;
- The door between passenger compartments shall translate laterally to open and close;
- The door between passenger compartments shall be frangible;
- 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 section 25.561 of FAR part 25;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have a means to signal the flight crewmembers in a timely manner when the door(s) is (are) not latched open for take-off and landing. This feature shall be integrated with the existing Engine Indicating and Crew Alerting System (EICAS);
- Appropriate procedures/limitations shall be established to ensure that take-off and landing is prohibited when any such door is not in the proper take-off and landing configuration;
- 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; and
- Where the door is to be installed in specified egress paths, a Supplement to the Aeroplane Flight Manual (AFM) shall be furnished containing:
- instruction on the door operation, including its frangibility feature;
- 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 complies with all applicable operational regulations, standards, policies and authorities; and
- 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; and
- instruction regarding the briefing of passengers that shall include the information on the door operation, including its frangibility feature. The instructions shall also be in accordance with any applicable operational requirements (e.g. Business Aviation – Operational Safety Standards System (BA-OSSS) as published by the Canadian Business Aviation Association (CBAA) or CAR 704.34).
FINAL DISPOSITION
Transport Canada Civil Aviation does not intend to initiate any unilateral amendment to the current requirements of either FAR part 25, paragraph 25.813(e), or corresponding paragraph 525.813(e) of the Airworthiness Manual. Further exemption requests will be handled on an individual basis.
In 2007, the FAA published a Notice of Proposed Rulemaking (NPRM), Notice No. 07-13, proposing to amend the airworthiness standards for transport category airplanes by adding new cabin interior criteria for operators of private use airplanes. The proposed standards would supplement the requirements for operation under the air traffic and general operating rules and are intended to provide alternative criteria for transport category airplanes that are operated for private use while continuing to provide an acceptable level of safety for those operations. For instance, the proposal would allow interior doors, but to be acceptable, a number of features would have to be incorporated in the design and operational procedures.
The FAA has since promulgated the final rule as SFAR No.109. Transport Canada Civil Aviation is reviewing the final rule and considering putting forward a Notice of Proposed Amendment (NPA) to incorporate parallel certification criteria into the CAR and/or AWM, as appropriate.
VALIDITY
This exemption will be in effect until the earliest of the following:
a. the date on which any of the conditions set out in this exemption is breached; or
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.
REFERENCE DOCUMENTATION
Exemption Request from Aero Consulting Services Ltd. requesting that exemption be issued to Innotech Aviation, dated 2 June 2008.
SEA Preliminary Scan Report, RDIMS # 4408829 V1.
FAA Exemption Nos. 7455, dated 7 March 2001, 7668, dated 27 November 2001 and 6820A, dated 17 February 1999 from the requirements of FAR 25.813(e).
FAA NPRM No. 07-13, published in the Federal register/ Volume 72, No. 134, dated July 13, 2007.
Quote from FAA Exemption 7455
regarding the installation of Mid-Cabin doors in the Global Express
“After considerable deliberation, the FAA has concluded that the installation of interior doors, with certain limitations, can be accepted. In order to maximize the level of safety, the FAA will require that certain limitations, including some as proposed by the petitioner, be made mandatory to permit such installations. As noted previously, there are precedents for this decision involving other private use airplanes.
Finally, regarding the type of operation permitted under the terms of this exemption, the FAA notes that the petitioner refers to "non-scheduled" commercial operation. It should be noted that, whether or not operations are scheduled, this exemption does not permit fares to be collected in exchange for transportation. It is also the intent of this exemption that the airplane is not used to transport the general public (common carriage) even if fares are not collected. This exemption does not restrict one party from collecting fees from another party, as long as the airplane is operated for private use. That is, the airplane's owner may lease the airplane to another party, who in turn operates the airplane.
The Grant of Exemption
In consideration of the foregoing, I find that a grant of exemption is in the pubic interest and will not adversely affect the level of safety provided by the regulations. Therefore,
pursuant to the authority contained in 49 U.S.C. 40113 and 44701, delegated to me by the Administrator (14 CFR Section 11.53), the petition of Garrett Aviation/The Jet Center for an exemption from the requirements of 14 CFR Section 25.813(e), to allow installation of interior doors between passenger compartments, on the BD-700-1A10 airplane, is hereby granted, with the following provisions:
- The airplane is not operated for hire or offered for common carriage. This provision does not preclude the operator from receiving remuneration to the extent consistent with 14 CFR part 125 and 14 CFR part 91, subpart F, as applicable.
14 CFR Part 91 - GENERAL OPERATING AND FLIGHT RULES, Subpart F-Large and Turbine-Powered Multiengine Airplanes
FAR 91.501 Applicability.
…
(b) Operations that may be conducted under the rules in this subpart instead of those in parts 121, 129, 135, and 137 of this chapter when common carriage is not involved, include-
…
(6) The carriage of company officials, employees, and guests of the company on an airplane operated under a time-sharing, interchange, or joint ownership agreement as defined in paragraph (c) of this section;
(c) As used in this section-
(1) A "time sharing agreement" means an arrangement whereby a person leases his airplane with flight crew to another person, and no charge is made for the flights conducted under that arrangement other than those specified in paragraph (d) of this section;
…
(d) The following may be charged, as expenses of a specific flight, for transportation as authorized by paragraphs (b) (3) and (7) and (c)(1) of this section:
- Fuel, oil, lubricants, and other additives.
- Travel expenses of the crew, including food, lodging, and ground transportation.
- Hangar and tie-down costs away from the aircraft's base of operation.
- Insurance obtained for the specific flight.
- Landing fees, airport taxes, and similar assessments.
- Customs, foreign permit, and similar fees directly related to the flight.
- In flight food and beverages.
- Passenger ground transportation.
- Flight planning and weather contract services.
- An additional charge equal to 100 percent of the expenses listed in paragraph (d)(1) of this section.”
CAR Interpretations
"on demand" - means an air transport service where the date, time and place(s) of departure and arrival are negotiated directly between a client and the air operator. [CAR 724 Division I – General, Definitions]
"air transport service" - means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points. [CAR 101.01 Interpretation]
- Date de modification :