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 DECA Aviation Engineering Limited, 7050 Telford Way, Suite 200, Mississauga, Ontario, Canada, L5S 1V7 from the requirements of section 521.158 of the Canadian Aviation Regulations (CAR) only with respect to the requirements stated in paragraph 25.787(a) of the Federal Aviation Regulations (FAR) or Title 14 of the Code of Federal Regulations (14 CFR) part 25 of the United States of America, subject to the conditions specified herein.
Section 521.158 of the CAR specifies standards of airworthiness for the issuance of a design approval in respect of a change to an aeronautical product.
14 CFR 25.787(a) establishes the requirements regarding the certification of Transport Category aeroplanes to have enclosed stowage provisions in the cabin area if the aeroplane has a passenger seating configuration, excluding pilots seats, of 10 seats or more. Each stowage compartment in the passenger cabin, except for underseat and overhead compartments for passenger convenience, must be completely enclosed to act as a barrier for compartment content, preventing it from injuring occupants under all limit loads required by the airworthiness standards.
The details of the above provisions are provided in Appendix A of this exemption.
The purpose of this exemption is to allow DECA Aviation Engineering Limited to modify a Bombardier Inc. model DHC-8-315 aeroplane, Serial Number 609, to a Medivac configuration that uses a net to enclose the stowage area in the passenger cabin rather than a solid partition, such that the stowage area enclosure requirements of the applicable standards in 14 CFR part 25 for aeroplanes with passenger seating of 10 or more are not met.
This exemption applies to DECA Aviation Engineering Limited only as part of the basis of certification for serialized Supplemental Type Certificate No. Q-LSA15-014/D, which approves the Medivac Configuration/Conversion installation on the Bombardier model DHC-8-315 aeroplane.
This exemption is subject to DECA Aviation Engineering Limited complying with the following conditions:
- The following limitations shall be furnished as part of an Aeroplane Flight Manual Supplement:
- The aeroplane is to be operated only in the role of medivac support;
- The aeroplane is to be operated with crew and personnel appropriately trained in the features and use of the aft stowage area;
- The dimensions of items to be placed in the aft stowage area shall be no less than 12” cubed (12x12x12); each face must have a minimum dimension of 12”. Placards in the stowage area shall state this size limit. At least one of those placards shall contain a 12” ruler and be visible even when the stowage area is loaded (for example on the floor at the access point to the stowage area, around X:660);
- The contents to be placed in the aft stowage area shall be controlled by the trained crew or personnel for content dimension and suitability (such as structural considerations);
- Access to the stowage area and its content shall be limited to trained crew or personnel. The net shall remain secured at all times when the aft stowage area is not being accessed.
- A supplement to the Maintenance Manual shall be prepared in accordance with 14 CFR 25.1529 and shall include the information essential to maintain the aft stowage area and its net in a condition for safe operation.
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; or
- The date on which this exemption is canceled 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 adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada this 10th day of July, 2015 on behalf of the Minister of Transport.
“Original signed by”
Director, National Aircraft Certification
Attachment – Appendix A
CANADIAN AVIATION REGULATIONS
Part V - Airworthiness
Subpart 21 – Division IV - Changes to a Type Design
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.
(2) The certification basis for the issuance of a repair design approval or a part design approval is that recorded in the type certificate data sheets, and includes any special conditions referred to in subsection (7).
(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. The change is significant if
(a) the general configuration or principles of construction are not retained; or
(b) the assumptions used in obtaining the type certificate for the aeronautical product do not remain valid.
(4) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) in respect of an area, system, component, item of equipment or appliance if the Minister determines that the area, system, component, item of equipment or appliance
(a) is not affected by the change; or
(b) is affected by the change, but conformity with a standard referred to in subsection (1) would not contribute materially to the level of safety or would not be practical.
(5) In respect of an area, system, component, item of equipment or appliance that is affected by a change, a standard referred to in subsection (3) or (4) may not predate a standard that is recorded in the type certificate data sheets or
(a) in the case of a normal, utility, aerobatic and commuter category aeroplane, the standards set out in section 523.2 of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes of the Airworthiness Manual;
(b) in the case of a transport category aeroplane, the standards set out in section 525.2 of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual;
(c) in the case of a normal category rotorcraft, the standards set out in section 527.2 of Chapter 527 — Normal Category Rotorcraft of the Airworthiness Manual; and
(d) in the case of a transport category rotorcraft, the standards set out in section 529.2 of Chapter 529 — Transport Category Rotorcraft of the Airworthiness Manual.
(6) The standards of airworthiness that apply in respect of a change to the type design of an aircraft, other than a rotorcraft, having a MCTOW of 2 720 kg (6,000 pounds) or less, or of a non-turbine rotorcraft having a MCTOW of 1 360 kg (3,000 pounds) or less, are those recorded in the type certificate data sheets, unless the Minister determines that
(a) the change is significant and requires compliance with an amendment to the standards that are recorded in the type certificate data sheets and that apply in respect of the change and with any other standards that are directly related to the change; and
(b) compliance with the amendment referred to in paragraph (a) would contribute materially to the level of safety and would be practical.
(7) An applicant for the approval of a change to the type design of an aeronautical product having a novel or unusual design feature shall comply with any special conditions that are necessary to ensure that the change provides a level of safety equivalent to that provided by the applicable certification basis determined under subsections (1) to (6), (8) and (9).
(8) If a change is made to the type design of a restricted category aircraft, or if a change to the type design of an aircraft results in the aircraft being reclassified as a restricted category aircraft, that aircraft must meet
(a) the standards of airworthiness referred to in section 521.31 applicable to that category of aircraft that are in force on the date of the application for the change; or
(b) the standards of airworthiness recorded in the type certificate data sheets, or an earlier amendment to a standard referred to in paragraph (a), if the standards or the amendment provide a level of safety appropriate for the intended use of that aircraft.
(9) An applicant for the approval of a change to the type design of an aeronautical product may elect to include in the certification basis a later amendment to the standards of airworthiness specified in subsection (1), on the condition that the applicant comply with any other amendment that is directly related to those standards.
FEDERAL AVIATION REGULATIONS
Part 25 – Airworthiness Standards: Transport Category Airplanes
Subpart D - Design and Construction - Personnel and Cargo Accommodations
Section 25.787(a) at Amendment 25-51
§ 25.787 Stowage compartments.
(a) Each compartment for the stowage of cargo, baggage, carry-on articles, and equipment (such as life rafts), and any other stowage compartment must be designed for its placarded maximum weight of contents and for the critical load distribution at the appropriate maximum load factors corresponding to the specified flight and ground load conditions, and to the emergency landing conditions of Sec. 25.561(b), except that the forces specified in the emergency landing conditions need not be applied to compartments located below, or forward, of all occupants in the airplane. If the airplane has a passenger seating configuration, excluding pilots seats, of 10 seats or more, each stowage compartment in the passenger cabin, except for underseat and overhead compartments for passenger convenience, must be completely enclosed.
- Date de modification :