EXEMPTION FROM SECTION 705.104 OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to subsection 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 WestJet Airlines,  27 Aerial Place NE, Calgary, Alberta, from the requirements set out in section 705.104 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Section 705.104 of the CAR is detailed in Appendix A to this exemption.

INTERPRETATION

The following words have the same meaning as in section 101.01 of the CAR:

 “crew member” means a person assigned to duty in an aircraft during flight time;

 “flight attendant” means a crew member, other than a flight crew member, who has been assigned duties in the interest of the passengers in a passenger-carrying aircraft;

“passenger” means a person, other than a crew member, who is carried on board an aircraft.

For the purposes of this exemption:

“extended over-water operations” means with respect to aircraft other than helicopters, operations over water at a horizontal distance of more than 50 nautical miles from the nearest shoreline.

 “Series” means those aircraft with a single type certificate that have a specific derivative designation, usually defined by the manufacturer, and that usually result in an amended type certificate (i.e. B737-600, B737-700, B737-800).

PURPOSE

This exemption authorizes WestJet Airlines when operating pursuant to subpart 705 of the CARs to operate each aeroplane of its fleet with at least one flight attendant for each unit of 50 passenger seats (or portion thereof) installed on the same deck of the aeroplane.

APPLICATION

This exemption applies to WestJet Airlines when operating pursuant to subpart 705 of the CARs and carrying passengers on board an aeroplane.

 

CONDITIONS

This exemption is subject to the following conditions:

  1. Prior to operating pursuant to this exemption, WestJet shall amend its company operations manual, flight attendant manual and crew member training programs to include all amendments set out in this exemption, including but not limited to:

    1. emergency equipment and procedures;

    2. demonstration of emergency evacuation procedures – partial demonstration;

    3. demonstration of emergency evacuation procedures – ditching demonstration;

    4. designation of in-charge flight attendant;

    5. in-charge flight attendant training;

    6. flight attendant qualifications;

    7. passenger and cabin safety procedures; and

    8. crew member briefing.

  2. WestJet shall operate its entire fleet in compliance with the conditions of this exemption.

  3. WestJet shall establish procedures that, when passengers are on board an aeroplane, require:

    1. every automatically deployable means for the emergency evacuation of passengers be ready for evacuation during the movement of the aircraft on the surface; and

    2. at least one floor-level exit be provided for the egress of passengers through normal or emergency means prior to the movement of the aircraft on the surface.

  4. Prior to operating pursuant to this exemption, WestJet shall submit its amended company operations manual, flight attendant manual and crew member training programs to the Minister for approval.

  5. Prior to operating pursuant to this exemption, WestJet shall apply for an amendment to its air operating certificate cancelling current Operation Specification 069 – Flight Attendant Requirements.

  6.  Prior to operating pursuant to this exemption, WestJet shall submit an amendment to the aeroplane minimum equipment list removing relief for unserviceable emergency exits and escape slides (passenger-carrying operations) for the Boeing 737-600/700/800 series aeroplanes.

  7. WestJet’s operating certificate shall not contain Operation Specification 069 nor Authorization 705.104, Flight Attendant Requirements of the ICAO Operating Certificate and the relief for unserviceable emergency exits and escape slides (passenger-carrying operations) for the Boeing 737 -600/700/800 series aeroplanes.

  8. Prior to operating pursuant to this exemption, WestJet shall apply for and obtain authority from the Minister to conduct an actual or partial emergency evacuation demonstration to validate its emergency procedures.

  9. WestJet shall operate each aeroplane with at least one flight attendant for each unit of 50 passenger seats (or portion thereof) installed on the same deck of the aeroplane.

  10. WestJet shall ensure that each aeroplane configured with more than 50 passenger seats meets the emergency equipment and emergency exit requirements set out in Appendix B to this exemption.

  11. Prior to operating pursuant to this exemption, WestJet shall conduct a demonstration of its emergency evacuation procedures prior to conducting passenger-carrying operations:

    1. in accordance with the test criteria and procedures set out in Appendix J of Chapter 525 of the Airworthiness Manual; and

    2. in such a way that the maximum number of passengers and the required crew members are evacuated from the aeroplane within 90 seconds;

      except where

    3. any Canadian air operator has already conducted a demonstration of the model of the aeroplane to the standard set out in 11(a) and 11(b);

    4. at the time of the aeroplane’s type certification, the aeroplane complied with:

      1. section 25.803 of the Federal Aviation Regulations in effect on or after December 1, 1978,

      2. section 25.803 of the Joint Airworthiness Requirements in effect on or after November 30, 1981,

      3. section 25.803 of the European Aviation Safety Agency Certification Specifications in effect on or after October 17, 2003, or

      4. section 525.803 of the Airworthiness Manual in effect on or after July 1, 1986;

    5. the Minister is provided with a combination of analysis and testing data that shows that the requirements set out in 11(a) and 11(b) would be met without a demonstration being conducted; or

    6. on January 1, 2006, the aeroplane had a Canadian type certificate.

  12. WestJet shall conduct a partial demonstration of its emergency evacuation procedures, prior to conducting passenger-carrying operations:

    1. in accordance with the following criteria:

      1. without passengers;

      2. with flight attendants selected by the Minister who have successfully completed the WestJet approved training program for that model of aeroplane;

      3. using the WestJet normal and emergency operating procedures; and

      4. with exits and slides that are selected by the Minister;

    2. in the case where, either

      1. a new model of aeroplane is introduced into their passenger-carrying operations;

      2. the number, location, emergency evacuation duties or procedures of flight attendants are changed on a model that is already in their passenger-carrying operations; or

      3. the number, location, type of emergency exit, or type of opening mechanism of an emergency exit is changed on a model that is already in their passenger-carrying operations; and

    3. to the extent that shows that the flight attendants can, within 15 seconds;

      1. open 50 percent of the required floor-level emergency exits;

      2. open 50 percent of the non-floor-level emergency exits whose opening has been assigned as an emergency evacuation duty in the flight attendant manual; and

      3. deploy 50 percent of the escape slides.

  13. Where WestJet intends to conduct extended over-water operations with an aeroplane with passengers on board, WestJet shall apply and obtain authority from the Minister to conduct a ditching demonstration.

  14. Prior to operating a land aeroplane in extended over-water operations or an aeroplane that is required to have equipment for survival under subsection 602.62(2) or section 602.63 of the CAR, WestJet shall conduct a demonstration to the Minister of its emergency evacuation procedures for each type and model of aeroplane in a simulated ditching:

    1. in accordance with the following criteria:

      1. the demonstration assumes that daylight hours exist outside the aeroplane, and that all required crew members are available for the demonstration;

      2. if  WestJet’s manual requires the use of passengers to assist in the launching of life rafts, the needed passengers are on board the aeroplane and participate in the demonstration according to the manual;

      3. a stand is placed at each emergency exit and wing, with the top of the platform at a height simulating the water level of the aeroplane following a ditching;

      4. after the ditching signal has been received, each evacuee dons a life preserver according to WestJet’s manual;

      5. each life raft and slide raft is launched and inflated, according to WestJet’s manual, and all other required emergency equipment is placed in rafts;

      6. each evacuee enters a life raft, and the crew members assigned to each life raft indicates the location of emergency equipment aboard the raft and describe its use, and

    2. using either;

      1. the aeroplane,

      2. a mock-up of the aeroplane where;

        1. the mock-up of the aeroplane is a life-size mock-up of the interior and representative of the aeroplane currently used by or proposed to be used by WestJet;

        2. the mock up contains adequate seats for use of the evacuees;

        3. the operation of the emergency exits and doors is closely simulates those  on the aeroplane, and

        4. sufficient wing area is installed outside the over-wing exits to demonstrate the evacuation,

          or

      3. a floating device simulating a passenger compartment where:

        1. the floating device is representative, to the extent possible, of the passenger compartment of the aeroplane used in operations;

        2. the operation of the emergency exits and doors is closely simulates those on the aeroplane;

        3. sufficient wing area is installed outside the over-wing exits to demonstrate the evacuation; and

        4. the device is equipped with the same survival equipment as is installed on the aeroplane to accommodate all persons participating in the demonstration.

  15. In the case where another Canadian air operator has previously conducted a simulated ditching demonstration as per the requirements set out in condition 14, WestJet shall conduct a demonstration of its emergency evacuation procedures, to the Minister, in a simulated ditching for each type and model of aeroplane:

    1. in accordance with the following criteria:

      1. the demonstration assumes that daylight hours exist outside the aeroplane, and that all required crew members are available for the demonstration;

      2. if WestJet’s manual requires the use of passengers to assist in the launching of life rafts, the needed passengers are on board the aeroplane and participate in the demonstration according to the manual;

      3. after the ditching signal has been received, each evacuee dons a life preserver according to WestJet’s manual;

      4. each life raft is removed from stowage;

      5. one life raft, selected by the Minister, is launched and inflated (or one slide raft is inflated); and

      6. the crew members assigned to the inflated life raft display and describe the use of each item of required emergency equipment; and

    2. using either

      1. the aeroplane,

      2. a mock-up of the aeroplane where

        1. the mock-up of the aeroplane is a life-size mock-up of the interior and representative of the aeroplane currently used by or proposed to be used by the WestJet;

        2.  the mock up contains adequate seats for use of the evacuees;

        3. the operation of the emergency exits and doors is closely simulates those on the aeroplane; and

        4.  sufficient wing area is installed outside the over-wing exits to demonstrate the evacuation;

          or

         

      3. a floating device simulating a passenger compartment where:

        1. the floating device is representative, to the extent possible, of the passenger compartment of the aeroplane used in operations;

        2. the operation of the emergency exits and doors is closely simulating those on the aeroplane

        3. sufficient wing area is installed outside the over-wing exits to demonstrate the evacuation;

        4. the device is equipped with the same survival equipment as is installed on the aeroplane to accommodate all persons participating in the demonstration.

  16. If an emergency evacuation demonstration was conducted on a type and model of aeroplane with more flight attendants than that required by this exemption for the maximum seating capacity of the aeroplane, WestJet shall not operate that model

    1. in its maximum seating configuration with fewer flight attendants than the number used during the emergency evacuation demonstration; or

    2. in any reduced seating configuration with fewer flight attendants than the number required by condition 9 for that number of seats plus the number of flight attendants used during the emergency evacuation demonstration that were in excess of the number required under condition 9.

  17. WestJet shall ensure that all of the emergency exits and escape slides (in passenger-carrying operations) are operative.

  18. WestJet shall ensure that all of the flight attendants that are required under condition 9 of this exemption be on board the aeroplane while passengers are embarking and disembarking.

  19. WestJet shall designate an in-charge flight attendant who has qualified under subparagraph 705.124(2)(b)(iii) of the CARs.

  20. The in-charge flight attendant training shall include the following elements:

    1. Operating as a leader:

      1. One crew concept;

      2. Team building and maintenance;

      3. Planning and workload management;

    2. Flight preparation - general:

      1. Allocation of flight attendant stations and responsibilities; and

      2. Consideration of the particular flight including:

        1. Aeroplane type;

        2. Equipment;

        3. Area and type of operation; and

        4. Categories of passengers, including special needs passengers;

    3. Cooperation within the crew:

      1. Discipline, responsibilities and chain of command;

      2. Importance of coordination and communication;

      3. Security threats;

      4. Announcements; and

      5. Crew member incapacitation.

    4. Review of operators’ requirements and legal requirements:

      1. Passengers safety briefing;

      2. Safety features cards;

      3. Securing of galleys and cabin;

      4. Stowage of cabin baggage;

      5. Electronic equipment;

      6. Procedures when fuelling with passengers on board;

      7. Turbulence; and

      8. Documentation, including cabin log book entries;

    5. Human Factors and Crew Resource Management; and

    6. Accident and incident reporting.

  21. If a replacement has been made, in accordance with condition 19, a flight may continue after the first landing only if the flight is not departing from a location where its qualified in-charge flight attendant employees are located.

  22. Where applicable, WestJet shall limit a flight attendant’s work to a maximum of three (3) types of the WestJet’s aeroplanes and keep a record of the three types to which each flight attendant is limited.

  23. For the purposes of condition 22, an aeroplane is a different type if, when compared with a base aeroplane, it differs significantly in:

    1. the operation of emergency exits, other than non-floor-level emergency exits whose opening is not set out as a flight attendant emergency evacuation duty in the WestJet flight attendant manual, including

      1. the arming and disarming of the exits,

      2. the direction in which the operating handle moves,

      3. the direction in which the exits open,

      4. the power assist mechanisms, and the emergency egress assist means;

    2. the type, location and method of operation of the safety and emergency equipment; or

    3. emergency procedures, including procedures for dealing with

      1. fire fighting,

      2. smoke or fumes in the cabin,

      3. rapid decompression and cabin pressurization problems,

      4. evacuations,

      5. cargo fire fighting, and

      6. incapacitated crew members.

  24. WestJet shall not permit passengers to remain on board the aeroplane during an intermediate stop unless:

    1. the aeroplane engines are off or the propeller brake is set and the aeroplane flight manual refers to the propeller brake or engine as an auxiliary power unit (APU);

    2. at least one floor-level exit remains open for the deplaning of passengers or, if closed for climatic reasons, the exit remains unlocked;

    3. at least half of the required flight attendants, rounded down to the next lower number in the case of fractions, but never less than two, remain on board; and

    4. flight attendants and other qualified personnel are located in accordance with the WestJet’s approved operating procedures to provide the most effective assistance to initiate and direct evacuation in case of an emergency.

  25. Any flight attendant that is required under condition 24(c) or 24(d) may be replaced by a person other than a flight attendant if the person has successfully completed WestJet’s training on the emergency evacuation procedures for that type and model of aeroplane in accordance with subsection 725.124(14) Emergency Procedures Training for Flight Crew Members or 725.124(47) Fuelling with Passengers on Board of the Commercial Air Service Standards and the person is identified to passengers on board.

  26. When a flight attendant operates on more than one aeroplane type during a series of flights or flight segments, the crew member briefing required by section 705.31 of the CAR shall include a review of selected type-specific normal and emergency procedures and safety equipment applicable to the actual aeroplane type to be operated.

  27. WestJet shall, for each type and model of aeroplane that it operates, set out the duties that are to be performed in an emergency, including an evacuation, and ensure that:

    1. each duty has been assigned to a flight attendant;

    2. there are enough flight attendants on board to carry out the duties;

    3. the performance of the duties adequately meets any emergency that may be reasonably anticipated, including the incapacitation of a flight attendant;

    4. the duties are described in the flight attendant manual; and

    5. the required number of flight attendants is recorded in the flight attendant manual.

  28. WestJet shall include drills during initial and annual training on methods to open both exits and to manage passenger flow control at more than one exit if procedures require a flight attendant to be responsible for opening more than one exit.

  29. WestJet shall not operate an aeroplane with passengers on board in accordance with section 705.104 of the CAR unless it has requested, 60 days prior to the operation, approval from the Minister.

  30. WestJet shall keep a record of its decision to operate pursuant to this exemption and, if applicable, its decision to revert to operating pursuant to section 705.104 of the CARs.

  31. A copy of this exemption shall be carried on board the aeroplane at all times.

 VALIDITY

This exemption is in effect until the earliest of:

a)  October 31, 2014 at 23:59 EDT;

b) the date on which any condition set out in this exemption is breached;

c) the date on which an amendment to section 705.104 of the Canadian Aviation Regulations specifically addressed in this exemption, or its related standards, comes into effect; or

 d) the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada on this 6th day of May, 2013, on behalf of the Minister of Transport

“Original signed by”

Martin Eley
Director General
Civil Aviation

APPENDIX A

CANADIAN AVIATION REGULATIONS

Relevant provisions:

Flight Attendant Requirements

705.104(1) Subject to subsection (3), no air operator shall operate an aircraft with passengers on board unless the crew includes at least the following number of flight attendants:

(a) 1 to 40 passengers on board, one attendant;
(b) 41 to 80 passengers on board, two attendants; and
(c) 81 or more passengers on board, one attendant for each unit of 40 passengers or portion thereof.

(2) Notwithstanding subsection (1), no air operator shall operate an aircraft with passengers on board with fewer flight attendants than the number required to satisfy the following requirements:

(a) the air operator shall, for each type and model of aircraft that it operates, assign to each flight attendant the duties to be performed in an emergency, including an emergency evacuation, and shall show that the performance of those duties adequately meets any emergency that may be reasonably anticipated, including the possible incapacitation of another flight attendant; and
(b) the air operator  shall ensure that the duties assigned pursuant to paragraph (a) are described in its company operations manual.

(3) An air operator may operate an aircraft with passengers on board with a crew that includes fewer than the minimum number of flight attendants required by subsection (1), if the air operator

(a) is authorized to do so in its air operator certificate; and
(b) complies with the Commercial Air Service Standards.

(4) Where an aircraft has more than one deck, the number of flight attendants on each deck shall be in accordance with subsections (1) and (2).

 

APPENDIX B

 

An aeroplane operated under this exemption shall meet the following additional emergency equipment requirements:

A1.  Each passenger-carrying aeroplane emergency exit (other than over the wing) that is more than 6 feet from the ground with the aeroplane on the ground and the landing gear extended, shall have an approved means to assist the occupants in descending to the ground. The assisting means for a floor-level emergency exit shall meet the requirements of paragraph 25.809(f)(1) of the Federal Aviation Regulations in effect on April 30, 1972, except that, for any aeroplane for which the application for the type certificate was filed after that date, it shall meet the requirements under which the aeroplane was type certificated.

A2.  Each passenger emergency exit, its means of access and its means of opening shall be conspicuously marked and meet the following:

(a) The identity and location of each passenger emergency exit shall be recognizable from a distance equal to the width of the cabin.

(b) The location of each passenger emergency exit shall be indicated by a sign visible to occupants approaching along the main passenger aisle (or aisles).  There shall be:

(i) A passenger emergency exit locator sign above the aisle (or aisles) near each passenger emergency exit, or at another overhead location if it is more practical because of low headroom, except that one sign may serve more than one exit if each exit can be seen readily from the sign;

(ii) A passenger emergency exit marking sign next to each passenger emergency exit, except that one sign may serve two such exits if they both can be readily seen from the sign; and

(iii) A sign on each bulkhead or divider that prevents fore and aft vision along the passenger cabin to indicate emergency exits beyond and obscured by the bulkhead or divider, except that if this is not possible the sign may be placed at another appropriate location.

(c) Each passenger emergency exit marking and each locating sign shall meet the following:

(i) For an aeroplane for which the application for the type certificate was filed prior to May 1, 1972, each passenger emergency exit marking and each locating sign shall be manufactured to meet the requirements of subsection 25.812(b) of the Federal Aviation Regulations in effect on April 30, 1972. On these aeroplanes, no sign may continue to be used if its luminescence (brightness) decreases to below 100 micro lamberts. The colours may be reversed if it increases the emergency illumination of the passenger compartment.

(ii) For an aeroplane for which the application for the type certificate was filed on or after May 1, 1972, each passenger emergency exit marking and each locating sign shall be manufactured to meet the interior emergency exit marking requirements under which the aeroplane was type certificated. On these aeroplanes, no sign may continue to be used if its luminescence (brightness) decreases to below 250 micro lamberts.

A3. Each passenger-carrying aeroplane shall have emergency lighting that meets the following requirements:

(a) An emergency lighting system, independent of the main lighting system, shall be installed.  However, the sources of general cabin illumination may be common to both the emergency and the main lighting systems if the power supply to the emergency lighting system is independent of the power supply to the main lighting system.  The emergency lighting system shall include:

(i) Illuminated emergency exit marking and locating signs, sources of general cabin illumination and interior lighting in emergency exit areas.

(ii) General illumination in the passenger cabin shall be provided so that when measured along the centreline of main passenger aisle(s), and cross aisle(s) between main aisle(s), at seat armrest height and at 40-inch intervals, the average illumination is not less than 0.05 foot-candle.  A main passenger aisle(s) is considered to extend along the fuselage from the most forward passenger emergency exit or cabin occupant seat, whichever is farther forward, to the most rearward passenger emergency exit or cabin occupant seat, whichever is farther aft.

A4. Except for subsystems provided in accordance with section A8 of this Appendix that serve no more than one assist means, are independent of the aeroplanes main emergency lighting system, and are automatically activated when the assist means is erected, the emergency lighting system shall comply with the following:

(a) The lights shall be operable manually from the flight crew station and from a point in the passenger compartment that is readily accessible to a normal flight attendant seat;

(b) The flight deck control device shall have an “on”, “off”, and “armed” position so that when armed in the flight deck or turned on at either the flight deck or flight attendant station the lights will either light or remain lighted upon interruption (except an interruption caused by a transverse vertical separation of the fuselage during crash landing) of the aeroplanes normal electrical power.  There shall be a means to safeguard against inadvertent operation of the control device from the “armed” or “on” positions.

(c) Each light shall be armed or turned on during taxi, takeoff and landing.

(d) The energy supply to each emergency lighting unit shall provide the required level of illumination for at least 10 minutes at the critical ambient conditions after emergency landing.

A5.  The location of the operating handle and instructions for opening exits from the inside of the aeroplane shall be shown in the following manner:

(a) Each passenger emergency exit shall have, on or near the exit, a marking that is readable from a distance of 30 inches.

(b) Each Type A, Type B, Type C, Type I or Type II passenger emergency exit with a locking mechanism released by a rotary motion of the handle shall be marked:

(i) With a red arrow, with a shaft at least three-fourths of an inch wide and a head twice the width of the shaft, extending along at least 70 degrees of arc at a radius approximately equal to three-fourths of the handle length.

(ii) With the word “open” in red letters 1 inch high, placed horizontally near the head of the arrow.

(c) For an aeroplane for which the application for the type certificate was filed on or after May 1, 1972, no operating handle or operating handle cover may continue to be used if its luminescence (brightness) decreases to below 100 micro lamberts.

A6.  Access to emergency exits shall be provided as follows for each passenger-carrying aeroplane:

(a) Each passage way between individual passenger areas, or leading to a Type I or Type II emergency exit, shall be unobstructed and at least 20 inches wide.

(b) For each Type I or Type II emergency exit equipped with an assist means, there shall be enough space next to the exit to allow a crewmember to assist in the evacuation of passengers without reducing the unobstructed width of the passageway below that required in paragraph A6 (a) of this Appendix.

(c) For aeroplanes manufactured on or after November 26, 2008, adequate space to allow crew member(s) to assist in the evacuation of passengers shall be provided as follows:

(i) Each assist space shall be a rectangle on the floor, of sufficient size to enable a crew member, standing erect, to effectively assist evacuees.  The assist space shall not reduce the unobstructed width of the passageway below that required for the exit.

(ii) For each Type A or Type B exit, assist space shall be provided at each side of the exit regardless of whether a means is required by section A1.

(iii) For each Type C, I or II exit installed in an aeroplane with seating for more than 80 passengers, an assist space shall be provided at one side of the passageway regardless of whether an assist means is required by section A1.

(iv) For each Type C, I or II exit, an assist space shall be provided at one side of the passageway if an assist means is required by section A1.

(d) There shall be access from the main aisle to each Type III and Type IV exit. The access from the aisle to these exits shall not be obstructed by seats, berths, or other protrusions in a manner that would reduce the effectiveness of the exit.  In addition,

(i) For an aeroplane for which the application for the type certificate was filed prior to January 1, 1958, the access must meet the requirements of subsection 25.813(c) of the Federal Aviation Regulations in effect on April 30, 1972.

(ii) For an aeroplane for which the application for the type certificate was filed on or after January 1, 1958, the access must meet the requirements of subsection 25.813(c) of the Federal Aviation Regulations in effect on June 3, 1992.

(e) There shall be a handle, or handles, at each assist space, located to enable the crew member to steady himself or herself while assisting passengers during an evacuation.

(f) If it is necessary to pass through a passageway between passenger compartments to reach any required emergency exit from any seat in the passenger cabin, the passageway shall be unobstructed. However, curtains may be used if they allow free entry through the passageway.

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

(h) No person may operate an aeroplane manufactured after November 27, 2006, that incorporates a door installed between any passenger seat occupiable for take-off or landing and any passenger emergency exit, such that the door crosses any egress path (including aisles, cross aisles and passageways).

(i) If it is necessary to pass through a doorway separating any seat (except those seats on the flight deck), occupiable for take-off and landing, from an emergency exit, the door shall have a means to latch it in open position and the door shall be latched open prior to movement of the aeroplane on the surface, take-off and landing. The latching means shall be able to withstand the loads imposed upon it when the door is subjected to the ultimate inertia forces, relative to the surrounding structure, listed in subsection 525.561(b) of the Airworthiness Manual.

A7.  Each emergency exit that is required to be openable from the outside, and its means of opening, shall be marked on the outside of the aeroplane.  In addition, the following apply:

(a) The outside marking for each passenger emergency exit in the side of the fuselage shall include a 2-inch coloured band outlining the exit.

(b) Each outside marking including the band, shall have colour contrast to be readily distinguishable from the surrounding fuselage surface. The contrast shall be such that if the reflectance of the darker colour is 15 percent or less, the reflectance of the lighter colour shall be at least 45 percent. “Reflectance” is the ratio of the luminous flux reflected by a body to the luminous flux it receives. When the reflectance of the darker colour is greater than 15 percent, at least a 30 percent difference between its reflectance and the reflectance of the lighter colour shall be provided.

(c)In the case of exits other than those in the side of the fuselage, such as ventral or tail cone exits, the external means of opening, including instructions if applicable, shall be conspicuously marked in red, or bright chrome yellow if the background colour is such that red is inconspicuous. When the opening means is located on only one side of the fuselage, a conspicuous marking to that effect shall be provided on the other side.

A8.  Each passenger-carrying aeroplane shall be equipped with exterior emergency lighting and a slip resistant escape route that meets the following requirements:

(a) For an aeroplane for which the application for the type certificate was filed prior to May 1, 1972, the requirements of subsections 25.803(e), 25.812(f) and 25.812(g) of the Federal Aviation Regulations in effect on April 30, 1972.

(b) For an aeroplane for which the application for the type certificate was filed on or after May 1, 1972, the exterior emergency lighting and slip resistant escape route requirements under which the aeroplane was type certificated.

A9.  Each floor-level door or exit in the side of the fuselage (other than those leading into a cargo or baggage compartment that is not accessible from the passenger cabin) that is 44 or more inches high and 20 or more inches wide, but not wider than 46 inches, each passenger ventral exit and each tail cone exit, shall meet the requirements of this subsection for floor-level emergency exits.

A10.  Approved emergency exits in the passenger compartments that are in excess of the minimum number of required emergency exits shall meet all of the applicable provisions of this subsection, except paragraphs A6 (a), (b), and (c) of this Appendix, and shall be readily accessible.

A11.  On each large passenger-carrying turbojet-powered aeroplane, each ventral exit and tailcone exit shall be:

(a) Designed and constructed so that it cannot be opened during flight; and

(b) Marked with a placard readable from a distance of 30 inches and installed at a conspicuous location near the means of opening the exit, stating that the exit has been designed and constructed so that it cannot be opened during flight.

A12.  Except for an aeroplane having an emergency exit configuration installed and in operation before October 16, 1987, for an aeroplane that is required to have more than one passenger emergency exit for each side of the fuselage, no passenger emergency exit shall be more than 60 feet from any adjacent passenger emergency exit on the same side of the same deck of the fuselage, as measured parallel to the aeroplanes longitudinal axis between the nearest exit edges.

A13.  No person shall operate an aeroplane manufactured after September 2, 2009 unless it conforms with the applicable flammability standards for compartment interiors occupied by passengers and crew members set out in paragraph 525.853(d) of the Airworthiness Manual in effect on September 30, 1996.

A14.  No person shall operate an aeroplane that was issued a type certificate on or after January 1, 1958 that has been subject to a substantially complete replacement of compartment interior components since September 2, 2009 unless the replacement components meet the standards specified in paragraph 525.853(d) of the Airworthiness Manual in effect on September 30, 1996.

A15.  No person shall operate an aeroplane that was issued a type certificate before January 1, 1958 that has been subject to a substantially complete replacement of the compartment interior components since September 2, 2009 unless the replacement components meet the provisions of section 25.853 of Title 14 Code of Federal Regulations, Part 25 in effect on April 30, 1972 or the standards specified in paragraph 525.853(d) of the Airworthiness Manual in effect on September 30, 1996.

A16.  No person shall operate an aeroplane manufactured after September 2, 2009 unless the thermal/ acoustic insulation materials installed in the lower half of the fuselage meet the flame penetration requirements of section 525.856 of the Airworthiness Manual in effect on June 8, 2004.

A17.  No person shall operate an aeroplane manufactured after November 26, 2007 unless each emergency exit has a means to retain the exit in the open position, once the exit is opened in an emergency.  The means shall not require separate action to engage when the exit is opened, and shall require positive action to disengage.

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