EXEMPTION FROM PARAGRAPH 521.158 OF THE CANADIAN AVIATION REGULATION AND PARAGRAPH 25.785(b) 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 25.785(b) of the United States of America Federal Aviation Regulations (FAR) part 25.

Paragraph 25.785(b) of FAR part 25 establishes the minimum occupant general injury requirements for the certification of 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 passenger compartment that includes a side-facing divan, which would be intended for occupant use during all phases of flight, including taxi, take-off and landing, such that the occupant general injury requirements of the applicable standards of airworthiness contained in FAR part 25 are not met, 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, with respect to inclusion of side-facing divans which would be intended for occupant use during all phases of flight, including taxi, take-off and landing, for any Bombardier BD-700-1A10  (Global Express) aeroplane (Type Certificate No. A-177), for any type of operation, commercial or private.

CONDITIONS

This exemption is subject to the following conditions:

1.  Divan Certification Requirements:

(a)  The provisions of U.S. Code of Federal Regulations (CFR), Title 14, Part 25 as amended by, and including Amendment 25-64 shall be applicable;

(b)  Occupant Retention:  Acceptable occupant restraint shall be verified during dynamic testing.  The forward seated occupant’s pelvis shall be restrained within the longitudinal seating position length of the divan and shall not move past the end of the divan structure at full load;

(c)  Body-to-Body Contact:  Contact between the head, shoulder, torso, and/or pelvis of one Anthropomorphic Test Dummy (ATD) on an adjacent seated ATD shall not be allowed during the tests conducted in accordance with United States Federal Aviation Regulation (FAR) § 25.562(b)(1) and (b)(2).  Incidental contact of the feet, legs, arms and/or hands that will not result in incapacitation of the occupants is acceptable.  Contact during rebound is allowed;

(d)  Occupant Movement Envelope (OME):  For the forward most seated occupant of the divan installation, an OME shall establish and account for the full range of occupants who will use the divan.  This OME shall identify the forward-most movement of the ATD’s head, shoulder, torso, and pelvis.  The OME shall be referenced to a structural point on the divan which can be referenced to the aircraft.  The OME shall establish an occupant protection zone into which no interior component shall be installed in order to meet the occupant protection requirements for Head Injury Criterion (HIC), Thoracic Trauma Index (TTI), and lateral pelvic acceleration.  If an interior component is installed in the OME, substantiation of the occupant protection requirements of (b), (c), (e) and (f) shall be verified;

(e)  Thoracic Trauma Index (TTI):  Unless it can be shown by 16g dynamic testing that no contact occurs between occupants and interior components, TTI for the affected occupants shall be substantiated by test or rationale based upon previous tests. When conducting an actual test to obtain a TTI value, an appropriate test device shall be used such as a Side Impact Dummy (SID) 50th Percentile Male as defined in United States 49 CFR part 572, subpart F [as amended at 63 FR 16140, Apr. 2, 1998, effective Sept. 1, 1998]. The TTI value shall not exceed 85g when the TTI data is processed in accordance with,United States 49 CFR part 571–Federal Motor Vehicle Safety Standards (FMVSS), § 571.214, S11.5(a)1 [as amended at 72 FR 51908, Sept. 11, 2007, effective Nov. 13, 2007];

(f)   Lateral Pelvic Acceleration (LPA):  Unless it can be shown by 16g dynamic testing that no contact occurs between occupants and interior components, LPA for the affected occupants shall be substantiated by test or rationale based upon previous tests.  When conducting an actual test to obtain an LPA value, an appropriate test device shall be used such as a SID 50th Percentile Male as defined in United States 49 CFR part 572, subpart F [as amended at 63 FR 16140, Apr. 2, 1998, effective Sept. 1, 1998]. The LPA value shall not exceed 130g when the LPA data is processed in accordance with FMVSS § 571.214, S11.5(a) [as amended at 72 FR 51908, Sept. 11, 2007, effective Nov. 13, 2007];

(g)  Shoulder Strap Loads: Where upper torso straps  (shoulder straps) are used for divan occupants, tension loads in individual straps shall not exceed 1750 pounds.  If dual straps are used for restraining the upper torso, the total strap tension load shall not exceed 2000 pounds;

(h)  Certification Tests: As a minimum, the following structural tests shall be required for each divan:

(i)  one 14g vertical test as per FAR § 25.562(b)(1) with ATDs specified by 49 CFR part 572, subpart B – 50th Percentile Male (known as the Hybrid II), or its equivalent;
(ii) one 16g longitudinal test as per FAR § 25.562(b)(2) with Hybrid II ATDs; and
(iii) to establish the Occupant Movement Envelope, a single 16g longitudinal test as per FAR § 25.562(b)(2) without floor deformation and yaw angle, with Hybrid II ATDs shall be required for each divan;

            Note:  All seat positions need to be occupied for the longitudinal tests.

(i)   Aeroplane Flight Manual:  A Supplement to the Aeroplane Flight Manual (AFM) shall be furnished containing a limitation to the effect that the operator must develop an operational procedure as required below, and obtain approval of this procedure from the applicable airworthiness authority.

(i)         The required operational procedure shall inform each passenger that the particular aeroplane incorporating side-facing divans allowed under the terms of this exemption does not comply with all of the occupant safety standards mandated for the aeroplane type in regards to the side-facing divan.

2.  Divan Installation Requirements:

  1. A means shall be provided to retain the occupants within the envelope of the divan
    during rebound.  This means may take the form of a partition or cabinet adjacent to the aft end of the divan.  The means need not be attached to the divan;
  2. The side-facing divan shall meet the requirements of Federal Aviation Administration (FAA) Technical Standard Order TSO-C39b;
  3. The side-facing divan shall meet the requirements of FAR § 25.562 (at Amdt. 25-64).

VALIDITY

This exemption is in effect until the earliest of the following:

  1. The date on which any one of the conditions set out in this exemption is breached; or
  2. 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.

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

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 - Personnel and Cargo Accommodations
Section 25.785 Seats, berths, safety belts, and harnesses. [Amdt. 25-88]

***

(b) Each seat, berth, safety belt, harness, and adjacent part of the airplane at each station designated as occupiable during takeoff and landing must be designed so that a person making proper use of these facilities will not suffer serious injury in an emergency landing as a result of the inertia forces specified in Secs. 25.561 and 25.562.

***

Emergency Landing Conditions

Section 25.561 General. [Amdt. 25-64]

(a) The airplane, although it may be damaged in emergency landing conditions on land or water, must be designed as prescribed in this section to protect each occupant under those conditions.

(b) The structure must be designed to give each occupant every reasonable change of escaping serious injury in a minor crash landing when:

  1. Proper use is made of seats, belts, and all other safety design provisions;
  2. The wheels are retracted (where applicable); and
  3. The occupant experiences the following ultimate inertia forces acting separately relative to the surrounding structure:
    1. Upward, 3.0g.
    2. Forward, 9.0g.
    3. Sideward, 3.0g on the airframe; and 4.0g on the seats and their attachments.
    4. Downward, 6.0g.
    5. Rearward, 1.5g

(c) The supporting structure must be designed to restrain, under all loads up to those specified in paragraph (b)(3) of this section, each item of mass that could injure an occupant if it came loose in a minor crash landing.

(d) Seats and items of mass (and their supporting structure) must not deform under any loads up to those specified in paragraph (b)(3) of this section in any manner that would impede subsequent rapid evacuation of occupants.

Section 25.562 - Emergency landing dynamic conditions. [Amdt. 25-64]

(a) The seat and restrain system in the airplane must be designed as prescribed in this section to protect each occupant during an emergency landing condition when:

  1. Proper use is made of seats, safety belts, and shoulder harnesses provided for in the design; and
  2. The occupant is exposed to loads resulting from the conditions prescribed in this section.

(b) Each seat type design approved for crew or passenger occupancy during takeoff and landing must successfully complete dynamic tests or be demonstrated by rational analysis based on dynamic tests of a similar type seat, in accordance with each of the following emergency landing conditions. The tests must be conducted with an occupant simulated by a 170-pound anthropomorphic test dummy, as defined by 49 CFR Part 572, Subpart B, or its equivalent, sitting in the normal upright position.

  1. A change in downward vertical velocity  (D Ú) of not less than 35 feet per second, with the airplane's longitudinal axis canted downward 30 degrees with respect to the horizontal plane and with the wings level. Peak floor deceleration must occur in not more than 0.08 seconds after impact and must reach a minimum of 14g.
  2. A change in forward longitudinal velocity (D Ú) of not less than 44 feet per second, with the airplane's longitudinal axis horizontal and yawed 10 degrees either right or left, whichever would cause the greatest likelihood of the upper torso restraint system (where installed) moving off the occupant's shoulder, and with the wings level. Peak floor deceleration must occur in not more than 0.09 seconds after impact and must reach a minimum of 16g. Where floor rails or floor fittings are used to attach the seating devices to the test fixture, the rails or fittings must be misaligned with respect to the adjacent set of rails or fittings by at least 10 degrees vertically (i.e., out of parallel) with one rolled 10 degrees.

(c) The following performance measures must not be exceeded during the dynamic tests conducted in accordance with paragraph (b) of this section:

  1. Where upper torso straps are used for crewmembers, tension loads in individual straps must not exceed 1,750 pounds. If dual straps are used for restraining the upper torso, the total strap tension loads must not exceed 2,000 pounds.
  2. The maximum compressive load measured between the pelvis and the lumbar column of the anthropomorphic dummy must not exceed 1,500 pounds.
  3. The upper torso restraint straps (where installed) must remain on the occupant's shoulder during the impact.
  4. The lap safety belt must remain on the occupant's pelvis during the impact.
  5. Each occupant must be protected from serious head injury under the conditions prescribed in paragraph (b) of this section. Where head contact with seats or other structure can occur, protection must be provided so that the head impact does not exceed a Head Injury Criterion (HIC) of 1,000 units. The level of HIC is defined by the equation:


    Where:
    t1 is the initial integration time,
    t2 is the final integration time, and
    a(t) is the total acceleration vs. time curve for the head strike, and where
    (t) is in seconds, and (a) is in units of gravity (g).


  6. Where leg injuries may result from contact with seats or other structure, protection must be provided to prevent axially compressive loads exceeding 2,250 pounds in each femur.
  7. The seat must remain attached at all points of attachment, although the structure may have yielded.
  8. Seats must not yield under the tests specified in paragraphs (b)(1) and (b)(2) of this section to the extent they would impede rapid evacuation of the airplane occupants.

Date: 1 April 2010

ASSESSMENT PAPER

EXEMPTION FROM PARAGRAPH 521.158 OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 25.785(b) OF THE  UNITED STATES OF AMERICA FEDERAL AVIATION REGULATIONS (FAR) PART 25.

Background

On June 2, 2008, Aero Consulting Services (ACS), on behalf of Innotech Aviation, submitted a request for exemption from the requirements of FAR part 25, Section 25.785, paragraph (b), to allow the installation and use of side-facing divans during taxi, take-off and landing on any Bombardier BD-700-1A10 (Global Express) aeroplane.

The Bombardier bd-700-1a10 (Global Express) aeroplane is designed to the requirements of AWM Chapter 525, Change 6 and U.S. Federal Aviation Regulations FAR part 25, Amendments 25-80 through 25-86, Amendments 25-88 through 25-98 and Amendments 25-94, 25-96 and 25-97 for Transport Category aeroplanes. FAR part 25.785, paragraph (b) specifies that, "each seat, berth, safety belt, harness, and adjacent part of the aeroplane at each station designated as occupiable during take-off and landing must be designed so that a person making proper use of these facilities will not suffer serious injury in an emergency landing as a result of the inertia forces specified in Sections 25.561 and 25.562."

Side-facing seats are not considered in the applicable standards of the Airworthiness Manual or the U.S. Federal Aviation Regulations. Transport Canada Civil Aviation (TCCA), the U.S. Federal Aviation Administration (FAA) and the former European Joint Aviation Authorities (JAA) have determined that the actual airworthiness standards do not provide adequate or appropriate protection for occupants of side-facing multiple occupant seats.  Furthermore, the best criteria currently available for evaluation of this type of seat do not necessarily ensure a level of safety that is equivalent to that afforded to occupants of forward and aft facing seats.  Therefore, the only method available to authorize the installation of this type of seat in aircraft in their certification basis is through an exemption from the general injury requirements of FAR § 25.785(b). TCCA, FAA and JAA (now the European Aviation Safety Agency (EASA)) intend to continue to refine the compliance criteria for multiple occupancy seating with the goal of establishing an equivalent level of safety.

FAA Memorandum, "Side-facing Seats on Transport Category Airplanes", dated 19 November 1997, the FAA Draft Issue Papers, dated 12 November 1997, and Transport Canada Aircraft Certification Policy Letter (PL) 525-003 (effective 2003-12-01) pertain to side-facing seats (and divans). These documents specify limits for occupant protection criteria, for side-facing seats, that are additional to those required by FAR § 25.562 for seating in general. The FAA Memorandum and Issue Papers introduce requirements for body-to-body contact, Thoracic Trauma Index (TTI) and lateral pelvic acceleration, which are additional to the existing FAR § 25.562(c) Head Injury Criterion (HIC) requirement. The specified conditions are required to be measured during side-facing seat tests and the limitations respected.

The primary function of side-facing divans is to provide berthing during flights of long duration where, typically, the aircraft operates at less than full occupancy. However, with a larger compliment of passengers or when the divan area is required as a conference area, then there may be a need for them to be available for occupancy during taxi, take-off, and landing.  Thus, it is essential for the side-facing seat to be made acceptably safe, so as to enable its use under any flight condition.  The dynamic testing requirements of FAR § 25.562 plus specified additional requirements increase those challenges significantly.

PUBLIC INTEREST

The ever-increasing level of comfort found in business aircraft today coincides with the increasing amount of business occurring during flight. Modern business interiors typically include the “office in the sky” concept. The side-facing divan (that can be folded into a flat bed) provides an increased level of comfort that has particular appeal to the business jet traveler.

The ability to offer customer preferred items such as side-facing divans could be crucial factors in marketing the Global Express aeroplane. In order to maintain this level of customer satisfaction, customer could opt to purchase earlier aeroplane types and models from different manufacturers meeting different standards that do not contain the stringent minimum occupant general injury requirements the Global Express has to comply with. This is in effect denying customers the benefits of other safety advances that have been incorporated in the Global Express and is contradictory to the goal of ultimately providing a safer aeroplane.

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).

Bombardier Aerospace 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; these aircraft are mainly designed, built, crewed, and maintained in North America.  Maintaining the marketing edge requires the provision of the features required by operators; for example, the installation of side-facing divans.

Aero Consulting Services is a consulting engineering company and a Transport Canada DAO providing engineering and certification services to companies engaged in the manufacture and modification of aircraft. It is in the interest of clients seeking to modify or design cabin interiors for the Bombardier Global Express aeroplane to be able to obtain competitive submissions for the engineering and certification work that is required when side-facing divans are part of the chosen configuration.

Innotech Aviation is a Canadian-based company located in Montreal 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 aeroplanes to compete with other corporate jets such as the Gulfstream GV and the Dassault 2000EX, which are being offered with side-facing divans. This exemption would not give Innotech Aviation an undue economic advantage over other aeroplane modifiers/manufacturers since, under similar circumstances, the Department would favorably consider a request from competitors. Conversely, not being able to offer this feature on the BD-700-1A10 aeroplanes that are being refurbished or completed by Innotech would create a competitive disadvantage for the company.

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 # 4408817 V1).

AVIATION SAFETY

It is proposed that the side-facing divan be certified to a combination of the requirements of FAR § 25.562, the two FAA Issue Papers, the FAA Memorandum, a Transport Canada Issue Paper and Transport Canada PL 525-003, effective 2003-12-01, to be embodied into the exemption conditions.

The dynamic tests specified in these documents will be performed successfully for the divan in free space.   As part of those tests, the Occupant Movement Envelope (OME) required for free movement of the head and torso of the forward occupant, when subjected to the 16g pulse, will be measured. The OME will be used to establish a "keep out zone" for furnishings or structures of any sort. At the same time body-to-body clearance is demonstrated, HIC, femur loads, lumbar loads and belt loads will be measured, recorded and shown to be within the limits.

If a keep out zone is established as part of the test, the Thoracic Trauma Index (TTI) measurement need not be included in the data recording for these tests.   The tests will be performed with a life raft and life jackets mounted in their stowage pouches. Post-test removals will be performed successfully.   The divans will be ballasted to represent the maximum weight allowed for each divan unit.

The result of the test program will be used as proof of compliance with the TCCA/FAA side-facing seat requirements contained in the Issue Papers, guidance and advisory material, and AWM/FAR 525/25.562 as applicable to the Global Express aeroplane.   Application of the criteria provided in this exemption, as was provided in previous Transport Canada exemption nos. 2000-01 and 2004-167, translates into a level of safety for side-facing divans in excess of that which is made available by other currently installed aircraft side-facing divans approved prior to the development of the present conditions as used by TCCA, FAA and EASA.

JUSTIFICATION FOR GRANTING THE EXEMPTION

This exemption (exemption from section 521.158 of the Canadian Aviation Regulations and paragraph 25.785(b) of the U.S. Federal Aviation Regulations) provides the same conditions as have previously been granted to other applicants. The decision to grant the exemptions had originally been made as a result of a risk assessment (RDIMS# 882497) conducted by specialists from Aircraft Certification that concluded that the risks associated with granting the exemption as requested were acceptable when all conditions set out in the exemption are complied with.

This exemption for Innotech Aviation duplicates the above mentioned exemptions and their attending conditions. Therefore, a new risk assessment is not required. Also, it would not be in the public interest to deny this exemption to one petitioner while granting it to another, where both are engaged in the same professional activity.

CONDITIONS

The granting of this exemption is subject to INNOTECH to demonstrate compliance with the following conditions:

1.  Divan Certification Requirements:

(a)  The provisions of U.S. Code of Federal Regulations (CFR), Title 14, Part 25 as amended by, and including Amendment 25-64 shall be applicable;

(b)  Occupant Retention:  Acceptable occupant restraint shall be verified during dynamic testing.  The forward seated occupant’s pelvis shall be restrained within the longitudinal seating position length of the divan and shall not move past the end of the divan structure at full load;

(c)  Body-to-Body Contact:  Contact between the head, shoulder, torso, and/or pelvis of one Anthropomorphic Test Dummy (ATD) on an adjacent seated ATD shall not be allowed during the tests conducted in accordance with United States Federal Aviation Regulation (FAR) § 25.562(b)(1) and (b)(2).  Incidental contact of the feet, legs, arms and/or hands that will not result in incapacitation of the occupants is acceptable.  Contact during rebound is allowed;

(d)  Occupant Movement Envelope (OME):  For the forward most seated occupant of the divan installation, an OME shall establish and account for the full range of occupants who will use the divan.  This OME shall identify the forward-most movement of the ATD’s head, shoulder, torso, and pelvis.  The OME shall be referenced to a structural point on the divan which can be referenced to the aircraft.  The OME shall establish an occupant protection zone into which no interior component shall be installed in order to meet the occupant protection requirements for Head Injury Criterion (HIC), Thoracic Trauma Index (TTI), and lateral pelvic acceleration.  If an interior component is installed in the OME, substantiation of the occupant protection requirements of (b), (c), (e) and (f) shall be verified;

(e)  Thoracic Trauma Index (TTI):  Unless it can be shown by 16g dynamic testing that no contact occurs between occupants and interior components, TTI for the affected occupants shall be substantiated by test or rationale based upon previous tests. When conducting an actual test to obtain a TTI value, an appropriate test device shall be used such as a Side Impact Dummy (SID) 50th Percentile Male as defined in United States 49 CFR part 572, subpart F [as amended at 63 FR 16140, Apr. 2, 1998, effective Sept. 1, 1998]. The TTI value shall not exceed 85g when the TTI data is processed in accordance with, United States 49 CFR part 571–Federal Motor Vehicle Safety Standards (FMVSS), § 571.214, S11.5(a)1 [as amended at 72 FR 51908, Sept. 11, 2007, effective Nov. 13, 2007];

(f)   Lateral Pelvic Acceleration (LPA):  Unless it can be shown by 16g dynamic testing that no contact occurs between occupants and interior components, LPA for the affected occupants shall be substantiated by test or rationale based upon previous tests.  When conducting an actual test to obtain an LPA value, an appropriate test device shall be used such as a SID 50th Percentile Male as defined in United States 49 CFR part 572, subpart F [as amended at 63 FR 16140, Apr. 2, 1998, effective Sept. 1, 1998]. The LPA value shall not exceed 130g when the LPA data is processed in accordance with FMVSS § 571.214, S11.5(a) [as amended at 72 FR 51908, Sept. 11, 2007, effective Nov. 13, 2007];

(g)  Shoulder Strap Loads: Where upper torso straps  (shoulder straps) are used for divan occupants, tension loads in individual straps shall not exceed 1750 pounds.  If dual straps are used for restraining the upper torso, the total strap tension load shall not exceed 2000 pounds;

(h)  Certification Tests: As a minimum, the following structural tests shall be required for each divan:

  1. one 14g vertical test as per FAR § 25.562(b)(1) with ATDs specified by 49 CFR part 572, subpart B – 50th Percentile Male (known as the Hybrid II), or its equivalent;
  2. one 16g longitudinal test as per FAR § 25.562(b)(2) with Hybrid II ATDs; and
  3. to establish the Occupant Movement Envelope, a single 16g longitudinal test as per FAR § 25.562(b)(2) without floor deformation and yaw angle, with Hybrid II ATDs shall be required for each divan;

            Note:  All seat positions need to be occupied for the longitudinal tests.

(i)  Aeroplane Flight Manual:  A Supplement to the Aeroplane Flight Manual (AFM) shall be furnished containing a limitation to the effect that the operator must develop an operational procedure as required below, and obtain approval of this procedure from the applicable airworthiness authority.

  1. The required operational procedure shall inform each passenger that the particular aeroplane incorporating side-facing divans allowed under the terms of this exemption does not comply with all of the occupant safety standards mandated for the aeroplane type in regards to the side-facing divan.

 2.  Divan Installation Requirements:

  1. A means shall be provided to retain the occupants within the envelope of the divan
    during rebound.  This means may take the form of a partition or cabinet adjacent to the aft end of the divan.  The means need not be attached to the divan;
  2. The side-facing divan shall meet the requirements of Federal Aviation Administration (FAA) Technical Standard Order TSO-C39b;
  3. The side-facing divan shall meet the requirements of FAR § 25.562 (at Amdt. 25-64).

FINAL DISPOSITION

Transport Canada Civil Aviation does not intend to initiate any unilateral amendment to the current requirements of either FAR part 25, paragraph 25.785(b) or corresponding paragraph 525.785(b) of the Airworthiness Manual.  The Aircraft Certification Branch has issued on 2003-12-01 a Policy Letter (PL 525-003) on the subject and will issue more guidance material as required pending the development of improved airworthiness standards, harmonized with the FAA and the EASA.

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 the installation of multiple occupancy side-facing seats, but to be acceptable, a number of seat occupant injury protection criteria (equivalent to the conditions listed in this exemption) would have to be met. While meeting these proposed criteria will not provide the same level of safety that was intended by the current AWM 525 standards, it is important to note that the proposed requirements provide an improved level over that provided by the regulations before FAR Amendment 25-64 which is equivalent to AWM 525 at Change 525-2.  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

The exemption will be in effect until the earliest of the following:

  1. The date on which any one of the conditions set out in this exemption is breached; or
  2. 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

  • AWM 525.785(b) / FAR 25.785(b).
    Note: The requirements of AWM Chapter 525 are identical to the corresponding FAR 25 requirements cited in this paper, therefore, only the FAR requirements are cited herein.
  • ACS letter I. Stewart to Transport Canada I. Szelemej, dated 2 June 2008.
  • SEA Preliminary Scan report, RDIMS # 4408817 V1.
  • FAA Information Memorandum dated Nov 19, 1997.
  • Generic FAA Issue Paper CI-X dated Nov 12, 1997 “Dynamic Test Requirements for Single Place Side-Facing Seats”.
  • Generic FAA Issue Paper CI-I dated Nov 12, 1997 “Dynamic Test Requirements for Side-Facing Divans (Sofas)”.
  • Transport Canada Issue Paper 99-02, 4 Edition “Certification of Side-facing Divan for the Bombardier Global Express Aircraft, model BD-700-1A10, dated 99-12-17.
  • Transport Canada Aircraft Certification Policy Letter No. 525-003  - Side-Facing Seats - Transport Category Aeroplanes.
  • Transport Canada Exemption Nos. 167-2004-NCR/RCN, 168-2004-NCR/RCN and 180-2004-NCR/RCN from the requirement of AWM 525.785(b) [as at Change 525-8, effective June 9, 2003].
  • FAA Global Express Exemptions 7120, dated February 15, 2000; 7120A, dated November 17, 2000, 7120B, dated December 23, 2002 and 7120C, dated September 2, 2003.
  • FAA Dassault Aviation Falcon 2000EX exemption No. 8007A, dated December 1, 2003.
  • FAA Notice of Proposed Rulemaking (NPRM) Docket No. FAA-2007-28250, Notice No. 07-13, published in the Federal Register / Vol. 72, No 134/ Friday, July 13, 2007

1 Reference only: This requirement was previously codified as United States 49 CFR part 571–Federal Motor Vehicle Safety Standards, § 571.214, S6.13.5.

 

Date de modification :