EXEMPTION FROM SUBSECTION 521.158(1) OF THE CANADIAN AVIATION REGULATIONS ONLY WITH RESPECT TO SECTION 525.1301 AND 525.1309 OF THE AIRWORTHINESS MANUAL

From: Transport Canada

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 Bombardier Inc., 400 Cote-Vertu Road West, Dorval, Québec, Canada (Bombardier) from the requirements set out in section 521.158(1) of the Canadian Aviation Regulations (CARs) only with respect to the requirements of sections 525.1301 and 525.1309 of the Airworthiness Manual (AWM), subject to the following conditions.

Section 525.1301 of the Airworthiness Manual (AWM)establishes requirements for equipment, systems and installation in terms of system safety.  The use of RTCA DO-254 is an acceptable means of compliance with AWM 525.1301 for complex electronic hardware installations.

Section 525.1309 of the Airworthiness Manual establishes requirements for equipment, systems and installation in terms of system safety.  The use of RTCA DO-178B is an acceptable means of compliance with AWM 525.1309 for software installations.

The details of the above provisions are provided in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to allow the changed Bombardier model BD-700-1A10 (Global Express) and BD-700-1A11 (Global 5000) aeroplanes with the Global Vision Flight Deck (GVFD) modification at the Version 3.2 (v.3.2) configuration to be certificated without a finding of compliance with AWM 525.1301 and AWM 525.1309 at the time of certification.  The application of RTCA DO-254 is an acceptable means of demonstrating compliance to AWM 525.1301, and RTCA DO-178B is an acceptable means of demonstrating compliance to AWM 525.1309; however Bombardier has not completed the process prescribed by these standards for this v.3.2 configuration.

The Global Vision Flight Deck (GVFD) is a change to the type designs of the Bombardier models BD-700-1A10 and BD-700-1A11, which were previously type certificated under Type Certificate Data Sheet A-177.  The change involves replacing one avionics suite with another from another manufacturer.  The GVFD designation for the BD-700-1A10 and BD-700-1A11 is a commercial designation for aeroplanes on which Major modification numbers TS533145 and TS000145 (for BD-700-1A10), or SO533145 and TS000145 (for BD-700-1A11) have been embodied.

This exemption allows Bombardier to obtain a revised Type Certificate for the changed type design, and subsequently obtain standard Certificates of Airworthiness in order to deliver aeroplanes with the GVFD v.3.2 configuration to completion centres (subject to the Airplane Flight Manual (AFM) limitations for v.3.2 configuration and the conditions imposed in this exemption).  Once aircraft are delivered and responsibility transferred, the STC work required to complete the aeroplane can commence (STCs approved and installed for interiors and other custom work common to large business jets).

Bombardier intends to replace GVFD v.3.2 configuration in Global Express and Global 5000 aircraft models with an updated configuration at a later date.  The updated configuration is expected to be demonstrated to be fully compliant with AWM 525.1301 and AWM 525.1309.  This exemption only applies to the v.3.2 configuration; it does not apply to any other version or configuration.

The AFM limitations imposed on aircraft operation with the GVFD v.3.2 configuration combined with the conditions imposed in this exemption are expected to drive all operators to implement the GVFD upgrade and displace the v.3.2 configuration from the operating fleet shortly after the updated and approved GVFD configuration is made available.

APPLICATION

This exemption applies to the Bombardier BD-700-1A10 (Global Express) and BD-700-1A11 (Global 5000) aeroplanes with the Global Vision Flight Deck (GVFD) modification at the v.3.2 configuration and will be in effect in accordance with the conditions and the validity of this exemption.  The Global Vision Flight Deck designation for the BD-700-1A10 and BD-700-1A11 is a commercial designation for aeroplanes on which Major modification numbers TS533145 and TS000145 (for BD-700-1A10), or SO533145 and TS000145 (for BD-700-1A11) have been embodied.

CONDITIONS

The granting of this exemption is subject to Bombardier complying with the following conditions:

  1. Bombardier shall establish, as part of the aeroplane’s Airplane Flight Manual, limitations that aeroplanes equipped in the v.3.2 configuration may not be used for the transportation of passengers or cargo.
  2. Bombardier shall establish, as part of the aeroplane’s Airplane Flight Manual, limitations that aeroplanes equipped in the v.3.2 configuration, once issued a Certificate of Airworthiness, are permitted to fly only to a completion center where work will be done on that specific aeroplane.
  3. Bombardier shall incorporate and promote adherence to v.3.2 configuration-specific system limitations approved in the Global Vision Flight Deck - Airplane Flight Manual (Bombardier publication numbers CSP 700-1V and CSP 700-5000-1V).

VALIDITY

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

  1. The date on which any of the conditions set out in this exemption is breached;
  2. 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 2nd day of June, 2011, on behalf of the Minister of Transport.

David Turnbull
Director, National Aircraft Certification
Civil Aviation

APPENDIX A

AIRWORTHINESS MANUAL, SECTION 525
(Initial Issue)

Section 525.1301 Function and Installation

Each item of installed equipment must:

  1. Be of a kind and design appropriate to its intended function;
  2. Be labelled as to its identification, function, or operating limitations, or any applicable combination of these factors;
  3. Be installed according to limitations specified for that equipment; and
  4. Function properly when installed.

Section 525.1309 Equipment, Systems, and Installations

  1. The equipment, systems, and installations whose functioning is required by this manual, must be designed to ensure that they perform their intended functions under any foreseeable operating condition.
  2. The aeroplane systems and associated components, considered separately and in relation to other systems, must be designed so that:
    1. The occurrence of any failure condition which would prevent the continued safe flight and landing of the aeroplane is extremely improbable, and
    2. The occurrence of any other failure conditions which would reduce the capability of the aeroplane or the ability of the crew to cope with adverse operating conditions is improbable.
  3. Warning information must be provided to alert the crew to unsafe system operating conditions, and to enable them to take appropriate corrective action. Systems, controls, and associated monitoring and warning means must be designed to minimise crew errors which would create additional hazards.
  4. Compliance with the requirements of paragraph (b) of this section must be shown by analysis, and where necessary, by appropriate ground, flight, or simulator tests. The analysis must consider:
    1. Possible modes of failure, including malfunctions and damage from external sources.
    2. The probability of multiple failures and undetected failures.
    3. The resulting effects on the aeroplane and occupants, considering the stage of flight and operating conditions, and
    4. The crew warning cues, corrective action required, and the capability of detecting faults.
  5. Each installation whose functioning is required by this manual, and that requires a power supply, is an "essential load" on the power supply. The power sources and the system must be able to supply the following power loads in probable operating combinations and for probable durations:
    1. Loads connected to the system with the system functioning normally.
    2. Essential loads, after failure of any one prime mover, power converter, or energy storage device.
    3. Essential loads after failure of:
      1. Any one engine on two-engine aeroplanes; and
      2. Any two engines on three-or-more engine aeroplanes.
    4. Essential loads for which an alternate source of power is required by this manual, after any failure or malfunction in any one power supply system, distribution system, or other utilisation system.
  6. In determining compliance with paragraphs (e)(2) and (3) of this section, the power loads may be assumed to be reduced under a monitoring procedure consistent with safety in the kinds of operation authorised. Loads not required in controlled flight need not be considered for the two-engine inoperative condition on aeroplanes with three or more engines.
  7. In showing compliance with paragraphs (a) and (b) of this section with regard to the electrical system and equipment design and installation, critical environmental conditions must be considered. For electrical generation, distribution, and utilisation equipment required by or used in complying with this manual, except equipment covered by Technical Standard Orders containing environmental test procedures, the ability to provide continuous, safe service under foreseeable environmental conditions may be shown by environmental tests, design analysis, or reference to previous comparable service experience on other aircraft.

CANADIAN AVIATION REGULATIONS, SECTION 521
(CAR 521, 2010-2)

CAR 521.158 – Division IV, Changes to a Type Design, Standards of Airworthiness

  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
    1. the general configuration or principles of construction are not retained; or
    2. 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
    1. is not affected by the change; or
    2. 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
    1. 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;
    2. 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;
    3. 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
    4. 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
    1. 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
    2. 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
    1. 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
    2. 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.

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