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 Flying Colours Corp., 901 Airport Road, Peterborough, Ontario, K9J 6X6, Canada from the requirements set out in section 521.158 of the Canadian Aviation Regulations (CARs) only with respect to the requirements of paragraph 25.813(e) of the United States of America Federal Aviation Regulations (FAR) part 25.
Paragraph 25.813(e) of FAR part 25 requires that no door be installed in any partition between passenger compartments in transport category aeroplanes.
The details of the above provisions are provided in Appendix A to this exemption.
PURPOSE
The purpose of this exemption is to allow any Bombardier Model CL-600-2B19 (Challenger 850) aeroplane to be configured with a door in a partition between passenger compartments, such that the emergency exit access requirements of the applicable standards are not met, for the purpose of private operator passenger transportation pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704, and to issue the corresponding Supplemental Type Certificates (STCs) to Flying Colours Corp.
APPLICATION
This exemption applies to Flying Colours Corp. only as part of the basis of certification for an STC applied for by Flying Colours Corp. that approves the installation of a door in a partition between passenger compartments on any Bombardier CL-600-2B19 aeroplane (Type Certificate No. A-131) with a maximum of 19 passengers for the purpose of private operator passenger transportation pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704.
CONDITIONS
This exemption is subject to Flying Colours Corp. complying with the following conditions:
- No more than one partition of the passenger seating area that incorporates a door shall be permitted;
- The door between passenger compartments shall translate laterally to open and close;
- The door between passenger compartments shall be frangible;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have dual means to retain it in the open position, each of which is capable of reacting the inertia loads specified in section 25.561 of FAR part 25;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have a means to signal the flight crewmembers in a timely manner when the door(s) is (are) not latched open for take-off and landing. This feature shall be integrated with the existing Engine Indicating and Crew Alerting System (EICAS) or otherwise effected in an equivalent manner;
- Appropriate procedures/limitations shall be established to ensure that take-off and landing is prohibited when any such door is not in the proper take-off and landing configuration;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall be operable from either side and if a locking mechanism is installed, it shall be capable of being unlocked from either side without the aid of special tools; and
- Where the door between passenger compartments is to be installed in specified egress paths, a Supplement to the Aeroplane Flight Manual (AFM) shall be furnished containing:
- instruction on the door operation, including its frangibility feature;
- a limitation specifying that
- the aeroplane is limited to private operator passenger transportation pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704 and complies with all applicable operational regulations, standards, policies and authorities; and
- when operated under CAR 704, the “on-demand” client shall not sub-charter the aeroplane to a third party or charge or accept remuneration from any third party for air transportation services; and
- instruction regarding the briefing of passengers that shall include the information on the door operation, including its frangibility feature. The instructions shall also be in accordance with any applicable operational requirements (e.g. Business Aviation – Operational Safety Standards System (BA-OSSS) as published by the Canadian Business Aviation Association (CBAA) or CAR 704.34).
VALIDITY
This exemption is in effect until the earliest of the following:
- the date on which any one of the conditions set out in this exemption is breached; or
- the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that the exemption is no longer in the public interest or that it is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada this 21 day of May 2010, on behalf of the Minister of Transport.
« Original Signed By »
David Turnbull
Director, National Aircraft Certification
Civil Aviation
APPENDIX A
REGULATORY REQUIREMENTS
CANADIAN AVIATION REGULATIONS
Part V - Airworthiness
Subpart 21 – Approval of the Type Design
or a Change to the Type Design of an Aeronautical Product
Section 521.158 – Standards of Airworthiness
521.158 (1) Subject to subsections (2) to (9), an applicant for the approval of a change to the type design of an aeronautical product shall demonstrate that the product meets the standards of airworthiness recorded in the type certificate data sheets and in force on the date of the application for the change.
(a) the standards of airworthiness that are in force on the date of application for the proposed change…
…
(3) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) if the Minister determines that the change is not significant in the context of all previous relevant design changes and of all related amendments to the applicable standards recorded in the type certificate data sheets…
FEDERAL AVIATION REGULATIONS
Part 25 Airworthiness Standards: Transport Category Airplanes
Subpart D - Design and Construction - Emergency Provisions
Section 25.813 - Emergency exit access (at Amendment 25-46)
Emergency Exit Access.
***
(e) No door may be installed in any partition between passenger compartments.
Date: May 3, 2010
Assessment Paper
EXEMPTION FROM PARAGRAPH 521.158 OF THE CANADIAN
AVIATION REGULATIONS ONLY WITH RESPECT TO PARAGRAPH 25.813(e) OF THE UNITED STATES OF AMERICA FEDERAL AVIATION REGULATIONS (FAR) PART 25.
BACKGROUND
On 21 April 2010, ACS-NAI Ltd., submitted a request for exemption on behalf of Flying Colours Corp. from the requirements of FAR part 25, Section 25.813, paragraph (e), to allow the installation of a door in a partition between passenger compartments on any CL-600-2B19 (Challenger 850) aeroplane, for the purpose of private operator passenger transportation pursuant to CAR 604 or on-demand air transport service pursuant to CAR 704 (RDIMS# 5848057).
The CL-600-2B19 (Challenger 850) is designed to and includes as part of its Canadian basis of certification, as identified in the Type Certificate Data Sheet No. A-131, the requirements of U.S. Federal Aviation Regulations FAR part 25, Amendments 25-1 through 25-62, which states in FAR part 25, section 25.813, paragraph (e) at Amendment 25-46, “No door may be installed in any partition between passenger compartments”.
In the past, Transport Canada has issued exemptions to 25.813(e) to various organizations including Aero Consulting Services Ltd. (ACS), Bombardier Inc., Bombardier Completion Center Incorporated (BCCI), Dassault Aviation, Dassault Falcon Jet Corp., DECA Aviation Engineering Limited, Elisen Technologies Inc. and Innotech Aviation for various aircraft including the Bombardier Challenger 850, the Global Express and Global 5000, and the Falcon 900 and 900EX aeroplanes to permit the installation of a sliding door in a partition between passenger compartments. In particular, Exemption 147-2008 was issued on November 21, 2008 to Aero Consulting Services Ltd. for the CL-600-2B19 (Challenger 850). The applicable exemptions are for Canadian registered aircraft with a maximum of 19 passengers for the purpose of corporate operations pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704.
PUBLIC INTEREST
The Bombardier Aerospace Group is a major international corporation that provides business aircraft to an international market. They manufacture principally in Canada and the U.S.A. and maintain considerable employment in both countries directly and indirectly. For example, the aircraft manufactured by Bombardier are equipped with avionics and other specialized systems and equipment manufactured in North America.
The Bombardier Aerospace Group provides competition in the corporate aircraft market to manufacturers in Europe and elsewhere. The number of large corporate aircraft existing and predicted is rapidly growing and the majority of these aircraft are being designed, built, crewed and maintained in North America. Maintaining the market edge requires the provision of the features required by operators; for example, the installation of an interior door between passenger compartments to create a private area in corporate airplanes.
Mid-cabin doors are being requested by an increasing number of prospective aircraft operators. They compare the CL-600-2B19 aircraft with the products of European and other foreign aircraft manufacturers who are able to comply with this request. For example, the FAA issued exemptions to the Boeing 737-700IGW (737-BBJ), the French Dassault Aviation Mystere-Falcon 900 and Falcon 900EX and also the Bombardier Global Express aircraft that allow operators of these aircraft equipped with a mid-cabin door to lease the aircraft to another party in accordance with a time sharing agreement pursuant to FAR 91.501.
The inability to offer this feature would create a significant competitive disadvantage for Canadian operators, Bombardier and Flying Colours Corp. For this reason, Transport Canada has previously issued exemptions to DECA Aviation and Aero Consulting Services (ACS-NAI) to permit design approvals to be issued for Challenger 850 aeroplanes equipped with a mid-cabin door, for the purpose of corporate operations pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704.
Flying Colours Corp. is a Canadian company located in Peterborough, Ontario, Canada, that is providing aircraft refurbishment and maintenance services and full green aircraft completions to an international market. Flying Colours Corp. provides employment in Canada. The company is outfitting Bombardier CL-600-2B19 aircraft to compete with other corporate jets such as the Gulfstream GV and the Dassault Falcon 900EX, which are being offered with mid-cabin doors. Not allowing Flying Colours Corp. to design and obtain approval for the installation of interiors containing mid-cabin doors on the CL-600-2B19 aircraft, either as refurbishment or completion, will create a competitive disadvantage. Granting this exemption to all qualified petitioners provides competition and is in the public interest by providing potential customers with the opportunity to select the service provider best suited to satisfy their requirements.
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 # 5835187 V1).
AVIATION SAFETY
Flying Colours Corp. requests the same exemption previously granted to DECA Aviation and Aero Consulting Services Ltd. and does not raise any new concerns with regards to the installation of an interior door between passenger compartments.
Typical Transport Canada granted mid-cabin door exemptions require as one of their conditions that there must be a means to signal to the flight crew in a timely manner when cabin doors are not latched open for take-off and landing, and that this feature must be indicated with the existing Engine Indicating and Crew Alerting System (EICAS). Flying Colours Corp., in their application for exemption, only requests that appropriate procedures/limitations need be established to ensure that take-off and landing is prohibited when a cabin door is not in the proper take-off and landing configuration (i.e., the same as Exemption 147-2008, issued to ACS). In its application, ACS requested that the EICAS indication not be made part of the conditions in their requested exemption. But, at the same time, ACS did not provide any justification for a change in this exemption condition.
It is Transport Canada’s position that, to be effective, the cabin door warning indication must be integrated and timely. Allowing the installation of an interior feature specifically prohibited by the design standards, a feature that has the potential to negatively impact the ability to rapidly evacuate the aircraft in an emergency, justifies the emphasis on the integrated aspect. Considerations such as the impact on egress (configurations where passengers or flight crew members may have to get through two potentially jammed doors, only one of which is required to be a frangible design, to reach an exit) and the additional challenges posed for passengers notwithstanding briefings etc., justifies this conservatism.
The basis of granting an exemption is stated in CAD No.1. The stated policy objective includes “…that the exemption process is equitable to all those who come forward with a request for exemption…”. In the absence of a justification as to why an exemption for the Challenger 850 mid-cabin door installation should be treated differently, meeting this objective requires that Transport Canada continues to be consistent in the conditions applied to the exemption requests for mid-cabin doors.
Based on the above considerations, Transport Canada will use the following modified wording to one of the conditions specified for this exemption:
“The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have a means to signal the flight crew in a timely manner when the cabin doors(s) is (are) not latched open for take-off and landing. This feature shall be integrated with the existing Engine Indicating and Crew Alerting System (EICAS) or otherwise effected in an equivalent manner.”
As with previous requests for the same exemption, Transport Canada considered the applicants request and concluded that with the exemption from compliance with (former) CAR 513.07(1)(a) in place (now CAR 521.158) and FAR 25.813(e), and with the low number of passengers carried and the requirement for a flight attendant on all passenger flights, and these passengers likely using the same airplane frequently and being more familiar with its interior features than the general public would be with the myriad of commercial airplane interiors, a level of safety comparable to that required for airline aircraft would be provided. Furthermore, the affected aeroplane would never be operated in scheduled passenger service nor would it carry the average (naïve) airline passenger. Therefore, the requested door installation would have no adverse effect on the traveling public, nor the public at large.
CONDITIONS
This exemption is subject to Flying Colours Corp. complying with the following conditions:
- No more than one partition of the passenger seating area that incorporates a door shall be permitted;
- The door between passenger compartments shall translate laterally to open and close;
- The door between passenger compartments shall be frangible;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have dual means to retain it in the open position, each of which is capable of reacting the inertia loads specified in section 25.561 of FAR part 25;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have a means to signal the flight crewmembers in a timely manner when the door(s) is (are) not latched open for take-off and landing. This feature shall be integrated with the existing Engine Indicating and Crew Alerting System (EICAS) or otherwise effected in an equivalent manner;
- Appropriate procedures/limitations shall be established to ensure that take-off and landing is prohibited when any such door is not in the proper take-off and landing configuration;
- The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall be operable from either side and if a locking mechanism is installed, it shall be capable of being unlocked from either side without the aid of special tools; and
- Where the door between passenger compartments is to be installed in specified egress paths, a Supplement to the Aeroplane Flight Manual (AFM) shall be furnished containing
- instruction on the door operation, including its frangibility feature
- a limitation specifying that:
- the aeroplane is limited to private operator passenger transportation pursuant to CAR 604 or “on-demand” air transport service pursuant to CAR 704 and complies with all applicable operational regulations, standards, policies and authorities; and
- when operated under CAR 704, the “on-demand” client shall not sub-charter the aeroplane to a third party or charge or accept remuneration from any third party for air transportation services; and
- instruction regarding the briefing of passengers that shall include the information on the door operation, including its frangibility feature. The instructions shall also be in accordance with any applicable operational requirements (e.g. Business Aviation – Operational Safety Standards System (BA-OSSS) as published by the Canadian Business Aviation Association (CBAA) or CAR 704.34).
FINAL DISPOSITION
Transport Canada Civil Aviation does not intend to initiate any unilateral amendment to the current requirements of either FAR part 25, paragraph 25.813(e), or corresponding paragraph 525.813(e) of the Airworthiness Manual. Further exemption requests will be handled on an individual basis.
In 2007, the FAA published a Notice of Proposed Rulemaking (NPRM), Notice No. 07-13, titled “Special Requirements for Private Use Transport Category Airplanes”. This NPRM would 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 aeroplanes that are operated for private use while continuing to provide an acceptable level of safety for those operations. For instance, the proposal would allow interior doors, but to be acceptable, a number of features would have to be incorporated in the design and operational procedures.
The FAA has since promulgated the final rule as SFAR No.109. Transport Canada Civil Aviation is reviewing the final rule and considering putting forward a Notice of Proposed Amendment (NPA) to incorporate parallel certification criteria into the CAR and/or AWM, as appropriate.
VALIDITY
This exemption will be in effect until the earliest of the following:
- 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 he is of the opinion that the exemption is no longer in the public interest, or that it is likely to affect aviation safety.
REFERENCE DOCUMENTATION
Exemption Request from ACS-NAI Ltd. requesting the exemption on behalf of Flying Colours Corp., dated 21 April 2010 (RDIMS# 5848057).
SEA Preliminary Scan Report, RDIMS # 5835187 V1.
FAA Exemption Nos. 7455, dated 7 March 2001, 7668, dated 27 November 2001, 6820A, dated 17 February 1999 and 9833, dated 5 March 2009 from the requirements of FAR 25.813(e).
Transport Canada Exemption Nos. 031-2008 to Aero Consulting Services Ltd. dated 26 March 2008, 076-2008 to Aero Consulting Services Ltd. dated 20 August 2008, 100-2008 to DECA Aviation Engineering Ltd. dated 9 September 2008, and 147-2008 to Aero Consulting Services Ltd. dated 21 November 2008.
FAA NPRM No. 07-13, published in the Federal register/ Volume 72, No.134, dated July 13, 2007.
FAA Final Rule SFAR No.109, Special Requirements for Private Use Transport Category Airplanes, published in the Federal Register/Volume 74, No.88, dated May 8, 2009.
Quote from FAA Exemption 7455
regarding the installation of Mid-Cabin doors in the Global Express
“After considerable deliberation, the FAA has concluded that the installation of interior doors, with certain limitations, can be accepted. In order to maximize the level of safety, the FAA will require that certain limitations, including some as proposed by the petitioner, be made mandatory to permit such installations. As noted previously, there are precedents for this decision involving other private use airplanes.
Finally, regarding the type of operation permitted under the terms of this exemption, the FAA notes that the petitioner refers to "non-scheduled" commercial operation. It should be noted that, whether or not operations are scheduled, this exemption does not permit fares to be collected in exchange for transportation. It is also the intent of this exemption that the airplane is not used to transport the general public (common carriage) even if fares are not collected. This exemption does not restrict one party from collecting fees from another party, as long as the airplane is operated for private use. That is, the airplane's owner may lease the airplane to another party, who in turn operates the airplane.
The Grant of Exemption
In consideration of the foregoing, I find that a grant of exemption is in the pubic interest and will not adversely affect the level of safety provided by the regulations. Therefore,
pursuant to the authority contained in 49 U.S.C. 40113 and 44701, delegated to me by the Administrator (14 CFR Section 11.53), the petition of Garrett Aviation/The Jet Center for an exemption from the requirements of 14 CFR Section 25.813(e), to allow installation of interior doors between passenger compartments, on the BD-700-1A10 airplane, is hereby granted, with the following provisions:
- The airplane is not operated for hire or offered for common carriage. This provision does not preclude the operator from receiving remuneration to the extent consistent with 14 CFR part 125 and 14 CFR part 91, subpart F, as applicable.
14 CFR Part 91 - GENERAL OPERATING AND FLIGHT RULES, Subpart F-Large and Turbine-Powered Multiengine Airplanes
FAR 91.501 Applicability.
…
(b) Operations that may be conducted under the rules in this subpart instead of those in parts 121, 129, 135, and 137 of this chapter when common carriage is not involved, include-
…
(6) The carriage of company officials, employees, and guests of the company on an airplane operated under a time-sharing, interchange, or joint ownership agreement as defined in paragraph (c) of this section;
(c) As used in this section-
(1) A "time sharing agreement" means an arrangement whereby a person leases his airplane with flight crew to another person, and no charge is made for the flights conducted under that arrangement other than those specified in paragraph (d) of this section;
…(d) The following may be charged, as expenses of a specific flight, for transportation as authorized by paragraphs (b) (3) and (7) and (c)(1) of this section:
(1) Fuel, oil, lubricants, and other additives.
(2) Travel expenses of the crew, including food, lodging, and ground transportation.
(3) Hangar and tie-down costs away from the aircraft's base of operation.
(4) Insurance obtained for the specific flight.
(5) Landing fees, airport taxes, and similar assessments.
(6) Customs, foreign permit, and similar fees directly related to the flight.
(7) In flight food and beverages.
(8) Passenger ground transportation.
(9) Flight planning and weather contract services.
(10) An additional charge equal to 100 percent of the expenses listed in paragraph (d)(1) of this section.”
CAR Interpretations
"on demand" - means an air transport service where the date, time and place(s) of departure and arrival are negotiated directly between a client and the air operator. [CAR 724 Division I – General, Definitions]
"air transport service" - means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points. [CAR 101.01 Interpretation]
- Date de modification :