EXEMPTION FROM SECTION 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.

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 25.813(e) of the United States of America Federal Aviation Regulations (FAR) part 25, subject to the following conditions.

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 BD-700-1A11 (Global 5000) aeroplane to be configured with a door in a partition between passenger compartments, such that the emergency exit access requirements of the applicable standards contained in the AWM 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 Innotech.

APPLICATION

This exemption applies to Innotech only as part of the basis of certification for any STC applied for by Innotech, that approves the installation of a door in a partition between passenger compartments on any Bombardier BD-700-1A11 (Global 5000) aeroplane (Type Certificate No. A‑177), 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 Innotech complying with the following conditions:

  1. No more than one partition of the passenger seating area that incorporates a door shall be permitted;

  2. The door between passenger compartments shall translate laterally to open and close;

  3. The door between passenger compartments shall be frangible;

  4. 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;

  5. 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);

  6. 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;

  7. 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

  8. Where the door is to be installed in specified egress paths, a Supplement to the Aeroplane Flight Manual (AFM) shall be furnished containing:

    1. instruction on the door operation, including its frangibility feature;

    2. a limitation specifying that

      1. 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

      2. 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
    3. 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:

(a) the date on which any one of the conditions set out in this exemption is breached; or
 
(b)  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  25  day of June 2010, on behalf of the Minister of Transport.

 

 

«Original Signed by Rémy Knoerr for»

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.

(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 25-88)

Each required emergency exit must be accessible to the passengers and located where it will afford an effective means of evacuation. Emergency exit distribution must be as uniform as practical, taking passenger distribution into account; however, the size and location of exits on both sides of the cabin need not be symmetrical. If only one floor level exit per side is prescribed, and the airplane does not have a tailcone or ventral emergency exit, the floor level exit must be in the rearward part of the passenger compartment, unless another location affords a more effective means of passenger evacuation. Where more than one floor level exit per side is prescribed, at least one floor level exit per side must be located near each end of the cabin, except that this provision does not apply to combination cargo/passenger configurations. In addition:

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

 

 

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