EXEMPTION FROM SECTION 525.01 OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 525.785(b) OF THE AIRWORTHINESS MANUAL

From: Transport Canada

Pursuant to paragraph 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 Completion Centre Incorporated (hereinafter "BCCI"), 200 Chemin Côte Vertu Ouest, Dorval, Québec from the requirements of section 525.01 of the Canadian Aviation Regulations (CARs) and of paragraph 525.785(b) of the Airworthiness Manual.

Paragraph 525.785(b) of the Airworthiness Manual 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 BCCI to install side facing divan(s) on any BD700-1A10 aeroplane manufactured prior to January 1, 2004. For the purpose of this exemption, the date of manufacture shall be the date on which inspection records show that an aeroplane is in a condition for safe flight. The date applicable is not necessarily the date on which the aeroplane is in conformity with the approved type design or the date on which a certificate of airworthiness is issued. It could be an earlier date but would not be later than the date on which the first flight of the aeroplane occurs.

APPLICATION

This exemption applies to BCCI only for the installation of side facing divan(s) on any BD700-1A10 aeroplane manufactured prior to January 1, 2004, permitting that divan be occupied during taxi, take-off and landing for any type of operation, commercial or private.

CONDITIONS

This exemption is subject to the following conditions:

  1. Seat Certification Requirements:
  1. 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;
  2. 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;
  3. 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 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;
  4. 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;
  5. Thoracic Trauma Index : 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 capable of registering such a value shall be used. TTI is less than 85g as defined by CFR, Title 49, Chapter V, Section 571.214, paragraph S5.1;
  6. 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 a LPA value, an appropriate test device capable of registering such a value shall be used. The lateral pelvic acceleration shall not exceed 130g as defined in CFR, Title 49, Chapter V, Section 571.214, paragraph S5.2;
  7. 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;
  8. 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 Hybrid II ATDs;
    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.
  9. (An operational procedure shall exist to ensure that each passenger is made aware that the particular aeroplane incorporating side-facing divans allowed under the terms of this exemption to be occupied during taxi, take-off and landing does not comply with all of the occupant safety standards mandated for the aeroplane type in general in regards to the side-facing divan. TCCA will allow each operator to determine how best to accomplish this notification, but will require that procedures be developed whereby each passenger is so informed, prior to flying on the aeroplane for the first time; and
  • Seat 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 be certified to TSO-C39b;
    3. The side-facing divan shall meet the requirement of §25.562 of the U.S. Code of Federal (CFR), Title 14.

VALIDITY

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

  1. Midnight on November 30, 2004;
  2. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect;
  3. the date on which any one of the conditions set out in this exemption is breached; or
  4. 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 this 9th day of June, 2003, on behalf of the Minister of Transport.

 

Martin J. Eley
Director, Aircraft Certification
Civil Aviation

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