EXEMPTION FROM PARAGRAPH 513.07 OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 513.07(1)(b) OF THE AIRWORTHINESS MANUAL

Pursuant to subsection 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 Dassault Falcon Jet Corp., 3801 East 10th Street, Little Rock, Arkansas 72202-3366, U.S.A. from the requirements set out in paragraph 513.07(1)(b) of the Airworthiness Manual made pursuant to section 513.07 of the Canadian Aviation Regulations (CARs) only with respect to 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 Dassault Falcon Jet Corp. to install a door in a partition between passenger compartments on any Falcon 900EX aeroplane, for the purpose of private operator passenger transportation pursuant to CAR 604 or on-demand air transport service pursuant to CAR 704.

APPLICATION

This exemption applies to Dassault Falcon Jet Corp. only for the Supplemental Type Certificate Number ST10461Sc-D, which approves the installation of a door in a partition between passenger compartments on any Falcon 900EX aeroplane (Type Certificate No. A-136) 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 the following conditions:

  1. 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;
  2. No more than one partition of the passenger seating area, which incorporates a door, shall be permitted;
  3. The door between passenger compartments shall translate laterally to open and close;
  4. The door between passenger compartments shall be frangible;
  5. 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;
  6. The door between passenger compartments and, if applicable, any other door between a passenger compartment and emergency exits shall have a means to signal to the flight crew in a timely manner when the cabin door(s) is (are) not latched open.  This feature shall be integrated with the existing Engine Indicating and Crew Alerting System (EICAS);
  7. Appropriate procedures/limitations shall be established to ensure that take-off and landing is prohibited when any such door between passenger compartments is not in the proper take-off and landing configuration;
  8. 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;
  9. Where the door is to be installed in specified egress paths, a Supplement to the Aeroplane Flight Manual (AFM) shall be developed containing:
    1. instruction on the door operation, including its frangibility feature;
    2. 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 shall comply with the applicable operational regulations, standards, policies and authorities; and
    3. instruction regarding the briefing of passengers in accordance with the applicable operational requirements in the Business Aviation – Operational Safety Standards System (BA-OSSS) as published by the Canadian Business Aviation Association (CBAA) or CAR 704.34. The briefing shall include the information from the AFM Supplement required at 9.a) above.

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 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 30th day of January 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Martin J. Eley
Director, National Aircraft Certification
Civil Aviation

Attachment – Appendix A


APPENDIX A

REGULATORY REQUIREMENTS

CANADIAN AVIATION REGULATIONS
Part V - Airworthiness
Subpart 13 – Approval of Modification and Repair Designs
Section 513.07 – Applicable Standards

 

513.07 (1) Subject to subsections (2) to (11), an applicant for a supplemental type certificate, a limited supplemental type certificate or a change to these certificates shall show that the changed aeronautical product meets

  1. the standards of airworthiness that are in force on the date of application for the proposed change…


(3) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) if the Minister determines that the proposed change is not significant in the context of all previous relevant design changes and the related amendments of the applicable standards recorded in the type certificate data sheets…

 

AIRWORTHINESS MANUAL
Chapter 513 – Approval of Modification and Repair Designs
Section 513.07 – Applicable Standards

(1) Pursuant to section 513.07 of the CARs, the standards of airworthiness that apply to a change in type design are:


(b) the equivalent standards from Part V of the CARs - if the existing certification basis consists of standards that are no longer accepted in Canada for a new type - unless the Minister allows continued compliance with the existing certification basis.

 

FEDERAL AVIATION REGULATION
Part 25 Airworthiness Standards: Transport Category Airplanes
Subpart D - Design and Construction - Emergency Provisions
Section 25.813 - Emergency exit access (at Amendment 25-46)

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

Date de modification :