BOMBARDIER COMMERCIAL AIRCRAFT

13100 HENRI-FABRE BLVD. MIRABEL, QUÉBEC CANADA J7N 3C6

TEL. 514-855-5000

FAX. 514-855-7401

www.bombardier.com

1 of 3 Mirabel, November 10 th , 2014

AW-CRJ/14/752

Mr. Gaetano Scortino, Manager NYACO

New York Aircraft Certification Office

Federal Aviation Administration
1600 Stewart Avenue Westbury, New York

U.S.A 11590

Attention: Mr. Serge Napoleon, Project Manager Mr. Victor Wicklund, Transport Standards Staff, Transport Airplane Directorate Mr. John Piccola, Acting Manager, Transpor t Standards Staff, Transpor t Airplane Directorate

Subject: Bombardier Regional Jet CL-600-2E25 (CRJ1000) – Additional Information Related to Request to FAA for 36-month Extension to Time-Limited Exemption 10175.

References: 1. Bombardier “Airworthiness - CRJ 1000” eRoom Certification Action Item 3678:https://ecs8.aero.bombardier.net/eRoom/Certification/AirworthinessCRJ1000Sustaining/0_3e1fe

. 2. Bombardier letter AW-CRJ/12/746, dated 2012-11-13, titled “CL-600-2E25 (CRJ1000) Revised Exemption Request Against 14CFR 25.981(a)(3)”. 3. FAA Letter, Docket 2010-0287-0014, dated “2013-04-12”. 4. FAA Letter, Docket 2010-0287-0015, dated “2013-12-06”.

Dear Sirs,

In addition to the initial Bombardier request for a 36-month extension to the FAA Time-Limited Exemption 10175 (extension from 2012-12-17 to 2015-12- 17) [Reference 2] and in response to your letters [Reference 3 & 4], Bombardier offers the following:

In the first letter, dated April 2013, the FAA explained that:

1. FAA Position: The FAA explains that “Provision number 4 of exemption no. 10175 anticipated the current situation where Bombardier did not demonstrate compliance within the 24-month period.

Provision 4 states. “If Bombardier is unable to demonstrate compliance ... within 24 months after type certification of the airplane, the FAA will not issue further airworthiness certificates until

Bombardier shows that the conditions are met.” ”

Bombardier Position: Bombardier respectfully requests that the FAA re-evaluate the above provision in light of the renewed “Public Interest” argument presented in point 3 below, as well as the practical difficulties Bombardier has encountered while attempting to establish compliance against 14CFR25.981(a)(3) for the current metallic Water Drain Valve (WDV) and housing, which will be2 of 3 presented in point 2 below.

2. FAA Position: The FAA explains that “Considering that Bombardier successfully completed the majority of the tests in March 2012 with only one aspect or the design requiring reassessment and possible redesign and retest, it is not clear based on materi al provided by Bombardier why Bombardier is not able to complete this activity within 6 to 12-months of the current exemption schedule.” The FAA therefore requests that Bombardier “[...] provide the results of our finalized preliminary concepts and an expedited schedule, rather than a "worst case scenario" schedule” . According to the FAA, “The expedited schedule should include expedited test article construction, expedited testing and documentation, and expedited completion of design and implementation.”

Bombardier Position: Bombardier strongly believes we have planned for an expedited schedule which has so far included expedited test article construction and expedited testing. However, Bombardier has had to add additional testing to the schedule due to failures from previous tests.

Bombardier will provide by December 19 th , 2014, a separate confidential presentation to the FAA, highlighting the current progress and results of the testing, the practical issues that Bombardier has faced, and the plan/schedule for the next steps.

3. FAA Position: The FAA explains that “Bombardier’s request for extension of the 24-month period states that no CRJ1000 airplanes are operated in the U.S. and that no deliveries to U.S. operators are forecast”, and suggested that “The public interest in the U.S. suggested by Bombardier is largely based on the assumption that new production airplanes will be operated by U.S . operators.” The FAA therefore asked Bombardier to “Please reassess the public interest such an extension to the exemption would provide in the U.S. in consideration of the expedited schedule, requested above, and the impact on forecast operations of CRJ1000 airplanes in the

U.S.”

Bombardier Position: Due to the current FAA position to “ not issue further airworthiness certificates until Bombardier

shows that the conditions are met” as described in point 1 above, Bombardier maintains that the argument that “no CRJ1000 airplanes are operated in the U.S. and that no deliveries to U.S. operators are forecast” should not be interpreted by the FAA as a lack of a “Public Interest” argument, because the FAA has effectively prohibited CRJ certification in the U.S. as of 2012- 12-17 which as a consequence has denied any future CRJ1000 sales/deliveries in the U.S (i.e. the chicken and the egg argument).

Bombardier confirms that many US operator s have shown interest in procuring CRJ1000s for their fleets, and Bombardier respectfully requests that the FAA consider such interest as part of the “Public Interest” argument. Bombardier is in advanced negotiations with 1 US operators who has a firm willingness to procure CRJ1000(s) if compliance to 14CFR25.981(a)(3) is demonstrated by Bombardier or the subject exem ption extension is granted by the FAA. This operator cites competitive advantages in term s of operating the CRJ1000 when compared to the existing CRJ products in their fleet as a strong economic motivator for the acquisition, and Bombardier therefore claims that any economic benefits related to the introduction of the3 of 3 CRJ1000 in the U.S. would ultimately serve the U.S. public interest through increased access to air transportation and lower fares.

Bombardier is willing to provide additional information to the FAA about which U.S. operator has shown interest in the CRJ1000, to strengthen the “Public Interest” argument, if such information is treated confidentially.

Bombardier hopes that the above will allow the FAA to continue to consider the petition for extension to the existing Exemption.

Should you have any questions, please do not hesitate to contact Hagop Kazarian, Bombardier Airworthiness Section Chief for CRJ Programs, at (514) 855-5001 ext. 29334, or by email at hagop.kazarian@aero.bombardier.com

.

Yours very truly,

(For) John Kotnjek Manager, Airworthiness Bombardier Aerospace

JK/hk