DGT-DTC/F5X 371111 Exemption attachment - page 1/3

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FALCON 5X - Petition for exemption from 25.809(a) on RH type III 

overwing emergency exit

In accordance with Title 14 CFR Part 11, Dassault Aviation respectfully submits the present 

petition for exemption from Title 14 CFR Part 25, Section 25.809(a) at Amendment 25-116. 

This exemption, if granted, would permit relief from the “viewing of the likely areas of evacuee 

ground contact prior to opening the door” requirement for the type III overwing emergency exit 

on Falcon 5X aircraft.

Petitioner Contact [as per 14 CFR Part 11, §11.81(a)]

Matthieu Amberg

DASSAULT AVIATION

Falcon 5X Program Certification Engineer

78, quai Marcel Dassault - Cedex 300

92552 Saint-Cloud Cedex - France

Phone: +33 1 47 11 32 52

E-Mail: matthieu.amberg@dassault-aviation.com

Specific section of 14 CFR from which an exemption is required [as per 14 CFR Part 11, 

§11.81(b)]

Section 25.809(a), Amendment 25-116: Each emergency exit, including each flightcrew 

emergency exit, must be a moveable door or hatch in the external walls of the fuselage, 

allowing an unobstructed opening to the outside. In addition, each emergency exit must have 

means to permit viewing of the conditions outside the exit when the exit is closed. The viewing 

means may be on or adjacent to the exit provided no obstructions exist between the exit and the 

viewing means. Means must also be provided to permit viewing of the likely areas of evacuee 

ground contact. The likely areas of evacuee ground contact must be viewable during all 

lighting conditions with the landing gear extended as well as in all conditions of landing gear 

collapse.

Extent of Relief and Reason for Seeking Relief [as per 14 CFR Part 11, §11.81(c)]

For the Falcon 5X aircraft type III overwing emergency exit (RH side), Dassault Aviation seeks 

a relief from part of the here above section requiring the viewing of the likely areas of evacuee 

ground contact prior to opening the door.

For this exit, the outside evacuation path follows a marked route on the wing box, from the 

overwing type III emergency exit to the leading edge and down to the ground, without 

requiring an assist means (thanks to the low height of the wing leading edge).

Considering the outside viewing from the overwing exit window as well as from the adjacent 

window, the likely point of contact with the ground is masked by the wing box. A relief from 

the 14 CFR §25.809(a) is necessary since the literal compliance to this requirement is not 

practical for overwing emergency exit configurations.
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This document is the intellectual property of DASSAULT AVIATION. It may not be used, reproduced, modified or disclosed without its authorization. DASSAULT AVIATION Proprietary Data.

In addition Dassault Aviation understands that the intent in this rule was that it is not necessary 

for a person to be able to view the ground contact point while in position to open an overwing 

exit. And that the FAA is considering rulemaking to harmonize this requirement with EASA 

requirement CS25.809(a)(3) at amendment 12, which limits the ground contact point visibility 

requirement to non-overwing passenger emergency exits only:

CS25 Amdt12 - §25.809(a)(3): For non-overwing passenger emergency exits, a means must 

also be provided to permit viewing of the likely areas of evacuee ground contact when the exit 

is closed with the landing gears extended or in any condition of collapse. Furthermore, the 

likely areas of evacuee ground contact must be viewable with the exit closed during all ambient 

lighting conditions when all landing gears are extended.

Reasons why granting your request would be in the public interest [as per 14 CFR Part 11, 

§11.81(d)]

Whereas Dassault Aviation is not an American aircraft manufacturer, its completion center 

Dassault Falcon Jet (DFJ) is a large American facility settled for a long time within the United 

States aircraft industry. In addition, as for all Dassault Aviation Falcon aircraft programs, the 

Falcon 5X program involves numerous US Companies as aircraft systems and airframe and 

services suppliers. Falcon 5X business will increase the already established Falcon business 

which represents thousands of jobs over the United States.

Denial of this petition would negatively impact the ability of the Falcon 5X to compete with 

other airplanes in the executive market, that have been already been granted with exactly the 

same exemption. This will adversely impact the economy and employment of French and US 

companies, which would be against the public interest.

Not granting this petition would force a major and unforeseen design and manufacturing effort 

necessary for the modification of the exit configuration. Such effort would not lead to a level of 

safety enhancement and would lead to delays in the business activity of the US citizens Falcon 

customers as well as in the business between Dassault Aviation and its numerous US’s partners 

involved in the Falcon 5X project.

Granting this exemption would be in the interest of the public as the level of safety provided by 

the 5X design would be consistent with the intent of the rule. 

Reasons why granting the exemption would not adversely affect safety [as per 14 CFR Part 

11, §11.81(e)]

Since Amendment 25-116, the intention of the §25.809(a), requesting the outside viewing 

means, is to enable an evacuee to ascertain whether to open an exit, and whether it would be 

safe to evacuate through the exit, based on an assessment of the outside conditions. 

On Falcon 5X, the wide field of vision through the emergency exit window provides excellent 

situation awareness for occupants preparing to open the overwing emergency exit. Any hazard 

that would pose immediate threat to the occupant if the door is opened would surely be detected 

by observing through this window. This viewing means enable then a safe opening of the door 

consistently with the intention of the rule.
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Any hazard at the point of contact with the ground, would be detected by the evacuee from his 

safe station on the wing box.

Granting an exemption would enable to propose the Falcon 5X with an overwing emergency 

exit configuration which meets the level of safety intended by the amendment 25-116 to 

regulation FAR §25.809(a).

Petition summary for Federal Register publication [as per 14 CFR Part 11, §11.81(f)]

In accordance with Title 14 CFR Part 11, Dassault Aviation submits a petition for exemption 

from Title 14 CFR Part 25 section 25.809(a) at amendment 25-116 for the type III overwing 

emergency exit on Falcon 5X aircraft.

Additional information, views or arguments available to support your request [as per 14 

CFR Part 11, §11.81(g)]

Before the opening of the overwing type III emergency door, evacuee will be able to observe 

the complete overwing surface, thanks to the window field of view and thanks to the outside 

emergency light required by §25.812(g)(1)(ii).

During evacuation from the overwing exit, evacuee located on the wing marked evacuation 

route, will be in a position to detect hazards that would threaten safety during the stepping 

down from the wing at the dedicated point. If the dedicated point of contact with the ground is 

not favorable, the evacuee will still be able to either

 stop the cabin evacuation from the RH type III overwing exit and evacuate from the LH 

type I exit,

 or divert the evacuation path to slide from the wing to the ground further outboard This 

being made possible by the outside emergency light which exceeds the level required by 

§25.812(g)(1)(ii) and by the low height of the wing leading edge which remains below 6 feet 

from the ground farther from the marked sliding point, even in adverse collapsed landing 

gear configurations.

Operation Outside of the United States [as per 14 CFR Part 11, §11.81(h)]

Falcon 5X aircraft will be operated all other the world by its US registered operators, therefore 

Dassault Aviation requests to exercise the privileges of the exemption outside the United 

States.

Conclusion

Considering on one hand the harmonization projected by FAA for CS25.809(a) regulation with 

EASA regulation improved text, and on the other hand the exemptions already granted by FAA 

for similar overwing exit configuration, Dassault Aviation believes that granting this exemption 

petition will be in the public interest and will not adversely affect safety of Falcon 5X

passengers.