Page 1 of 2 February 11 th , 2013

AW-BD5/13/104

Mr. Gaetano Sciortino Manager, New York Aircraft Certification Office

Federal Aviation Administration

1600 Stewart Avenue Westbury, New York

U.S.A. 11590

Attention: Mr. Serge Napoleon, Project Manager

Subject: CSeries aeroplane models BD-500-1A 10 (CS100) & BD-500-1A11 (CS300) – Petition for Exemption per 14CFR § 11.61(b) from 14CFR § 25.809(a) with respect to Visibility of the Ground Area under Certain Conditions.

References: (1) BA Letter AW-BD5/12/393, titled “CSeries aeroplane models BD-500- 1A10 (CS100) & BD-500-1A11 (CS300) – Petition for Exemption from CAR 521.30(1)(e) for AWM 525.809(a) with respect to visibility of the ground area under certain condi tions.”, dated 2012-06-21. (2) Title 14 Code of Federal Regula tions (14CFR) § 11.81, titled “What information must I include in my petition for an exemption?”, Docket No. 1999–6622, 65 FR 50863, dated 2000-08-21. (3) TCCA Issue Paper OS-07 Edition 2 Closed, titled “Emergency Exit Viewing Means”, dated 2012-05-09, RDIMS 7249414. (4) Code of Federal Regulations (CFR ) Final Rule. Docket No. FAA-2004- 19412. Titled “Miscellaneous Cabin Safety Changes”. Issued on 2004-10-

15. (5) FAA Exemption No. 10114 for Boeing Model 787 Series. (6) EASA CS-25 Certification Specifi cations and Acceptable Means of Compliance for Large Aeroplan es, Amdt. 12, § 25.809(a), AMC 25.809 and AMC 25.809(a)(3) (7) BA Letter AW-BD5/12/771, titled “CSeries Aeroplane Models BD-500- 1A10 (CS100) and BD-500-1A11 (CS300) – Petition for Exemption per 14CFR §11.61(b) from 14 CFR §25.809(a) with Respect to Visibility of

the Ground Area Under Certain Conditions”, dated 2012-11-14. HEADQUARTERS

BOMBARDIER AEROSPACE 400 CÔTE-VERTU ROAD WEST DORVAL, QUÉBEC CANADA H4S 1Y9

TEL. 514-855-5000

FAX. 514-855-7401

WWW.BOMBARDIER.COMPage 2 of 2 Dear Mr. Napoleon,

Bombardier Aerospace would like to modify the Exemption Request Form previously submitted [see reference (7)], to delete th e request for exemption from 14 CFR §25.809(a) with regards to viewing of the ground contact area under gearcollapse and night time conditions for nonoverwing passenger exits, based on feedback re ceived from the FAA-Transport Airplane Directorate, which indicated that item b), under the heading The Ex tent of Relief We Seek, is not necessary due to the interpretation of the regulation attached below.

Enclosed with this letter is the Exemption Request Form which has been completed in
accordance with 14CFR § 11.81 [see reference (2)]. This petition of exemption is based on
references (1), (3), (4), (5) and (6).

Should you require additional information, pl ease contact Yu Ning Lee at (514) 855-5001 extension 62282 or yu.ning.l ee@aero.bombardier.com.

Yours truly,

Keith Barnett Airworthiness Manager, CSeries Bombardier AerospaceAttachment to ANM-115-09-01

The preamble to the final rule notes that the outside viewing means ha s two purposes: 1) to assess whether to open an exit, and then 2) to assess whether to evacuate from that exit. We also noted that there might be a different viewing means to accomplish each purpose, and gave criteria to address each purpose. We also noted that since these were to be used in an emergency, which could occur under any lighting condition, the means needs to work under any lighting condition. Because there is a distinc tion in the two roles of the viewing means, it

is clear that a different set of conditions can exist between making th e first assessment, and making the second assessment.

To make the first assessment, a person should be able to see the outs ide area and generally determine whether it is safe to open the exit—whe ther in daylight or in darkness. While we agree that an external fire is a major reason to not open an exit, there are other reasons including terrain, proximity to an obstacle and water-level, not to do so. For this these reasons, a person inside the airplane should have some form of lighting available to assess the outside in dark of night conditi ons. It is reasonable that th is lighting would cover the area where a slide would deploy with the airplane on its gear. An area on the ground consistent with that used to show complia nce with §§ 25.812(g) and (h) is su fficient. In other attitudes, such a light should be located to provide a situational perspectiv e sufficient to decide whether to open the exit, given the types of othe r hazards discussed above. However, this light is not required to illuminate specific areas on the gr ound in conditions of la nding gear collapse.

The second assessment will only be made after the exit has already been opened. Thus, the lighting necessary to make use of the viewing m eans does not have to be available before the exit is opened and can come from the escape slid e, for example. That is , given that the second assessment only occurs after the exit has been determined safe to open, lights integrated into slides would be an acceptable lighting source.

We have considered the design ramifications if the viewing means and its light source were required to cover all likel y areas of ground contact before the exit were opened. We agree that such coverage would be excessive and beyond the intent of the rule. As discussed above, the lighting necessary to determine whether to op en an exit can focus on the area of ground contact in the landing gear extended case. We c onsider that this will be sufficient to provide the visibility necessary to make that determ ination in other ground attitudes as well.

To summarize, the regulation requires that th ere be means to view outside conditions and

sufficient illumination of the exterior to allo w a crewmember to decide whether to open an exit. At this point, we are not aware of a me thod of compliance that does not have airplanemounted exterior emergency lighting. The re gulation also requires a means to determine whether to use the exit, but this can take place afte r the exit is open.Bombardier Airworthiness Coordination Sheet

Page 1 of 2 Subject: BA letter AW-BD5/13/104, titled “BD-500-1A10 (CS100) & BD-500-1A11 (CS300) – Petition for Exemption per 14C FR § 11.61(b) from 14CFR § 25.809(a) with respect to visibility of the gr ound area under certain conditions”, dated 2013-

02-11.

Reference: 1. Airworthiness – CSeries Cert ification eRoom Action Item #2614.

DISCIPLINE NAME APPROVAL / DATE

Occupant Safety (Interiors) A. Chiesa

Occupant Safety (Doors) K. Minchau

WP Director A. Chartrand

Airworthiness Focal Y. N. Lee

Airworthiness Manager K. BarnettEXEMPTION REQUEST FORM

Page 1 of 2 REQUEST MADE BY:

Bombardier Inc.

400 Côte-Vertu Road West Dorval, Québec, Canada H4S 1Y9

Contact Person: Keith Barnett

Email: keith.barnett@aero.bombardier.com Tel: (514) 855-7567 Fax: (514) 855-7301

REQUEST MADE TO:

Federal Aviation Administration (FAA)

New York Aircraft Cer tification Office (NYACO)

14CFR PROVISION:

14CFR § 11.61(b)

SPECIFIC SECTIONS OF 14CFR FROM WHICH WE SEEK AN EXEMPTION:

14CFR § 25.809(a)

THE EXTENT OF RELIEF WE SEEK:

BA requests an exemption from complian ce with 14CFR § 25.809(a), with regards to:

a) Viewing of the ground contact area under all light ing and landing gear conditions for flight crew exits;

b) Viewing of the ground contact area under all li ghting and landing gear conditions for over wing passenger exits.

THE REASON WE SEEK RELIEF:

a) Difficulties encountered with implementation of the rule as detailed on table 1, attached.

b) Existence of later EASA equivalent rule text addressing difficu lties indicated above.

c) Indication in EASA NPA 2011-10 3 section A.I. 6.b that “FAA agreed in principle with the proposed technical content and confir med their intention to harmonize”.EXEMPTION REQUEST FORM

Page 2 of 2 HOW OUR REQUEST WOULD BENEFIT THE PUBLIC AS A WHOLE:

Granting this exemption would benefit the public as a whole, because it:

a) Avoids waste of resources to meet some asp ects of the present regulation which will be changed in the future due to rec ognized implementation difficulties.

b) Allows the CSeries aeroplane models BD-500-1A10 (CS100) & BD-500-1A11 (CS300) designs to meet EASA, FAA and TCCA anticip ated future harmonized regulation preventing competitive disadvantage due to additional design/manufacturing complexity and increased weight.

c) Avoids additional airline opera tion costs associated with:

- maintenance/spare parts for a more complex viewing system;

- fuel consumption/emissions produced by additional weight of such system.

REASONS WHY THE EXEMPT ION WOULD NOT ADVERSELY AFFECT SAFETY:

Granting this exemption would not affect safety, because:

a) As stated under the sections titled Summary and Background of the 14 CFR Final Rule, the objective was not to address a known safety issu e, but to update the regulation to catch-up with industry state-of-the -art and design practices. 1

b) The CSeries aeroplane models BD-500-1A10 (CS100) & BD-500-1A11 (CS300) design is consistent with industry present st ate-of-the-art a nd design practice.

c) The CSeries aeroplane models BD-500-1A 10 (CS100) & BD-500-1A11 (CS300) will comply with anticipated future harmonized requirements as written in the EASA CRD 2 to
NPA 2010-11 3 and now incorporated in EASA CS 25.809(a) at Amdt 12, and specific conditions in Appendix B of TCCA Issue Paper OS-07 4

.

d) The exterior views required in EASA CS 25.809(a)(2) and (a)(3) at Amdt 12 will be demonstrated by a combination of analysis and test.

1 Code of Federal Regulations (CFR) Final Rule. Docket No. FAA-2004-19412. Titled “Miscellaneous Cabin Safety Changes”. Issued on 2004-10-15.

2 EASA Comment Response Document (CRD) to NPA 2 010-11, titled “Passenger Emergency Exits, Emergency Features and Escape Routes – Harmonization with FAA”, dated 2011-10-04.

3 EASA Notice of Proposed Rulemaki ng (NPA) 2010-11, titled “Passenger Em ergency Exits, Emergency Features and Escape Routes – Harmonization with FAA”, dated 2010-09-08.

4 TCCA Issue Paper OS-07 Edition 2 Closed, titled “Emerg ency Exit Viewing Means”, dated 2012-05-09, RDIMS

7249414.EXEMPTION REQUEST FORM

Page 3 of 2 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER:

Bombardier Aerospace (BA) has encountered difficulties complying with the requirement of 14CFR § 25.809(a) for the CSeries airplane models BD-500-1A10 (CS100) & BD-500-1A11 (CS300), with respect to the viewing of the ground contact area under all lighting and landing gear conditions for flight crew and over wing exit s. Current designs are such that flight crew

members are able to view the outside conditions from the flight crew compartment window in daylight conditions, but cannot view the ev acuee ground contact area as required by 14CFR § 25.809(a). In the case of lower wing airplanes wi th over wing exits, lik e models BD-500-1A10 (CS100) and BD-500-1A11 (CS300), it is not feasible to view the ground from the exit location. Therefore, compliance with the requirement fo r viewing of the ground c ontact area under all lighting and landing gear c onditions is not possible.

Considering the above, BA requests an exem ption from compliance with 14CFR § 25.809(a), with regards to:

a) Viewing of the ground contact area under all lighting and landing gear conditions for flight crew exits;

b) Viewing of the ground contact area under all li ghting and landing gear conditions for over wing passenger exits.

The CSeries airplane models BD-500-1A10 (C S100) & BD-500-1A11 (CS300) will nonetheless comply with anticipated future harmonized requi rements as indicated in the EASA CRD to NPA 2010-11 and now incorporated in EASA CS 25.8 09(a) at Amdt 12, and specific conditions imposed by the authorities to allow such an exemption.EXEMPTION REQUEST FORMEmergency Exit Viewing MeansExitLocationsIlluminationConditionsViewing MeansLocationExit Positions Landing GearPositionsRemarksDay Night Normal Collapsed25.809(a)- Means to permitviewing of theoutside conditionsPer Final Rulepreamble the FAAexpects that theremay be two separatemeans to view theoutside conditionsand the area orevacuee groundcontact.Flight deck Not specifiedper FAA FinalRule preamble.It was FAA’sexpectation thatday and nightilluminationsconditions wereimplied.On or adjacent toexit provided noobstructionsexist betweenthe exit and theviewing meansClosedRule is silent on this butfrom the NPRM it isclear that the intent wasthat all conditions oflanding gear collapse beconsidered.Without external emergency lighting systems it is not possible to complyduring night illumination conditions.FAA (Exemption 10114) has acceptedthat a portable illumination device accessible to crewmembers would beacceptable.Passengercabin floorlevelemergencyexitsWithout external emergency lighting systems it is not possible to complyduring night illumination conditions. Per final rule preamble, FAA intendedthat external emergency lighting wouldbe needed to comply. Per exemption10235, FAA have granted temporary relief from complying with this undernight lighting conditions.Passengercabin overwing exits25.809(a)- Means to permitviewing of likelyareas of evacueeground contactPer Final Rulepreamble the FAAexpects that theremay be two separatemeans to view theoutside conditionsand the area orevacuee groundcontact.Flight deck All ambientlightingconditionsNot specifiedNot specifiedNormal and collapsedDifficulties viewing areas of evacuee ground contact under all gear positionsand all illumination conditions due to fuselage curvature.Passengercabin floorlevelemergencyexitsDifficulties viewing areas of evacuee ground contact under gear collapse undernight illumination conditionsPassengercabin overwing exitsDifficulties viewing areas of evacuee ground contact under all gear positionsand illumination conditions due to offsetof off-wing assist means and presenceof the wing itself.Table 1. Existing Rule Difficulties