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February 11th, 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-500-1A10 (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 conditions.”, dated 2012-06-21. 

(2) Title 14 Code of Federal Regulations (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 Specifications and Acceptable Means of 

Compliance for Large Aeroplanes, 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.COM
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Dear Mr. Napoleon, 

Bombardier Aerospace would like to modify the Exemption Request Form previously submitted 

[see reference (7)], to delete the request for exemption from 14 CFR §25.809(a) with regards to 

viewing of the ground contact area under gear collapse and night time conditions for nonoverwing passenger exits, based on feedback received from the FAA-Transport Airplane 

Directorate, which indicated that item b), under the heading The Extent 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, please contact Yu Ning Lee at (514) 855-5001 

extension 62282 or yu.ning.lee@aero.bombardier.com. 

Yours truly, 

Keith Barnett 

Airworthiness Manager, CSeries 

Bombardier Aerospace
Attachment to ANM-115-09-01 

The preamble to the final rule notes that the outside viewing means has 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 distinction in the two roles of the viewing means, it 

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

making the second assessment. 

To make the first assessment, a person should be able to see the outside area and generally 

determine whether it is safe to open the exit—whether 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 conditions. It is reasonable that this 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 compliance with §§ 25.812(g) and (h) is sufficient. In other attitudes, 

such a light should be located to provide a situational perspective sufficient to decide whether 

to open the exit, given the types of other hazards discussed above. However, this light is not 

required to illuminate specific areas on the ground in conditions of landing 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 means does not have to be available before the 

exit is opened and can come from the escape slide, 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 likely 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 open an exit can focus on the area of ground 

contact in the landing gear extended case. We consider that this will be sufficient to provide 

the visibility necessary to make that determination in other ground attitudes as well. 

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

sufficient illumination of the exterior to allow a crewmember to decide whether to open an 

exit. At this point, we are not aware of a method of compliance that does not have airplanemounted exterior emergency lighting. The regulation also requires a means to determine 

whether to use the exit, but this can take place after the exit is open. 
Bombardier Airworthiness Coordination Sheet 

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Subject: BA letter AW-BD5/13/104, titled “BD-500-1A10 (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”, dated 2013-

02-11. 

Reference: 1. Airworthiness – CSeries Certification 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. Barnett 
EXEMPTION REQUEST FORM 

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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 Certification 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 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 lighting 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 difficulties 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 confirmed their intention to harmonize”. 
EXEMPTION REQUEST FORM 

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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 aspects of the present regulation which will be 

changed in the future due to recognized implementation difficulties. 

b) Allows the CSeries aeroplane models BD-500-1A10 (CS100) & BD-500-1A11 (CS300) 

designs to meet EASA, FAA and TCCA anticipated future harmonized regulation preventing 

competitive disadvantage due to additional design/manufacturing complexity and increased 

weight. 

c) Avoids additional airline operation 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 EXEMPTION 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 issue, 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 state-of-the-art and design practice. 

c) The CSeries aeroplane models BD-500-1A10 (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 2010-11, titled “Passenger Emergency Exits, Emergency 

Features and Escape Routes – Harmonization with FAA”, dated 2011-10-04. 

3

 EASA Notice of Proposed Rulemaking (NPA) 2010-11, titled “Passenger Emergency Exits, Emergency Features 

and Escape Routes – Harmonization with FAA”, dated 2010-09-08. 

4

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

7249414. 
EXEMPTION REQUEST FORM 

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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 exits. 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 evacuee ground contact area as required by 14CFR § 

25.809(a). In the case of lower wing airplanes with over wing exits, like 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 for viewing of the ground contact area under all 

lighting and landing gear conditions is not possible. 

Considering the above, BA requests an exemption 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 lighting and landing gear conditions for over 

wing passenger exits. 

The CSeries airplane models BD-500-1A10 (CS100) & BD-500-1A11 (CS300) will nonetheless 

comply with anticipated future harmonized requirements as indicated in the EASA CRD to NPA 

2010-11 and now incorporated in EASA CS 25.809(a) at Amdt 12, and specific conditions 

imposed by the authorities to allow such an exemption. 
EXEMPTION REQUEST FORM 

 Emergency Exit Viewing Means 

Exit 

Locations 

Illumination 

Conditions 

Viewing Means 

Location 

Exit Positions Landing Gear 

Positions 

Remark

Day Night Normal Collapsed 

25.809(a) 

- Means to permit 

viewing of the 

outside conditions 

Per Final Rule 

preamble the FAA 

expects that there 

may be two separate 

means to view the 

outside conditions 

and the area or 

evacuee ground 

contact. 

Flight deck Not specified 

per FAA Final 

Rule preamble. 

It was FAA’s 

expectation that 

day and night 

illuminations 

conditions were 

implied. 

On or adjacent to 

exit provided no 

obstructions 

exist between 

the exit and the 

viewing means 

Closed Rule is silent on this but 

from the NPRM it is 

clear that the intent was 

that all conditions of 

landing gear collapse be 

considered. 

Without external emergency lighting system

during night illumination conditions. FAA (E

that a portable illumination device accessiblacceptable. 

Passenger 

cabin floor 

level 

emergency 

exits 

Without external emergency lighting systemduring night illumination conditions. Per finthat external emergency lighting would be n10235, FAA have granted temporary relief fnight lighting conditions. 

Passenger 

cabin over 

wing exits 

25.809(a) 

- Means to permit 

viewing of likely 

areas of evacuee 

ground contact 

Per Final Rule 

preamble the FAA 

expects that there 

may be two separate 

means to view the 

outside conditions 

and the area or 

evacuee ground 

contact. 

Flight deck All ambient 

lighting 

conditions 

Not specified Not specified Normal and collapsed Difficulties viewing areas of evacuee ground 

and all illumination conditions due to fusela

Passenger 

cabin floor 

level 

emergency 

exits 

Difficulties viewing areas of evacuee ground night illumination conditions 

Passenger 

cabin over 

wing exits 

Difficulties viewing areas of evacuee ground and illumination conditions due to offset of of the wing itself. 

Table 1. Existing Rule Difficulties