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November 14th, 2012 

AW-BD5/12/771 

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) 

Dear Mr. Napoleon, 

Further to a similar petition for exemption submitted to TCCA [see reference (1)], Bombardier 

Aerospace (BA) respectfully submits to the FAA this petition for exemption of the CSeries 

aeroplane models BD-500-1A10 (CS100) and BD-500-1A11 (CS300) from the requirement of 

14CFR § 25.809(a) at Amdt 25-116, with respect to visibility of the ground area under certain 

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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conditions. This petition of exemption is made in accordance with 14CFR § 11.81 [see reference 

(2)], is in line with the applicable TCCA issue paper [see reference (3)], and is based on 

references (4), (5) and (6). 

Enclosed with this letter is the Exemption Request Form which has been completed in 

accordance with 14CFR § 11.81. This petition is supported by additional proprietary information 

that will be submitted separately to the FAA New York Aircraft Certification Office (NYACO). 

Should you require additional information, please contact Hagop Kazarian at (514) 855-5000 

extension 59083 or hagop.kazarian@aero.bombardier.com. 

Yours truly, 

Keith Barnett 

Airworthiness Manager, CSeries 

Bombardier Aerospace
Bombardier Airworthiness Coordination Sheet

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Subject: BA letter AW-BD5/12/771, 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 2012-

10-01. 

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

DISCIPLINE NAME APPROVAL / DATE 

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 gear collapse and night time conditions for nonover wing passenger exits; 

c) 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 exits and under gear collapse and night time conditions for 

passenger 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). For passenger emergency exits, 

current external lighting system are designed to allow viewing of the area of ground contact 

when the landing gear is extended and the assist means is deployed, where installed. To meet the 

requirements for viewing the evacuee ground contact area under conditions of gear collapse 

would require complex and powerful lighting equipment beyond the current state-of-the-art and 

design practices. 

BA therefore 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 gear collapse and night time conditions for nonover wing passenger exits; 

c) 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 

Illumination 

Conditions 

Landing Gear 

Positions 

Exit 

Locations 

Day Night 

Viewing Means 

Location 

Exit Positions 

Normal Collapsed 

Remark

Flight deck Without external emergency lighting system

during night illumination conditions. FAA (Ethat a portable illumination device accessiblacceptable. 

Passenger 

cabin floor 

level 

emergency 

exits 

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. Passenger 

cabin over 

wing exits 

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. Per finthat external emergency lighting would be n

10235, FAA have granted temporary relief f

night lighting conditions. 

Flight deck 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 

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. 

Passenger 

cabin over 

wing exits 

All ambient 

lighting 

conditions 

Not specified Not specified Normal and collapsed 

Difficulties viewing areas of evacuee ground and illumination conditions due to offset of 

of the wing itself. 

Table 1. Existing Rule Difficulties