Page 1 of 2 November 14 th , 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-500-1A 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 c onditions.”, 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)

Dear Mr. Napoleon,

Further to a similar petition for exemption subm itted 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.COMPage 2 of 2 conditions. This petition of exemption is made in accordance with 14CFR § 11.81 [see reference (2)], is in line with the applicable TCCA i ssue 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 a dditional proprietary information that will be submitted separately to the FAA Ne w York Aircraft Certif ication Office (NYACO).

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

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

.

Yours truly,

Keith Barnett Airworthiness Manager, CSeries Bombardier AerospaceBombardier Airworthiness Coordination Sheet

Page 1 of 1 Subject: BA letter AW-BD5/12/771, 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 2012-

10-01.

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

DISCIPLINE NAME APPROVAL / DATE

Airworthiness Focal Y. N. Lee

Airworthiness Manager K. BarnettEXEMPTION REQUEST FORM

Page 1 of 1 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 FR OM 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 gearcollapse and night time conditions for nonover wing passenger exits;

c) 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 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 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 benef it 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 and 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 3 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 unde r gear collapse and night time conditions for passenger exits. Current designs are such that fli ght 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 re quired 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 cont act area under conditions of gear collapse would require complex and powerful lighting equi pment beyond the current state-of-the-art and design practices.

BA therefore requests an exemption from comp liance 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 ge ar 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 (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 MeansIlluminationConditionsLanding GearPositionsExitLocationsDay NightViewing MeansLocationExit PositionsNormal CollapsedRemarksFlight deckWithout 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 floorlevelemergencyexits25.809(a)- Means to permitviewing of theoutside conditionsPer Final Rulepreamble the FAAexpects that theremay be two separatemeans to view theoutside conditionsand the area orevacuee groundcontact.Passengercabin overwing exitsNot 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. 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.Flight deckDifficulties 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 conditions25.809(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.Passengercabin overwing exitsAll ambientlightingconditionsNot specifiedNot specifiedNormal and collapsedDifficulties 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