EXEMPTION FROM PARAGRAPH 3.5.1(c) OF THE MANUAL OF ALL WEATHER OPERATIONS MADE PURSUANT TO PARAGRAPH 602.128(4)(b) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Canadian air operators and flight crew members employed by that air operator, who are approved to conduct instrument approaches to Category II or Category III minima, from the requirements set out in paragraph 3.5.1(c) of The Manual of All Weather Operations (Categories II and III) – TP 1490, made pursuant to paragraph 602.128(4)(b) of the Canadian Aviation Regulations (CARs).

The requirements of paragraph 3.5.1(c) of The Manual of All Weather Operations (Categories II and III) – TP 1490 and those of paragraph 602.128 (4)(b) of the CARs are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to permit Canadian air operators and flight crew members employed by that air operator, to exceed the crosswind limitation of ten (10) knots, as required in Paragraph 3.5.1(c) of The Manual of All Weather Operations (Categories II and III) – TP 1490, provided it does not exceed the crosswind limitations for Categories II and III(CAT II/III) approach procedures, including auto-land if applicable, as stated in the applicable Aircraft Flight Manual (AFM) or, if no limit is specified in the AFM, fifteen (15) knots.

APPLICATION

This exemption applies to Canadian air operators and flight crew members employed by that air operator, who are certified to conduct precision approach to CAT II or CAT III minima.

CONDITIONS

This exemption is subject to the following conditions:

  1. The flight crew members shall have received training and pilot certification under the applicable crosswind limitation of the in the AFM or, if no limit is specified in the AFM, fifteen (15) knots.
  2. The crosswind component on the landing runway shall not be greater than the limit specified in the AFM for CATII/III approaches including auto-land as applicable or, if no limit is specified in the AFM, fifteen (15) knots.
  3. The aircraft shall be operated in accordance with the all other requirements of The Manual of All Weather Operations (Categories II and III) – TP 1490and paragraph 602.128(4)(b) of the CARs, as approved by Transport Canada for that Canadian air operator.
  4. A copy of this exemption shall be inserted in the Company Operations Manual.

VALIDITY

This exemption will come into effect on May 16, 2007 at 00:01 EDT, and will remain in effect until the earliest of the following:

  1. November 30, 2008 at 23:59 EDT;
  2. The date on which any of the conditions set out in this exemption is breached; or
  3. The date on which this exemption is canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 26 th day of   March, 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

D.B. Sherritt
Director
Commercial Business Aviation

APPENDIX A

Paragraph 602.128(4)(b) of the CARs

Landing Minima

602.128 […]
(1) to (3) …

  1. Notwithstanding anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless
    1. the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and
    2. the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).

 [TP 1490] Manual of All Weather Operations (Categories II and III) - 3rd Edition

[…]

3.5    Operating Limitations

      3.5.1 An operator applying for CAT II/III certification will be required to have a section in their operations manual assigned specifically to this subject. This portion is to stipulate, among other things, conditions that must be met before an approach to CAT II/III minima may be commenced. An ILS approach to CAT II/III minima shall not be commenced unless Air Regulations s. 555 and the following requirements are complied with:

    a) and b) …
  • the cross-wind component on the landing runway is 10 KT or less. For rotorcraft the carrier shall establish in their operations manual acceptable cross-wind component for each type certified for CAT II/III;
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