Exemption from paragraph 507.02(b) of the Canadian Aviation Regulations

From: Transport Canada

NCR-011-2017

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 adversely affect aviation safety, I hereby exempt Transport Canada Civil Aviation (TCCA) officials acting for or on behalf of the Minister from the requirements set out in paragraph 507.02(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 507.02(b) of the CARs and the requirements of paragraphs 525.562(c)(5) and (c)(6) of the Airworthiness Manual (AWM) are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow officials acting for or on behalf of the Minister to issue a certificate of airworthiness pursuant to paragraph 507.02(b) of the CARs for an aircraft which does not conform to the certified type design in that the aircraft are equipped with seats which do not comply with the passenger seat requirements of paragraphs 525.562(c)(5) and (c)(6) of the AWM.

Application

This exemption applies to TCCA officials acting for or on behalf of the Minister (hereafter “the Official”) for the purpose of issuing a certificate of airworthiness in respect of an aircraft that, in a manner identified to the Minister by the applicant, does not meet the requirement of paragraph 507.02(b) of the CARs that the aircraft conform to its certified type design.

Interpretation

The issuance of a certificate of airworthiness in accordance with this exemption does not allow subsequent non-compliance with any other provision of the CARs.

Conditions

This exemption is subject to the following conditions:

  1. The aircraft shall be:
    1. newly manufactured by THE BOEING COMPANY for first delivery to the Canadian applicant for the flight authority;
    2. of model 737-8;
    3. not in conformity to the applicable certified type design in that it is equipped with seats which do not comply with the passenger seat requirements of paragraphs 525.562(c)(5) and (c)(6) of the Airworthiness Manual at Change 525-2 (89-01-01)).
  2. The aircraft shall conform in all respects other than the installed seats to the aircraft type design certified by the Minister, and shall be safe for flight.
  3. The official shall have received from the applicant for the flight authority an application submitted in accordance with subsection 507.06(2) which includes a declaration in accordance with subsection 507.06(3), made by a person authorized to do so pursuant to section 507.10, that other than the installed seats the aircraft meets the requirements of section 507.02.
  4. The official shall have received from the applicant an undertaking to install the required conforming seats by the expiry date of this exemption or alternatively to submit by that date a plan acceptable to the Minister on how to comply with the requirements of paragraphs 525.562(c)(5) and (c)(6) of the AWM.

Validity

This exemption is in effect until the earliest of the following:

  1. January 1, 2019 at 23:59 EST;
  2. the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, this 25th day of August, 2017 on behalf of the Minister of Transport

“Original signed by”

Captain Denis Guindon
Director General – Civil aviation
Aviation Safety Oversight and Transformation

Appendix A

Certificate of Airworthiness

507.02 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a certificate of airworthiness in respect of an aircraft

  1. (a) for which an aircraft type design has been certified by the Minister and the certification is not in respect of a restricted category aircraft;
  2. (b) that conforms to its certified type design; and
  3. (c) that is safe for flight.

525.562 Emergency Landing Dynamic Conditions

  1. (a) The seat and restraint system in the aeroplane must be designed as prescribed in this section to protect each occupant during an emergency landing condition when:
    1. (1) Proper use is made of seats, safety belts, and shoulder harnesses provided for in the design; and
    2. (2) The occupant is exposed to loads resulting from the conditions prescribed in this section.

      …

  2. (c) The following performance measures must not be exceeded during the dynamic tests conducted in accordance with paragraph (b) of this section:

    …

  3. (5) Each occupant must be protected from serious head injury under the conditions prescribed in paragraph (b) of this section. Where head contact with seats or other structure can occur, protection must be provided so that the head impact does not exceed a Head Injury Criterion (HIC) of 1,000 units. The level of HIC is defined by the equation:
     

    [deleted]

  4. (6) Where leg injuries may result from contact with seats or other structure, protection must be provided to prevent axially compressive loads exceeding 2,250 pounds in each femur.
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