EXEMPTION FROM PARAGRAPH 602.126(1)(c) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt FirstEnergy Service Company, 76 South Main Street, Akron, Ohio, U.S.A. 44308, from the requirements set out in paragraph 602.126(1)(c) of the Canadian Aviation Regulations, subject to the conditions below.

Paragraph 602.126(1)(c) states that no pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in the Canada Air Pilot in any case other than a case described in paragraph (a) or (b).

Purpose

The purpose of this exemption is to allow FirstEnergy Service Company to operate its U.S. registered aircraft to a “Take-off Minima Reported Visibility RVR 1,200 feet or ¼ SM Visibility” at Canadian airports.

Application

This exemption applies to the following aircraft operated by FirstEnergy Service Company at Canadian airports:

  1. Falcon 50, Registration N51FE;
  2. Falcon 2000EX, Registration N71FE; and
  3. Citation Excel (CE560XL), Registration N56FE.

Conditions

This exemption is subject to the following conditions:

  1. For each airport at which the authority is to be exercised, FirstEnergy Service Company and the pilot-in-command shall determine the significant obstructions which exists in the take-off path and determine by the use of the approved aeroplane performance charts that the aeroplane will safely clear obstructions on the take-off path and maintain at least the minimum en-route altitude to the take-off alternate, with the critical engine inoperative.
  2. The Operations Manual shall contain detailed guidance on how to determine departure one engine inoperative climb gradient and obstacle clearance.
  3. The runway shall be equipped as detailed in the Manual of Aerodrome Standards and Recommended Practices (TP312) with serviceable and functioning high intensity runway lights or runway centre line lights or runway centerline markings that are plainly visible to the pilot throughout the take-off run.
  4. Before commencing take-off, the pilot-in-command shall be satisfied that the required RVR 1,200 feet or ¼ SM visibility exists for the runway to be used.
  5. The pilot-in-command and second-in-command attitude indicators on the aeroplane shall incorporate pitch attitude index lines in appropriate increments above and below reference line to at least 15 degrees, and provide a ready depiction of total aeroplane attitude. The approved Failure Warning Systems which will immediately detect essential instrument and equipment failures or malfunctions shall be operative. For the purpose of reduced visibility take-offs, essential instruments are defined as attitude indicators, directional gyros and HSI’s.
  6. The chief pilot shall have certified that the pilot-in-command is competent to conduct a RVR 1,200 feet or ¼ SM take-off.
  7. A copy of this authority shall be carried on board FirstEnergy Service Company’s aircraft while operating in Canadian domestic airspace.

Validity

This exemption is in effect from 00:01 hours EST November 7, 2007 until the earliest of the following:

  1. May 31, 2009 at 23:59 EDT;
  2. the date on which any condition set out in this exemption is breached;
  3. 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 affect aviation safety.

Cancellation

The exemption from paragraph 602.126(1)(c) of the Canadian Aviation Regulations issued to McKinley Air Inc., Akron-Canton Airport, P.O. Box 2406, North Canton, Ohio, U.S.A. 44720, on September 15th, 2005 at Ottawa, in the province of Ontario, by the Chief, Foreign Inspection Division, on behalf of the Minister of Transport, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada  this 7th day of November 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by 

David Biehn
Chief
Foreign Inspection Division
International Operations

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