EXEMPTION FROM PARAGRAPH 803.02(a) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 any person who publishes or submits for publishing an instrument procedure in the Canada Air Pilotfrom the requirement contained in paragraph 803.02(a) of the Canadian Aviation Regulations, in accordance with the purpose and application set out below and subject to the following conditions.

Paragraph 803.02(a) stipulates that no person shall publish or submit for publishing in the Canada Air Pilot an instrument procedure unless the procedure has been developed in accordance with the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures (TP 308).

PURPOSE

The purpose of this exemption is to permit any person to publish or submit for publishing, in the Canada Air Pilot, an instrument procedure that has been developed in accordance with the instrument procedure criteria specified in the U.S. Department of Transportation Federal Aviation Administration Orders for the procedures specified below, in addition to any applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

APPLICATION

This exemption applies to any person who publishes or submits for publishing an instrument procedure in the Canada Air Pilot,only for the development of the following instrument procedures:

  1. Flight Management System (FMS) Instrument Procedures.
  2. Civil Utilization of Area Navigation (RNAV) Departure Procedures.
  3. Terminal Arrival Area (TAA) Design Criteria.
  4. Wide Area Augmentation System (WAAS) Instrument Procedures.
  5. Required Navigation Performance Instrument Procedures.
  6. Precision Approach obstacle Assessment and category II/III Requirements

CONDITIONS

This exemption is subject to the following conditions:

  1. The persons developing the instrument procedures shall have received training in the interpretation and application of the standards and the criteria specified in the U.S. Department of Transportation Federal Aviation Administration Orders to which this exemption applies. The Minister may accept this training.

  2. Flight Management System (FMS) Instrument Procedures.

    Flight Management System (FMS) Instrument Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.40B, dated 12/31/98, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  3. Civil Utilization of Area Navigation (RNAV) Departure Procedures.

    RNAV Departure Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.44A, dated 03/23/00, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  4. Terminal Arrival Area (TAA) Design Criteria

    Terminal Arrival Area (TAA) procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.45A, dated 7/14/00, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  5. Wide Area Augmentation System (WAAS) Instrument Procedures.

    WAAS Instrument Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.50, dated 06/09/02, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  6. Required Navigation Performance (RNP) Instrument Procedures.

    RNP Instrument Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.51, dated 12/30/02, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  7. Precision Approach Obstacle Assessment and Category II/III Requirements

    CAT II/III procedures shall be designated in accordance with the criteria contained in FAA Notice 8260.61 dated 12/22/06, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

VALIDITY

This exemption is valid until the earliest of the following:

  1. August 15, 2008, 23:59 UTC;
  2. The date on which amendments to the appropriate provisions of the Canadian Aviation Regulations and related standards, technical specifications and criteria come into effect;
  3. The date on which any of the conditions set out in this exemption is breached; or
  4. The date on which the Minister cancels this exemption, in writing, where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

Dated at ­­­­Ottawa, Ontario, Canada this 15th day of, February 2007.

Original signed by

Merlin Preuss
Director General
Civil Aviation

 

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