Exemption from Section 507.07 Of the Canadian Aviation Regulations

From: Transport Canada

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 Skyservice Airlines Inc. of 31 Fasken Drive, Etobicoke, Ontario, M9W 1K6, from the requirements set out in Subsection 507.07(1) of the Airworthiness Manual made pursuant to Section 507.07 of the Canadian Aviation Regulations (CARs) subject to the conditions in this exemption. 

Section 507.07 of the CARs states where an application for a flight authority is made in respect of an aircraft being imported, the applicant must comply with the importation requirements specified in Chapter 507 of the Airworthiness Manual.

Subsection 507.07(1) of the Airworthiness Manual stipulates that an imported aircraft can be eligible for use in Canada where it can be shown and the Minister is satisfied that the aircraft conforms to an approved type design and is in a condition of safe operation. 

Purpose

The purpose of this exemption is to allow Skyservice Airlines Inc. to temporarily operate their Airbus Aircraft A330-343, Registration Number C-GVKI, Serial Number 357, without fully complying with the Standards of Airworthiness required by the CARs as stated in the Transport Canada Type Certificate Number A-205; specifically without modification 43719 ‘Cargo Hold Heated Drainage Installation’, while operating the Airbus Aircraft in accordance with the lease agreement signed between MyTravel Airways Inc. and Skyservice Airlines Inc. on May 3, 2006 for a period from May 2, 2006 to October 25, 2006.

Application

This exemption applies to Skyservice Airlines Inc., 31 Fasken Drive, Etobicoke, Ontario, M9W 1K6 when operating Airbus Aircraft A330-343, Registration Number C-GVKI, Serial Number 357, under Air Operator Certificate Number 8494.

Conditions

The exemption is subject to the following conditions:

  1. Skyservice Airlines Inc. shall have continuing ownership and direct operation of the subject aircraft;
  2. The Operator shall maintain the aircraft on a Transport Canada approved inspection and maintenance schedule;
  3. The Operator shall comply with the requirements of any embodied Department of Transport approved or accepted design change applicable to the subject aircraft; 
  4. Any design change to be embodied on the subject aircraft shall be established by a competent person, to be compatible with any of the limits authorized by this exemption and not to adversely affect the airworthiness of the modified aircraft;
  5. The Operator shall remove any accumulation of snow and or ice from the exterior surfaces of any Unit Load Devices (ULDs) that are to be loaded into the forward or aft cargo compartments;
  6. The Operator shall incorporate the following measures to the Skyservice Airlines Inc. Maintenance Program in order to prevent ice formation/accumulation in the lower fuselage area under the forward and aft cargo compartments;
    1. WEEKLY – Ensure that all drains located in each of the forward and aft cargo compartments are clean;
    2. MONTHLY – Aircraft Maintenance Manual (AMM) Task 12-31-51-660-801 Cold Weather Maintenance.
      • Remove one floor panel from the forward end of the aft cargo compartment and inspect for ice in the lower fuselage in accordance with AMM Subtask 12-31-51-660-051.
      • Inspect the forward cargo compartment for ice in the lower fuselage in accordance with AMM Subtask 12-31-51-660-051. Note:  Since the AMM indicates that ice more easily forms in the aft area rather than the forward area this inspection need only be accomplished if ice was detected during the aft cargo compartment lower fuselage inspection detailed above.
      • If ice is found in either of the preceding steps, aircraft shall be placed in a heated hanger (or left outside if temperature is above freezing point) with cargo doors open until ice melts down completely and all remaining water drains from the areas through the fuselage drains;
      • Reinstall any removed floor panels in accordance with AMM Task 53-00-00-400-803.
  7. The Operator shall attach a copy of this exemption to the Limitation Section of the Aircraft Flight Manual;
  8. A copy of this exemption shall be kept in the subject Aircraft’s Technical File;
  9. Appropriate entries to identify this exemption shall be made in the subject aircraft’s Journey Log Book and Technical File;
  10. This exemption does not constitute and shall not be used as a basis for an airworthiness approval of the current modifications embodied on the subject aircraft.
  11. During the validity period of this exemption, the Operator shall bring to the attention of Transport Canada related airworthiness concerns or data compromising the safety of the subject aircraft; and
  12.  The Operator shall comply with all other requirements of Chapter 507 of the Airworthiness Manual.

Validity

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

  1. October 31, 2006 at 23:59 EST;
  2. the date of compliance to Transport Canada Type Certificate Number A-205. following installation of modification 43719 ‘Cargo Hold Heated Drainage Installation’ on Airbus Aircraft A330-343, Registration Number C-GVKI, Serial Number 357.
  3. the date on which any condition set out in this exemption is breached; or
  4. 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.

Dated at Toronto, this 5th day of May 2006, on behalf of the Minister of Transport.

Original signed by Ole Nielsen for

Michael Stephenson

Regional Director

Civil Aviation

Ontario Region

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