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 Canadian installers of TSO C126 406 MHz ELTs, from complying with the avionics specialized maintenance requirements of Section 571.04 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
The requirements of Section 571.04 and its referenced Schedule II are detailed in Appendix A to this exemption.
The purpose of this exemption is to provide relief to specifically identified persons from the avionics specialized maintenance rules, when they install and certify a maintenance release, for the installation of TSO C126 406 MHz ELTs in an aircraft.
This exemption applies either to holders of an Aircraft Maintenance Engineer (AME) license with an M1, M2 or E rating when the TSO C126 406 MHz ELT is to be installed in a private aircraft, or to a person who has aircraft certification authority (ACA) for the type of aircraft involved, when working within an Approved Maintenance Organization (AMO) that does not have a rating for the performance of avionics specialized maintenance.
This exemption is subject to the following conditions:
The 406 MHz ELT shall be designed to TSO C126 standards and shall appear on the list of ELTs approved by Transport Canada and certified by Industry Canada;
The 406 MHz ELT shall not be interfaced with any other aircraft system;
The installer shall follow all applicable installation instructions produced pursuant to TSO C126 including the requirement to register the unit;
The installer shall properly perform a successful post installation function test to ensure the 406 MHz ELT is functioning as described in its operating instructions.
This exemption is in effect until the earliest of the following:
March 31st, 2014 at 23:59 EDT;;
the date on which any of the conditions set out in this exemption is breached; or
the date on which this exemption is cancelled in writing by the Minister where he is of the opinion it is no longer in the public interest, or is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada this ___2nd____day of__October,_2012, on behalf of the Minister of Transport.
[ signed by]
Martin J. Eley
571.04 No person shall perform the specialized maintenance set out in Schedule II to this Subpart on an aeronautical product other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, except in accordance with
(a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to Section 573.02 with a rating of a category appropriate to the work to be performed; or
(b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada, and the agreement provides for recognition of the work to be performed.
CAR 571 SCHEDULE II - Specialized Maintenance
(2) Any avionics system installation or modification is avionics specialized maintenance except for:
(a) installation of ELT systems conforming to TSO C91/C91a;
(b) installation of single VHF communication or single integrated navigation/communication systems that are not interfaced with any other system, other than an intercom system;
(c) installation of VFR long-range navigation systems, which are not interfaced with any other systems;
(d) modifications to existing avionics installations, where no additional test requirements are imposed on the affected system other than those which would be required following routine maintenance of that system;
(e) installation of instruments which are not interfaced with any other systems; and
(f) replacement of an avionics LRU where equivalency is maintained, and where no additional test requirements are imposed on the affected system other than those which would be required following routine maintenance of that system.
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