EXEMPTION FROM SECTION 803.02 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 Naverus, Inc. 2201 Lind Avenue SW, Suite 130, Renton, Washington, U.S.A. 98055, from the requirements contained in Section 803.02 of the Canadian Aviation Regulations, in accordance with the purpose and application set out below and subject to the following conditions.

CAR 803.02 stipulates that no person shall publish or submit for publishing in the Canada Air Pilot an instrument procedure unless the procedure has been developed

  1. in accordance with the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures; and
  2. by a person who has successfully completed training in the interpretation and application of the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures, which training has been accepted by the Minister.

PURPOSE

The purpose of this exemption is to allow Naverus, Inc., to publish or submit for publishing, in the Canada Air Pilot, an instrument procedure for “Westjet Use Only” that has been developed in accordance with the instrument procedure criteria set out in the Naverus, Inc. Criteria for Required Navigation Performance (RNP) Instrument Procedure Construction 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 only to Naverus, Inc. and only for the development and publication or submission for publication in the Canada Air Pilot of the following instrument procedures:

  1. Required Navigation Performance Area Navigation (RNP RNAV) Instrument Approach Procedures for use by Westjet with their Boeing 737 NG aircraft.
  2. Required Navigation Performance Area Navigation (RNP RNAV) Instrument Departure Procedures for use by Westjet with their Boeing 737 NG aircraft.

INTERPRETATION

For the purpose of this exemption:

“Canada Air Pilot” means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister, and includes the Restricted Canada Air Pilot (RCAP).

CONDITIONS

This exemption is subject to the following conditions.

  1. RNP RNAV Instrument Approach Procedures shall be designed in accordance with the Naverus, Inc. Criteria for Required Navigation Performance (RNP) Instrument Approach Construction and the Canada Supplement to the Naverus, Inc. Criteria for Required Navigation Performance (RNP) Instrument Approach Construction, as amended from time to time, in conjunction with the Criteria for the Development of Instrument Procedures (TP 308).
  2. RNP RNAV Instrument Departure Procedures shall be designed in accordance with the Naverus, Inc. Criteria for Required Navigation Performance (RNP) Instrument Departure Construction, as amended from time to time, in conjunction with the Criteria for the Development of Instrument Procedures (TP 308).
  3. Only persons who are qualified and trained by Naverus, Inc. shall develop the RNP RNAV procedures using the Naverus, Inc. RNP criteria. The minimum qualifications and training for these persons includes the following:
    1. The person shall hold a bachelor’s degree in Engineering or Geographic Information Systems.
    2. The person shall be licensed, by at least one state of the United States of America, as a Professional Engineer or have at least ten years experience in the field of instrument procedure design.
    3. The person shall be trained by a design engineer who has completed procedures at no less than five airports.
    4. The person, under the supervision of a qualified designer, shall complete procedures not for publication at one airport, prior to developing procedures for Westjet use.
  4. Each instrument procedure, after being developed by a qualified instrument procedure designer, shall be reviewed to verify the design is correct by another qualified instrument procedure designer.

VALIDITY

This exemption is valid from January 1, 2007 until the earliest of the following:

  1. July 1st, 2008 at 23:59 UTC;
  2. the date on which any of the conditions set out in this exemption is breached; or
  3. 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, Canada this 29th day of  December, 2006, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :