EXEMPTION FROM SUBSECTION 571.06(1) and FROM SECTIONS 705.134, 705.135, 705.137, 705.138 and 705.139 OF THE CANADIAN AVIATION REGULATIONS and SECTIONS 561.305 and 561.307 of the AIRWORTHINESS MANUAL

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:

Air operators operating under Subpart 705 of the Canadian Aviation Regulations

, (hereinafter referred to as "CAR 705 air operators") when introducing modifications to flight crew compartment doors in order to provide additional security features, from the requirements of sections 705.134, 705.135, 705.137, 705.138 and 705.139 of the Canadian Aviation Regulations (CARs); and

Persons signing the maintenance release

, in respect of modifications introduced by CAR 705 air operators to flight crew compartment doors in order to provide additional security features, from the requirements of subsection 571.06(1) of the CARs.

Approved manufacturers of aeronautical products

, in respect of modifications to flight crew compartment doors in order to provide additional security features, from the requirements of sections 561.305 and 561.307 of the Airworthiness Manual.

The details of the above provisions are provided in Appendix A.

Purpose

The purpose of this exemption is to:

Allow CAR 705 air operators

 to quickly modify the flight crew compartment doors to delay or deter unauthorized entry;

Where CAR 705 air operators have introduced the above modifications, allow persons to sign the maintenance release of modified aeroplanes without approved data with a specific time limit within which approved data must be provided; and

Allow CAR 705 air operators

 to revise and implement safety and emergency procedures related to the modifications to the flight crew compartment doors, in the Company Operations Manual, Aircraft Operating Manual, Standard Operating Procedures or Flight Attendant Manual, without receiving prior approval from the Minister.

Allow AWM 561 approved manufacturers of aeronautical products

 to certify aircraft, flight crew compartment doors, and parts of flight crew compartment door mechanisms, that do not conform to approved data.

Application

This exemption applies to:

CAR 705 air operators

 when introducing modifications to flight crew compartment doors in order to provide additional security features; and

Persons signing the maintenance release

, in respect of modifications introduced by CAR 705 air operators to flight crew compartment doors in order to provide additional security features.

AWM 561 approved manufacturers of aeronautical products

 in respect of flight crew compartment doors or parts of flight crew compartment door mechanisms.

Conditions

This exemption is subject to the following conditions:

  1. CAR sections 705.134, 705.135, 705.137, 705.138 and 705.139: CAR 705 air operators
 revising safety and emergency procedures related to the modifications to the flight crew compartment doors, in the Company Operations Manual, Aircraft Operating Manual, Standard Operating Procedures or Flight Attendant Manual, are exempted from the requirements to receive approval from the Minister prior to implementing the revised safety and emergency procedures, subject to the following conditions:
 
  1. The procedures shall take into consideration the means and methods by which the crew members will communicate;
     
  2. MEL relief shall not be exercised where the revised procedures require communication by public address system or interphone;
     
  3. The procedures shall take into consideration the methods by which the flight crew unlock and relock the flight crew compartment door, if a determination is made by the pilot in command that an overriding safety of flight consideration warrants the door to be opened;
     
  4. Procedures shall be developed with an aim to minimizing the need to open the flight crew compartment door during flight;
     
  5. The revised procedures shall be submitted for approval within seven days of incorporation of the modification;
     
  6. The revised procedures shall take into consideration the methods by which the door has been reinforced;
     
  7. The safe use of the jump seat(s) shall not be compromised;
     
  8. Where a security measure has been issued that prohibits the possession of flight crew compartment keys by crew members other than flight crew members during flight, where they were previously provided with flight crew compartment keys, the air operator may revise and implement procedures without receiving prior approval from the Minister provided that the revised procedures are submitted for approval within seven days; and
     
  9. A copy of this exemption shall be carried on board the aeroplane.
     
  • CAR subsection 571.06(1): Persons signing the maintenance release
    • , in respect of modifications to flight crew compartment doors to provide additional security features, are exempt from the requirement to use approved data, subject to the following conditions:
     
    1. The maintenance release shall be signed prior to May 1, 2002, and shall include a reference to this exemption specifying that the release is not valid after April 9, 2003 unless the data used is approved prior to this date;
       
    2. The modification shall be designed to minimize the negative impact on existing safety requirements;
       
    3. All other applicable regulatory requirements shall be observed, including but not limited to, those related to the reporting of major modifications and performance of work;
       
    4. The air operator shall ensure that the following are submitted to the Director, Aircraft Certification:
       
      1. no later than May 1, 2002, a detailed description of any major or minor changes to the aircraft that have been accomplished or are intended to be accomplished prior to May 1, 2002 to enhance the intrusion resistance of the flight crew compartment; and
         
      2. no later than May 1, 2002, a listing of the airworthiness requirements for which compliance has not yet been shown, and a plan including a schedule for accomplishment of the changes necessary to establish compliance with all applicable airworthiness requirements by April 9, 2003.
         
  • AWM sections 561.305 and 561.307: Manufacturers approved pursuant to AWM 561 may certify aircraft, flight crew compartment doors, and parts of flight crew compartment door mechanisms, that do not conform to approved data, subject to the following conditions:
     
    1. The certificate of conformity shall be signed prior to May 1, 2002, and shall include a reference to this exemption specifying that the certificate is not valid after April 9, 2003 unless the data used is approved prior to that date;
       
    2. The flight crew compartment door and door mechanisms shall be designed to minimize the negative impact on existing safety requirements;
       
    3. All other applicable regulatory requirements shall be observed;
       
    4. The manufacturer shall ensure that the following are submitted to the Director, Aircraft Certification:
       
      1. no later than May 1, 2002, a detailed description of any major or minor changes to the aircraft that have been accomplished or are intended to be accomplished prior to May 1, 2002, to enhance the intrusion resistance of the flight crew compartment; and
         
      2. no later than May 1, 2002, a listing of the airworthiness requirements for which compliance has not yet been shown, and a plan including a schedule for accomplishment of the changes necessary to establish compliance with all applicable airworthiness requirements by April 9, 2003.

    • Validity

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

    1. 2400 hours, April 9, 2003, EDT;
       
    2. The date upon which any condition specified in the exemption is breached; or
       
    3. The date on which the exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.

    The exemption from 571.06(1) and from sections 705.134, 705.135, 705.137, 705.138 and 705.139 OF THE CANADIAN AVIATION REGULATIONS (CARs) and Sections 561.305 and 561.307 of the AIRWORTHINESS MANUAL issued to Air operators operating under Subpart 705 of the CARs, Persons signing the maintenance release, and Approved manufacturers of aeronautical products, on October 9, 2001, at Ottawa, by the Director General, Civil Aviation, on behalf of the Minister of Transport, is hereby canceled 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, Canada, this 17th of January 2002, on behalf of the Minister of Transport.

     

    Merlin Preuss
    Acting Director General
    Civil Aviation

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