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 persons operating aircraft certified by Transport Canada for operation with Cold Soaked Fuel Frost (CSFF)1 on the upper wing surfaces, from the requirements set out in subsection 602.11(2) of the Canadian Aviation Regulations (CARs), in accordance with the purpose and application of this exemption and subject to the following conditions.
Subsection 602.11(2) of the CARs states that no person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.
The purpose of this exemption is to allow persons to conduct take-offs with CSFF on the upper wing surfaces, in aircraft that have been certified by Transport Canada for take-off under those conditions.
This exemption only applies to persons in Canada that operate aircraft that have been certified by Transport Canada for operation with CSFF on the upper wing surfaces.
This exemption is subject to the following conditions:
- The aircraft shall be operated in accordance with the Transport Canada approved Aircraft Flight Manual (AFM) and manufacturer’s instructions for take-off under conditions where CSFF exists or is likely to exist on the upper surface of the wings. All limitations and conditions specified in the approved AFM and manufacturers instructions shall be adhered to.
- Modifications required to support operation with CSFF on the upper surfaces of the wing shall be incorporated on the aircraft, at the time of production; or incorporated in the field in accordance with the approved Manufacturer’s Service Bulletin or other appropriate aircraft certification approval process.
- The air operator shall update its ground-icing program to reflect the conditions and limitations contained in the Transport Canada approved AFM and the aircraft maintenance manual.
- All crew members, ground and maintenance individuals within the air operator, having ground icing responsibilities shall receive updated training with respect to operation and dispatch with CSFF on the upper wing surfaces.
- All contractors providing ground-icing services relative to the air operator ground-icing program shall receive updated training with respect to operation and dispatch with CSFF on the upper wing surfaces.
- The air operator shall amend its company operations manual and operating checklists to incorporate the manufacturer’s instructions and AFM procedures for CSFF operations, as applicable.
- The air operator shall amend its standard operating procedures to include the requirement for the pilot-in-command to brief the crew members and other company personnel when dispatching within the CSFF limits.
- A copy of this exemption shall be attached to the Aircraft De-icing/Anti-icing Procedures in the company operations manual.
This exemption is in effect until the earliest of:
- December 31, 2011, 23:59 EST;
- the date on which an amendment to the appropriate provisions of the CARs and related standards comes into effect;
- the date on which any of the conditions set out in the exemption is breached; or
- the date on which the 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 effect aviation safety.
Dated at Ottawa, Ontario, Canada this _5th _ day of ___July_______, 2010 on behalf of the Minister of Transport.
[original signed by]
Martin J. Eley
1. For the purposes of this exemption, “cold soaked fuel frost (CSFF)” means: frost formed as a result of fuel cooling the surrounding wing panels in contact with the fuel. If this cooling is sufficient and the appropriate atmospheric conditions are present, frost can form on the upper and lower wing panels in contact with the fuel.