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 or security, I hereby exempt persons in Canada operating aircraft certified by Transport Canada for operation with Cold Soaked Fuel Frost (CSFF) on the upper wing surfaces as a result of fuel cooling the surrounding wing panels in contact with the fuel, from the requirements set out in subsection 602.11(2) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
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.
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”.
The purpose of this exemption is to authorize persons in Canada operating aircraft certified by Transport Canada for operation with Cold Soaked Fuel Frost (CSFF) on the upper wing surfaces to conduct take-offs with CSFF on the upper wing surfaces.
This exemption applies specifically to persons in Canada operating aircraft that have been certified by Transport Canada to operate with CSFF on the upper wing surfaces.
The exemption ceases to apply to a person in Canada operating aircraft certified by Transport Canada for operation with CSFF on the upper wing surfaces who breaches a condition of this exemption.
This exemption is subject to the following conditions:
1. Persons in Canada operating aircraft certified by Transport Canada for operation with CSFF on the upper wing surfaces shall:
- a) operate aircraft 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; and adhere to all limitations and conditions specified in the approved AFM and manufacturer’s instructions;
- b) provide that modifications required to support operation with CSFF on the upper surfaces of the wing are 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;
- c) update their ground-icing program to reflect the conditions and limitations contained in the Transport Canada approved AFM and the aircraft maintenance manual;
- d) amend their company operations manual (COM) and operating checklists to incorporate the manufacturer’s instructions and AFM procedures for CSFF operations, as applicable;
- e) amend their standard operating procedures (SOP) to include the requirement for the pilot-in-command to brief the flight crew members and other company personnel when dispatching aircraft within the CSFF limits;
- f) update the training of all flight crew members, ground and maintenance personnel within the air operator organization, who have ground icing responsibilities with respect to operation and dispatch of aircraft with CSFF on the upper wing surfaces;
- g) require that all third-party service providers personnel carrying out ground-icing services in accordance with the air operator ground-icing program receive updated training with respect to operation and dispatch of aircraft with CSFF on the upper wing surfaces; and
- h) attach a copy of this exemption to the Aircraft Deicing/Anti-icing Procedures set out in the COM.
This exemption is in effect from March 17th, 2020 until the earliest of:
- a) March 16th, 2025, at 23:59 (EST);
- b) the date the amendments to section 602.11 of the CARs pertaining to the subject of this exemption come into force; or
- c) 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 adversely affect aviation safety or security.
DATED at Ottawa, Ontario, Canada this 16th day of March, 2020 on behalf of the Minister of Transport.
“Original signed by Joseph Szwalek (for)”