Exemption from Subsection 602.11(2) of the Canadian Aviation Regulations

From: Transport Canada

NCR-007-2016

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 persons operating an aircraft that has rear-mounted engines from the requirement set out in subsection 602.11(2) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subsection 602.11 of the CARs is reproduced in Appendix 1.

PURPOSE

The purpose of this exemption is to allow persons to conduct a take-off or attempt to conduct a take-off in an aircraft that has rear-mounted engines with contamination such as snow, ice or frost on the upper fuselage of the aircraft, only in accordance with the aircraft manufacturer's instructions for take-off when those conditions exist.

APPLICATION

This exemption applies to a person conducting a take-off or attempting to conduct a take-off in an aircraft that has rear-mounted engines in conditions where contamination such as snow, ice or frost on the upper fuselage exists.

CONDITIONS

This exemption is subject to the following conditions:

  1. A person shall not conduct a take-off or attempt to conduct a take-off in an aircraft that has rear-mounted engines when there is frost, ice or snow adhering to the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers, any other stabilizing surface or any other surface which is identified in the aircraft flight manual (AFM) unless the aircraft is operated in accordance with the AFM and in accordance with the manufacturer's instructions for take-off under conditions where contamination exists.
  2. Prior to exercising the privileges of this exemption, the operator shall develop and provide an updated training program, for its flight crew members and operations personnel, on the operation of an aircraft that has rear-mounted engines.
  3. Where the operator has a ground-icing program, the program shall have been updated to reflect the conditions and limitations contained in the AFM and the conditions and limitations contained in the aircraft maintenance manual.
  4. All crew members, ground and maintenance individuals within the operator's organization who have ground icing responsibilities shall receive updated training with respect to the operation of an aircraft that has rear-mounted engines.
  5. All third-parties providing ground-icing services pursuant to the air operator's ground-icing program shall receive updated training with respect to operation and dispatch of an aircraft that has rear-mounted engines.
  6. The operator's Standard Operating Procedures (SOP), Company Operations Manual (COM) and operating checklists shall be updated to incorporate the manufacturer's instructions and AFM procedures.
  7. A copy of this exemption shall form part of the procedures pertaining to Aircraft De-icing/Anti-icing set out in the company operations manual.

VALIDITY

This exemption is in effect until the earliest of:

  1. a) May 6, 2021 at 23:59 (EDT);
  2. b) the date on which any condition set out in this exemption is breached; or
  3. c) 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 is likely to adversely affect aviation safety.

DATED at Ottawa, Ontario this 19th day of May, 2016 on behalf of the Minister of Transport.

"Original signed by"

Denis Guindon
Director General, Aviation Safety Oversight and Transformation
Civil Aviation

APPENDIX 1

Canadian Aviation Regulations

Aircraft Icing

  1. 602.11 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surface of an aircraft and, in the case of an aircraft that has rear-mounted engines, includes the upper surface of its fuselage.

  2. (2) 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.

  3. (3) Notwithstanding subsection (2), a person may conduct a take-off in an aircraft that has frost adhering to the underside of its wings that is caused by cold-soaked fuel, if the take-off is conducted in accordance with the aircraft manufacturer's instructions for take-off under those conditions.

  4. (4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, no person shall conduct or attempt to conduct a take-off in an aircraft unless

    1. (a) for aircraft that are not operated under Subpart 5 of Part VII,

      1. (i) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces, or

      2. (ii) the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program; and

    2. (b) for aircraft that are operated under Subpart 5 of Part VII, the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program.

  5. (5) The inspection referred to in subparagraph (4)(a)(i) shall be performed by

    1. (a) the pilot-in-command;

    2. (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

    3. (c) a person, other than a person referred to in paragraph (a) or (b), who

      1. (i) is designated by the operator of the aircraft, and

      2. (ii) has successfully completed training relating to ground and airborne icing operations under Subpart 4 or relating to aircraft surface contamination under Part VII.

  6. (6) Where, before commencing take-off, a crewmember of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crewmember designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.

  7. (7) Before an aircraft is de-iced or anti-iced, the pilot-in-command of the aircraft shall ensure that the crew members and passengers are informed of the decision to do so.

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