EXEMPTION FROM SUBSECTION 602.11(2) OF THE CANADIAN AVIATION REGULATIONS

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 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 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”.

INTERPRETATION

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”.

PURPOSE

This exemption authorizes 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.

APPLICATION

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.

CONDITIONS

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:

  1. 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;
  2. 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;
  3. update their ground-icing program to reflect the conditions and limitations contained in the Transport Canada approved AFM and the aircraft maintenance manual;
  4. amend their company operations manual (COM) and operating checklists to incorporate the manufacturer’s instructions and AFM procedures for CSFF operations, as applicable;
  5. 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;
  6. 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;
  7. 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
  8. attach a copy of this exemption to the Aircraft De-icing/Anti-icing Procedures set out in the company operations manual (COM).

VALIDITY

This exemption is in effect until the earliest of:

  1. March 16th, 2020, at 23:59 EST;
  2. the date on which any of the conditions set out in the exemption is breached; or
  3. the date on which the exemption is cancelled in writing by the Minister where she is of the opinion it is no longer in the public interest or is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada this 23rd day of February, 2015 on behalf of the Minister of Transport.

“Original signed by”

Martin J. Eley
Director General
Civil Aviation

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