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 Bombardier Inc., 800 René-Lévesque Blvd. West, Montréal, Québec, Canada H3B 1Y8, and pilots-in-command (PICs) working for hire or reward for Bombardier Inc., conducting flight testing and operational evaluation of aeroplanes under Instrument Flight Rule (IFR) conditions from the requirements set out in subsections 602.128 (1) & (2) and subsections 602.129(4) & (5) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Subsection 602.128(1) of the CARs states that no PIC of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory.
Paragraph 602.128(2)(a) of the CARs prohibits PICs of IFR aircraft from descending below the decision height, in the case of Category I (CAT I) precision approach, unless the required visual reference necessary to continue the approach to land has been established. Paragraph 602.128(2)(b) of the CARs prohibits PICs of IFR aircraft from descending below the minimum descent altitude, in the case of non-precision approach, unless the required visual reference necessary to continue the approach to land has been established.
Subsection 602.129(4) of the CARs prohibits PICs of IFR aircraft to continue an instrument approach if the Runway Visual Range (RVR) is reported to be below the minimum RVR unless the exceptions set out in paragraphs 602.129(4)(a) to (d) of the CARs apply. The RVR is below the minimum RVR if where both the reported RVR "A" and "B" are measured, RVR "A" is less than 1200 feet and RVR "B" is less than 600 feet or, where only one of RVR "A" or "B" is measured, the RVR is below 1,200 feet.
Subsection 602.129(5) of the CARs prohibits PICs of an IFR aircraft from commencing a non-precision approach, an APV or a CAT I or CAT II precision approach to an airport where low-visibility procedures are in effect.
The purpose of this exemption is to permit Bombardier Inc. (hereinafter "the Operator") to develop, test, evaluate, and certify an infrared visual aid, the Bombardier Enhanced Flight Vision System (EFVS), which is displayed on the Head Up Display (HUD).
This exemption allows the Operator's PICs for the purpose of flight testing and operational evaluation, of aeroplanes under IFR conditions, to descend below the Decision Height (DH) when conducting a CAT I precision approach and below the Minimum Descent Altitude (MDA) when conducting a non-precision approach to touchdown, to commence an IFR approach if the reported RVR "A" or "B", if measured for the runway in use is below 1,200 feet, or when low visibility procedures are in effect when using an EFVS instead of natural vision to acquire the required visual references.
This exemption applies to Bombardier Inc. and pilots-in-command working for hire or reward for Bombardier Inc. and conducting flight testing and operational evaluation under IFR conditions, of Bombardier aeroplanes equipped with Enhanced Flight Vision Systems (EFVS).
This exemption is subject to the following conditions:
Testing Methodology and Documentation
- Bombardier Inc. shall write the Restrictions and Special Instructions (RSI) incorporating these conditions.
- Bombardier Inc. shall conduct flight testing to the lowest authorized minimums based upon an incremental testing process and acquired flight test data.
- Bombardier Inc. shall establish specific test procedures for approaches flown to a runway with an offset localizer or offset final approach course.
- Bombardier Inc. shall submit to TCCA the Standard Operating Procedures that will be utilized during the flight testing, which shall include: crew coordination, altitude calls, and course deviation indications of not more than specified deviation values.
- Bombardier Inc. shall conduct flight testing of EFVS at controlled airports only.
- Bombardier Inc. shall conduct flight testing at aerodromes with on-site weather services only.
- Bombardier Inc. shall limit all flight testing of the EFVS to runways with Instrument Landing System (ILS) approaches or area navigation (Global Navigation Satellite System) (RNAV (GNSS)) approaches with published straight-in minima using approved vertical guidance.
- Bombardier Inc. shall conduct suitable obstacle assessment from between the published missed approach and defined balked landing point, to a safe altitude and considering One Engine Inoperative (OEI) performance.
- Bombardier Inc. shall limit aeroplane weight to meet the most limiting of Aircraft Flight Manual (AFM) (FAR 25) climb performance, Category II (CAT II) 2.5% net climb gradient, or required departure gradient for the runway associated with the missed approach with OEI considering pressure altitude and outside air temperature.
- Bombardier Inc. shall provide suitable EFVS ground and flight training for PICs and SICs, and shall provide TCCA with the flight-training syllabus outlining the EFVS training conducted prior to operating in accordance with this exemption. The training shall include low visibility ground operations (RVR less than 1200 feet).
- Bombardier Inc. shall limit the flight testing and operational evaluation of the EFVS to essential crew only in accordance with the flight permit and the Bombardier Flight Test Center (BFTC) 3000 document.
- Bombardier Inc. shall perform ground or airborne alignment checks of HUD-EFVS prior to commencing instrument approaches in IFR conditions.
- The Pilot-in-Command shall notify Air Traffic Control when conducting flight testing of the EFVS and shall maintain two-way communications at all times.
- The Pilot-in-Command shall apply Flight Management System (FMS) temperature compensation during the conduct of RNAV (GNSS) LNAV/VNAV approaches, when temperature is below the temperature limit for the approach.
- The Pilot-in-Command shall ensure that the Terrain Awareness and Warning System (TAWS) / Enhanced Ground Proximity Warning System (EGPWS) is operative.
- The Pilot-in-Command shall ensure that all the aeroplane's EFVS equipment is operative.
- The Pilot-in-Command shall ensure that the required CAT II equipment is operative for ILS approaches, and that the equivalent level of equipment redundancy is operative for RNAV (GNSS) approaches.
- The Pilot Flying shall not continue the descent below the DH or DA unless the required visual reference, with the aid of the EFVS to continue the approach, has been established.
- The Pilot Flying shall discontinue the instrument approach with a missed approach, if lateral or vertical deviation exceeds specified limits on the pilot's displays.
- The Pilot Flying shall not continue the approach to land below 100 feet above the threshold if:
- the RVR (touchdown, mid, or rollout) is reported less than 800 feet; or
- when no RVR report is available, the reported ground visibility is less than ¼ statute mile.
This exemption is in effect until the earliest of the following
- June 20, 2019 at 23:59 EDT;
- the date on which any condition set out in this exemption is breached;
- the date on which an amendment modifying the subject matter of the Canadian Aviation Regulations, or related standards comes into effect; or
- the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada this 8th day of July 2014, on behalf of the Minister of Transport.
[Original signed by]
Martin J. Eley
- Date de modification :