EXEMPTION FROM SUBSECTIONS 602.128(1)&(2) and SUBSECTIONS 602.129(1)&(3), OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 pilots-in-command (PICs) working for hire or reward for Bombardier Inc. conducting flight testing and operational evaluation of aircraft under Instrument Flight Rule (IFR) conditions from the requirements set out in subsections 602.128(1)&(2) and subsections 602.129(1)&(3) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

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. 

Subsections 602.129(1) and (3) of the CARs prohibit 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(3)(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.

PURPOSE

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 is required to allow the Operator’s PICs for the purpose of flight testing and operational evaluation, of aircraft 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 100 feet Height Above Touchdown (HAT) Zone Elevation, or to commence an IFR approach if the reported RVR “A” or “B”, if measured for the runway in use is below 1,200 feet, when using an EFVS to acquire the required visual references.

APPLICATION

This exemption applies to PICs working for hire or reward for Bombardier Inc. and conducting flight testing and operational evaluation under IFR conditions, of Bombardier aircraft equipped with Enhanced Flight Vision Systems (EFVS).

CONDITIONS

This exemption is subject to the following conditions:

Testing Methodology and Documentation

  1. The Operator shall write the Restrictions and Special Instructions (RSI) incorporating the conditions of this operating exemption.

  2. Upon request, the Operator shall allow flight test pilots, operational evaluation pilots and flight test engineers working for hire or reward for Transport Canada, the Federal Aviation Administration (FAA) and the European Aviation Safety Agency (EASA) , to participate during testing of the EFVS for assessment purposes.

  3. The Operator shall permit Transport Canada Civil Aviation (TCCA) to conduct a review and amend the flight test plan as necessary.

  4. The Operator shall conduct flight testing to the lowest authorized minimums based upon an incremental testing process and acquired flight test data.

  5. The Operator shall submit Standard Operating Procedures that will be utilized during the flight testing, which shall include: crew coordination, EFVS indicating altitude calls, and course deviation indications of not more than specified deviation values.
Airspace
  1. Flight testing of EFVS shall be conducted at controlled airports only.

  2. Flight testing shall be conducted at aerodromes with on-site weather services.

  3. All flight testing of the EFVS conducted pursuant to this exemption shall be limited to runways with Instrument Landing System (ILS) approaches or area navigation (RNAV) approaches with published straight-in minima using vertical guidance.

  4. Suitable obstacle assessment shall be conducted from between the published missed approach and defined balked landing point, to a safe altitude and considering One Engine Inoperative (OEI) performance.

Aircraft Performance

  1. Aircraft weight shall be limited 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.

Training

  1. Pilots assigned to the EFVS flight testing and operational evaluation program shall have completed suitable HUD and EFVS training.

  2. The Operator shall provide suitable CAT II ground and flight training for PICs and SICs, and shall provide TCCA with the flight-training syllabus outlining the CAT II training conducted.

  3. The ground training for the PIC and SIC, shall include the following subjects:

    1. the operational characteristics, capabilities and limitations of the CAT II ILS and visual aids (e.g. approach lights, runway lights, RVR sensors, runway markings);

    2. the operational characteristics, capabilities, limitations, and applicable procedures of the CAT II airborne system to be used by the Operator, as contained in the approved AFM Supplement (or equivalent RSI) for CAT II operations for the aircraft;

    3. resolution of the DH/ Decision Altitude (DA):

      1. normal height loss during approach; and

      2. time to correct an azimuth error before flare;

    4. missed approach technique using fixed or computed attitude guidance display, as appropriate;

    5. the use of visual cues associated with the runway environment during CAT II weather conditions with different glide path angles, cockpit cut-off angles and the altitude at which these visual cues are normally discernible;

    6. problems associated with the transition from non-visual flight during RVR operations of 2,600 feet or less, including emphasis on the need for continuing to monitor flight instruments (or of staying coupled) until pitch attitude and vertical descent path have been visually assessed;

    7. the effect of wind shear and turbulence;

    8. crew duties;

    9. significant factors in the calculation of DH/DA; and

    10. recognition of and proper reaction to significant failures encountered prior to and after reaching DH/DA as applicable.

Operations

  1. The flight testing and operational evaluation of the EFVS pursuant to this exemption shall be limited to the Operator’s pilots-in-command (PIC) and flight test engineers working for hire or reward for Bombardier Inc.; systems engineers with onboard duties working for hire or reward for the avionics systems’ manufacturer; and flight test pilots, operational evaluation pilots and flight test engineers working for hire or reward for Transport Canada, for the FAA, or for the EASA.

  2. The Operator shall perform ground or airborne alignment checks of HUD-EFVS prior to commencing instrument approaches in IFR conditions.

  3. The PIC shall notify Air Traffic Control when conducting flight testing of the EFVS and shall maintain two-way communications at all times.

  4. Flight Management System (FMS) temperature compensation shall be applied during the conduct of RNAV instrument approaches.

  5. The PIC shall ensure that the Terrain Awareness and Warning System (TAWS)/ Enhanced Ground Proximity Warning System (EGPWS) is operative and the pilots shall be aware of any limitations to the alerting envelope.

  6. The PIC shall ensure that all aircraft CAT II equipment is operative.

  7. The PIC shall ensure that the radio altimeter(s) is operative and displayed.

  8. The PIC shall ensure that approach facilities required for the instrument approach being conducted are continuously displayed and monitored.

  9. The PIC shall not continue the descent below the DH or MDA unless the required visual reference, with the aid of the EFVS to continue the approach, has been established.

  10. The PIC shall not continue the descent below 100 feet height above touch down zone elevation (HAT) unless the required visual reference to continue the approach has been established, without the aid of the EFVS.

  11. The PIC shall discontinue the instrument approach with a missed approach, if lateral or vertical deviation exceeds specified limits on the pilot’s displays.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. September 1st, 2011 at 23:59 EST;

  2. the date on which any condition set out in this exemption is breached; or

  3. the date on which this 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 affect aviation safety.

Dated at Ottawa, Ontario, Canada this 11th day of March 2010, on behalf of the Minister of Transport.

 

Original signed by

Martin J. Eley
Director General
Civil Aviation

 

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