AUTHORIZATION PURSUANT TO PARAGRAPH 704.01(c) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to paragraph 704.01(c) of the Canadian Aviation Regulations (CARs) and after taking into account that the authorization is in the public interest and is not likely to affect aviation safety, I hereby authorize Canadian Air Operators to operate Gulfstream GV and GV-SP aircraft under subpart 4 of Part VII of the CARs, notwithstanding that the maximum zero fuel weight of the aircraft exceeds the 22 680 kg (50,000 pounds) limit imposed by paragraph 704.01(b) of the CARs, subject to the following conditions.

Paragraph 704.01(c) of the CARs states that Subpart 704 of the CARs applies in respect of the operation by a Canadian Air Operator, in an air transport service or in aerial work involving sightseeing operations, of any aircraft that is authorized by the Minister to be operated under Subpart 704 of the CARs.

PURPOSE

This authorization will allow Canadian Air Operators to operate Gulfstream GV and GV-SP aircraft under subpart 4 of Part VII of the CARs notwithstanding that the maximum zero fuel weight of the aircraft exceeds the 22 680 kg (50,000 pounds) limit imposed by paragraph 704.01(b) of the CARs.

APPLICATION

This authorization applies to Canadian Air Operators for the purposes of operating Gulfstream GV and GV-SP aircraft under subpart 4 of Part VII of the CARs. The Commercial Air Service shall be limited to “on-demand” charter operations as defined in CAR Standard 724 Division I.

CONDITIONS

  1. The Supplementary Type Certification (STC) for the interior configuration of the aircraft is fully compliant with the certification basis of the aircraft Type Certificate Data Sheet. Where the interior is found to be non-compliant, the STC holder has satisfied all the conditions of an associated exemption, and the STC holder has satisfied all conditions and limitations to any applicable Special Conditions – Airworthiness (SCA).
  2. An additional crew member shall be assigned to all passenger-carrying flights to assist the air operator in fulfilling the passenger safety responsibilities under CAR 704.33 and 704.34 and associated Commercial Air Service Standards (CASS).
  3. The air operator shall also demonstrate compliance with the additional regulations, standards and guidance provided at Annex A to this authorization.
  4. The air operator shall submit for approval, to the Regional Manager, Commercial and Business Aviation all documentation required for initial issue of an Air Operator Certificate (AOC) or an amendment to an approved AOC in accordance with TP 4711 AOC Manual.
  5. The total number of passengers on board shall not exceed the lesser of, the certified capacity or 18 passengers, at any time.
  6. All flight crew member training shall be conducted in accordance with the requirements of Subpart 704 of the CARs.

VALIDITY

The authorization is in effect from March 1st, 2010 until the earliest of the following:

  1. August 31st, 2011 at 23:59 EDT;
  2. the date on which any of the conditions set out in this authorization is breached; or
  3. the date on which this authorization is cancelled, in writing, by the Minister, where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada, and this 26th day of February, 2010, on behalf of theMinister of Transport.

Original signed by

D.B. Sherritt
Director, Standards
Civil Aviation

Operation of Gulfstream GV and GV-SP Under CAR Subpart 704
Cabin Safety Requirements – Regulatory Compliance List

CAR

Sub Req.

Requirement

Remark

525.785

(h)

Seats, Berths, Safety Belts, and Harnesses

Certification  requirements for seats located in the passenger compartment and designated for use during take-off and landing by a flight attendant required by the operating rules of this chapter.

This regulatory airworthiness standard for flight attendant stations does not apply to the Gulfstream GV and GV-SP operated under Subpart 704 (the operating rule), as this subpart does not require a flight attendant to be carried.  The requirement for an additional crew member is called for in the Operational Evaluation of the aircraft type.

525.791

 

Passenger Information Signs and Placards

 

525.851

 

Fire Extinguishers

There must be a minimum of three hand fire extinguishers carried:

  • One on the flight deck;
  • One in the passenger cabin; and
  • One near the entrance to the Class B cargo compartment.

One additional hand fire extinguisher is required in the crew rest compartment when the aircraft is so configured.

It is recommended that these extinguishers contain Halon 1211 or approved equivalent agent.

525.1439

(a)

Protective Breathing Equipment

As the Gulfstream GV and GV-SP are equipped with a Class B cargo compartment, PBE is required for the additional crew member.

In accordance with the requirements of 705.71, PBE shall be installed within 1 meter of the required hand fire extinguisher for the Class B cargo compartment.

525.1447

(c)(4)

Equipment Standards for Oxygen Dispensing Units

Portable oxygen equipment must be immediately available for the additional crew member.

602.60

(1)(e)

Requirements for Power-Driven Aircraft

In accordance with paragraph (e), a flashlight is required for each crewmember.

602.86

 

Carry-on Baggage, Equipment and Cargo

Where carry-on baggage is to be permitted on board, procedures for its stowage in an approved location must be developed and approved.

No under seat or overhead stowage provisions are available on board the Gulfstream GV and GV-SP

Paragraph (2)(d) applies to the loading of the Class B cargo compartment, as it is accessible through the lavatory.

602.87

 

Crew Member Instructions

It is recommended that the crew member briefing requirement contained in Section 705.31 apply in place of this requirement.

605.24

(2)

Shoulder Harness Requirements

In accordance with subsection (2), the crew member need only be provided with a safety belt that includes a shoulder harness.  The requirement for dual upper torso straps is only required on board aircraft operated pursuant to Subpart 705 of the CARs.

605.25

 

General Use of Safety Belts and Restraint Systems

If there are no provisions for illuminated seat belt signs on board the Gulfstream GV and GV-SP, operating procedures will be required to comply with this section.

605.27

 

Use of Crew Member Safety Belts

If there are no provisions for illuminated seat belt signs on board the Gulfstream GV and GV-SP, operating procedures will be required to comply with this section.

704.07

(2)

Issuance or Amendment of Air Operator Certificate

There is no requirement in Subpart 704 for the operator to have a flight attendant manager as one of the approved managerial personnel.

As the Operations Manager is the responsible manager for issues relating to cabin safety, it is recommended that an interview be conducted by a Cabin Safety Superintendent in order to determine that the Operations Manager is aware of their cabin safety responsibilities and accepts those responsibilities.  The purpose of this interview is to ensure that there is a single person in the air operator’s organization who is responsible for cabin safety standards and will be the point of contact used by Transport Canada for all cabin safety related regulatory issues.

Should the Operations Manager wish to delegate those responsibilities, it is recommended that the approval process for Flight Attendant Managers be followed as identified in CBAAC 0115R2.

724.07

(1)(j), (2)(a)

Issuance or Amendment of Air Operator Certificate

Form 26-0448 Air Operator Certificate Application – Passenger Carrying Authority – Cabin Safety shall be submitted for approval.  The section entitled “Operations With Flight Attendants” shall be completed, with the following exceptions:

  • Flight Attendant Manager Qualifications – as noted, this position may not need to be filled where the Operations Manager is able to fulfill their responsibilities;
  • Cabin Emergency Evacuation Trainer;
  • Minimum Number of Flight Attendants per Aircraft Type; and
  • Carry-on Baggage Control Program.

It is recommended that a Cabin Safety Superintendent conduct an interview in order to determine that the Operations Manager is aware of their cabin safety responsibilities and accepts those responsibilities.  The purpose of this interview is to ensure that there is a single person in the air operator’s organization who is responsible for cabin safety standards and will be the point of contact used by Transport Canada for all cabin safety related regulatory issues.

Should the Operations Manager wish to delegate these responsibilities, it is recommended that the approval process for Flight Attendant Managers be followed as identified in CBAAC 0115R.

704.21

 

Admission to Flight Deck

The Gulfstream GV and GV-SP are equipped with a flight deck observer’s seat.  In this section, no provision is made to permit or prevent a passenger from occupying the flight deck observer seat.

However, if an operator wishes to permit a passenger to occupy the flight deck observer’s seat, the COM shall indicate the operator’s policy and procedures for its use.  The passenger shall have a seat available for use in the aircraft cabin.  Any transportation security regulations with respect to the state where the aircraft is being operated shall be respected. 

704.33

 

Apron and Cabin Safety Procedures

The Gulfstream GV and GV-SP is configured in such a way that the flight crew cannot comply with paragraph 704.33(1)(e).  This has necessitated the need for an additional crew member to be carried in the cabin.

The additional crew member shall receive training in accordance with subsection 704.33(3).  The training requirements referenced in 704.115(2)(d) shall be supplemented by the associated elements of TP 12296, Flight Attendant Training Standard.

724.33

 

Passenger and Cabin Safety Procedures

 

704.34

 

Briefing of Passengers

 

724.34

 

Briefing of Passengers

The briefing elements of subparagraph 724.34(1)(a)(vii) may be excluded from the standard safety briefing due to the presence of the additional crew member.  This relief is harmonized with subparagraph 725.43(1)(a)(viii), which excludes these briefing elements where flight attendants are required to be on board.

704.35

 

Safety Features Card

 

724.35

 

Safety Features Card

 

704.66

 

Protective Breathing Equipment

As there is no provision to have PBE available for additional crew members, the requirements of section 705.71 shall apply.

704.67

 

First Aid Oxygen

 

704.83

 

Hand-held Fire Extinguisher

There shall be a minimum of three hand fire extinguishers carried:

  • One on the flight deck;
  • One in the passenger cabin; and
  • One near the entrance to the Class B cargo compartment.

One additional hand fire extinguisher is required in the crew rest compartment when the aircraft is so configured.

It is recommended that these extinguishers contain Halon 1211 or approved equivalent agent.

704.84

 

Equipment Standards and Inspection

 

724.84

 

Equipment Standards and Inspection

 

704.115

 

Training Program

Training for additional crew members has not been established in Subpart 704 as historically, persons assigned duties to be performed in the interest of passengers were not an identified requirement on board aircraft operated pursuant to this subpart.

For this reason, it is necessary to identify training requirements based, in part, upon existing regulatory requirements within Subpart 704 and supplemented by requirements from Subpart 705.  In the case of the Gulfstream GV and GV-SP, this additional crew member is being assigned duties to be performed on board an aircraft and shall be trained in accordance with paragraphs (d) and (e) of subsection 704.115(2).

Their training will also be subject to the provision of 705.124(1)(b) and 705.124(2)(b) and, in addition, to Gulfsream Operating Manual Supplements number G550-OMS-01 -  Revision 2, November 20, 2008  or number G500-OMS-01 -  Revision 2, November 20, 2008 or latest version.

724.115

(1), (2), (25), (30)

Training Programs

Training for additional crew members who have been assigned duties to be performed in the interest of the passengers shall be in accordance with subsections (1), (25) and (30) of section 724.115.

In accordance with the provisions of subsection (2), the air operator may contract crew member training to another organization provided the conditions of subsection (2) are complied with.

The training elements identified in subsection 724.115(30) shall be linked to the corresponding training elements and supplemented where required by the training contained within TP12296, Flight Attendant Training Standard - Initial.  Those training elements are as follows, as applicable to the operation:

Part One – Aviation Indoctrination

  • 1.2 Regulatory Overview

Part Two – Roles and Responsibilities

  • 2.1 Air Operator;
  • 2.2 Crew Members;
  • 2.3 Transport Canada – Aviation Inspector

Part Three – Safety Procedures

  • 3.1 Crew Coordination
  • 3.2 Communication
  • 3.3 Surface Contamination
  • 3.4 Briefings
  • 3.5 Safety Checks
  • 3.6 Passenger Handling
  • 3.7 Passenger and Crew Member Seats and Restraints
  • 3.8A.1 – 3.8A.4 Carry-On Baggage
  • 3.9 Electronic Devices
  • 3.10 Service to Passengers on the Ground
  • 3.11 Fuelling with Passengers Onboard
  • 3.12 Pre-Take Off & Pre-Landing
  • 3.14 Apron Safety
  • 3.15 Turbulence
  • 3.16 Crew Member Incapacitation
  • 3.17A.1, 3.17A.3 – 3.17A.4 Flight Deck Protocol
  • 3.20 Oxygen Administration

Part Four – Emergency Procedures

  • 4.1 Firefighting
  • 4.2 Smoke/Fumes in the Cabin
  • 4.3 Rapid Decompressions and Cabin Pressurization Problems
  • 4.4 Evacuations

Part Five – Equipment Overview

  • 5.1 General

Part Six – Aircraft Specific

  • 6.1 Physical Description
  • 6.2 Galleys
  • 6.3 Communication Systems
  • 6.4 Lighting Systems
  • 6.5 Water and Waste Systems
  • 6.6 Oxygen Systems
  • 6.8 Exits
  • 6.9 Unique Features

Part Seven – Drills

  • 7.1 Public Address and Interphone System Drills
  • 7.2 Passenger Briefing Drills
  • 7.3 Aircraft Exit Operation Drills
  • 7.4 Evacuation Drills
  • 7.5 Raft Drill
  • 7.6 Life Preserver Drill
  • 7.8 Firefighting Drills
  • 7.9 Oxygen Equipment Drill

Part Eight – Aviation First Aid

  • All subparts required in accordance with AOHS requirements.

705.31

 

Crew Member Briefing

As there is no provision in Subpart 704 to address crew member briefings and 602.87 is limited in scope, this section is being imported from Subpart 705.

725.31

(1), (2)

Crew Member Briefing

The air operator shall develop crew member briefing in accordance with this standard.

705.41

 

Flight Attendant Stations

As there is no provision in Subpart 704 to identify the seating requirements for the carriage of additional crew members, this section is being imported from Subpart 705.

725.41

(1)

Flight Attendant Stations

The basis of approval for the crew member station shall be in accordance with Section 705.41 of the CARs and Section 725.41 of the CASS.

As the operating rule (704) does not require a flight attendant, the certification provisions of AWM 525.785(h) do not apply.

Any forward or aft-facing seat located within the passenger cabin (or forward passenger cabin where a door is installed in a partition between passenger compartments) may be considered for approval.  

The Operational Evaluation of the Gulfstream GV and GV-SP requires that the crew include an additional crew member assigned duties to be performed in the interest of passengers when carrying passengers and operating pursuant to Subpart 704.  The crew rest compartment, if fitted, is not acceptable as the additional crew member station, as it does not provide the occupant with the ability to exercise supervisory control over passengers by visual and aural means.  A certification limitation on the use of the crew rest compartment is that it must only be used for its intended purpose.

705.67

(d), (e)

General Requirements

 

705.71

 

Protective Breathing Equipment

As there is no provision in Subpart 704 to have PBE available for additional crew members, the requirements of Section 705.71 shall apply.

The requirement of subparagraph 705.71(3)(b)(iii) for an additional PBE located on the flight deck need not be complied with where paragraph 705.71(3)(a) is satisfied.  This harmonizes the flight crew PBE requirement with the existing 704.66.

The reference to Section 705.93 in subparagraph 705.71(3)(b)(iv) is not relevant as Section 704.83 identifies the required number of fire extinguishers in the passenger compartment.

For aircraft configured with a crew rest compartment, some relief in the total number of PBE units installed on board may be achieved by placement of PBE units in appropriate locations.  For example, the crew rest compartment PBE satisfies the passenger compartment PBE requirement set out in subparagraph 705.71(3)(b)(iv).

705.73

 

Interphone System

As there is no provision in Subpart 704 for cabin to flight deck communication systems, the requirements of 705.73 are being imported.

705.74

 

Public Address System

As there is no provision in Subpart 704 for a public address system, the requirements of 705.74 are being imported.

It has been determined that where the additional crew member station is located within the passenger cabin, no public address system access is required for the additional crew member.

705.76

(a), (c), (d), (e)

Lavatory Fire Protection

As there is no provision in Subpart 704 for lavatory fire protection, the requirements of 705.76 are being imported.

Paragraph 705.76(b) need not be complied with as the requirement to have a built-in fire extinguisher for each waste disposal receptacle is only applicable for aeroplanes with a passenger capacity of 20 or more – AWM 525.854 refers.

705.79

 

Flashlight Stowage

As there is no provision in Subpart 704 for flashlight stowage, the requirements of 705.79 are being imported.

Paragraph 602.60(1)(e) requires that a flashlight be available for each crew member.

705.90

(2), (3)

First Aid Kits

As there is no provision in Subpart 704 relating to the location and marking of the first aid kit required by subsection 724.84(3), the requirements of 705.90 (2) and (3) are being imported.

705.104

(1)(a), (2)

Flight Attendant Requirements

 

705.109

(1)(a)

Flight Attendant Qualifications

As there is no provision for the qualification of additional crew members assigned duties to be performed in the interest of passengers in Subpart 704, the requirements of 705.109 (1)(a) are being imported.  It has been determined that line indoctrination training is not required for the additional crew member.

725.113

(5)

Validity Period

As there is no provision related to the validity period of “training”, other than annual training, in Subpart 704, the validity period requirements of 725.113 (5) will be imported.

705.124

(1)(b), (2)(b)

Training Program

As there is no provision in Subpart 704 specifying the training required for additional crew members assigned duties to be performed in the interest of passengers, these elements of 705.124 are imported.

Approval of the training programs shall remain in accordance with 704.115.

725.124

(39)

Training Program

This additional training requirement specified in 725.124 has been identified as necessary for the additional crew member to comply with paragraph 704.115 (2) (e).

705.139

 

Flight Attendant Manual

As there is no provision in Subpart 704 relating to a manual for additional crew members assigned duties to be performed in the interest of passengers, the requirements of 705.139 will be imported.

There is no need to publish a separate document for the use of the additional crew member, provided that the content requirements of TP 12295 as applicable to the operation are contained within the Operations Manual and the additional crew member is issued with this manual in accordance with 704.122(1).
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