EXEMPTION FROM PARAGRAPH 723.38(3)(a) AND SUBPARAGRAPH 723.38(3)(c)(iii), FROM PARAGRAPH 724.33(3)(a) AND SUBPARAGRAPH 724.33(3)(c)(iii) AND FROM SUBPARAGRAPH 725.40(3)(a)(i) AND CLAUSE 725.40(3)(a)(iii)(C) OF THE COMMERCIAL AIR SERVICE STANDARDS PER...

From: Transport Canada

 

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Canadian air operators operating aeroplanes under Subpart 703, 704 or 705 of the Canadian Aviation Regulations (CARs) from the requirement of paragraph 723.38(3)(a) and subparagraph 723.38(3)(c)(iii), from the requirement of paragraph 724.33(3)(a) and subparagraph 724.33(3)(c)(iii), and from the requirement of subparagraph 725.40(3)(a)(i) and clause 725.40(a)(iii)(C) of the Commercial Air Service Standards (CASS) pertaining to aeroplanes made pursuant to subsections 703.38(3), 704.33(5) and 705.40(4) of the CARs, subject to the conditions set out below.

The text of the pertinent provisions is reproduced in Appendix A.

PURPOSE

The purpose of this exemption is to allow a Canadian air operator operating aeroplanes under Subpart 703, 704 or 705 of the CARs, to permit the use of transmitting electronic cargo monitoring devices.

APPLICATION

This exemption applies to a Canadian air operator operating aeroplanes under Subpart 703, 704 or 705 of the CARs who permits the use of a specific type, make, model and series of transmitting electronic cargo monitoring device, which constitutes a transmitting portable electronic device.

APPLICATION CRITERIA

The air operator shall meet the following criteria prior to operating pursuant to this exemption.

  1. Prior to permitting the use of a specific type, make, model and series of electronic cargo monitoring device (hereafter “the device”), the air operator shall be satisfied that the device will not impair the functioning of the aeroplane systems or equipment by performing at least the following actions:
    1. analyse the radio frequency energy emitted by the device in a continuously transmitting mode and in the monitoring mode when tested in accordance with the procedures of, and against the Category M parameters set out in, section 21.0 of RTCA/DO-160E – Environmental Conditions and Test Procedures for Airborne Equipment, or any subsequent version of this document;
    2. decide, based on the analysis of the test results referred to in paragraph a), whether on-aircraft testing of the device is required and document the justification for the decision;
    3. where the air operator has decided that further testing is required, conduct on-aircraft testing of the device in a continuously transmitting mode to determine that the device will not impair the functioning of aeroplane systems or equipment;
    4. if the test results referred to in paragraph a) indicate exceedances of the Category M parameters, develop an air operator in-flight contingency procedure to be used in the event of suspected electro-magnetic interference (EMI) with the aeroplane’s systems or equipment;
    5. develop a procedure for the purpose of notifying  flight crew members of the presence of the device on the aeroplane;
    6. train flight crew members operating aeroplanes in which the device is permitted to be carried on board in at least the following subjects:
      1. EMI recognition;
      2. the air operator’s contingency procedure, if any, relating to suspected EMI; and
      3. the reporting procedure required in the event of a suspected EMI occurrence;
    7. submit to the Minister for approval amendments of the applicable parts of its Company operations manual (COM) and flight crew member training program to reflect changes in the procedures referred to in paragraphs d), e) and f).

CONDITIONS

This exemption is subject to the following conditions:

  1. The air operator shall have incorporated the amendments pertaining to paragraphs d), e) and f) of the application criteria into its COM and training program within 14 days of the Minister approving those amendments.
  2. The air operator shall ensure that the device is packaged and stowed as per the manufacturer’s instructions, and that any package, container, pallet or unit load device containing the device indicates the presence of the device within by displaying prominent labels on its exterior.
  3. The air operator shall make available to the Minister upon request all records pertaining to the air operator’s activities relating to application criteria and to condition 1 of this exemption.
  4. The air operator shall neither commence nor continue to permit the use of a specific type, make, model and series of the device which is known by the air operator to have interfered with the systems or equipment of any aeroplane in the air operator’s fleet;
  5. The air operator shall report any and all suspected EMI-related incidents related to the use of the device to the Minister within 48 hours of their occurrence; and
  6. The air operator shall carry the device only in the cargo compartments and not in the flight deck.

VALIDITY

This exemption is valid until the earliest of:

  1. June 15, 2019 at 23:59 EDT;
  2. the date on which any condition set out in this exemption is breached;
  3. the date on which an amendment modifying the subject matter of paragraphs 723.38(3) or 724.33(3) or paragraph 725.40(3)(a), as applicable, of the Commercial Air Service Standards specifically addressed in this exemption comes into effect; or
  4. 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 adversely affect aviation safety.

Dated at Ottawa, Ontario on this 11th day of July 2014, on behalf of the Minister of Transport.

"Original signed by"

Martin J. Eley
Director General
Civil Aviation

APPENDIX A

PERTINENT PROVISIONS OF THE CARS AND THE CASS

602.08 Portable Electronic Devices

(1) No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair the functioning of the aircraft's systems or equipment.

(2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.

703.38 Passenger and Cabin Safety Procedures

[…]

(3) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that

(a) meet the Commercial Air Service Standards; and

(b) are specified in the air operator's company operations manual.

723.38 Passenger and Cabin Safety Procedures (Aeroplanes)

[…]

(3) Use of Portable Electronic Devices

The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:

(a) Prohibited Devices

Any transmitting device that intentionally radiates radio frequency signals;

(b) […]

(c) […]

(iii) other portable electronic devices may be used, except during take-off, climb, approach and landing.

704.33 Apron and Cabin Safety Procedures

[…]

(5) For the purposes of section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that

(a) meet the Commercial Air Service Standards; and

(b) are specified in the air operator's company operations manual.

724.33 Passenger and Cabin Safety Procedures (Aeroplanes)

[…]

(3) Use of Portable Electronic Devices

The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:

(a) Prohibited Devices

Any transmitting device that intentionally radiates radio frequency signals;

(b) […]

(c) […]

(iii) other portable electronic devices may be used, except during take-off, climb, approach and landing.

705.40 Passenger and Cabin Safety Procedures

[…]

(4) For the purposes of section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that

(a) meet the Commercial Air Service Standards; and

(b) are specified in the air operator's company operations manual.

725.40 Passenger and Cabin Safety Procedures

[…]

(3) Use of Portable Electronic Devices (refers to paragraph 705.40(4)(b) of the Canadian Aviation Regulations)

(a) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:

(i) Prohibited devices: Any transmitting device that intentionally radiates radio frequency signals;

(ii) […]

(iii) Permitted devices with restrictions:

(A) […]

(B) […]

(C) other portable electronic devices may be used, except during take-off, climb, approach and landing;

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