EXEMPTION FROM SUBSECTIONS 602.128(1) AND (4) 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 Cougar Helicopters Inc., 549 Barnes Drive, Suite 200, Enfield, N.S., operating under Part VII, Subpart IV of the Canadian Aviation Regulations (CARS), from the application of subsections 602.128(1) and (4) of the CARs. This exemption is subject to compliance with the requirements set out in the purpose, application and condition sections below.

PURPOSE

Subsection 602.128(1) of the CARs states that no pilot-in-command 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. The normal minimum RVR requirement is 1200 feet RVR.

Subsection 602.128(4) of the CARs states that no pilot-in-command of an IFR aircraft shall conduct a precision approach to Cat II minima unless the flight crew has received the training specified in the Manual of All Weather Operations and the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the Manual of All Weather Operations. The conditions outlined below present requirements that provide an equivalent level of safety to that required by the Manual of All Weather Operations.

The purpose of this exemption is to allow Cougar Helicopters Inc. pilots-in-command of the Eurocopter 5332, Sikorsky SK76 and Sikorsky SK92 helicopter types to conduct Category II Instrument Landing System (ILS) approaches that are published in the Canada Air Pilot, when the reported visibility is at least Runway Visual Range (RVR) of 600 feet, using a decision height (DH) of 100 feet.

APPLICATION

This exemption applies to the Eurocopter 5332, Sikorsky SK76 and Sikorsky SK92 helicopter types when operated by Cougar Helicopters Inc. in its operations under Air Operator Certificate Number 6127.

CONDITIONS - This exemption is subject to the conditions listed below.

CONDITIONS — CREW QUALIFICATIONS

  1. Both the pilot-in-command (PIC) and the second-in-command (SIC) shall have at least 100 hours flight time on the type of helicopter flown.
  2. The PIC and SIC shall have been checked within the previous 12 months, in an approved aircraft simulator by an approved check pilot or Transport Canada Inspector and must be certified as competent to use these minima. The validity period of the proficiency check and of the annual training required shall be in accordance with CAR 704.111.

CONDITIONS – CREW TRAINING

1. Cougar Helicopters Inc. shall provide ground training to crew members on the following subjects:

  1. the operational characteristics, capabilities and limitations of the CAT II ILS and visual aids, (e.g. approach lights, threshold lights, in-runway lights, transmissometers and runway markings);
  2. the operational characteristics, capabilities and limitations of the airborne system to be used by the flight crews, including the following, as appropriate:
    1. the flight director system;
    2. the automatic approach coupler;
    3. the system used to identify the DH;
    4. the instrumentation and display system;
    5. other systems and devices peculiar to the air operator's installation, such as computed go-around guidance, failure warning systems, etc.;
  3. individual crew duties, including:
    1. pilot monitored approach procedures;
    2. pilot incapacitation procedures;
    3. two pilot communication rule/challenge and response;
    4. problems associated with the transition from non-visual flight that includes emphasis on the need to continually monitor flight instruments (or of staying coupled) until attitude and vertical descent path have been visually assessed and on visual reference and pilot 'technique (altitude control during the deceleration flare) required to continue the approach to a safe landing;
  4. missed approach technique including the method for controlling height loss;
  5. effects of wind and turbulence including wind shear; and
  6. recognition and reaction to malfunctions encountered prior to and after reaching the missed approach point.

CONDITIONS – CREW CERTIFICATION

  1. The pilot proficiency check (initial and recurrent) shall be conducted by an approved check pilot or by a Transport Canada Inspector.
  2. Before conducting a lower limits check on company personnel for the purposes of this exemption, the approved check pilot shall receive lower limits training and be monitored in the aircraft simulator by a Transport Canada Inspector.
  3. During the pilot proficiency check (initial and recurrent) the crew shall consist of a PIC and a SIC and neither the approved company check pilot nor the Transport Canada Inspector may form part of the crew.
  4. The pilot proficiency check (initial and recurrent) shall include at least one RVR 600 feet/DH 100 feet approach to a missed approach during which a practical emergency (e.g.engine fire) is introduced to assess crew coordination, and a subsequent RVR 600 feet/DH 100 feet ILS approach to a landing.
  5. The lower limits certification shall be annotated on a file copy of a pilot proficiency check (PPC) form 26-0279 and the validity dates on the PPC record form 26-0256. Cougar Helicopters Inc. shall keep a copy of the PPC form in the respective pilot's training file.

CONDITIONS — OPERATIONS

  1. The helicopter types used shall be the Eurocopter S332, Sikorsky SK76 and Sikorsky SK92 and shall be type certificated as Transport Category A rotorcraft.
  2. The approach shall be a Category II ILS instrument approach procedure published in the Canada Air Pilot.
  3. All components of the Cat II ILS system shall be serviceable and functioning.
  4. The helicopter shall be flown in a stabilized approach and at an indicated airspeed which will produce a groundspeed not exceeding 80 knots from the final approach fix (FAF)
    inbound.
  5. The helicopter shall be equipped with the following serviceable and functioning systems:
    1. a flight director or single automatic coupler augmenting the stabilization system;
    2. two radio altimeter indicators having an altitude alert function which does not interfere with the normal operation and display of the radio altimeter system;
    3. ice and rain protection for each windshield and a heat source for each airspeed system pitot tube installed;
    4. two independent VHF air-ground communications systems; and
    5. dual ILS localizer and glide slope receivers and associated avionics failure warning systems.

VALIDITY

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

  1. 24:00 Atlantic Daylight Time on April 1, 2006;
  2. the date on which an amendment to appropriate provisions of the Canadian Aviation Regulations comes into effect;
  3. the date on which any of the conditions set out in this exemption is breached; or
  4. the date on which this exemption is cancelled, in writing, by the Minister, where he is of the opinion it is no longer in the public interest or is likely to affect aviation safety.

Dated at Moncton, New Brunswick, this 28th day of September, 2004, on behalf of the Minister of Transport.

(original copy signed by Wayne Malone)

Wayne Malone
Regional Director
Civil Aviation
Atlantic Region

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