EXEMPTION FROM SUBSECTION 602.128(1) and SECTIONS 704.36 and 700.11 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 subsection 602.128(1) and sections  704.36  and 700.11 of the CARs, subject to the following conditions.

PURPOSE

Subsection 602.128(1) of the CARs, which comes into force on December 1, 2006, 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 704.36(1) of the CARs, which comes into force on December 1, 2006, states that no person shall conduct a CAT II or CAT III precision approach unless the air operator is authorized to do so in its air operator certificate and the approach is conducted in accordance with the Manual of All Weather Operations (Categories II and III).

Section 700.11 of the CARs states that no pilot in command of an IFR aircraft operated under this Part who is conducting a CAT II or CAT III precision approach shall continue the approach beyond the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted, unless the RVR is equal to or greater than the minimum RVR specified in the Canada Air Pilot in respect of the runway or surface of intended approach for the instrument approach procedure conducted.

The purpose of this exemption is to allow Cougar Helicopters Inc. pilots-in-command of the Eurocopter S332 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”A”) of 600 feet, using a decision height (DH) of 100 feet.

APPLICATION

This exemption applies to the Eurocopter S332 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.

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.

Crew Training

  1. Cougar Helicopters Inc. shall provide initial and annual 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, RVR sensors 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.;
  1. 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;
  1. missed approach technique including the method for controlling height loss;
  2. effects of wind and turbulence including wind shear; and
  3. recognition and reaction to malfunctions encountered prior to and after reaching the missed approach point.

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.

Operations

  1. The helicopter types used shall be the Eurocopter S332 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, unless, in the case of the Sikorsky SK-92, the approach is being flown with the autopilot and coupler engaged in the automatic deceleration mode.
  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.
  1. An approach under this authority shall not be continued beyond the final approach fix (FAF) inbound or, where there is no FAF, the point where the final approach course is intercepted, unless RVR “A” is equal to or greater than 600 feet.

VALIDITY

This exemption is in effect as of December 1, 2006 at 00:01 Atlantic Standard Time until the earliest of the following:

  1. June 1, 2008 at 23:59 Atlantic Daylight Time;
  2. the date on which any of the conditions 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 it is no longer in the public interest or is likely to affect aviation safety.

EXEMPTION CANCELLATION

As of December 1, 2006 at 00:01 Atlantic Standard Time the exemption from subsections 602.128(1) & (4) and 602.129(2) & (3) of the CARs issued to Cougar Helicopters Inc. on May 3, 2006 by the Acting Regional Director Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety. 

Dated at Moncton, New Brunswick, Canada, this 24th day of November, 2006, on behalf of the Minister of Transport, Infrastructure and Communities.

(original copy signed by A. W. Allan)

A. W. Allan
Regional Director
Civil Aviation
Atlantic Region

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