Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that this exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt pilots-in-command of IFR aircraft operated by Midwest Aviation, a Division of Peter Kiewit Sons, Inc., 3709 Doolittle Plaza, Omaha, Nebraska 68110 U.S.A., from the requirement set out in subsection 602.128(l) of the Canadian Aviation Regulations (CARs) subject to the conditions of this exemption.
Subsection 602.128(1) 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.
PURPOSE
Instrument procedures are no longer published in the route and approach inventory. The purpose of this exemption is to allow the pilot-in-command of an aircraft operated by Midwest Aviation to conduct restricted instrument procedures using minima specified in the Restricted Canada Air Pilot.
APPLICATION
This exemption applies to the pilots-in-command of the following aircraft operated by Midwest Aviation:
Learjet 45 (equipped with dual Universal 1C and 1 C+ navigation systems); Dassault Falcon 50 (equipped with dual Universal lK or 1K+ navigation systems); Dassault Falcon 50 EX (equipped with dual Honeywell NZ 2000 navigation system); and Gulfstream IV type aircraft (equipped with dual Honeywell NZ 2000 navigation system).
This exemption applies to the RNAV (GNSS) instrument approaches to Runway 17 and Runway 35 at Fort McKay-Horizon Airport.
INTERPRETATION
For the purpose of this exemption:
"Restricted Canada Air Pilot" - means an aeronautical information publication that contains information on instrument procedures and that is published under the authority of the Minister of Transport.
"Restricted Instrument Procedure" - means an instrument procedure that is not compliant with the criteria set out in the Criteria for the Development of Instrument Procedures Manual TP 308 and is published in the RCAP or in the Inventory.
CONDITIONS
This exemption is subject to the following conditions:
- No pilot-in-command of an IFR aircraft shall conduct a RIP unless the minima published in the Restricted Canada Air Pilot are observed;
- The pilot-in-command shall, prior to conducting the RIP, ascertain by means of radiocommunications or by visual inspection, the condition of the intended landing surface, and the wind direction and speed;
- The pilot-in-command shall consult the Canada Flight Supplement for the latest information on the aerodrome regarding the Restricted Instrument Procedure to be used;
- Flight crewmembers conducting RCAP approaches shall have successfully completed the Midwest Aviation training program and simulator training within the past year for the type of RCAP approach to be flown (i.e. RNAV (GNSS));
- Midwest Aviation shall provide flight crewmembers with route and aerodrome familiarization training for Fort McKay- Horizon Airport; and
- Midwest Aviation shall maintain Federal Aviation Administration approval to conduct RNAV (GNSS) approach procedures.
VALIDITY
The exemption is in effect until the earliest of the following:
- January 31, 2008 at 23:59 hours EST,
- the date on which any of the conditions set out in this exemption is breached; or
- the date on which the exemption is cancelled by the Minister, in writing, 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, Canada this 28 day of July 2006, on behalf of the Minister of Transport, Infrastructure and Communities.
Merlin Preuss Director General Civil Aviation