EXEMPTION FROM PARAGRAPH 602.128(2)(b) 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 pilots-in-command of Instrument Flight Rule (IFR) aircraft operated by:

  1. private operators pursuant to Subpart 604 of the Canadian Aviation Regulations (CARs);
  2. Canadian operators of state registered aircraft operating under an exemption issued by the Minister of Transport to Section 604.03 of the CARs; or
  3.  air operators pursuant to Part VII of the CARs. 

from the requirement in paragraph 602.128(2)(b) of the CARs, subject to the following conditions.

Paragraph 602.128(2)(b) of the CARs prohibits pilot-in-command of IFR aircraft from descending below the minimum descent altitude, in the case of a non-precision approach (NPA), unless the required visual reference necessary to continue the approach to land has been established. 

PURPOSE

The purpose of this exemption is to permit pilots-in-command of IFR aircraft operated by private operators pursuant to Subpart 604 of the CARs, Canadian operators of state registered aircraft operating under an exemption issued by the Minister of Transport to Section 604.03 of the CARs or by air operators pursuant to Part VII of the CARs to descend below the minimum descent altitude (MDA), when conducting a NPA, even if the required visual reference necessary to continue the approach to land has not been established.  This exemption is required in order to accommodate the altitude loss below MDA that will likely occur during a missed approach, following a stabilized constant descent angle (SCDA) NPA.

APPLICATION

This exemption applies only to those pilots-in-command of IFR aircraft operated by private operators pursuant to Subpart 604 of the CARs, Canadian operators of state registered aircraft operating under an exemption issued by the Minister of Transport to Section 604.03 of the CARs or by air operators pursuant to Part VII of the CARs who meet all of the requirements set out in the attached Schedule.

CONDITIONS

This exemption is subject to the following conditions:

  1. the pilot-in-command shall conduct a final approach descent with a planned SCDA from the final approach fix to a nominal landing runway threshold crossing height of 50 feet;
  2. the pilot-in-command shall initiate a missed approach upon reaching the earliest of either the MDA or the missed approach point (MAP), if the required visual reference necessary to continue the approach to land has not been established;
  3. a SCDA approach shall not be conducted on procedures requiring a remote altimeter setting correction;
  4. the instrument approach procedure flown is to straight-in minima, and the final approach course shall not be more than 15 degrees from runway centreline;
  5. the pilot-in-command and the air operator pursuant to Part VII of the CARs or private operator pursuant to Subpart 604 of the CARs, as the case may be, shall maintain compliance with all of the requirements set out in the attached Schedule.

VALIDITY

This exemption is in effect until the earliest of:

  1. November 1, 2010, 23:59 EST;
  2. the date on which any condition set out in the exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the CARs or related standards comes into effect; or
  4. the date on which this exemption 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, this 16th day of April 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

OSB Merlin Preuss on April 16, 2008

Merlin Preuss
Director General
Civil Aviation

Attachment:  Schedule


SCHEDULE

APPLICATION CONDITIONS

TRAINING PROGRAM

Private operators pursuant to Subpart 604 of the Canadian Aviation Regulations (CARs), Canadian operators of state registered aircraft operating under an exemption issued by the Minister of Transport to Section 604.03 of the CARs or air operator pursuant to Part VII of the CARs, as the case may be, shall ensure that the pilots-in-command who will be operating under this exemption have received and continue to receive ground and simulator or flight training that addresses the following subjects within their initial and recurrent training programs:

  1. factors that affect altitude loss during the initiation of a missed approach;
  2. the relationship between the published missed approach point (MAP) and the position where a missed approach is commenced following a stabilized final approach descent to minimum descent altitude (MDA);

    NOTE: The missed approach climb from a stabilized final approach descent will normally occur some distance before reaching the published MAP.

  3. the requirement to commence the horizontal (lateral) navigation portion of the published missed approach procedure at the missed approach point MAP in all cases;

    NOTE:  It is essential for obstacle clearance to delay any turns stated in the published missed approach procedure until the aircraft crosses the MAP.

  4. the requirement to ensure that any altitudes at step-down fixes between the final approach fix (FAF) and the MAP are respected;
  5. the operation of aircraft computer-generated approach slope systems or other methods of computing stable approach paths to the 50 foot nominal threshold crossing height;

    NOTE:  The effects of horizontal position error and temperature on the vertical path, whether it is derived from inertial, barometric VNAV, or altimeter reference, shall be addressed.

  6. the requirement to verify altitude and waypoint information from a navigation database against an independent source;
  7. crew coordination upon reaching MDA and during the execution of a missed approach; and
  8. utilization of temperature corrections to MDA and other published altitudes.

STANDARD OPERATING PROCEDURES

Private operators pursuant to Subpart 604 of the CARs, Canadian operators of state registered aircraft operating under an exemption issued by the Minister of Transport to Section 604.03 of the CARs or air operator pursuant to Part VII of the CARs shall have approved standard operating procedures incorporating stabilized constant descent angle (SCDA) non-precision approach (NPA), and the procedures include a specified amount to be added to the MDA to compensate for the additional height loss during the go-around initiation during approaches where:

    1. there is a failure of an aircraft system;
    2. the aircraft is above normal maximum landing weight;
    3. the aircraft landing weight is limited by aborted landing climb performance; or
    4. height loss could be expected to be larger than normal.

REQUIRED AIRCRAFT EQUIPMENT

Private operators pursuant to Subpart 604 of the CARs, Canadian operators of state registered aircraft operating under an exemption issued by the Minister of Transport to Section 604.03 of the CARs or air operator pursuant to Part VII of the CARs shall ensure that the following aircraft equipment is on board the aircraft and is serviceable at all times:

  1. two barometric altimeters;
  2. one radar altimeter; and
  3. one ground proximity warning system (GPWS) or one Terrain Awareness Warning System (TAWS).
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