EXEMPTION FROM PARAGRAPH 602.07(a) OF THE CANADIAN AVIATION REGULATIONS

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 Canadian air operators operating Transport Category helicopters certificated under paragraph 521.31(1)(f) of the Canadian Aviation Regulations (CARs) and configured with a seating layout excluding pilot seats, of 10 to 19 passengers inclusive, at gross weights exceeding 20,000 pounds, from paragraph 602.07(a) of the CARs, subject to the following conditions. 

Paragraph 602.07(a) states, in part: “… No person shall operate an aircraft unless it is operated in accordance with the operating limitations (a) set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness;”.  (The full text appears in Annex A of this exemption).

PURPOSE

The purpose of this exemption is to permit Canadian air operators operating Transport Category helicopters certificated under paragraph 521.31(1)(f) of the CARs and configured with a seating layout excluding pilot seats, of 10 to 19 passengers inclusive, and at gross weights exceeding 20,000 pounds, to exceed the Category A weights, described in the approved Rotorcraft Flight Manual (RFM) but not exceeding the maximum certificated gross weight, and to make momentary excursions into the shaded (avoid) area of the Height/Velocity diagram, also described in the approved Rotorcraft Flight Manual, during take-off and landing over water.

APPLICATION

This exemption applies to Canadian air operators operating Transport Category helicopters certificated under paragraph 521.31(1)(f) of the CARs and configured with a seating layout excluding pilot seats of 10 to 19 passengers inclusive, at gross weights exceeding 20,000 pounds, during take-off and landing operations over water.

CONDITIONS

This exemption is subject to the following conditions:

1. The pilot-in-command shall make such momentary flight, as is necessary for take‑off or landing, through the avoid area of the limiting height-velocity envelope established for the helicopter if:

  1. The flight through the avoid area takes place during arrival or departure from an aerodrome over water;
  2. The helicopter is operated in a manner consistent with performance data, provided by the manufacturer, in order to minimize the exposure to a forced landing due to the failure of a critical engine;
  3. The helicopter is certified for ditching; and
  4. If the manufacturer’s data indicate that the failure of a critical engine would result in a ditching, the sea conditions shall not exceed those under which the aircraft was certified for ditching.

2. The pilot-in-command shall ensure that the gross weight of the helicopter at take-off shall not exceed the maximum certificated gross weight specified in the approved Rotorcraft Flight Manual (RFM) for a rate of climb of 150 ft/min, at 1000 feet above the take-off surface, with the critical one engine inoperative (OEI) and the remaining engine operating at 30 minutes or maximum continuous OEI power, for the specific take-off altitude and temperature.

VALIDITY

This exemption is in effect starting May 31, 2011 at 23:59 EDT until the earliest of the following:

  1. October 31, 2012 at 23:59 EDT;
  2. The date on which any of the conditions set out in this exemption are 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.

Dated at Ottawa, Ontario, Canada this _25th__ day of ___May_______ 2011 on behalf of the Minister of Transport.

[original signed by]

Martin J. Eley
Director General
Civil Aviation

Annex A

Aircraft Operating Limitations

602.07 No person shall operate an aircraft unless it is operated in accordance with the operating limitations

  1. set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness;
  2. set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII;
  3. indicated by markings or placards required pursuant to section 605.05; or
  4. prescribed by the competent authority of the state of registry of the aircraft.
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