Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt CanJet Airlines I.M.P. Group Limited, P.O. Box 980, Enfield, NS, B2T 1R6 from the requirement set out in paragraphs 625.33(5)(j), (o), (p) and (q) Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards made pursuant to paragraph 605.33(1)(c) of the Canadian Aviation Regulations (CARs),subject to the conditions of this exemption.
Paragraph 605.33(1)(c) stipulates that no person shall conduct a take-off in an aircraft in respect of which a type certificate has been issued authorizing the transport of more than 30 passengers unless the aircraft is equipped with a flight data recorder that conforms with Chapter 551 of the Airworthiness Manual and section 625.33 of the Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards.
Subsection 625.33(5) of the General Operating and Flight Rules Standards stipulates that a flight data recorder (FDR) installed on board a multi-engine turbine-powered aeroplane pursuant to paragraph 605.33(1)(c) of the CARs, in respect of which a type certificate has been issued after September 30, 1969, authorizing the transport of more than 30 passengers shall record the parameters listed below:
(a) (…)
(j) pitch trim position;
(…
(o) position of each thrust reverser;
(p) trailing edge flap or cockpit flap control position; and
(q) leading edge flap or cockpit flap control position.
PURPOSE
The purpose of this exemption is to:
Allow CanJet Airlines to operate a Boeing Model 737-35B aircraft that
does not fully comply with the requirements of 625.33(5) of the General
Operating and Flight Rules Standards for the duration of the lease agreement
between CanJet Airlines and CIT Group. Specifically the flight data recorder
installed on this aircraft does not record parameters required under paragraphs
(j) pitch trim position, (o) position of each thrust reverser, (p) trailing
edge flap or cockpit flap control position; and (q) leading edge flap or cockpit
flap control position.
This aircraft is being leased from CIT Group for duration of three years (+/- 2
month buffer). The aircraft is being imported from the United States of America
where Delta Airlines operated it. The aircraft is equipped with an FDR that
meets the requirements of the applicable operating rules in the United States
of America. The FDR requirements of the USA and Canada are different for this
class of aircraft. Specifically, the US FDR requirements for this aircraft
differ from the Canadian requirements in that the four parameters noted above
are substituted with four other parameters. Converting from the US to Canadian
FDR configurations is a very expensive undertaking that for a lease duration
of three years is not in the public interest.
APPLICATION
This exemption applies to the operator CanJet Airlines I.M.P. Group Limited,
P.O. Box 980, Enfield, NS, B2T 1R6, when operating the following aircraft,
pursuant to its Air Operator Certificate Number 10305:
Boeing Model 737-35B, C-FHGE, Serial Number 23970
CONDITIONS
This exemption is subject to the following conditions:
- The operator shall comply with all other applicable requirements of Chapter 625.33(5) of the General Operating and Flight Rules Standard.
- The operator shall have installed a flight data recorder system that complies with section 121.344(b)(1) of Part 121 (Amendment 121-300) of the United States Code of Federal Regulations;
- A copy of this exemption shall be carried on board the subject aircraft;
- A copy of this exemption shall be kept in the subject Aircraft’s Technical File;
- The operator shall make the appropriate entries to identify this exemption in the subject aircraft’s Journey Log Book and Technical File;
- Should the lease agreement (MOU) signed between CanJet and CIT Group be terminated for any reason, the operator shall inform Transport Canada Civil Aviation of the date of the termination of the lease agreement within five (5) calendar days of the termination; and
- The aircraft is in a condition for safe operation.
NOTE:
The relief provided for by CanJet Airline’s Minimum Equipment List (MEL)
for the FDR system continues to be valid during the period of this exemption.
VALIDITY
This exemption is in effect until the earliest of the following:- April 28th, 2009, 23:59 ADT;
- The date upon which any condition specified in the exemption is breached;
- The date on which the subject aircraft ceases to be operated by CanJet;
- The date on which the lease signed between CanJet Airlines and CIT Group is terminated or cancelled; or
- The date on which the 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 Moncton, province of New Brunswick, Canada, this 9th day of February 2006, on behalf of the Minister of Transport.
Original signed by
Wayne Pert
Acting Regional Director, Civil Aviation
Atlantic Region
- Date de modification :