EXEMPTION FROM SECTION 507.07 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 National Railway Company, 935 rue de la Gauchetière Ouest, Montreal, H3B 2M9 from the requirements set out in section 507.07 of the Canadian Aviation Regulations (CARs) requiring that where an application for a flight authority is made in respect of an aircraft being imported, the applicant must comply with the importation requirements specified in Chapter 507 of the Airworthiness Manual.

PURPOSE

The purpose of this exemption is to allow Canadian National Railway Company to operate a Challenger Model CL600-2B16 Aircraft, Registration C-GCNR, Serial Number 5339, pending the validation of different FAA approved modifications embedded on the aircraft while on FAA registry.

APPLICATION

This exemption applies to Challenger Model CL600-2B16 Aircraft, Registration C-GCNR, Serial Number 5339, when operated by Canadian National Railway Company, under operator certificate P2003-009.

CONDITIONS

This exemption is subject to the following conditions:

  1. The operator shall maintain the aircraft on a Transport Canada approved inspection/maintenance schedule;
  2.  The operator shall submit to the Minister the application and all documents relevant for the validation of the FAA approved installations required by and in the form and manner prescribed by section 513.20 of the Canadian Aviation Regulations, and all applicable Standards Chapter 513 of the Airworthiness Manual within a period of 180 calendar days following the issuance of this exemption;
  3. The operator shall have the aircraft available for any required examination by the Minister;
  4.  The subject aircraft shall be in compliance with the requirements of any embodied Department of Transport (DOT) approved or accepted design change. Any design change to be embodied on the subject aircraft shall be established by a competent person, to be compatible with any of the limits authorized by this exemption and not to adversely affect the airworthiness of the modified aircraft;
  5. A copy of this exemption shall be attached to the Limitation Section of the Aircraft Flight Manual;
  6. A copy of this exemption shall be kept in the subject Aircraft's Technical File;
  7. The operator shall make the appropriate entries to identify this exemption in the subject aircraft's Journey Log Book and Technical File;
  8. The operator shall not use this exemption as a basis for an airworthiness approval of the current modifications embodied on the subject aircraft;
  9.  During the validity period of this exemption, should additional airworthiness concerns or data compromising the safety of the subject aircraft be brought to the attention of Transport Canada, the latter may at any time cancel or modify this exemption;
  10. The operator shall comply with all other requirements of Chapter 507 of the Airworthiness Manual.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. April 10, 2005, at 23:59 EST;
  2. The date on which any of the condition set out in this exemption is breached;
  3. The date on which this exemption is canceled in writing by the Minister of Transport where he is of the opinion that it is no longer in the public interest or it is likely to affect aviation safety; or
  4. The date on which the subject aircraft ceases to be operated by Canadian National Railway Company.

Dated at Dorval, province of Quebec, this October 13, 2004, on behalf of the Minister of Transport.

Yves Gosselin
Regional Director, Civil Aviation
Quebec Region
For the Minister of Transport

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