EXEMPTION FROM PARAGRAPH 602.128(2)(b) 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 adversely affect aviation safety, I hereby exempt pilots-in-command of Instrument Flight Rule (IFR) aircraft operated by holders of an air operator certificate or a temporary private operator certificate from the requirement in paragraph 602.128(2)(b) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Paragraph 602.128(2)(b) of the CARs prohibits pilots-in-command of IFR aircraft from descending below the minimum descent altitude, in the case of a non-precision approach, unless the required visual reference necessary to continue the approach to land has been established.
The purpose of this exemption is to permit pilots-in-command of IFR aircraft operated by holders of an air operator certificate or a temporary private operator certificate to descend below the minimum descent altitude (MDA), when conducting a non-precision approach, 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) non-precision approach.
This exemption applies to a pilot-in-command of IFR aircraft operated by the holder of an air operator certificate or a temporary private operator certificate and who meets all the requirements set out in Appendix A of this exemption.
This exemption is subject to the following conditions:
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;
The pilot-in-command shall initiate a missed approach upon reaching the earliest of either the MDA or the missed approach point (MAP), where the required visual reference necessary to continue the approach to land has not been established;
The pilot-in-command shall not conduct an SCDA approach on procedures requiring a remote altimeter setting correction;
The pilot-in-command shall conduct the instrument approach procedure to straight-in minima, and the final approach course shall not be more than 15 degrees from the runway centreline; and
The pilot-in-command of IFR aircraft operated by the holder of an air operator certificate or a temporary private operator certificate shall not operate that aircraft unless all of the requirements set out in Appendix A of this exemption are met.
This exemption is in effect until the earliest of:
April 30th, 2015, 23:59 EST;
the date on which any condition set out in the exemption is breached; or
the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest, or that it is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada, this ______ day of __________, on behalf of the Minister of Transport.
“Original signed by Martin J. Eley on November 1, 2013”
Martin J. Eley
Attachment: Schedule A
The pilot-in-command has received and continues to receive ground and simulator or flight training that addresses the following subjects within the operator’s initial and recurrent training programs:
factors that affect altitude loss during the initiation of a missed approach;
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.
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.
the requirement to ensure that any altitudes at step-down fixes between the final approach fix (FAF) and the MAP are respected;
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 vertical navigation, or altimeter reference, shall be addressed.
the requirement to verify altitude and waypoint information from a navigation database against an independent source;
crew coordination upon reaching MDA and during the execution of a missed approach; and
utilization of temperature corrections to MDA and other published altitudes.
STANDARD OPERATING PROCEDURES
The holder of an air operator certificate or a private operator certificate has 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:
there is a failure of an aircraft system;
the aircraft is above normal maximum landing weight;
the aircraft landing weight is limited by aborted landing climb performance; or
height loss could be expected to be larger than normal.
REQUIRED AIRCRAFT EQUIPMENT
The following aircraft equipment is on board the aircraft and is serviceable at all times:
two barometric altimeters;
one radar altimeter; and
one ground proximity warning system (GPWS) or one Terrain Awareness Warning System (TAWS).
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