Exemption from paragraph 602.07(a) of the Canadian Aviation Regulations
NCR-083-2020
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 or security, I hereby exempt Canadian air operators operating Transport Category Rotorcraft configured with a seating layout excluding pilot seats, of 10 to 19 passengers inclusive, at gross weights exceeding 20,000 pounds, from the requirements of paragraph 602.07(a) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Paragraph 602.07(a) of the CARs states that no person shall operate an aircraft unless it is operated in accordance with the operating limitations set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness.
Section 602.07 of the CARs is reproduced in Appendix A.
Purpose
This exemption authorizes a Canadian air operator operating Transport Category Rotorcraft 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 chart derived Category A weight in the approved Rotorcraft Flight Manual (RFM), but not exceeding the maximum certificated gross weight of the rotorcraft, and to make momentary flights through the avoid area of the limiting Height/Velocity envelope during take-off and landing over water.
Application
This exemption applies to a Canadian air operator operating Transport Category Rotorcraft 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.
This exemption ceases to apply to an air operator that does not respect a condition of this exemption.
Conditions
This exemption is subject to the following conditions:
- During take-off and landing, momentary flight through the avoid area of the limiting height-velocity envelope published in the applicable Rotorcraft Flight Manual (RFM) shall only occur if:
- a) The rotorcraft is operated in accordance with the procedures and performance requirements provided in the elevated heli-deck section of the manufacturer’s RFM; and
- b) The rotorcraft is amphibious or certified for emergency ditching.
- The gross weight of the rotorcraft at take-off or landing shall not exceed the maximum gross weight specified in the RFM to achieve a rate of climb of 150 feet/minute at 1000 feet above the take-off and landing 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 or landing altitude, temperature and icing conditions.
Validity
This exemption is in effect until the earliest of the following:
- a) June 30, 2025 at 23:59 (EDT); or
- b) 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 adversely affect aviation safety or security.
DATED at Ottawa, Ontario, this 23rd day of June 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General, Civil Aviation
Transport Canada
Appendix A
Pertinent provision of the Canadian Aviation Regulations
Aircraft Operating Limitations
602.07 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;
- (b) set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII;
- (c) indicated by markings or placards required pursuant to section 605.05; or
- (d) prescribed by the competent authority of the state of registry of the aircraft.