NOTICE OF PROPOSED AMENDMENT (NPA) AVIS DE PROPOSITION DE MODIFICATION (APM)

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1 NPA / APM Reference / référence xxx English Title / titre anglais Approach Ban - General Approach Ban - CAT III Runway Visibility French Title / titre français Interdiction d approche - Généralités Interdiction d approche - CAT III Sponsor (indicate if not OPI Branch or TC) / Bureau responsable (indiquer si ce n est pas de la direction du BPR ou TC) OPI Technical Contact / Ressource technique du BPR Language (E - F - Both) / Langue (A - F - Les deux) Ron Tidy (AARXB) Both Issue: On September 9 th and 10 th, 1999, a Notice of Proposed Amendment (NPA ) on CARs and was submitted for consultation to the members of the General Operating and Flight Rules (GO&FR) Technical Committee (Part VI). The GO&FR Technical Committee was not supportive of the NPA and recommended that Transport Canada undertake additional study on the issue through a System Safety review. In response to the recommendations of the GO&FR Technical Committee, the Civil Aviation Regulatory Committee (CARC) directed that a Transport Canada/Industry study group be established to strengthen the regulations pertaining to the approach ban. At the beginning of November, the Director General Civil Aviation and the Executive Directors of the General Operating and Flight Rules and Commercial Air Service Operations Technical Committees approved the attached Terms of Reference (TOR) establishing the Study Group (SG) on Regulations Respecting the Approach Ban. Justification for Change: Revised July 04, 2000

2 The study group met on the 17 th and 18 th of November 1999 with the following objective: To make written recommendations accompanied by NPAs to the GO&FR Technical Committee and the CASO Technical Committee, concerning: The strengthening of the approach ban which will apply to both precision and non-precision approaches; and The requirements and standards applicable to air operators and private operators which would permit operations in lower visibility with an equivalent level of safety. After two days of meetings, and despite some strong differences of opinion, a large degree of consensus was reached by the SG members. The consensus achieved through compromise was sufficient to formulate recommendations concerning the approach ban and dictate the intent of new regulations and standards. This NPA is one of a package of NPAs which relate to the Approach Ban and include: Subpart Interpretation regulations, Subpart Operating and Flight Rules regulations, Subpart Operating and Flight Rules standards, Subpart Private Operator Passenger Transportation regulations, Subpart Private Operator Passenger Transportation standards, Subpart Air Taxi Operations regulations, Subpart Air Taxi Operations - Aeroplane standards, Subpart Commuter Operations regulations, Subpart Commuter Operations - Aeroplane standards, Subpart Airline Operations regulations, Subpart Airline Operations standards, and Commercial & Business Aviation advisory material on pilot monitored approach (PMA). The NPAs were presented and discussed at a joint meeting of GO&FR and CASO Technical Committees on 15 February As a result of that meeting, the NPAs were amended according to the decision record of the committees and were presented to CARC on 10 March Four additional NPAs were added to specify the training requirements for stabilized constant descent angle (SCDA) non-precision approaches. CARC s decision was that General Aviation regulated by (Part VI) and private operators regulated by Private Passenger Transportation (Subpart 604) not be subject to the proposed changes to the Approach Ban. General Aviation (Part VI) and Private Passenger Transportation operators (Subpart 604) will continue to be subject to the 2

3 status quo (existing approach ban). The proposed changes to the Approach Ban will apply only to Commercial Air Services (Part VII). In order to meet the decision of the CARC, two editorial changes and two substantive changes are required to the existing approach ban: (1) incorporate the exemption as detailed in Aeronautical Information Circular (AIC) 1/97; (2) make an editorial change to (1) (a) to correct the error as described in the TSB Occurrence Bulletin A97H0011; (3) add a subsection which directs operators regulated under Part VII, Commercial Air Services, to the Part VII Approach Ban; and (4) add a subsection which restricts operations to aerodromes where low visibility procedures are in effect. Finally, the proposed "generic" Approach Ban criteria, which was slated for and , must be moved to Subpart 700 to apply to Commercial Air Services. During the review of the new runway visibility regulations and standards at the Part VIII Technical Committee in June 2000, it was proposed that the operational runway visibility regulations and standards, which had been moved to Subpart 700, be retained in Subpart 602 and 622 so that they would pertain to all instrument rated pilots. In addition, the term qualified person was standardized with the Part VIII text. Current Text: Approach Ban - General (1) With respect to an aeroplane, for the purposes of subsection (3), the RVR is below the minimum RVR if feet and RVR "B" is less than 600 feet; or (2) With respect to a helicopter, for the purposes of subsection (3), the RVR is below the minimum RVR if 3

4 feet; or (3) Where the RVR is reported to be below the minimum RVR as described in subsection (1) or (2), as applicable, the pilot-in-command of an IFR aircraft conducting an instrument approach shall discontinue the approach unless (a) when the RVR report is received, the aircraft (i) has passed the outer marker or the fix that serves as the outer marker, and (ii) is in descent to the runway; (b) the aircraft is on a training flight where a landing is not intended, and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or the minimum descent altitude, as appropriate; (c) the RVR is fluctuating above and below the minimum RVR and the ground visibility of the aerodrome where the runway is located is reported to be at least one-quarter mile; or (d) the pilot-in-command of the aircraft is conducting a precision approach to CAT III minima. Approach Ban - CAT III No pilot-in-command of an IFR aircraft conducting a CAT III precision approach shall continue the approach beyond the outer marker or the fix that serves as the outer marker unless the RVR is at or above the minimum approach RVR specified by the Minister in the Canada Air Pilot. 4

5 New Text: Approach Ban - General (1) This section does not apply in respect of aircraft operated pursuant to Part VII. (2) With respect to an aeroplane, for the purposes of subsection (34), the RVR is below the minimum RVR if feet or RVR "B" is less than 600 feet; or (3) With respect to a helicopter, for the purposes of subsection (4), the RVR is below the minimum RVR if feet; or (4) Where the RVR is reported to be below the minimum RVR as described in subsection (2) or (3), as applicable, the pilot-in-command of an IFR aircraft conducting an instrument approach shall discontinue the approach unless (a) when the RVR report is received, the aircraft (i) has passed the outer marker or the fix that serves as the outer marker, and (ii) is in descent to the runway; (b) the aircraft is on a training flight where a landing is not intended, and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or the minimum descent altitude, as appropriate; (c) the RVR is fluctuating above and below the minimum RVR; 5

6 (d) the RVR is below the minimum RVR and the ground visibility of the aerodrome where the runway is located is reported to be at least one-quarter mile; or (e) the pilot-in-command of the aircraft is conducting a precision approach to CAT III minima. (5) No pilot-in-command of an IFR aircraft shall commence a non-precision instrument approach or a CAT I precision approach to an airport where low visibility procedures are in effect. Approach Ban - CAT III (1) This section does not apply in respect of aircraft operated pursuant to Part VII. (2) No pilot-in-command of an IFR aircraft conducting a CAT III precision approach shall continue the approach beyond the outer marker or the fix that serves as the outer marker unless the RVR is at or above the minimum approach RVR specified by the Minister in the Canada Air Pilot. Runway Visibility 602.xxx (1) When RVR A is inoperative or is not reported, runway visibility may be assessed by: (a) an instrument rated pilot in accordance with section 622.xxx; or (b) a qualified person in accordance with division III of Subpart 804. (2) The assessment of runway visibility shall not be considered current for a period exceeding twenty minutes. 6

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