Canada Gazette

These proposed Regulations Amending the Canadian Aviation Regulations (Parts I and VII) will introduce new requirements for Canadian commercial aeroplanes to be equipped with an Airborne Collision Avoidance System (ACAS). In the Canadian Aviation Regulations (CARs), Part VII Commercial Air Services, one section is to be added to each of Subpart 702 Aerial Work, Subpart 703 Air Taxi Operations, Subpart 704 Commuter Operations and Subpart 705 Airline Operations. Aeroplanes operated under Subparts 703, 704 and 705 provide the majority of commercial passenger and cargo carrying services. Aeroplanes operated under Subpart 702 are used for commercial aerial work, such as agricultural application, construction, surveying, towing of objects and other purposes. They may not be used in aerial work involving sightseeing operations. Definitions necessary for the implementation of these proposed amendments are to be added to Part I General Provisions.

ACAS is intended to reduce the risk of mid-air collisions. When installed on an aeroplane, an ACAS will identify the presence of a potential threat of mid-air collision and provide both a visual notification and an audio warning. ACAS is a family of airborne devices that function independently of the ground-based air traffic control (ATC) system and provides collision avoidance protection for a broad spectrum of aeroplane types. (see footnote 1) These devices are designed to serve as a safety back-up to ATC systems. They transmit interrogations that elicit replies from radar beacon transponders in nearby aeroplanes. There are currently two versions of ACAS which may be installed.

(1) Traffic Alert and Collision Avoidance System I (TCAS I) provides proximity warnings to pilots in the form of traffic advisories (TAs), which display the intruding transponder-equipped traffic relative to the TCAS I-equipped aeroplane. TAs generally include the range, altitude, and bearing of the intruding aeroplane. TCAS I installations must meet Technical Standard Order (TSO) (see footnote 2) C-118.

(2) TCAS II provides both TAs and recommended vertical escape manoeuvres (resolution advisories or RAs). RAs provide pilots with information to change a flight path or to prevent a manoeuvre that could cause insufficient separation between aeroplanes. TCAS II also coordinates RAs between two TCAS-equipped aeroplanes (each pilot would receive an RA that would not conflict with the RA received by the other pilot). TCAS II must meet either TSO C-119a (software version 6.04a) or TSO C-119b (software version 7.0). Software version 7.0 is a more sophisticated upgrade which improves ATC efficiency and the accuracy of RA information. TCAS II with software version 7.0 is known as ACAS II in Europe.

ACAS provides protection only from aeroplanes with an operating transponder. The level of protection provided by ACAS depends on the type of transponder the intruding aeroplane is carrying. For example, aeroplanes equipped with a Mode A transponder will provide only range and azimuth information to the ACAS-equipped aeroplane. An aeroplane equipped with a Mode S or Mode C transponder will provide range, azimuth, and altitude information to the ACAS-equipped aeroplane. Mode S is a more precise transponder because it transmits in 25-foot increments whereas Mode C transmits in 100-foot increments. Both Mode S and Mode C transponders incorporate automatic pressure-altitude reporting equipment. When electronically interrogated by an ACAS-equipped aeroplane, an aircraft with a Mode S or a Mode C transponder can provide more accurate location information than an aircraft with a Mode A transponder and, thus, enable better conflict resolution. This equipment is required under section 605.35 Transponder and Automatic Pressure-altitude Reporting Equipment of the CARs when an aircraft is operated in Class A, Class B, and Class C airspace and in Class D and Class E airspace that is specified as "transponder airspace" in the Designated Airspace Handbook (DAH). (see footnote 3) A Mode S transponder, as noted above, reports altitude in more precise increments than does a Mode C. As well, Mode S transponders have a data link capability which allows for coordination of RAs between TCAS II-equipped aeroplanes. Neither version of TCAS II will function effectively without a Mode S transponder also installed in the ACAS-equipped aeroplane whereas the functioning of TCAS I does not require a Mode S transponder. There is no requirement in the CARs for air operators to replace existing Mode A or Mode C transponders with Mode S transponders, to the extent that they can continue to properly maintain those transponders.

Part I contains definitions affecting more than one part of the CARs and administrative provisions applicable to all parts of the CARs.

Proposed changes to Schedule II which is attached to Subpart 103 Administration and Compliance, section 103.08 Designated Provisions, will introduce maximum penalties which may be assessed for non-compliance with new sections proposed in this amendment to the CARs.

"ACAS" or "Airborne Collision Avoidance System" will mean "an aircraft system that is based on transponder signals that operates independently of ground-based equipment and that is intended to provide aural and visual alerts to a flight crew on the risk of collision with an approaching aircraft equipped with a transponder."

"Mode S transponder" will be defined to mean "the airborne Mode S air traffic control (ATC) transponder referred to in TSO-C112."

"RVSM airspace" or "Reduced Vertical Separation Minimum airspace" will mean "airspace where a vertical separation minimum of 1,000 feet applies, whose horizontal and vertical limits are

(a) in respect of Canadian airspace, specified in the Designated Airspace Handbook, and

(b) in respect of foreign airspace, designated or otherwise recognized by the competent aviation authority of the foreign country."

"TSO-C112" will mean "the Technical Standard Order entitled Air Traffic Control Radar Beacon System/Mode Select (ATCRBS/MODE S) Airborne Equipment published by the Federal Aviation Administration (United States) on February 5, 1986."

"TSO-C118" will mean "the Technical Standard Order entitled Traffic Alert and Collision Avoidance System (TCAS) Airborne Equipment, TCAS I published by the Federal Aviation Administration (United States) on August 5, 1988."

"TSO-C119a" will mean "the Technical Standard Order entitled Traffic Alert and Collision Avoidance System (TCAS) Airborne Equipment, TCAS II published by the Federal Aviation Administration (United States) on April 9, 1990."

"TSO-C119b" will mean "the Technical Standard Order entitled Traffic Alert and Collision Avoidance System (TCAS) Airborne Equipment, TCAS II published by the Federal Aviation Administration (United States) on December 18, 1998."

Part VII Commercial Air Services of the CARs encompasses the operating and flight rules that apply specifically to commercial aircraft operations. Subpart 702 Aerial Work applies to aerial work involving the carriage of passengers other than flight crew, the carriage of helicopter external loads, the towing of objects or the dispersal of products (e.g. crop spraying). Subpart 703 Air Taxi Operations, Subpart 704 Commuter Operations and Subpart 705 Airline Operations apply to the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of aircraft of varying maximum certificated take-off weights (MCTOW) and passenger seating configurations. The smaller aircraft are regulated under Subpart 703 Air Taxi Operations. The regulations contained in Subpart 704 Commuter Operations apply to somewhat heavier aircraft capable of carrying more passengers while even larger aircraft capable of carrying 20 or more passengers are regulated under Subpart 705 Airline Operations. Proposed amendments to Subparts 702, 703, 704 and 705 will introduce requirements specifying which aeroplanes of those to which each subpart applies will be required to be operated with an ACAS.

Certain provisions, as follows, will be common to all the proposed new sections outlined subsequently; therefore, they will apply to all aeroplanes required to be equipped with an ACAS:

(1) For those aeroplanes having a certain weight and type of power plant, as specified in each applicable subsection, and operated in Reduced Vertical Separation Minima (RVSM) airspace, a TCAS II with software version 7.0 will be required. RVSM airspace refers to high-level airspace within which a set of equipment and navigational procedure specifications allow for reduced vertical separation from 2 000 ft. to 1 000 ft. between aircraft. TCAS II with software version 6.04a is not compatible with RVSM and would likely result in many invalid alerts if operated there.

(2) Aeroplanes manufactured on or before the coming into force of these provisions will have two years after the coming into force date to become compliant.

(3) For those aeroplanes for which a minimum equipment list (MEL) has not been approved by the Minister in respect of the air operator, the air operator may operate the aeroplane without a serviceable ACAS at any time during the three consecutive days after the date of the failure of the ACAS.

(4) An aeroplane may be equipped and operated with TCAS II even if it is only required by regulation to have TCAS I. An aeroplane equipped with TCAS II must also be equipped with a Mode S transponder.

(5) And, finally, when an ACAS or any mode of an ACAS must be deactivated in the interests of aviation safety, the pilot-in-command may deactivate the ACAS or that mode if it is done in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

In all cases, an operative ACAS that meets requirements other than those in the applicable TSO, when the Minister has accepted the alternative requirements as providing a level of safety that is at least equivalent to the level that the TSO provides, may be accepted as satisfying these provisions.

As noted, the above provisions will be common to all the proposed new sections. The amendments proposed as specific to each of Subparts 702, 703, 704 and 705 are the following.

The proposed amendment to Subpart 702, section 702.46 ACAS, will require turbine-powered land aeroplanes with a maximum certificated take-off weight (MCTOW) greater than 15 000 kg (33 069 lb.) to have a functioning TCAS II which meets TSO C-119a installed. The installation must include a Mode S transponder.

The proposed section to be added to Subpart 703 will require those aeroplanes with a MCTOW greater than 5 700 kg (12 566 lb.) being operated under this Subpart to have a functioning TCAS I installed. There will be no requirement for a Mode S transponder. This version of ACAS is not capable of providing RAs.

The proposed new section in Subpart 704 will distinguish between aeroplanes in terms of weight and the type of power plant in determining the requirements for ACAS installations. Turbine-powered aeroplanes with a MCTOW greater than 15 000 kg (33 069 lb.) must have a TCAS II installation that includes a Mode S transponder. These aeroplanes may have either software version 6.04a or version 7.0. Non-turbine powered aeroplanes with a MCTOW greater than 15 000 kg (33 069 lb.) are only required to have an ACAS meeting TSO C-118 (TCAS I). Aeroplanes with any type of power plant operating under Subpart 704 with a MCTOW between 5 700 kg (12 566 lb.) and 15 000 kg (33 069 lb.) are only required to have an ACAS meeting TSO C-118 (TCAS I). That is, an aeroplane operated under Subpart 704 with a MCTOW greater than 5 700 kg (12 566 lb.) and equal to or less than 15 000 kg (33 069 lb.) with any type of power plant or with a MCTOW greater than 15 000 kg (33 069 lb.) that is not turbine-powered will be required to have at minimum a TCAS I installation.

All aeroplanes that are being operated under Subpart 705 will be required to have one or the other of the ACAS installations described above. Those aeroplanes that are turbine-powered will be required to be equipped with a TCAS II installation with a Mode S transponder. Any other aeroplane operated under Subpart 705 will be required to have, at least, a TCAS I installation.

Amendments to the CARs are necessary to harmonize Canadian requirements for collision avoidance systems with those of other international regulatory jurisdictions, to acknowledge recommendations made by the Transportation Safety Board of Canada (TSB) as a result of investigations into aviation occurrences and to maximize the safety benefits available from this equipment.

These proposed amendments will provide users of Canadian domestic airspace with the same level of mandatory protection from the risks of mid-air collisions as are common in other jurisdictions. The United States initially introduced a requirement for TCAS in 1989. Until recently, the United States required TCAS on all aeroplanes in U.S. airspace with a passenger seating configuration of more than 30 seats and on turbine-powered aeroplanes with a passenger seating configuration of 10 to 30 passenger seats. A Final Rule (see footnote 4) published in 2003 extended the requirement for TCAS for both U.S. and non-U.S. registered aeroplanes to include cargo aeroplanes weighing more than 33 000 lb. MCTOW. As a result, all turbine-powered aeroplanes with MCTOW greater than 33 000 lb. must have TCAS II, and all turbine-powered aeroplanes with passenger seating configuration of 10 to 30 seats must have TCAS I when in U.S. airspace. France, Germany and the United Kingdom have issued regulations implementing the policy endorsed by the European Organization for the Safety of Air Navigation (EUROCONTROL) specifying that ACAS II (that is, TCAS II with software version 7.0) is required for aeroplanes operating in certain European airspace effective January 1, 2000. (see footnote 5) In 1999, India mandated ACAS for all aeroplanes operating in Indian airspace. Australia has required that ACAS be installed on aeroplanes using its airspace no later than January 2000. With respect to aeroplanes operated in international commercial air transport operations, the International Civil Aviation Organization (ICAO) has recently issued Standards and Recommended Practices (SARPs) calling for member States (of which Canada is one) to install ACAS II in turbine-powered aeroplanes authorized for carriage of more than 19 passengers or with a MCTOW greater than 5 700 kg (12 566 lb.) by January 1, 2005. EUROCONTROL has published, on their Web site, (see footnote 6) a list comprising over 30 jurisdictions worldwide, including those mentioned above, for which the implementation of ACAS requirements are complete for aeroplanes with a passenger seating configuration of more than 30 seats and a MCTOW of 15 000 kg (33 069 lb.) or more.

In response to recommendations of the TSB, a Working Group on Additional Operational Requirements was established under the auspices of the Commercial Air Service Operations (CASO) Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) to develop draft regulations, standards and supporting guidance material for future operational requirements on Canadian aircraft. The TSB had recommended that installation of additional operating equipment including Ground Proximity Warning Systems, Airborne Collision Avoidance Systems, additional attitude indicators and wind shear alerts be made mandatory in Canada. The Working Group was also tasked with responding to the Federal Aviation Administration (FAA) revisions of requirements for such equipment. The Working Group recommended that regulations be drafted to require Canadian aeroplanes to be equipped with functioning ACAS.

The status quo whereby the installation of ACAS is left to voluntary action by Canadian air operators will not harmonize the Canadian regulatory environment with that in place internationally and is an insufficient response for the regulatory authority to be able to assure the uniformity of compliance necessary to maximize the benefits from this equipment.

A preliminary scan for environmental impacts has been undertaken in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.

Throughout the development of the aviation regulations and standards, Transport Canada applies risk management concepts. Where there are risk implications the analysis of these proposed amendments has concluded that the imputed risk is acceptable in light of the expected benefits.

The benefits from the proposed requirement for the installation of ACAS on Canadian aeroplanes will result from a reduced risk of mid-air collisions between aeroplanes in Canadian airspace and from the harmonization of Canadian requirements with those in place in other jurisdictions.

Installation and use of ACAS on an individual aeroplane provides protection not only for the aeroplane upon which it is installed but also for the aeroplanes that are equipped with transponders and sharing the same portion of airspace with the ACAS-equipped aeroplane, since only one party needs to recognize a potential collision and to take the necessary action to eliminate the risk. Thus, the safety benefits of these installations increase rapidly as the number of aeroplanes in which they are installed increases.

Some idea of the magnitude of the current potential risk from the lack of ACAS requirements for Canadian domestic airspace may be gathered from data on aviation occurrences. There are three types of occurrences that may be reduced in frequency by the expanded requirements for ACAS in Canadian airspace — mid-air collisions, near mid-air collisions (NMAC) and losses of separation. Over the period from 1991 to 2001, there were 1 073 occurrences comprising 1 mid-air collision, 7 near mid-air collisions and 1 065 losses of separation, which might have been prevented or mitigated by warnings provided by on-board ACAS. In all 1 073 occurrences at least one of the aircraft would have been required to have ACAS installed if this proposal had been in force at the time of the occurrence. The mid-air collision resulted in eight fatalities. Nearly 40 000 occupants of the aeroplanes involved were placed at risk in these occurrences. As air traffic increases, the potential for aircraft intruding on each other's airspace with consequent risk of collision, especially in the busiest terminal areas, will increase as well. Installation and use of ACAS will assist in controlling and mitigating this risk.

A study commissioned by the FAA to examine the potential consequences of the extension of ACAS requirements to all-cargo aeroplanes indicated a reduction in risk of near mid-air collisions for all-cargo aeroplanes of 15% and a reduction in risk for passenger-carrying aeroplanes of 17%. (see footnote 7) Although these calculations were based on U.S. airspace and U.S. traffic levels, they also took into account the U.S. environment prior to the promulgation of the Final Rule in 2003 wherein most passenger-carrying aeroplanes were required to carry ACAS and cargo aeroplanes were not. The risk reduction discussed was a reduction in the risk that remained after the majority of traffic during day operations at busy airports (i.e. passenger-carrying flights) was equipped with protective equipment. Despite the differences in traffic levels and mandated ACAS installation between the U.S. and the Canadian domestic airspace environments, these calculations provide an indication of the magnitude of risk reduction which can be expected for users of Canadian airspace from the proposed mandatory requirement for ACAS on most Canadian aeroplanes.

The international competitiveness of Canadian air operators will benefit from maintenance of Canadian safety regulations at the same level as is common among the more technologically sophisticated of its trading partners.

The original ACAS system (TCAS I) was developed in the United States by the Federal Aviation Administration (FAA) and provided only a warning of the existence of a potential conflict without instruction as to how to avoid collision. The more advanced version, TCAS II, which is capable of providing instructions as to the action to take to avoid a conflicting aircraft has been mandatory in the United States for both U.S. and foreign-registered aircraft with more than 30 passenger seats since December 30, 1993.

ICAO has recently issued Standards and Recommended Practices (SARPs) calling for member States (of whom Canada is one) to install ACAS II (which is equivalent to TCAS II version 7.0) in turbine-powered aeroplanes authorized for carriage of more than 19 passengers or with a MCTOW greater than 5 700 kg (12 566 lb.) by January 1, 2005, when those aeroplanes are operated in international commercial air transport operations. This is the standard that has been adopted for operations in European airspace and has been implemented by many European and other jurisdictions worldwide. While ICAO cannot enforce compliance with its SARPs, if members choose not to implement them, the members are required to publicly notify the international civil aviation community that they do not do so, in accordance with the Convention on International Civil Aviation as signed at Chicago in 1944 and amended from time to time.

Canadian-registered turbine-powered aeroplanes with a MCTOW greater than 15 000 kg (33 069 lb.) when operating on cross-border flights into U.S. airspace are required by the FAA to have TCAS II installations with at least software version 6.04a as are U.S.-registered aeroplanes. Canadian-registered turbine-powered aeroplanes with a passenger seating configuration of between 10 and 30 seats, when operating on cross-border flights into U.S. airspace, are required to have TCAS I. The requirements of this proposed amendment to the CARs are compatible with those mandated by the United States. Similarly, Canadian-registered aeroplanes, which meet the ICAO criteria for installation of ACAS, when used for transcontinental flights into European airspace are required to have the more advanced technology (that is, TCAS II with software version 7.0) installed.

Although non-quantifiable, the aggregation of safety benefits and the impact on Canadian international competitiveness from the proposed ACAS requirements is expected to be substantial.

There will be installation, maintenance and operating costs as well as some costs for training pilots who have not previously flown aircraft equipped with ACAS systems. Estimated costs for the proposed amendments requiring ACAS on Canadian-registered aeroplanes have been developed using unit costs, converted to Canadian dollars, from the U.S. Notice of Proposed Rulemaking (NPRM), (see footnote 8) quoted previously in this Regulatory Impact Analysis Statement (RIAS).

Based on the above assumptions and discounted using an annual rate of 10% (see footnote 9) the total estimated Canadian current dollar cost will be approximately $39 million. (see footnote 10) This total is comprised of approximately $28 million in one-time installation costs with the remaining $11 million in training, operational, maintenance and fuel costs to be incurred over the 15-year service life of the equipment. This estimate encompasses only those aeroplanes that will require an ACAS because of the Canadian proposal. That is, it includes only aeroplanes with a MCTOW greater than 5 700 kg (12 566 lb.) which are not excluded from the proposed ACAS requirements because of their operational use and which will require at least TCAS I. The remaining aeroplanes that will require ACAS have been determined to require it for cross-border or international operations irrespective of Canadian legislation. Therefore, their cost cannot be attributed to the proposed Canadian requirements. The following table presents a breakdown of this cost estimate.

The upgrade of TCAS II with software version 7.0 will be required for those aeroplanes being operated internationally or in RVSM airspace. In both cases, the cost of the software upgrade is expected to be relatively minor.

While the safety benefits to be expected from this proposed amendment are in themselves considerable, there are also implicit benefits that will be gained from ensuring that collision avoidance protection in Canadian airspace is perceived to be par with that in the United States and other foreign jurisdictions into which we operate and whose aircraft enter our airspace. The reputation and competitiveness of Canada as a trader in international markets will be supported by maintaining our reputation for aviation safety among our civil aviation peers. The potential gains from this proposal are expected to outweigh the estimated costs.

At the meeting of the CASO Technical Committee held in June 2000, the Chair of the Working Group on Additional Operational Requirements presented a Notice of Proposed Amendment (NPA) to require ACAS on Canadian aeroplanes, for consideration by the members of the Technical Committee. This proposal would have required turbine-powered aeroplanes with a MCTOW of more than 15 000 kg (33 069 lb.) or with a type certificate authorizing the transport of more than 30 passengers to be equipped with an ACAS with performance equivalent to TCAS II software version 7.0 or higher by January 1, 2003. By January 1, 2005, turbine-powered aeroplanes meeting the same weight criteria but with a type certificate authorizing the transport of more than 19 passengers would have been required to have ACAS with performance equivalent to TCAS II software version 7.0 or higher installed. Objections were presented by the Air Transport Association of Canada (ATAC), the Air Line Pilots Association (ALPA) and the Canadian Union of Public Employees (CUPE).

ATAC objected to the proposal to require version 7.0 rather than the earlier 6.04a version of the software; requested the exclusion of cargo-only operations from the provisions of the proposal; requested modifications to allow relief for operations conducted principally in northern Canada; and proposed that a greater requirement for the use of Mode C transponders be introduced to maximize the safety-enhancement of the requirement for ACAS. ATAC's objections were based on the competitive impact on Canadian industry of requiring more advanced technology than that required in the United States and on the financial hardship which would be experienced by operators of older aeroplanes such as those used in cargo-only and northern operations if required to equip their aeroplanes with these installations.

ALPA, on the other hand, while supporting the proposed introduction of ACAS requirements into CARs, objected to the exclusion of smaller aeroplanes. They opposed ATAC's position requesting the exclusion of cargo-only operations from the original proposal as presented at the Technical Committee meeting. Their objections centered on the safety implications of such exclusions.

CUPE's dissent focused on countering ATAC's proposal to exclude cargo-only operations and exclude or delay the requirement for older aeroplanes to be equipped with ACAS. They stated that Canada was already substantially behind the United States with requirements for this equipment and that further delay could not be justified.

Subject to the above objections, the Technical Committee forwarded the proposed regulations to the General Operating and Flight Rules (GO&FR;) Technical Committee for their consideration.

The same version as agreed to by the CASO Technical Committee was considered and agreed to by the GO&FR; Technical Committee at the GO&FR; meeting, which was also in June 2000, subject to the same dissents as were presented by the same parties at CASO.

The proposed amendments along with the related dissents, as outlined above, were presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, at the meeting in October and December 2000. The dissents set forth by ALPA, ATAC and CUPE were considered. After further consideration by Departmental officials, the NPA originally presented was withdrawn and replaced by a series of NPAs each of which addresses a different Subpart of Part VII of the CARs. The proposal presented in this RIAS is based on that series of NPAs. Because of the different characteristics of the aircraft and of the operating environment toward which each Subpart is targeted, it is more appropriate to tailor the ACAS requirements to the necessities of each Subpart.

These replacement NPAs were presented at the February 2003 meeting of the CASO Technical Committee. Actively participating members of the CASO Technical Committee include the Advisory Committee on Accessible Transportation, Aerospace Industries Association of Canada, Air B.C., Air Canada, Air Canada Pilots Association, Air Line Pilots Association — Canada, Air Transport Association of Canada, Association québécoise des transporteurs aériens inc., Canadian Air Line Dispatchers' Association, Canadian Auto Workers, Canadian Business Aircraft Association, Canadian Labour Congress, Canadian Union of Public Employees, Helicopter Association of Canada, Parks Canada, and Teamsters Canada. After discussion among the members and the Departmental representatives at the meeting the proposal was accepted as revised subject to a dissent from the Air Transport Association of Canada.

The NPAs as revised following the February 2003 CASO meeting were presented for the members' information at the CASO meeting of June 2003. ATAC maintained their dissenting position.

In their letter of dissent dated May 6, 2003, ATAC stated that an extended requirement for transponders with Mode C capability particularly at airports with a high-density mix of smaller general aviation aircraft and larger, faster commercial passenger-carrying traffic was necessary to realize the full safety benefits from the proposed ACAS requirements. They requested provisions be made to allow relief for operations in northern Canada where there are fewer smaller aircraft with Mode C equipment than in the more heavily populated southern areas and where radar coverage is limited. As well, aircraft operating in northern Canada and cargo aircraft are generally older and their operators would suffer disproportionate financial hardship if expected to install ACAS. ATAC also stated that the extension of any ACAS requirement to Subpart 702 Aerial Work or Subpart 703 Air Taxi Operations could not be supported. Even the requirement in Subpart 705 for piston-powered airline category aircraft to install TCAS I would be expected to drive those aircraft out of service. They also stated that even with alleviation from the original proposal for Subpart 704 Commuter Operations the new proposal was beyond the ability of operators at that level of the industry to support financially.

The revised proposal along with ATAC's dissent was presented at the CARC meetings in October 2003 and January 2004. The members of CARC partially accepted the ATAC dissent and revised the provisions pertaining to ACAS requirements for Subpart 702 operations accordingly. The provisions for Subpart 702 operations will specify that the proposed ACAS requirements will apply only to land turbine-powered aeroplanes with a MCTOW greater than 15 000 kg (33 069 lb.). The remaining issues raised in the dissent were not accepted on the grounds that the criteria for ACAS/TCAS equipment are intended to balance the safety benefits of a suitable collision avoidance system with the cost of installation to the aeroplane size and operation. The CARC members accepted the proposal subject to the revision to Subpart 702 which is reflected in proposed section 702.46 ACAS discussed in this RIAS.

The proposed amendments to the Canadian Aviation Regulations will be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Chief, Regulatory Affairs, AARBH, Transport Canada, Safety and Security, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8, 613-993-7284 (telephone) or 1-800-305-2059, 613-990-1198 (fax), www.tc.gc.ca.

Notice is hereby given that the Governor in Council, pursuant to section 4.9 (see footnote a) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and VII).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Transport Canada, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8 (General inquiries — tel.: 613-993-7284 or 1-800-305-2059; fax: 613-990-1198; Internet address: http://www.tc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

1. Subsection 101.01(1) of the Canadian Aviation Regulations (see footnote 11) is amended by adding the following in alphabetical order:

"ACAS" or "Airborne Collision Avoidance System" means an aircraft system based on transponder signals that operates independently of ground-based equipment and that is intended to provide aural and visual alerts to a flight crew on the risk of collision with an approaching aircraft equipped with a transponder; (ACAS ou système anticollision embarqué)

"Mode S transponder" means the airborne Mode S air traffic control (ATC) transponder referred to in TSO-C112; (transpondeur mode S)

"RVSM airspace" or "Reduced Vertical Separation Minimum airspace" means airspace where a vertical separation minimum of 1,000 feet applies, whose horizontal and vertical limits are

(a) in respect of Canadian airspace, specified in the Designated Airspace Handbook, and

(b) in respect of foreign airspace, designated or otherwise recognized by the competent aviation authority of the foreign country; (espace aérien RVSM ou espace aérien à espacement minimum vertical réduit)

"TSO-C112" means the Technical Standard Order entitled Air Traffic Control Radar Beacon System/Mode Select (ATCRBS/ MODE S) Airborne Equipment published by the Federal Aviation Administration (United States) on February 5, 1986; (TSO-C112)

"TSO-C118" means the Technical Standard Order entitled Traffic Alert and Collision Avoidance System (TCAS) Airborne Equipment, TCAS I published by the Federal Aviation Administration (United States) on August 5, 1988; (TSO-C118)

"TSO-C119a" means the Technical Standard Order entitled Traffic Alert and Collision Avoidance System (TCAS) Airborne Equipment, TCAS II published by the Federal Aviation Administration (United States) on April 9, 1990; (TSO-C119a)

"TSO-C119b" means the Technical Standard Order entitled Traffic Alert and Collision Avoidance System (TCAS) Airborne Equipment, TCAS II published by the Federal Aviation Administration (United States) on December 18, 1998. (TSO-C119b)

2. Subpart 2 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Section 702.45":

3. Subpart 3 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Section 703.69":

4. Subpart 4 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Section 704.68":

5. Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Subsection 705.80(5)":

6. The reference "[702.46 to 702.53 reserved]" after section 702.45 of the Regulations is replaced by the following:

702.46 (1) Subject to subsection (3), no air operator shall operate a turbine-powered land aeroplane that has an MCTOW greater than 15 000 kg (33,069 pounds) in RVSM airspace unless it is equipped with an operative ACAS that

(a) meets the requirements of TSO-C119b or a later version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that TSO provides; and

(b) is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(2) Subject to subsection (3), no air operator shall operate a turbine-powered land aeroplane that has an MCTOW greater than 15 000 kg (33,069 pounds) in airspace outside RVSM airspace unless it is equipped with an operative ACAS that

(a) meets the requirements of TSO-C119a or a later version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that TSO provides; and

(b) is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(3) The air operator may operate the aeroplane without it being equipped with an operative ACAS if

(a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; or

(b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the ACAS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

(4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.

7. The reference "[703.70 to 703.81 reserved]" after section 703.69 of the Regulations is replaced by the following:

703.70 (1) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that

(b) is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(2) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that

(a) meets the requirements of TSO-C118 or a later version of it or other requirements that the Minister has accepted as providing a level of safety at least equivalent to the level that that TSO provides; or

(b) meets the requirements of TSO-C119a or a later version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that TSO provides and is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(3) The air operator may operate the aeroplane without it being equipped with an operative ACAS if

(a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; or

(4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.

8. The reference "[704.71 to 704.82 reserved]" after section 704.70 of the Regulations is replaced by the following:

704.71 (1) Subject to subsection (4), no air operator shall operate, in airspace outside RVSM airspace, a turbine-powered aeroplane that has an MCTOW greater than 5 700 kg (12,566 pounds) but less than or equal to 15 000 kg (33,069 pounds) or an aeroplane that is not a turbine-powered aeroplane that has an MCTOW greater than 5 700 kg (12,566 pounds), unless the aeroplane is equipped with an operative ACAS that

(2) Subject to subsection (4), no air operator shall operate a turbine-powered aeroplane that has an MCTOW greater than 15 000 kg (33,069 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that

(b) is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(3) Subject to subsection (4), no air operator shall operate an aeroplane referred to in subsection (1) or (2) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that

(b) is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(4) The air operator may operate the aeroplane without it being equipped with an operative ACAS if

(a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; or

(5) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.

9. The reference "[705.83 to 705.88 reserved]" after section 705.82 of the Regulations is replaced by the following:

705.83 (1) Subject to subsection (4), no air operator shall operate a turbine-powered aeroplane in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that

(b) is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(2) Subject to subsection (4), no air operator shall operate an aeroplane that is not a turbine-powered aeroplane in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that

(3) Subject to subsection (4), no air operator shall operate an aeroplane referred to in subsection (1) or (2) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that

(b) is equipped with a Mode S transponder that meets the requirements of TSO-C112 or a later version of it.

(4) The air operator may operate the aeroplane without it being equipped with an operative ACAS if

(a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; or

(5) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.

10. These Regulations come into force on the day on which they are registered.

United States of America, Department of Transportation, Federal Aviation Administration, "14 CFR Parts 121, 125, and 129 Collision Avoidance Systems; Proposed Rule," Federal Register, Vol. 66, No. 212, Thursday, November 1, 2001, p. 55507.

A Technical Standard Order (TSO) is a minimum performance standard issued by the U.S. Federal Aviation Administration (FAA) for specified materials, parts, processes and appliances used on civil aircraft.

Canadian Domestic Airspace is divided into seven classes, each identified by a single letter. Flight within each class is governed by specific rules applicable to that class.

United States of America, Department of Transportation, Federal Aviation Administration, "14 CFR Parts 121, 125, and 129 Collision Avoidance Systems; Final Rule," Federal Register, Vol. 68, No. 62, Tuesday, April 1, 2003.

Michael Callaham, Roland Lejeune and Andrew Zeitlin, Assessment of Midair Collision Risk and Safety Benefits of TCAS II for Cargo Aircraft (McLean, Virginia: Mitre, Center for Advanced Aviation System Development, June 1999), pp. 48, 49 and 52.

Benefit/Cost Guide for Regulatory Programs, Treasury Board Secretariat, Ottawa, Canada, 1995.

The U.S. unit cost data has been converted to Canadian dollars at the Bank of Canada's average U.S. to Canadian exchange rate for 2004.