Vol. 143, No. 14 — April 4, 2009

Regulations Amending the Canadian Aviation Regulations (Parts I and VI)

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue

The population increase in large flocking birds, coupled with the anticipated growth of the fleet of aircraft that could depart at high speed, will result in an increased risk to aviation safety. The likelihood and severity of damage to aircraft and injury to crew and passengers resulting from bird strikes are directly related to the speed at which an aircraft travels at the moment of impact. For example, a 20% increase in indicated airspeed, from 250 knots to 300 knots, would result in a 44% increase of impact force on the aircraft’s airframe. Because of energy management issues, consequences resulting from bird-strike damage are the most severe during the departure phase of flight.

Currently, the Canadian Aviation Regulations allow aircraft to depart at indicated airspeeds greater than 250 knots below 10,000 feet ASL and, if authorized to do so in an air traffic control clearance, at indicated airspeeds greater than 200 knots below 3,000 feet AGL, when within 10 nautical miles of a controlled aerodrome.

Objectives

Government intervention will increase aviation safety by limiting the likelihood of bird strikes and the risk of severe aircraft damage caused by a bird strike.

Description

This proposed amendment to section 602.32 Airspeed Limitations of the Canadian Aviation Regulations would remove the possibility of operating an aircraft on departure at an indicated airspeed greater than 250 knots below 10,000 feet ASL everywhere but below 3,000 feet AGL within 10 nautical miles of controlled aerodromes, where air traffic controllers can advise flight crews of bird activity.

Regulatory and non-regulatory options considered

Based on past experience, information and education offered by Transport Canada did not eliminate the practice of high-speed departures. As a result, Transport Canada concluded that a more effective way to ensure that aircraft are not departing at speeds higher than the safety limit is to introduce a regulatory amendment and enforce the proposed speed limit.

Benefits and costs

Using available data, an average per-strike damage cost was estimated to be US$71,413. By extrapolation, a highly conservative average damage-cost projection of strikes between 3,000 and 10,000 feet is US$2.05 million annually in North America; the same average cost in Canada is an equally conservative CDN$434,000.

Damage from bird strikes would lead, at best, to flight delays and, at worst, to flight cancellations. Industry information indicates that a single delay or cancellation leads to four secondary delays or cancellations. Based on estimated costs for flight delays and cancellations, the study determined North American indirect bird-strike damage costs to be as high as CDN$24.7 million per year — of which approximately CDN$2.7 million pertains to Canada.

This proposed amendment, however, would not incur any costs to stakeholders, and would not have any impacts on administrative burden or domestic/international trade.

This proposed amendment would provide the following benefits:

• limit the likelihood of bird strikes resulting in severe aircraft damage;
• reduce the likelihood of flight delays and cancellations;
• reduce the likelihood of legal fee expenses and damage settlements resulting from flight delays and cancellations;
• reduce aircraft downtime caused by bird strike related maintenance;
• reduce the risk of mid-air collisions under 10,000 feet ASL in airspace where uncontrolled traffic may find themselves in the path of the high-speed departure aircraft; and
• harmonize the Canadian regulations with American regulations under the FAA and with ICAO standards, both of which limit departure airspeed for maximums of 200 knots and 250 knots as detailed above.

Rationale

Pilots can refuse practices that are not based on regulations. There have been different efforts at information and education that did not result in the expected departure speed change. As the potential benefits of this proposed amendment greatly surpass the costs and consequences of severe damage to aircraft caused by high-speed bird strikes, the Government has decided to go ahead with a regulatory approach.

Consultation

The members of the General Operating and Flight Rules Technical Committee of the Canadian Aviation Regulation Advisory Council, which includes representatives of government, aeronautical associations (e.g. Air Transport Association of Canada, Air Line Pilots Association – Canada, and Aerospace Industries Association of Canada), unions (e.g. Teamsters Canada), operators and airlines (e.g. Air Canada) were consulted and recommended this proposed amendment during meetings held on February 26, 2002.

Implementation, enforcement and service standards

These new requirements will be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, which will be set later on, through suspension of, cancellation of or refusal to renew a Canadian aviation document under section 103.07 of the CARs or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Contact

Acting Chief
Regulatory Affairs, AARBH
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-1184 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 4.9 (see footnote a) and subsection 7.6(1) (see footnote b) of the Aeronautics Act (see footnote c), proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and VI).

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, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (general inquiries — tel.: 613-993-7284 or 1-800-305-2059; fax: 613-990-1198; Internet address: http://www.tc.gc.ca).

Ottawa, March 26, 2009

MARY PICHETTE
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN
AVIATION REGULATIONS (PARTS I AND VI)

AMENDMENTS

1. The references “Subsection 602.32(1)” and “Subsection 602.32(2)” set out in column I of Subpart 2 of Part VI of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations (see footnote 1) and the amounts set out in column II for those references are replaced by the following:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Paragraph 602.32(1)(a)	3,000	15,000
Paragraph 602.32(1)(b)	3,000	15,000

2. Section 602.32 of the Regulations is replaced by the following:

602.32 (1) Subject to subsection (2), no person shall

(a) operate an aircraft at an indicated airspeed of more than 250 knots if the aircraft is below 10,000 feet ASL; or

(b) operate an aircraft at an indicated airspeed of more than 200 knots if the aircraft is below 3,000 feet AGL within 10 nautical miles of a controlled aerodrome unless authorized to do so in an air traffic control clearance.

(2) A person may operate an aircraft at an indicated airspeed greater than the airspeeds referred to in subsection (1) if the aircraft is being operated in accordance with a special flight operations certificate — special aviation event issued pursuant to section 603.02.

(3) If the minimum safe airspeed for the flight configuration of an aircraft is greater than the airspeed referred to in subsection (1), the aircraft shall be operated at the minimum safe airspeed.

COMING INTO FORCE

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

[14-1-o]

Footnote a
S.C. 1992, c. 4, s. 7

Footnote b
S.C. 2004, c. 15, s. 18

Footnote c
R.S., c. A-2

Footnote 1
SOR/96-433

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