Exemption from paragraph 323.08(1)(a) of the Aircraft Fire Fighting at Airport and Aerodromes Standards made pursuant to section 303.08 of the Canadian Aviation Regulations

NCR-035-2018

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 all Canadian airport operators from the requirements set out in paragraph 323.08(1)(a) of Standard 323 – Aircraft Fire Fighting at Airports and Aerodromes made pursuant to section 303.08 of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 323.08(1)(a) of Standard 323 – Aircraft Fire Fighting at Airports and Aerodromes stipulates that, the principal extinguishing agent shall be a foam suitable for the type of equipment to be used and the foams provided as principal extinguishing agents, on the date acquired, shall meet the latest relevant performance specifications of CAN/ULC-S560 or of CAN/ULC-S563.

Purpose

The purpose of this exemption is to allow all Canadian airport operators to use the performance specifications set out in provision 9.2.9 b) or c) of the International Civil Aviation Organization (ICAO) International Standards and Recommended Practices, Annex 14 – Aerodromes, Volume 1 – Aerodromes Design and Operations instead of using the performance specifications set out in paragraph 323.08(1)(a) of Standard 323 – Aircraft Fire Fighting at Airports and Aerodromes, namely CAN/ULC-S560 or of the CAN/ULC-S563, while a new CAN/ULC-S563 is developed.

This exemption would allow Canadian airport operators to elect to transition to a fluorine-free foam which is more environmentally friendly and which is currently available on the market and used in other countries.

All Canadian airport operators exercising the privileges of this exemption will be required to meet the revised Underwriters Laboratories of Canada CAN/ULC-S563 once published.

Application

This exemption applies to all Canadian airport operators.

This exemption ceases to apply to the Canadian airport operator who breaches a condition of this exemption.

Conditions

This exemption is subject to the following conditions:

1. The Canadian airport operator who elects to transition to a fluorine-free foam shall maintain its response readiness, as required by section 303.17 of the CARs, throughout the transition period.
2. The Canadian airport operator considering a transition to a fluorine free-foam shall consult and confirm the feasibility of the transition with foam system designers/manufacturers and foam manufacturers prior to taking a decision to transition. The Canadian airport operator shall provide to the Minister upon request third party documentation which would demonstrate that this condition is met.
3. The Canadian airport operator considering a transition to a fluorine free-foam shall ensure chemical compatibility with the complementary extinguishing agent. The Canadian airport operator shall provide to the Minister upon request third party documentation which would demonstrate that this condition is met.
4. The Canadian airport operator shall select a fluorine-free foam with a low environmental impact (i.e. persistency, toxicity and bioaccumulative) that does not contain any fluorinated compounds such as fluorine, per-and polyfluoroalkyl substances (PFAS) or other groups of fluorinated substances such as fluorosurfactants, fluoropolymers or organofluorines and that meets 9.2.9 b) or c) of Volume I – Aerodrome Design and Operations of Annex 14 – Aerodromes of the Standards and Recommended Practices of the International Civil Aviation Organization, as reproduced in Appendix A. The Canadian airport operator shall provide to the Minister upon request third party documentation which would demonstrate that this condition is met.
5. The Canadian airport operator shall select a fluorine-free foam that, at a minimum, meets the environmental impact set out in section 5.5 of CAN/ULC-S563-06 or CAN/ULC-S560-06, as reproduced in Appendix B. The Canadian airport operator shall provide to the Minister upon request third party documentation which would demonstrate that this condition is met.
6. The Canadian airport operator who elects to transition to a fluorine-free foam shall ensure that the certification of the qualification of the selected foam is obtained from a recognized, independent and accredited third-party testing authority. The Canadian airport operator shall provide to the Minister upon request third party documentation which would demonstrate that this condition is met.
7. The Canadian airport operator who has transitioned to either an ICAO level B or level C performance foam shall ensure that the amounts of water for foam production, the complementary extinguishing agents, the number aircraft fire fighting vehicles and the total discharge capacity are those set out in section 303.09 of the CARs as per the applicable airport critical category. (Section 303.09 is reproduced in Appendix C)
8. The Canadian airport operator who has chosen to transition to a fluorine-free foam shall notify the Minister of the start date and the completion date of the transition.

Validity

This exemption is in effect until the earliest of the following:

• a) June 28, 2024 at 23:59 EDT;
• b) the date on which any condition set out in this exemption is breached; or
• c) the date on which the exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.

Dated at Ottawa, Ontario, this 21st day of June, 2019, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General, Civil Aviation

Appendix A

International Civil Aviation Organization (ICAO)

Standards and recommended practices (SARPS)

Chapter 9

Aerodrome operational services, equipment and installations

9.2 Rescue and firefighting

• 9.2.9. Recommendation. – The principal extinguishing agent should be:
  • a) a foam meeting the minimum performance level A; or
  • b) a foam meeting the minimum performance level B; or
  • c) a foam meeting the minimum performance level C. or
  • d) a combination of these agents;

except that the principal extinguishing agent for aerodromes in categories 1 to 3 should preferably meet a performance level B or C foam.

• Note. – Information on the required physical properties and fire extinguishing performance criteria needed for a foam to achieve an acceptable performance level A, B or C rating is given in the Airport Services Manual (Doc 9137), Part 1.

Appendix B

Standard CAN/ULC-S563-06
and Standard CAN/ULC-S560-06

• 5.5 Environmental impact
• 5.5.1 Toxicity
• 5.5.1.1 The toxicity test is to be performed on the Killiefish (Fundulus heteroclitus) in accordance with ASTM E 729, Standard Guide for Conducting Acute Toxicity Tests on Test Materials with Fishes, Macroinvertebrates, and Amphibians, using static procedures. The minimum acceptable dissolved oxygen content of water used in this procedure shall be 5 mg/L.
• 5.5.2 Chemical Oxygen Demand (COD)
• 5.5.2.1 The COD test is to be determined in accordance with procedures in the American Public Health Association's Standard Methods for the Exam of Water and Wastewater.
• 5.5.3 Biodegradability
• 5.5.3.1 Biodegradability is to be determined by dividing the value expressed in mg/L for biochemical oxygen demand (BOD20) by the value expressed in mg/L for COD determined in Subsection 5.5.2. BOD shall be determined in accordance with the procedure specified in Standard Methods for the Exam of Water and Wastewater, with the exception that the incubation period shall be for 20 d instead of 5 d.

Appendix C

Canadian Aviation Regulations

Extinguishing Agent and Aircraft Fire fighting Vehicle Requirements

303.09 Subject to sections 303.10 and 303.11, the operator of a designated airport or of a participating airport or aerodrome the critical category for fire fighting of which is set out in column I of an item of the table to this section shall provide to the aircraft fire fighting service at the airport or aerodrome the quantities of water and complementary extinguishing agents set out in columns II and III of the item, and the minimum number of aircraft fire fighting vehicles set out in column IV of that item necessary to provide the total discharge capacity set out in column V of that item.

Table

Date modified:

2019-07-03