5/20/10                              FY10 THIRD QUARTER EDITORIAL UPDATES                             8900.1 CHG 78

Volume 2 Air Operator AND AIR AGENCY Certification and ApplicATION PROCESS

chapter 11  CERTIFICATION OF A tITLE 14 CFR PART 145 REPAIR STATION

Section 1  Introduction

2-1181       PURPOSE. This chapter defines relevant terms for Title 14 of the Code of Federal Regulations (14 CFR) part 145 repair stations. It also explains the policies and procedures applicable to a repair station, regardless of its geographic location.

2-1182       GENERAL.

A.     Definitions.

1)      Air Agency Certificate. Federal Aviation Administration (FAA) Form 8000‑4, Air Agency Certificate, is the authority granted by the FAA for a repair station to conduct business. The certificate states the following information:

·        Repair station number;

·        What the repair station’s ratings are to include;

·        Class ratings;

·        Limited ratings;

·        Limited specialized service ratings;

·        The location and name of the repair station; and

·        The expiration date, as applicable.

2)      Accountable Manager. The certificated repair station designates the accountable manager as responsible for, and having authority over all repair station operations conducted under part 145. This person’s duties include ensuring that repair station personnel follow the regulations and serving as the primary contact with the FAA.

Note:       The FAA’s definition of an accountable manager may differ from the European Aviation Safety Agency’s (EASA) definition of an accountable manager; however, one person may serve both positions. The FAA has revised the operations specifications (OpSpecs) and Vital Information Subsystem (VIS) to include both.

3)      Article. An article is an aircraft, airframe, aircraft engine, propeller, appliance, or component part.
4)      Capability List. A capability list (CL) is a list of articles on which the repair station is rated to perform maintenance, preventative maintenance, or alterations.
5)      Certificated Repair Station. A certificated repair station is a repair station that has a fixed main base location, has met the certification requirements of 14 CFR part 145, and is engaged in the maintenance, preventive maintenance, inspection, and alteration of aircraft and aircraft products as defined in 14 CFR part 43. In addition, a repair station may have:

·        Additional fixed locations located close to and within the same geographic area as the main base,

·        Satellite facilities, and

·        Line maintenance authorization.

6)      Class Ratings. Class ratings are issued if the repair station can prove its capability to maintain a representative number of products under this rating. After issuance of a class rating, it should not have restrictions to a specific product added. For such a case, issue a limited rating.
7)      Contracting. Contracting means entering into an agreement between two or more persons for the performance of maintenance functions on an article.
8)      Correction. A correction is an action to eliminate a detected nonconformity as it relates to the articles or the maintenance processes.
9)      Corrective Action. Corrective action is an action to eliminate the cause of a detected nonconformity or other undesirable condition to prevent its recurrence.
10)  Correspondence Acceptable to the FAA—Documents, Manual or a Revision Submitted to the FAA for Acceptance. The air agency may immediately initiate and use the submitted correspondence contents without formal FAA acceptance. The FAA considers a document, manual or revision acceptable. There is no requirement for the FAA to acknowledge receipt of or initiate a formal letter of acceptance upon review of the submitted correspondence. Submission of this document may be as a written or electronic document.
11)  Directly in Charge. The person directly in charge is responsible for the work of a certificated repair station that performs maintenance, preventive maintenance, alterations, or other functions affecting aircraft airworthiness.
a)      A person directly in charge does not need to physically observe and direct each worker constantly, but must be available for consultation on matters requiring instruction or decision from a higher authority.
b)      A person designated as “directly in charge” of maintenance, preventive maintenance, or alterations must hold an appropriate airman certificate.

Note:   This provision is not required for repair stations certificated outside the United States.

c)      The repair station is responsible for providing adequate personnel who can perform, supervise, and inspect the work for which the station is rated. Additionally, each repair station determines the abilities of its supervisors and ensures that there are enough supervisory personnel for all phases of its activities.
12)  Domestic Repair Station. A domestic repair station is an automated OpSpecs term used to describe an FAA‑certificated facility within the United States that performs maintenance, preventive maintenance, or alterations on articles.
13)  Foreign Repair Station. A foreign repair station is an automated OpSpecs term that describes an FAA‑certificated facility located outside of the United States that performs maintenance, preventive maintenance, or alterations on articles.

Note:   The part 145 rule has removed the “foreign” and “domestic” terms; however, these terms are still valid when revising OpSpecs due to the current repair station certificate numbering system.

14)  Geographic Authorization. A certificated repair station outside the United States is issued geographic authorization to maintain U.S.‑registered aircraft where an appropriately rated repair station is not available. This provision is limited to repair stations located solely outside the United States that hold an airframe rating for an aircraft of the same make and model for which the repair station is rated.
15)  Limited Ratings. Repair stations are issued limited ratings for the performance of maintenance on particular makes and models of airframes, powerplants, propellers, radios, instruments, accessories, and/or parts.
16)  Limited Specialized Service Ratings. Limited specialized service ratings are issued for a special maintenance function when the function is performed in accordance with a specification or data acceptable to the FAA. The OpSpecs must include the specifications or data used by the repair station to perform that service in accordance with part 145, § 145.61(c). Hydrostatic testing of pressure cylinders falls under Title 49 of the Code of Federal Regulations (49 CFR) part 180. This testing does not receive ratings. Direct questions regarding hydrostatic testing of pressure cylinders to the Department of Transportation Pipeline and Hazardous Materials Safety Administration (http://www.phmsa.dot.gov).

Note:   The repair station may request a limited rating for specialized services utilizing a civil or military specification currently used by industry. The principal inspector (PI) should carefully consider if this specification covers all areas required for the repair prior to approval. Will this repair, when completed, allow approval for return to service for the article? In some cases, the PI may need assistance from the Aircraft Certification Office to determine if the specification is adequate for the rating requested. The PI is responsible for ensuring that the applicant can accomplish the work outlined in the specification. If the specification does not meet the requirements of 14 CFR part 43, § 43.13, then the PI should inform the applicant that the specification may be used as part of a process the applicant can develop under the provisions of § 145.61(c)(2). The PI must evaluate if the process is appropriate for the article. The PI should note the need for additional limitations, if any, in the limitation section of the OpSpecs. Many civil and military specifications currently used by industry are generic. The PI should verify the repair station has provisions in its manual for evaluation of the article to determine if anything would prohibit the specification utilization.

17)  Line Maintenance. Line maintenance is unscheduled maintenance resulting from unforeseen events, or scheduled checks that contain servicing and/or inspections that do not require specialized training, equipment, or facilities. Line maintenance is not a rating but an authorization to provide a service to an air carrier certificated under part 121 or part 135, or a foreign air carrier or foreign person operating a U.S.-registered aircraft in common carriage under part 129 on any aircraft of that air carrier or person.
a)      A repair station certificated to provide maintenance on the complete aircraft or engine under a class or limited rating will have the line maintenance authorization listed on OpSpec D107, if located at a site other than the main base. For a repair station authorized to have multiple locations across geographic boundaries, the PI must develop a surveillance program that encompasses all facilities of the repair station regardless of location.
b)      If the repair station has line maintenance authorization, then the repair station main base must have certification on the complete airframe or engine. OpSpec A003 would list the Manufacturer (e.g., Boeing), Make/Model (e.g., B737), or engine, and under the additional limitations, the statement, “Line maintenance is authorized at the main base and any location listed on OpSpec D107.” Unless the repair station has aircraft limited to line maintenance only listed, OpSpec D107 does not require listing of the main base location.
c)      A repair station with a line maintenance authorization cannot provide work away from station from the line maintenance location(s). The FAA gives line maintenance authorization to the repair station to provide line maintenance for a specific air carrier, at a specific location, for a specific job. It is not a blanket approval. By granting this approval, the FAA certifies that the repair station is capable of performing that specific maintenance. This is an authorization granted to the repair station; therefore, all regulations governing the repair station will apply except for housing. Section 145.205(d) provides relief for housing.

Note:   A U.S. domestic repair station issued an OpSpec D107, and holding an EASA approval may perform line maintenance in accordance with its EASA Repair Station Manual (RSM) supplement.

18)  Maintenance Function. A maintenance function is a step or series of steps in the process of performing maintenance, preventive maintenance, or alterations, which may result in approving an article for return to service. Only persons authorized under §§ 145.157(a) and 145.213(d) may approve an article for return to service, perform a final inspection, or sign a maintenance release.
19)  OpSpecs. The FAA issues OpSpecs to indicate the authorizations and limitations to ratings as specified on the Air Agency Certificate.
20)  Quality Control Manual (QCM). The QCM describes the inspection and quality control system and procedures used by the repair station.
21)  Repair Station Manual (RSM). The RSM describes the procedures and policies of a repair station’s operations.
22)  Satellite Repair Station. A satellite repair station is an additional certificated facility or location under the managerial control of another certificated repair station.
a)      The main base must have procedures in the RSM that covers the management structure, facility layout of the satellite, and a procedure on how the repair station will assure the satellite is following the main base quality system.
b)      If a satellite is a stand-alone facility meeting the requirements of part 145, and the certificating office holds the certificate, the satellite may use the RSM and quality system of the main base repair station. If the satellite elects to use the main base RSM and quality system, then the satellite manual and quality system must define any differences between the two locations. The certifying PI for the satellite repair station must review the differences of the satellite to assure the satellite repair station meets the requirement of the regulation. The PI must also develop a surveillance program that encompasses all facilities of the repair station.
23)  Supervisor. Supervisors must oversee the work performed by any individuals who are unfamiliar with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations. Each supervisor must, if employed by a repair station located inside the United States, hold a certificate issued under part 65.
a)      The preamble to part 145 (see § 145.153) indicates a difference between a “supervisor” and a “person directly in charge.” A supervisor physically observes and directs a worker when needed. A person directly in charge does not need to physically observe and direct each worker constantly but must be available for consultation on matters requiring instruction or a decision from a higher authority.

Note:   This does not preclude the repair station from assigning one supervisor to multiple shops or areas provided the supervisor is properly certificated and qualified. The supervisor’s workload should allow adequate time to oversee the work.

b)      Part 145 does not dictate the ratio of supervisors to individuals under supervision. The repair station establishes this ratio. However, § 145.153 states in part that a certificated repair station must ensure it has a sufficient number of supervisors to direct the work performed under the repair station’s certificate and OpSpecs.
c)      Part 43 identifies persons authorized to perform maintenance, preventative maintenance, rebuilding, and alterations. Section 43.3(d) states in part that a person working under the supervision of a mechanic or repairman certificate holder may perform the maintenance, preventive maintenance, and alterations that the supervisor is authorized to perform, if:

·        The supervisor personally observes the work being done to the extent necessary to ensure that it is being done properly, and

·        The supervisor is readily available, in person, for consultation.

Note:   The definition of “in person” is “in one’s bodily presence.” An example of this is “applicants are requested to apply in person.”

B.     CL. A certificated repair station with a limited rating may perform maintenance, preventive maintenance, or alterations on an article if listed on a current CL acceptable to the FAA or on the repair station’s OpSpecs.

1)      If the repair station chooses to use a CL, the RSM must:

·        Contain procedures for revising the list and notifying the certificate-holding district office (CHDO),

·        Include how often the CHDO will be notified of revision,

·        Contain procedures for the self‑evaluation required under § 145.215(c) for revising the CL,

·        Describe the methods and frequency of such evaluations, and

·        Contain procedures for reporting the results to the appropriate manager for review and action.

2)      The CL itself may be a separate document or part of the RSM; however, the manual must contain the procedures for revising the list and for performing the self‑evaluation.
3)      If the repair station elects to maintain a separate CL, it must perform a self‑evaluation before adding an article to the CL. The individual(s) performing the self‑evaluation should be familiar with the repair station processes and be able to perform an audit to determine compliance with part 145. The self‑evaluation procedures in the RSM should ensure that the repair station has:

·        The appropriate limited rating;

·        Adequate housing and facilities;

·        The recommended tools, equipment, and materials;

·        Current technical data; and

·        Sufficient qualified personnel.

4)      The repair station must report the results of the self‑evaluation to the appropriate repair station manager for review. If the self‑evaluation was satisfactory, the CL may undergo revision. The repair station can submit the revised list and any other necessary technical data with a transmittal document to the PI at the CHDO.

Note:   Transmittal documents include cover letters, memos, e‑mails, faxes, or any other media acceptable to the Flight Standards District Office (FSDO).

5)      If the capabilities are maintained on the OpSpecs, each article will be listed by make, model, or manufacturer’s name under each limited rating. If the repair station maintains a separate CL, the OpSpecs will indicate that the certificate holder has the authorization to use a CL as revised.
6)      A repair station that chooses to use a CL must maintain a current CL acceptable to the FAA, identifying each article by make and model or other nomenclature designated by the manufacturer. A CL should not use the term “all” to denote the make or model. “Series” may describe the model, provided the term does not denote a broad classification that is not well‑defined. For example, “Cessna 150 series aircraft” may be an appropriate entry; whereas “Cessna 100 series aircraft” is a broad classification which includes many substantially different models.
7)      If the repair station does not maintain or have the necessary tools, equipment, housing, facilities, and trained personnel to perform the required maintenance on the article(s) listed on the CL, delete the article(s) from the CL.

Note:   The repair station must maintain, or have written evidence that it can obtain the tools and equipment required to maintain the articles on the CL.

C.     Additional Fixed Locations. A repair station may have additional fixed locations (facilities) without certificating each facility as a stand‑alone or satellite repair station. The FAA may grant this authorization if all of the facilities are localized and within a defined area, such as several buildings or hangars, which may be on or near the same airport or at or near the address stated on the repair station certificate. All locations will operate under the authority of a single repair station certificate, each within the same geographic location as the main base and CHDO.

1)      Additional locations are not separate facilities and must collectively be considered one repair station. A geographic authorization or other repair station certificate is not required. However, the repair station must have procedures in its manual to describe how it will operate in this manner and remain compliant with its manual and the requirements of part 145. The FAA does not consider this situation work away from the station. The OpSpecs must list each fixed location.

Note:   The aviation safety inspector (ASI) and repair station accountable manager must collaborate when making a determination that repair station operations require additional locations. The FAA’s primary concern is that all the facilities are localized and within a defined area of operation. The repair station must assure ASIs reasonable access to all locations, without the inconvenience of extended travel distances. Extended travel between facilities may have an adverse impact on FAA oversight and surveillance capabilities. Surveillance for the certificated repair station must include all facilities.

2)      Additional locations may be particularly useful when other federal laws or local ordinances require a repair station to use remote sites when performing some maintenance actions, such as functional testing of turbine engines. Local laws and noise abatement programs may force a repair station to another work site. The FAA may find that the additional locations do not have a significant impact on the maintenance performed, provided the manual has sufficient procedures to ensure the airworthiness of articles being maintained.
3)      The primary facility must have full control over all additional locations. It is not necessary that each location be completely equipped since tools, equipment, parts, etc., can be transported between facilities.
4)      The repair station must apply and be approved for the use of additional locations before exercising the privileges of its certificate and ratings at these facilities. The application must list each facility and its physical address. The repair station must submit a revision to its manuals detailing the procedures it will follow when transporting equipment or parts, how it will ensure adequate and appropriate personnel are available at each site when needed, and how it will continue to meet the requirements of part 145.

Note:   Under normal circumstances, repair stations should not have additional fixed locations authorized across FSDO or regional boundaries since ASIs are responsible for overseeing the entire operation. Consideration of additional fixed locations outside the FSDO’s area of responsibility requires coordination with the regional AFS‑230 branches. Additional fixed locations that cross regional boundaries require coordination with each region and AFS‑300. Additional fixed locations outside regional boundaries should be coordinated with each regional aircraft maintenance division with concurrence from the Repair Station Branch, AFS‑340.

D.    Maintenance Functions. The FAA must approve maintenance functions before a certificated repair station contracts out the performance of maintenance, preventative maintenance, or alterations of an article. Maintenance functions requiring approval are those items for which a repair station is rated to maintain, but chooses to contract out that maintenance, as referenced in part 145, § 145.201(a) to any maintenance provider.

E.     Contract Maintenance. A repair station must have the material and equipment necessary to perform the functions appropriate to its rating. However, it does not need to have the tools and equipment for functions it has authorization to contract out according to its FAA‑approved list of maintenance functions. The repair station must request and obtain approval before it can contract out a maintenance function. If the FAA approves the contracted maintenance function, the repair station can determine who will perform the maintenance.

Note:   A repair station may contract maintenance functions to both FAA‑certificated and non‑FAA-certificated facilities. The FAA must approve all maintenance functions for both certificated and noncertificated providers. Only those functions that are within the scope of the repair stations ratings may receive approval.

1)      If a repair station contracts out a maintenance function to another FAA‑certificated repair station, the originating repair station must determine that the contracted repair station has the proper rating to perform the maintenance. The repair station doing the maintenance is responsible for providing the approval for return to service of maintenance performed on each article. The repair station must properly process articles received from a certificated facility through its own receiving inspection procedures before performing further maintenance.
2)      If the repair station contracts to non‑FAA‑certificated facilities, the repair station must include provisions that allow the FAA to inspect and observe the work performed on those articles at the noncertificated facilities. The individual in charge of the contract maintenance program may have to accompany the FAA during these inspections. These inspections may determine if the repair station is able to continue to contract the maintenance functions to this source and ensures that:

·        The non‑FAA‑certificated facility follows a quality control program equivalent to the FAA‑certificated repair station’s system with respect to the work performed for the certificated repair station.

·        Testing and/or inspection verify the work performed on the article.

·        The article is airworthy with respect to the work performed by the noncertificated source.

·        The RSM includes a procedure ensuring that contracts contain a provision for FAA inspections.

3)      The repair station is responsible for approving for return to service any article which has had work performed on it and for ensuring the article’s airworthiness. Inspection procedures within the manual must enable the repair station to determine the airworthiness of the work performed on each article received. If the repair station cannot determine the quality of the contracted work by inspection or test, it can contract the work to only an FAA‑certificated facility that is able to inspect the performed work for compliance with part 43.

Note:   It is not enough for the contracting repair station to give its QCM to the noncertificated contractor and assume the contractor will follow proper procedures. The certificated repair station must provide adequate surveillance to ensure the contractor follows its quality control procedures.

4)      Part 43, § 43.17(c) authorizes an Approved Maintenance Organization (AMO) whose system of quality control Transport Canada has approved to perform maintenance on U.S. aeronautical products. Section 43.17(d) requires the maintenance, preventive maintenance, or alteration is performed such that the affected product complies with the applicable requirements of part 36.
a)      These are the same regulations that a U.S.‑certificated repair station must follow. Section 43.17(e)(1) requires the AMO to approve the article for return to service after performing maintenance. Since Transport Canada approved the AMO’s quality control system, the FAA views the organization as similar to the U.S.‑certificated repair station system. Section 43.17(d) states that the AMO must perform and record the work in accordance with part 43. The Canadian form, Transport Canada Civil Aviation (TCCA) Form One, Authorized Release Certificate, is similar to FAA Form 8130‑3, Airworthiness Approval Tag, and meets the recording requirements when filled out properly.
b)      Although not FAA‑certificated repair stations, Canadian AMOs performing work per § 43.17 comply with the same requirements that U.S. repair stations must when performing maintenance, preventive maintenance, or alterations. Because of the similarities, the FAA would not require an on‑site inspection.
5)      Part 43 authorizes a certificated mechanic to provide approval for return to service after performing maintenance, preventive maintenance, or alterations. The same performance requirements as the repair station also hold for this person. The mechanic approves the article for return to service by providing documentation that complies with § 43.9. The repair station would have no requirement to conduct an on‑site inspection of the mechanic’s facilities.

F.      Maintenance Performed at Another Location. A repair station may perform work away from its fixed location for a one‑time special circumstance or on a recurring basis. Part 145, § 145.203(a) states that the FAA determines these special circumstances.

1)      A repair station may perform maintenance away from its fixed location for special circumstance, such as an aircraft on the ground or in preparation for a ferry flight. (OpSpec D100 is not required.)
a)      If the repair station does not include a procedure in its manual for work away from station for emergency repairs, then it must submit each request to the PI for evaluation on a case‑by‑case basis. The PI will make a determination and inform the repair station of any parameters that it must follow to perform the requested maintenance. The repair station may elect to put a procedure in its manual to cover special circumstances for emergency repair (aircraft on ground, preparation for special flight permit, etc.).
b)      The CHDO will review the manual procedure to verify it contains information on how the repair station will notify the PI when it must perform work away from station. The PI must verify this procedure is for emergency purposes only and not on a recurring basis or extended work away from station.
2)      A repair station may perform maintenance away from its fixed location for extended periods of time if it meets certain criteria. Section 145.203(a) states that the FAA determines these special circumstances. Additionally, this type of operation does not constitute the establishment of another repair station or a satellite repair station because it is temporary in nature. After completion of the contracted maintenance, the repair station must transport its tools, equipment, and personnel back to its fixed location. The repair station must submit this request to the PI for evaluation on a case‑by‑case basis. The PI will keep a copy of the request, the repair station’s procedure, and the PI’s approval document in the repair station file. (OpSpec D100 is not required.) The repair station must meet the following criteria to provide maintenance away from its fixed location for extended periods of time:
a)      Extended contracted work away from station must not exceed one year.
b)      The repair station must furnish its own tools and equipment unless it has procedures for leasing or contracting tools and equipment that comply with the regulations and the procedures in the RSM.
c)      The repair station must ensure its personnel understand that they must follow repair station procedures when performing maintenance away from station.
d)      The repair station must have all required data to complete the contracted maintenance at the location.
e)      The request to the CHDO must include the aircraft (make/model/series), the project to accomplish, the duration of the maintenance, the location of the maintenance, and a statement that the temporary facilities are suitable for the repair station’s maintenance.
f)        Housing that is suitable for one repair station’s use may not automatically be suitable for the purposes and scope of maintenance for another repair station’s ratings, privileges, or limitations. The repair station requesting to provide maintenance away from its fixed location for extended periods of time must evaluate the housing and facilities where the maintenance will take place to ensure the location meets the requirements of the rule.
3)      As stated in § 145.203(b), a repair station may perform maintenance away from its fixed location on a recurring basis when necessary, such as to perform mobile field services. This will allow maintenance away from the repair station’s fixed location as a part of everyday business rather than under special circumstances only. (OpSpec D100 is required.)
a)      If the repair station intends to perform maintenance on a recurring basis at places other than its fixed location, the manual must include procedures for accomplishing the maintenance, preventive maintenance, alterations, or specialized services.
b)      The procedures must address issues related to transportation, tools, equipment, personnel, technical data, and records. These procedures should ensure the repair station at the remote location remains in compliance with part 145 and its manual, just as if it performed the maintenance at the repair station’s fixed location.
c)      Should the repair station elect to use mobile repair units, the RSM must have clear procedures on:

1.      How it will control the work away from station and will be clear in that the mobile units will bring no work into them;

2.      Identifying where the PI may find each unit, should the PI need to provide surveillance on them and spot check the work they perform;

3.      Providing a contact person for each unit, along with contact information (telephone/e‑mail);

4.      How it will control all calibrated equipment and technical data in each unit;

5.      How often the repair station will audit each unit and make the findings available to the PI. The repair station should provide the PI with a schedule of audits so the PI may accompany an audit as part of the surveillance program; and

6.      Any other requirement the PI deems necessary for the type of operation requested.

G.    Transfer of a Part 145 Certificate from One CHDO to Another. Part 145 prescribes that the FAA must approve, in writing, any change of a repair station location, housing, or facilities.

1)      The application for change of location is FAA Form 8310‑3, Application for Repair Station Certificate and/or Rating. The applicant will complete Form 8310‑3 and select “Change in Location or Housing and Facilities,” located in block 2, Reason for Submission.
2)      The PI or the PI’s representative at the office from which the certificate holder is leaving will coordinate the repair station change in location with the regional office (RO). The RO will further coordinate with the office to which the certificate holder is transferring (if in the same region). If the gaining office is in a different region, the losing RO will coordinate with the gaining RO. The FAA encourages direct communication between the two field offices.
3)      After regional coordination, the current CHDO will approve or deny in writing, a decision on the repair station’s request for change of location, and provide it to the repair station as required by § 145.105. If the CHDO denies the request, further activity supporting the change of location ceases until the RO is satisfied with the resolution of the issues causing the denial.
4)      The PI at the office from which the certificate holder is leaving will identify items in that office pertaining to the repair station that he or she must close, revise, transfer, archive, or otherwise administer in block 6 of the applicant’s submitted Form 8310‑3 (or in a separate document). Note the completion of each of the required activities for those items. Once the transfer is complete, the office from which the applicant left will provide all affected FAA offices with a copy noting all completed actions.
5)      If the repair station intends to operate during the change in location, it will present the office from which it is leaving with a transition plan to identify and address potential gaps in the repair station’s quality system. The PI at the office from which the certificate holder is leaving will coordinate with the new office, provide a copy of the transition plan, and note in block 6 any conditions or limitations under which the repair station must operate. The PI must provide a copy of the limitations to the repair station, which must acknowledge its receipt. The PI at the office from which the certificate holder is leaving or the PI’s representative will provide oversight for compliance with those conditions or limitations applicable to the repair station at the original location.
6)      The new office will assign a PI to provide oversight of the repair station change in location activity. The new office PI or the PI’s representative will identify in block 6 of the applicant’s submitted Form 8310‑3 (or in a separate document) those items in the gaining office that pertain to the repair station that he or she must open, revise, transfer, or otherwise administer. Note when the required activities for those items are complete. Upon the completion of all items, the PI will provide a copy of the document to affected ROs.
7)      If the repair station intends to operate during the change in location, the new office PI or the PI’s representative will provide oversight for compliance with any conditions or limitations under which the repair station must operate at the new location.
8)      The procedures for transferring a certificate will include assurances of consideration of at least the following:
a)      Coordinating with any affected RO (old and new field and ROs).
b)      Transferring of current and complete office files (old office).
c)      Ensuring updating of the VIS (old office).
d)      Administering any open required surveillance tasks in accordance with FAA Order 1800.56, National Flight Standards Work Program Guidelines (old office).
e)      Ensuring placement of appropriate conditions and limitations on the repair station during the relocation (old office coordinating with the new office).
f)        Inspecting the new housing and associated facilities, equipment, materials, and data (new office).
g)      Ensuring that appropriate ratings and OpSpecs continue, or receive amendments as necessary (new office).
h)      Ensuring the repair station certifies, in writing, compliance with the hazardous materials requirements of § 145.53(c) or (d), as appropriate. A previous compliance statement may continue to be valid (new office).
i)        Reviewing repair station and quality manuals for revisions, if necessary (new office).
j)        Updating all necessary repair station file documents with current information, paying particular attention to the air agency certificate, OpSpecs, VIS, and repairmen certificates (new office).
k)      Establishing normal surveillance in accordance with current FAA Order 1800.56 (new office).

H.    Taking Corrective Actions on Deficiencies. Part 145, § 145.211(c)(1)(ix) states that the QCM must include procedures used for taking corrective action on deficiencies. A corrective action is an action to remedy an undesirable situation. The correction of deficiencies is normally an integral part of a repair station’s improvement process, and could include revisions to procedures that were not working properly. (For additional guidance, refer to the current edition of Advisory Circular (AC) 145‑9, Guide for Developing and Evaluating Repair Station and Quality Control Manuals.)

Note:   The FAA does not require the repair station, at this time, to have an Internal Evaluation Program (IEP), quality assurance program, or a continuous improvement program.

1)      Corrective action requires that a fact‑based investigation determine the root cause or causes in order to eliminate them. Corrective action is applicable in two situations: before the article receives approval for return to service, and after the article has received approval for return to service.
2)      Upon detection of a deficiency before the article receives approval for return to service, the repair station should follow its procedures describing how to accomplish the corrective work. Upon detection of a deficiency after the article has received approval for return to service, the repair station should follow its procedures to notify the CHDO and the owner/operator of any potential problems and recall any unairworthy article. The objective of the investigation into the cause of the deficiency, and the corrective actions taken, is to prevent a recurrence of the same or similar problems.
3)      The procedures in the QCM should include a system for documenting any deficiencies and the corrective actions taken to prevent a recurrence. The system should provide the ability to track any open corrective action requests and the date the corrective action is due. The program should also include audits of the corrective action(s) taken to ensure effectiveness. The program should also track these audits to ensure their completion in a timely fashion.

2-1183       COORDINATION REQUIREMENTS.

A.     Coordination. These tasks require coordination among the ASIs (maintenance and avionics) and may require regional coordination.

B.     Electronic Media. Air agencies that elect to use electronic media (CD‑ROM, LAN‑based or internet‑based systems) must be allowed to use those systems without interference or extra procedures. The air agency is responsible for ensuring equipment of its CHDO for the media it selects to ensure that delays or other hindrances do not occur. Transmittal documents will replace the requirement for signing the title page or revision page to ensure a consistent approach to document and manual submissions and revisions.

Note:   Transmittal documents include cover letters, memos, e‑mails, faxes, and any other media acceptable to the FSDO.

1)      Repair stations and applicants must follow this procedure for the remaining submissions discussed in this section.
2)      Repair stations and applicants will submit documents for FAA acceptance or approval accompanied by a transmittal document with the information captured in the note below.
3)      PIs will approve, or reject submissions using a transmittal document with the information mentioned in the note below.

Note:   A transmittal document describing the submission and signed by the appropriate manager must accompany the repair station document submissions requiring approval. PIs will accept or approve submissions using a transmittal document indicating the date, document, manual, or revision number, and an acceptance or approval statement. Additionally, PIs will reject a certificate holder’s submission using a transmittal document that indicates the date, document, manual, or revision number, and a detailed explanation of the noted discrepancies or nonconformances. Maintain office copies of correspondence transmittals in the certificate holder’s folder or electronically, if equipped.

4)      PIs will accept or reject document submissions using the information mentioned in the note below.

Note:   Regulatory language defines certain document submittals by an air agency. RSM, QCM, CL and others must be acceptable to the FAA. The FAA, unless it provides a list of discrepancies to the air agency explaining the unacceptability of the submitted correspondence, considers a document, manual or revision acceptable. The FAA has no requirement to acknowledge receipt of or initiate a formal letter of acceptance upon review of the submitted correspondence. A transmittal document that indicates the date, document, manual, or revision number and a detailed explanation of the discrepancies may initiate a rejection of a certificate holder’s submission. Maintain office copies of correspondence transmittals in the certificate holder’s file or electronically, if equipped.

C.     Use of Electronic Transmissions (E‑mail or Facsimile). E‑mail or fax responses are an acceptable alternative to the cover letter if the repair station is equipped to transmit and receive any necessary attachments. This may include the use of electronic signatures. The repair station’s procedures should address this method and be acceptable to the FAA.

2-1184       CL.

A.     Review the Air Agency’s CL.

1)      Review the CL to ensure the repair station has ratings for the articles identified on the list.
2)      Review the RSM procedure for:

·        The revision process, including CHDO notification;

·        Where and how the list will be maintained;

·        Frequency and method of revising the list; and

·        Reporting self‑evaluation results to the appropriate manager.

3)      Review the self‑evaluation process for:

·        Records of training of persons performing the self‑evaluations;

·        Performance of the self‑evaluation before modifying the CL; and

·        Adequate identification of the tools, equipment, materials, technical data, adequate housing and facilities, and qualified personnel that are available before modifying the CL.

B.     Accept the CL. If the submission or revision is acceptable, ASIs will:

1)      If a paper revision, remove the affected pages and insert the revised pages in the CL or replace the list in its entirety, if that is the method the repair station uses, and file the transmittal documents in the appropriate office file.
2)      If in electronic format, replace the outdated disk or file with the current CL or revised pages in the certificate holder’s office file.

C.     Reject the CL. If the submission or revision is not acceptable, the ASI will:

1)      Initiate a transmittal document indicating the date, document, and revision number of the rejected CL or revision.
2)      Return all copies to the applicant with an explanation of discrepancies requiring correction and instructions for resubmitting the documents.

2-1185       ADDITIONAL FIXED LOCATIONS.

A.     Submit Application. A repair station may request the addition of additional fixed locations to its OpSpecs by submitting the request on FAA Form 8310‑3, Application for Repair Station Certificate and/or Rating. The repair station must:

1)      List the physical address of all additional fixed locations for addition to its OpSpecs.
2)      Submit repair station and QCM revisions, to include how it will continue to meet the requirements of part 145 and its manual at each additional location.
3)      Supply any additional information needed by the FAA to consider the request. ASIs must approve the additional locations before the repair station exercises the privileges of its certificate at the additional facility.

B.     Review Application. The PI receives the application, manual revisions, and any other information necessary to determine the appropriateness of the request. The inspector must:

1)      Review the manual revisions that detail how the repair station will perform maintenance at the additional location.
2)      Review any other material or information submitted to assist the inspector in completing his or her review.
3)      Inspect the additional location to ensure that:

·        It is within the local commuting area and does not pose an inconvenience to the inspector for traveling to all locations,

·        Accomplishment of the work is appropriate under the repair station’s certificate and ratings as listed on the OpSpecs, and

·        It is under the full control of the repair station.

C.     Approve Additional Fixed Location. The PI approves the additional fixed location address by adding it to the repair station’s OpSpecs.

2-1186       CONTRACT MAINTENANCE.

Note:   The removal of appendix A from part 145, also removed the prohibition against limited‑rated repair stations contracting out work. However, the FAA does not intend to allow “virtual repair stations” that provide only the approval for return to service. This means that ASIs must be attentive to the maintenance functions they are approving for each facility. Although a list such as appendix A was a convenient way to maintain certain levels of maintenance for each repair station, it was impossible to maintain it in a current status without this rule being in constant revision.

A.     Maintenance Functions. A repair station can submit its maintenance functions in any manner acceptable to the FAA, but cannot contract maintenance functions to noncertificated sources until they have received approval. RSMs must contain a procedure that describes how the repair station will submit its maintenance functions to the CHDO. The RSM must also describe how the repair station will revise the list of maintenance functions. Maintenance functions, if the repair station contracts them to a noncertificated provider, must receive approval. The repair station rating must cover each approved function.

1)      Repair stations will submit the list of maintenance functions for approval to the CHDO with a transmittal document that describes the submitted document and shows the date and/or revision number of the document. The repair station may also wish to provide a method for adding a maintenance function to its FAA‑approved list on an emergency basis. ASIs should ensure that the procedure accepted in the RSM regarding these emergency procedures sufficiently addresses how to add the maintenance function, and how to obtain FAA approval in a short period of time.
2)      ASIs will approve or reject the maintenance function list by:

·        Initiating a transmittal document identifying the document, date, revision number, and stating either approval or rejection of the function.

·        Filing a copy of the transmittal in the repair station folder and providing a copy to the certificated repair station by mail or electronic media.

Note:   Regulatory language defines certain document submittals by an air agency (e.g., RSM, QCM, CL and others) and must be acceptable to the FAA. The FAA, unless it provides a list of discrepancies to the air agency explaining the unacceptability of the submitted correspondence, considers a document, manual or revision acceptable. The FAA has no requirement to acknowledge receipt of or initiate a formal letter of acceptance upon review of the submitted correspondence. A transmittal document that indicates the date, document, manual, or revision number and a detailed explanation of the discrepancies may initiate a rejection of a certificate holder’s submission. Maintain office copies of correspondence transmittals in the certificate holder’s file or electronically, if equipped.

3)      To assist repair stations in determining which functions to allow, ASIs should provide a reason for rejecting the maintenance functions. Some reasons for rejecting maintenance functions include:

·        Too much contracting out of “core business,” leaving the repair station to provide little, if any, actual maintenance on the articles for which it holds ratings to work on;

·        Continually using contracting out as a means to keep staffing below adequate levels for the work the repair station is obligated to accomplish; and

·        Contracting out a maintenance function without prior approval.

Note:   A repair station should not use contracting out maintenance functions to replace the need for adequately staffed and trained maintenance personnel. ASIs should be cautious of repair stations that constantly revise the maintenance function list on an emergency basis in order to complete work in a timely manner. ASIs should ensure that a repair station has the necessary trained personnel for the scope and complexity of the ratings it holds.

B.     Contract Maintenance. Repair stations that do not intend to contract out maintenance functions must have the housing, facilities, material, and equipment necessary to perform the functions appropriate to its ratings. The tools, equipment, and technical data must be available at the time the repair station performs the work. Repair stations wishing to contract maintenance functions out to noncertificated providers must submit a list of those maintenance functions to the FAA for approval.

Note:   A repair station with a limited rating for specialized services may not contract out any function required in the process specification listed in the OpSpec.

1)      The repair station must make available a list that includes the maintenance functions, the name of the contractor that will perform the function(s), and the contractor’s physical address.
2)      To approve or reject a list of contracted maintenance functions, the ASI must determine:

·        That the RSM has adequate procedures that dictate how the maintenance functions will be submitted and revised,

·        How the repair station will qualify and/or inspect noncertificated contractors, and

·        How the repair station will apply approval for return to service once an article returns from a contractor’s facility.

3)      A certificated repair station may not provide only approval for return to service of a type‑certificated (TC) article following maintenance, preventive maintenance, or alterations.

Note:   A certificated repair station may not contract out to a noncertificated person unless it provides in its contract that the FAA may conduct inspections or observe maintenance functions performed for the repair station. If a noncertificated person refuses to allow the FAA access, the certificated repair station cannot approve the articles for return to service.

2-1187       MAINTENANCE PERFORMED AT ANOTHER LOCATION. Repair stations may:

·        Elect not to perform maintenance away from the main base station.

·        Need to perform emergency maintenance away from station.

·        Need to perform maintenance over an expended period of time away from station.

·        Need to perform maintenance on a recurring basis away from station.

Note:   The PI should consider the need of the repair station carefully.

A.     No Maintenance Away From Main Base Station. Should the repair station determine it never has a need to perform maintenance away from the main base station, it would not need the requirements for a procedure in its manual and OpSpec D100. However, the PI should inform the repair station that if a need arises, the repair station must notify the CHDO and wait for a determination from the PI.

B.     Emergency Maintenance Away From Main Base Station. If the repair station determines it needs to perform maintenance away from the main base station on an emergency basis, it may put a procedure in its manual for the types of emergency maintenance that it may need to perform, stating how it will control the work, material, equipment, personnel, data inspection procedure, etc., and stating how it will notify the PI.

1)      If the PI determines these procedures meet the requirements of § 145.203(a), the repair station would not have to wait for a reply from the PI before performing the work.
2)      The PI will send the repair station a letter stating that the procedure meets the requirements of § 145.203(a). The CHDO will keep a copy of the letter in the repair station file.

C.     Extended Maintenance Away From Main Base Station. If the repair station should have a special circumstance, such as a need to perform maintenance for an extended period of time, then it must present this request to the PI for determination. (OpSpec D100 is not required.) The repair station must present to the PI a plan, for review, on how the repair station will control the maintenance. The PI will verify the following:

1)      That the repair station request clearly states the time required to complete the project. If it needs additional time, the repair station must apply for an extension. Granting of the extension should only be for the time necessary for completion.
2)      That the repair station furnishes its own tools and equipment, unless it has procedures for leasing or contracting tools and equipment that comply with the regulations and with the procedures in the RSM.
3)      How the repair station will assure that its personnel understand that they must follow the repair station procedures when performing maintenance away from station.
4)      How the repair station will have all required data to complete the contracted maintenance at the location.
5)      That the request to the CHDO includes the aircraft (make/model/series), the project to accomplish, the duration of the maintenance, the location of the maintenance, and a statement that the temporary facilities are suitable.
6)      That the repair station can perform the work requested. The PI will send the repair station a letter stating the procedure meets the requirements of § 145.203(a). The CHDO will keep a copy of the letter in the repair station file.

D.    Recurring Maintenance Away From Main Base Station. If the repair station is performing maintenance away from the main base station on a recurring basis (part of everyday business rather than under special circumstances) there must be a procedure in the manual on how the repair station controls the work away from station. This type of work could include fuel cell repair, nondestructive testing, etc. where most, if not all, of the work is completed away from the base station. (OpSpec D100 is required.)

Note:   Any product that is non‑TC’d or used on a non‑TC’d aircraft, such as certain military aircraft, must not receive ratings. Part 145, § 145.57(a) requires a repair station to perform maintenance in accordance with part 43. Section 43.1(a) states, in part, that “This part prescribes rules governing the maintenance, preventative maintenance, rebuilding, and alterations of any aircraft having a U.S. airworthiness certificate.”

Note:   Section 145.59 defines ratings. Adding or removing an aircraft, engine, or component to a rating is an amendment to the rating, not an added rating. The addition or removal of an aircraft, engine, or component is a change to the limitations under the rating.

2-1188       AIRFRAME RATINGS AND CLASSIFICATIONS UNDER § 145.59.

A.     Airframe Maintenance or Alteration.

1)      Repair stations require an appropriate airframe rating when performing maintenance or alterations on articles (see Table 2‑19, Airframe Ratings and Classifications under § 145.59) such as:

·        Seats,

·        Seat belts,

·        Berths,

·        Galleys,

·        Lavatories,

·        Cabinetry,

·        Cabin/cockpit interior foam and fabric upholstered parts,

·        Dividers,

·        Curtains,

·        Windows, and

·        Any other interior structure.

2)      Additionally, repair stations require an appropriate airframe rating when performing maintenance or alterations on external aircraft structures or fuselage articles such as:

·        Aircraft composite components,

·        Aircraft painting,

·        Electrical wiring harnesses,

·        Landing gear removal and installation,

·        Doors and the attaching components,

·        Fuselage repairs or alterations, or

·        Flight controls and attaching hardware.

3)      Similarly, articles of all‑cargo configured aircraft are considered part of the airframe and require an appropriate airframe rating. These include:

·        Unit loading devices,

·        Cargo pallets or containers,

·        Bulkheads,

·        Ball mats,

·        Floor roller tracks, and

·        Floor or side locks.

4)      Performing maintenance or alterations on articles associated with an emergency medical support installation, such as stretchers, litters, and supporting hardware or structures also require an appropriate airframe rating.
5)      Repair stations performing a similar maintenance function, but using different processes, could conceivably hold different limited ratings. See Table 2‑24 for examples of ratings and limited ratings that would authorize a repair station to complete § 91.411 and § 91.413 testing.

B.     Ratings.

1)      A revised or amended rating is not an added rating. If the repair station desires to add an additional aircraft under the present rating, it will be a change or an amendment to the rating and will not require a reissue of the certificate. If the repair station uses a CL as authorized by § 145.215, then the CHDO will receive a copy of the change, and the OpSpecs will not need changing. If the repair station does not use the provisions of § 145.215, then an amendment to the rating will require submission of Form 8310‑3 and changing of the OpSpecs to add the aircraft. Whenever there is a change to the rating in the OpSpecs, the repair station must submit a new FAA Form 8310‑3. For example:
a)      A repair station currently holds a Limited Airframe rating, limited to Cessna 150 series aircraft. They would like to add Piper PA‑28 series aircraft. The repair station does not use a CL.

1.      The repair station submits Form 8310‑3 to the CHDO with the request to add the Piper aircraft.

2.      The ASI verifies that the repair station meets all of the applicable requirements and then adds the Piper PA‑28 series aircraft to the OpSpecs. The Air Agency Certificate would not change.

b)      A repair station currently holds a Limited Airframe rating and would like to add a Limited Powerplant rating.

1.      The repair station submits Form 8310‑3 to the CHDO with the request to add the Limited Powerplant rating.

2.      After the ASI verifies that the repair station meets all of the applicable requirements, the certificate will receive a change to add the limited powerplant rating and the OpSpecs will receive an amendment to add limited powerplant.

C.     Limited Ratings.

1)      Limited ratings listed in § 145.61 have long been interpreted as being limited to all the functions on a particular make and model of aircraft, powerplant, or propeller. Although this interpretation was appropriate in the 1950s, during the development of the current rating system, the repair and maintenance industry has developed numerous “niche” businesses that are limited to not only a particular article make or model, but also to certain maintenance functions on a particular make or model.
2)      The current OpSpecs allow the proper identification of the limitation of make and models, as well as maintenance functions in the “Limitations” section. Limitations must not be vague and undefined. It is important that the repair station clearly understand its privileges and any associated limitations. When issuing a limited rating, the PI must adequately describe the scope of the rating and any associated limitations in a clearly understood manner. Vague or misunderstood OpSpecs could lead to operations outside the intended scope of the certificate. When necessary, use of the limitations column may further limit the intended scope of the rating. If additional limitations are not necessary to adequately describe the intended scope, the PI should enter “None.” The PI should use good judgment and carefully consider possible unintended consequences of not specifying limitations. If painting, for instance, is the only maintenance function a repair station intends to perform, the limitation should read, “Limited to painting airframe structure and components on Boeing 737 series aircraft,” or similar language. If the repair station’s limitation is performing maintenance on only a certain part of the airframe, that language should specify the manufacturer, make, and model of the component, and describe exactly what the repair station is limited to do.

Note:   Painting of aircraft may also involve other maintenance functions such as balancing of flight controls. The repair station should have the ability or be authorized to contract out those functions.

3)      OpSpecs should identify the manufacturer and the make/model. In certain rare occasions, the term “all” may be appropriate when identifying the make/model. When using “all” to denote the make/model, the PI must use good judgment and carefully consider potential unintended consequences. If the inspector is not careful, use of the word “all” could inadvertently authorize work beyond the desired intent. For example, use of the word “all” may seem appropriate to authorize structural repairs on all models of aircraft manufactured by Mooney. However, unless the PI excludes several early production models, this authorization may inadvertently allow structural repairs on both wood and metal primary structures.

Note:   ASIs must ensure that the limitations of repair stations adequately address the capabilities of the repair station both by the make and model of the aircraft, powerplant, propeller, or component part of those articles, and by the maintenance capabilities for which it has the tools, equipment, housing, data, and trained personnel to maintain. At no time should a repair station receive a rating if it does not have the required supporting components (tools, equipment, etc.) to perform the maintenance required of the rating.

Note:   Limited ratings may incorporate a CL if the repair station has elected to employ one. For example, a repair station without a CL might receive a limited airframe rating for the performance of transponder testing on a specific make/model aircraft, in accordance with part 43 appendix F. A repair station that employs a CL when the transponder make/model and aircraft make/model are listed on the CL (the holder of a limited radio rating would not have removal/reinstallation privileges) could receive a limited airframe or a limited radio rating for the performance of transponder testing.

4)      A repair station may apply for and receive a repair station certificate and rating for a limited airframe for line maintenance.
a)      The performance of inspections and minor flight line repairs to air carrier aircraft needs the limited airframe. The OpSpecs should list all the aircraft, the airlines which contracted the repair station to perform line maintenance, and the locations where line maintenance is to take place.

Note:   A repair station must not perform line maintenance on articles that are outside the scope of its repair station certificate and ratings. Additionally, a repair station that has certification to perform line maintenance must not operate at a location that its OpSpecs do not list.

b)      Repair stations certificated to perform only line maintenance must meet all of the eligibility requirements of the rule, including the requirement for suitable housing. The housing need not be on the airport grounds, but must adequately support the maintenance that the repair station is authorized to accomplish. However, the housing should adequately hold the repair station’s tools, equipment, technical data, and any owner’s/operator’s spare parts for installation in aircraft.

Note:   All certificated repair stations must have suitable housing and facilities. Although § 145.205(d) allows some deviation from the housing requirement, that requirement is based on the repair station having suitable housing at another location that meets the requirements of part 145. If line maintenance is the only maintenance a repair station has certification to perform, the repair station must still meet the housing and all other requirements of part 145.

D.    Limited “Other” Category. The implementation of the final part 145 rule on January 31, 2004 eliminated the limited “other” category rating. This action was necessary because no limitations directed ASIs to ensure that they directed this rating to articles to which part 43 applied. ASIs need to be aware that all repair station ratings must apply to an aircraft, powerplant, propeller, or component part thereof. If an applicant’s request does not meet these criteria, a repair station certificate and rating is not appropriate.

Note:   Repair stations and applicants are receiving requests from air carriers, Department of Defense maintenance contractors, or other repair stations to obtain part 145 certification. Although these requests may seem reasonable, part 145 certification is not necessary and does not apply to public aircraft operated by Federal, State, or local governments. Also, air carriers are requesting part 145 certification for the performance of certain functions on articles where part 43 doesn’t apply using engineering orders or other documents as “approved data.” Although the operator may carry on or use these items in its aircraft during revenue flights, this does not mean these items meet the part 43 applicability requirements. These items may include galley utensils/items, portable medical oxygen bottles, and so forth.

E.     Line Maintenance Authorization.

1)      A repair station may apply for and, if it meets the eligibility requirements for the rule, receive a line maintenance authorization within the scope of their airframe or powerplant rating. A repair station must have an airframe or engine class rating, or a limited airframe or engine rating for the complete aircraft or engine make and model (Boeing B737 or P&W JT8D) to perform inspections and minor flight line repairs to aircraft listed on its OpSpecs.
2)      The repair station must have a rating for the aircraft or engine on their OpSpec A003 and may only have authorization for line maintenance for those makes and models listed. The line maintenance authorization allows the repair station to inspect powerplants installed on aircraft and to install powerplants, but does not authorize maintenance that exceeds the scope of its ratings.
3)      OpSpec D107 should list all aircraft makes and/or models, the operators which contracted the repair station to perform line maintenance, and the location(s) where the line maintenance is to take place.

Note:   A repair station must not perform line maintenance on articles that are outside the capabilities of its ratings or the limitations listed in its OpSpecs. Additionally, a repair station certificated to perform line maintenance can only do so at the main base or those locations listed on OpSpec D107.

a)      Inspectors should not rely solely on manual procedures to detail a repair station’s privileges and limitations. The appropriate sections of the repair station’s OpSpecs should include privileges and limitations detailed enough to identify the capabilities of the certificate holder.
b)      Inspectors should review the maintenance or inspection cards to ensure the requirements that the repair station must meet are within the scope and definition of line maintenance. For example, some repair stations have submitted requests to perform “B” checks for air carriers under a line maintenance authorization. Some “B” checks are more complex than others and could result in exposure of critical areas of the airframe to the environment or other contamination if the repair station has no housing or facilities available at the location. Performance of these inspections must be in an enclosed environment to avoid introducing collateral damage into the aircraft, airframe, powerplant, or components.
4)      Repair stations certificated to perform line maintenance must meet all of the eligibility requirements of the rule, including the requirement for suitable housing. The housing need not be on the airport, but must adequately support the maintenance that the repair station has authorization to perform.
a)      The repair station’s housing should provide adequate storage for the repair station’s tools, equipment, technical data, and any owner/operator spare parts or components for installation on aircraft.
b)      Repair stations performing line maintenance do not need a hangar. Housing facilities located near the airport are acceptable, provided they meet the requirements of § 145.103.

Note:   All certificated repair stations must have suitable permanent housing and facilities. Although § 145.205(d) allows some deviation from the housing requirement, the basis of that requirement is upon the repair station having suitable housing at another location that meets the requirements of part 145. The repair station must still meet the housing and all other applicable requirements of part 145. Housing need not be on the airport where the line maintenance takes place, but the repair station’s OpSpecs must list the street address.

c)   The granting of line maintenance authorization is only to maintain the aircraft of U.S. air carriers certificated under part 121/135 or a foreign air carrier or a foreign person operating a U.S.-registered aircraft in common carriage under part 129. A repair station cannot receive line maintenance authorization to provide maintenance on foreign air carriers that do not have U.S.-registered aircraft. The OpSpec D107 cannot list foreign air carriers and persons operating under part 129 that do not have U.S.-registered aircraft.

Note:   U.S. domestic repair stations that have received an OpSpec D107, and hold an EASA approval may perform line maintenance in accordance with their EASA RSM supplement.

5)      Repair stations must maintain the tools and equipment needed to perform line maintenance. Repair stations may lease seldom‑used or unique tools as specified in § 145.51(b) and not maintain them if the repair station has a signed contract from the owner of the tool or equipment. As with all repair stations, the required tools and equipment must either be on the premises and in use during the performance of the work, or the repair station must have a contract that stipulates that the recommended tools are available.
6)      Authorizing a repair station to perform line maintenance will follow, as appropriate, the same certification procedures found in Volume 2, Chapter 11, Section 2, Procedures for Certificating Part 145 Repair Stations/Satellites Located Within the United States and Its Territories; Section 3, International Field Office Procedures for Certificating/‌Renewing/Amending a Part 145 Repair Station Located Outside the United States and Its Territories; or Section 7, International Field Office Initial Certification of Repair Stations Under the Maintenance Implementation Procedures of a Bilateral Aviation Safety Agreement.
7)      Repair stations that may desire to perform line maintenance at more than one location must apply for, and provide the airport and operator information for each. This is limited to repair stations with authorization to provide maintenance on the complete aircraft.
8)      The repair station’s OpSpec D107 will list locations where the repair station performs line maintenance.
9)      OpSpec D107 authorizes a part 145 repair station to perform line maintenance functions that apply only to the certificate holders conducting operations under parts 121 and 135, and for foreign air carriers or foreign persons operating a U.S.-registered aircraft in common carriage under part 129.
a)      The addition to the OpSpecs of authorization of line maintenance can only be for repair stations that provide line maintenance for air carriers as defined in the regulation. General aviation operators do not have authorization for line maintenance.
b)      The authorization for providing line maintenance through the issuance of OpSpec D107 is not a rating.
c)      The OpSpec D107 authorization is a limitation to a rating, and as such, the limitation section must clearly state the types of aircraft the repair station has authorization to maintain and the location of the line station.
d)      The ASI must review the scope of work the repair station will provide for each air carrier, which becomes the limitation added to OpSpec D107. Repair stations cannot receive a blanket authorization. The PI must complete the review as required for each location and determine if the repair station can complete the requested maintenance for the air carrier at each location.
e)      Repair stations not limited to line maintenance should not receive OpSpec D107 for line maintenance at their home location or airport. However, if they need to perform line maintenance away from the home location, then all of the provisions of the line maintenance apply, and they receive OpSpec D107 listing each location.
f)        The PI must complete the review as required for each location and determine if the repair station can complete the requested maintenance for the air carrier at each location.

F.      Other Issues.

1)      It has been noted that repair stations that OpSpec D107 limited to line maintenance only have inappropriately received OpSpec D100. A repair station that is only authorized line maintenance should not receive OpSpec D100. A repair station only receives authorized line maintenance based upon a demonstrated ability to perform the scope of work for a specific air carrier at a specified location. It cannot receive authorization for emergency maintenance and any work away from that location.
2)      This does not prevent the appropriately rated main base from doing work away from station. However, any location listed on the OpSpec D107 cannot authorize work away from station. The OpSpec D107 is an authorization for a specific maintenance function and air carrier at a specified location.
3)      Additionally, several repair stations had multiple locations for line maintenance all under separate certificates. If a repair station requests to have multiple locations, the rating on OpSpec A003 would remain the same, but OpSpec D107 records the additional location(s) specific to the air carrier and the scope of work for that air carrier.
a)      Each location must receive an evaluation to determine if the repair station meets all requirements from the scope of work for each air carrier and the parts, equipment, and personnel to support the requested maintenance for each air carrier at that location.
b)      The PI for the parent repair station will assume the responsibility for all certification and surveillance of the additional locations. Certification at each FSDO is not a requirement.

Note:   During surveillance activities, ASIs must ensure that repair stations performing line maintenance are using the correct data from the correct operator, are operating from a location authorized in their OpSpecs, and are in compliance with part 145. The RSM must reflect how it operates at each location and, if the repair station has elected to use other rule provisions such as work away from the fixed location, that procedures in the manual detail these operations.

Table 2‑19, Airframe Ratings and Classifications Under § 145.59

Rating

Class

Definitions and Notes

Airframe

Class 1: Composite construction of small aircraft

May perform maintenance and alterations of airframes and airframe components in accordance with part 43 on any article for which it is rated and within the limitations in its OpSpecs. This rating also allows the removal and installation of powerplants, propellers, radios, instruments, and passenger convenience items, but not the performance of maintenance to internal sections of these components.

Airframe: Fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of engines) and landing gear of an aircraft and its accessories and controls.

Large Aircraft: Gross takeoff weight of more than 12,500 lbs. Typically considered transport‑category aircraft.

Small Aircraft: Gross takeoff weight of 12,500 pounds or less. Typically considered general aviation aircraft.

Class 2: Composite construction of large aircraft

Class 3: All‑metal construction of small aircraft

Class 4: All‑metal construction of large aircraft

Note:   A repair station may maintain and alter any airframe or part thereof for which it has a rating. However, it may not maintain any TC’d products (engine or propeller) installed on the aircraft without the appropriate rating. Nor may it maintain or alter any part thereof unless it has evaluated its capability and assured it has the tool, equipment, data, and personnel to do so. Maintaining powerplants, propellers, radios, and instruments requires additional ratings.

2-1189       POWERPLANT RATINGS AND CLASSIFICATIONS UNDER § 145.59.

A.     Components and Articles. Components and articles included in the powerplant rating are turbo‑superchargers, magnetos, carburetors, appurtenances, and other articles necessary for the proper operation of the powerplant. Although the regulations do not define “powerplant”, they do define “aircraft engine.” This rating does not include removal and installation of the powerplant onto the aircraft. If a repair station wishes to maintain and also install the powerplant, it must obtain an appropriate limited airframe rating. (See Table 2-20, Powerplant Ratings and Classifications Under § 145.59.)

Note:   The guidance on limited ratings provided in paragraph 2-1188C also applies to limited powerplant ratings.

B.     Limited Powerplant Ratings. Limited powerplant ratings must identify the powerplant manufacturer and the make/model of the powerplants the repair station intends to maintain. This type of rating, unless it includes limitations, allows complete repair or alteration of the powerplants listed.

1)      Powerplant maintenance has also found numerous “niche” businesses that may include the performance of a specific maintenance function on a wide variety of powerplants. In this case, the OpSpecs would identify the manufacturer, but the make/model column could contain “all models” instead of identifying each model. The limitations column would identify any limitations to its maintenance capabilities, such as, “Limited to plasma spray operations on Pratt and Whitney series turbine blades.” This rating allows the repair station to plasma spray all Pratt and Whitney turbine blades, regardless of the powerplant model the blades were from. The OpSpecs would also need to list additional manufacturers if the repair station has the technical data, tools, and equipment to perform this maintenance function on those additional powerplants.
2)      OpSpecs should identify the manufacturer and make/model authorized. Use of the term “all” may be appropriate when denoting the make/model in certain rare occasions. However, the PI must use good judgment and carefully consider potential unintended consequences. If the inspector is not careful, use of the word “all” could inadvertently authorize work beyond the desired intent. For example, use of the word “all” may be appropriate to authorize maintenance on certain Lycoming engines when used with a qualifier such as “all horizontally opposed reciprocating engines.” Without such a qualifier, it is unclear if the PI intended to authorize maintenance on all Lycoming engines, including Lycoming turbine engines and Lycoming radial engines.

Note:   Because maintenance procedures, tools, equipment, and technical data may differ between manufacturers, ASIs must ensure that a repair station obtains the appropriate supporting requirements for the capabilities it is requesting. Using tools, equipment, or data from another manufacturer conflicts with part 43 requirements and the FAA does not endorse this practice.

C.     Auxiliary Power Units (APU). Currently, confusion exists when determining the appropriate rating for APU. An APU is an accessory by virtue of its function of providing power to the aircraft when the aircraft is not in flight. However, some of the newer models of aircraft also use APUs as powerplants, which further blurs the lines between general aviation and corporate or commuter aircraft. Until development of a new rating system, ASIs should consider those articles used as the primary means of propulsion for these newer aircraft as powerplants, not APUs, and should rate repair stations appropriately. However, repair stations performing maintenance or alterations on APUs used strictly to produce auxiliary power for transport‑category aircraft should obtain an accessory rating.

Table 2‑20, Powerplant Ratings and Classifications Under § 145.59

Rating

Class

Definitions and Notes

Powerplant

Class 1: Reciprocating engines of 400 horsepower or less

May perform maintenance and alterations of powerplants, but not to adjoining airframe or propeller components. Repair stations may remove access panels, doors, and nacelles, as needed, to gain access to the powerplant.

This rating does not include the installation of powerplants to the aircraft. A powerplant‑rated repair station will also need a limited airframe rating to remove or install powerplants on the aircraft.

Class 2: Reciprocating engines of more than 400 horsepower

Class 3: Turbine engines

2-1190       PROPELLER RATINGS AND CLASSIFICATIONS UNDER § 145.59. See Table 2‑21, Propeller Ratings and Classifications Under § 145.59.

Note:   The guidance on limited ratings provided in paragraph 2-1188C also applies to limited propeller ratings.

Note:   Because maintenance procedures, tools, equipment, and technical data may differ between manufacturers, ASIs must ensure that repair stations obtain the appropriate supporting requirements for the capabilities that the repair station is requesting. Using tools, equipment, or data from another manufacturer conflicts with part 43 requirements and the FAA does not endorse this practice.

Table 2‑21, Propeller Ratings and Classifications Under § 145.59

Rating

Class

Definitions and Notes

Propeller

Class 1: All fixed pitch and ground adjustable propellers of wood, metal, or composite construction

May perform maintenance and alterations on propellers, but not to adjoining airframe or powerplant components.

A propeller, powerplant, or airframe‑rated repair station may accomplish installation of propellers.

Class 2: All other propellers, by make

2-1191       PROPELLER RATINGS. A repair station certificated as a propeller, powerplant, or airframe‑rated repair station may install propellers and the attaching hardware. Because the process of installing a propeller does not significantly differ between aircraft and powerplants versus a propeller test bench, repair stations with an airframe, powerplant, or propeller rating with appropriate privileges and limitations may install propeller assemblies.

2-1192       RADIO AND INSTRUMENT RATINGS AND CLASSIFICATIONS UNDER § 145.59.

A.     Radio Rating. The radio rating divides into communication, navigation, and radar classes. (See Table 2‑22, Radio and Instrument Ratings and Classifications Under § 145.59.) The basis of the first two classes, communication and navigation, is the intended function in the airplane, whereas the basis of the radar class is a specific technology or mode of operation. Modern avionics equipment typically integrates communications and navigation functions into a single appliance. Also, radar equipment or a radio that operates using pulse technology also serves communication and/or navigation functions. The combination of functionality and operations of these articles may require the repair station to attain a rating for all three classes, depending on the complexity of the article.

B.     Instrument Rating. The instrument rating divides into four classes—mechanical, electrical, gyroscopic, and electronic—based on the article’s general principles of operation. Multiple class ratings may be necessary to perform repairs on these articles.

Note:   ASIs must ensure that a repair station obtains the appropriate supporting requirements for the capabilities it is requesting. Using tools, equipment, or data from another manufacturer conflicts with part 43 requirements and the FAA does not endorse this practice.

Note:   The guidance on limited ratings provided in paragraph 2-1188C also applies to limited radio and instrument ratings.

Note:   A repair station with a radio rating must also have a limited airframe rating if it removes or installs components, or alters the aircraft.

Table 2‑22, Radio and Instrument Ratings and Classifications Under § 145.59

Rating

Class

Definitions and Notes

Radio

Class 1: Communication equipment

Radio transmitting and/or receiving equipment used in an aircraft to send or receive communications in flight, including auxiliary and related aircraft inter‑phone systems, electrical or electronic inter‑crew signaling devices, and similar equipment. Does not include equipment for navigating or aiding navigation of aircraft.

Class 2: Navigational equipment

A radio system used in an aircraft for en route or approach navigation. This does not include equipment operated on pulsed radio frequency principles, or equipment used for measuring altitude or terrain clearance.

Class 3: Radar equipment

An aircraft electronic system operated on radar or pulsed radio frequency principles.

Instrument

Class 1: Mechanical

A diaphragm, bourdon tube, aneroid, optical, or mechanically‑driven centrifugal instrument used on aircraft or to operate aircraft, including tachometers, airspeed indicators, pressure gauges drift sights, magnetic compasses, altimeters, or similar mechanical instruments.

Class 2: Electrical

Self‑synchronous and electrical indicating instruments and systems, including remote indicating instruments, cylinder head temperature gauges, or similar electrical instruments.

Class 3: Gyroscopic

An instrument or system using gyroscopic principles and motivated by air pressure or electrical energy, including automatic pilot control units, turn and bank indicators, directional gyros, and their parts, and flux gate and gyrosyn compasses.

Class 4: Electronic

An instrument whose operation depends on electron tubes, transistors, or similar devices, including capacitance type quantity gauges, system amplifiers, and engine analyzers.

2-1193       ACCESSORIES RATINGS AND CLASSIFICATIONS UNDER § 145.59. The accessory rating divides into mechanical, electrical, and electronic classes, based on an article’s principle of operation. (See Table 2‑23, Accessories Ratings and Classifications Under § 145.59.) The combination of functionality and operations of these articles may require the repair station to attain a rating for all three classes, depending on the complexity of the article.

Note:   ASIs must ensure that a repair station obtains the appropriate supporting requirements for the capabilities it is requesting. Using tools, equipment, or data from another manufacturer conflicts with part 43 requirements and the FAA does not endorse this practice.

Note:   The guidance on limited ratings provided in paragraph 2-1188C also applies to limited accessory ratings.

Table 2‑23, Accessories Ratings and Classifications Under § 145.59

Rating

Class

Definitions and Notes

Accessory

Class 1: Mechanical

An accessory that depends on friction, hydraulics, mechanical linkage, or pneumatic pressure for operation, including aircraft wheel brakes, mechanically driven pumps, carburetors, aircraft wheel assemblies, shock absorber struts, and hydraulic servo units.

Class 2: Electrical

An accessory that depends on electrical energy for its operation, and a generator, including starters, voltage regulators, electric motors, electrically driven fuel pumps, magnetos, or similar accessories.

Class 3: Electronic

An accessory that depends on the use of an electron tube transistor, or similar device, including supercharger, temperature, air conditioning controls, or similar electronic controls.

2-1194       LIMITED SPECIALIZED SERVICE RATINGS, § 145.61. An applicant or a certificated repair station that performs specific processes associated with the maintenance, preventive maintenance, or alterations of an article receive limited specialized service ratings. Generally, maintenance functions, performed in accordance with an approved process specification, receive limited specialized service ratings. A limited specialized service rating allows a repair station to perform specific processes associated with the maintenance, preventative maintenance, or alteration of articles, and approve them for return to service.

A.     Limited Specialized Service Rating. All repair stations that have a limited specialized service rating use process specifications, in lieu of manufacturer’s maintenance data, when performing maintenance or alterations. However, just because a repair station uses a process specification does not mean the repair station needs a limited specialized service rating. It is inappropriate for an ASI to initiate action to alter a repair station’s ratings and OpSpecs based solely on the repair station’s use of a process specification.

B.     Processes. The process specification must involve a repair process or work scheme that is novel, unique, or unusual in application, which does not use the manufacturer’s data for approving an article to its original condition, and that specifies repair limits. The repair station’s OpSpecs must contain the specification used in performing that specialized service. The specification could be an FAA- approved military, civil, or applicant‑developed specification. Specialized services would include, but not be limited to, welding, heat treating, plating, and plasma spraying.

Note:   An example of a novel and unique procedure for which a repair station would receive a limited specialized service rating would be the inspection of turbine blades using Krypton gas. This is a unique procedure not normally found or used in industry. Granting of the specialized service rating should only be if the process or procedure is unique, as explained in this example.

C.     Materials and Personnel. The limited specialized service rating would require a repair station to have the housing, facilities, equipment, tools, trained personnel, and data to perform the process on an aviation article. The process specification on the OpSpecs would set forth the minimum standards for performing the generic process (specialized service). For example, the process specification would include an explanation of the housing, facilities, equipment, tools, trained personnel, and data necessary for the overall process. The applicable manufacturer’s maintenance manual, air carrier manual, or other FAA-accepted or FAA-approved data would define the specific parameters associated with performing the process on the particular aviation article.

2-1195        RATING EXAMPLE. Specific ratings issued to a repair station are dependent on the equipment, personnel, technical data, and housing and facilities of the repair station. Depending on how a repair station intends to perform a maintenance function, it may require multiple and or different ratings. For example, to perform ATC transponder testing and inspections as described in part 43 appendix F, or altimeter system tests and inspections as described in part 43 appendix E, the following conditions in Table 2‑24 would prescribe the requirement for different ratings.

Table 2‑24, Authorized Repair Station Ratings for §§ 91.411 and 91.413 Testing

Authorized Repair Station Rating(s)

Condition

Rating(s)

§ 91.411

 

Component removed or installed by repair station.

1. Airframe Class or Limited Airframe, appropriate to airplane or helicopter tested.

Integrated system tested on aircraft without removal or installation, normal operation of system without disassembly of aircraft.

Instrument rating Class I.

Limited Instrument rating appropriate to appliance.

Airframe Class (), appropriate to airplane or helicopter tested.

Limited Airframe, appropriate to airplane or helicopter tested.

Specific components tested on the bench (may not satisfy all requirements).

Instrument rating Class I.

Limited Instrument rating appropriate to appliance.

Airframe Class (), appropriate to airplane or helicopter tested.

Limited Airframe, appropriate to airplane or helicopter tested.

§ 91.413

 

Component removed or installed by repair station.

1. Airframe Class or Limited Airframe, appropriate to airplane or helicopter tested.

Integrated system tested on aircraft without removal or installation, normal operation of system without disassembly of aircraft.

Radio rating Class III.

Limited Radio rating appropriate to appliance.

Airframe Class (), appropriate to airplane or helicopter tested.

Limited Airframe, appropriate to airplane or helicopter tested.

Specific components tested on the bench (may not satisfy all requirements).

Radio rating Class III.

Limited Radio rating appropriate to appliance.

Airframe Class (), appropriate to airplane or helicopter tested.

Limited Airframe, appropriate to airplane or helicopter tested.

2-1196       EXPERIMENTAL AIRCRAFT. When a certificated repair station operator requests an amended OpSpecs to perform maintenance/alteration of aircraft that have received experimental airworthiness certificates, the following should take place:

A.     Formal Request. The repair station operator formally requests, in writing, an amendment to the current OpSpecs including the type of aircraft that will undergo maintenance/alteration and the degree of maintenance/alteration that will take place.

B.     Maintenance/Alteration Plan. With the written request, the certificated repair station operator must submit for the certificate-holding office’s approval a documented detailed maintenance/alteration plan for use in performing the maintenance/alteration.

C.     Plan Criteria. The plan that is to be submitted for approval can be composed of criteria described in the current maintenance regulation, ACs, applicable technical orders, data published by kit manufacturer’s plan designers as a part of the fabrication data, or other information found acceptable to the Administrator.

D.    Issuance and Amendment of OpSpecs. When the certificate-holding office finds the above conditions satisfied and accepts them, amend and issue the OpSpecs. Procedures for subcontracting of work or services must clearly reflect that the item came off an experimental aircraft, engine, or propeller and specifically define the criteria for performing the work.

E.     Reference to Approved Maintenance/Alteration Plan. The amended OpSpecs must incorporate the reference to the approved maintenance/alteration plan for each make/model of aircraft. (See Table 2‑25.)

F.      Aircraft Returning to Service. The repair station will make approval for return to service of aircraft that have received experimental airworthiness certificates upon completion of maintenance/alteration using the following: “I certify that this aircraft (insert make, model, S/N and Registration Number) was maintained/inspected/altered in accordance with the approved maintenance/alteration/ inspection program as delineated in the operations specifications in effect for this (name of repair station) and is in a condition for safe operation. Additionally, the entry will include the total time in service, name, signature, and certificate type and number and/or the number of the repair station.”

Table 2‑25, Sample Experimental Aircraft Ratings and Classifications

Rating

Manufacturer

Make/ Model

Limitations

Limited Airframe

K.D.

Firefly 23

Limited to inspections, removals/installations of components, rigging of controls, installation of equipment, alterations, removal/installation of powerplants, propellers. All work must be accomplished in accordance with the repair station's approved maintenance/alteration plan identified as (insert title of plan), dated (insert date), or other procedures found acceptable to the Administrator.

Limited Powerplant

K.D.

Lycoming/320

Limited to inspections, repairs, removal installation of accessories and components, adjustments, but excluding overhaul or disassembly of turbine engine modules. All work must be accomplished in accordance with the repair station's approved maintenance/alteration plan identified as (insert title of plan), dated (insert date), or other procedures found acceptable to the Administrator.

RESERVED. Paragraphs 2‑1197 through 2‑1210.


5/19/10                                                                                                                         8900.1 CHG 0

Volume 2  Air Operator AND AIR AGENCY Certification and ApplicATION PROCESS

chapter 11  CERTIFICATION OF A PART 145 REPAIR STATION

Section 6  Process the Application of a Domestic Repair Station for Approval Under European Aviation Safety Agency (EASA) Part‑145

2-1341       PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.     Maintenance: 3377, 3669, 3771.

B.     Avionics: 5377, 5669, 5771.

2-1342       OBJECTIVE. This guidance details how a Federal Aviation Administration (FAA) Title 14 of the Code of Federal Regulations (14 CFR) part 145 certificated repair station located in the United States (U.S.) and subject to the terms of the Bilateral Aviation Safety Agreement (BASA) and Maintenance Implementation Procedures (MIP) concluded between the U.S. and certain European countries may qualify to be approved in accordance with European Commission Regulation (EC) No. 2042/2003, Annex II, Part‑145 (hereafter referred to as European Aviation Safety Agency (EASA) Part‑145). This section consists of three parts:

·        Background, paragraphs 2‑1341 through 2‑1346;

·        Initial/amendment procedures for EASA Part‑145 approval, paragraphs 2‑1347 through 2‑1355; and

·        Procedures for EASA continuation approval, paragraphs 2‑1356 through 2‑1363.

A.     EASA is solely responsible for issuing foreign approval outside the European Community. All existing U.S.‑based Joint Aviation Authorities (JAA)/Joint Aviation Requirements (JAR) 145 acceptances were converted to EASA Part‑145 approvals as of November 28, 2004. Therefore, these are subject to obtaining continuation approval every 2 years from EASA.

B.     EASA issues approval certificates, which do not expire but instead are issued for an indefinite period. The certificate holder will be required to demonstrate continued compliance. The EASA certificate number will reference EASA rather then the JAA, but the actual numeric part of the certificate will stay the same. For example, a repair station whose certificate was formerly JAA.4321 would hold the EASA certificate number EASA 145.4321.

2-1343       GENERAL. On July 15, 2002, the European Parliament and the Council of the European Union (EU) adopted EC No. 1592/2002. This legislation required the adoption at the European Community level of binding, uniform aviation safety rules, initially in the fields of aircraft certification and maintenance. A proposed amendment to the regulation would add requirements for aircraft operations and flightcrew licensing. In addition, the legislation established EASA to oversee and enforce EU Member States’ standardized application of the common rules and to carry out certain certification activities directly.

A.     Creation of EASA Guidance Material. The JAA has actively participated in the transposition of JAA requirements into European Commission regulations. On September 24, 2003, EC No. 1702/2003 was published, identifying airworthiness and environmental certification requirements (equivalent to FAA airworthiness engineering and manufacturing regulations). In the field of aircraft maintenance, EC No. 2042/2003 on continuing airworthiness was published on November 20, 2003. It includes four annexes, which are informally referred to by the number of the JAR on which they were based:

·        Annex I (part M);

·        Annex II (part 145);

·        Annex III (part 66); and

·        Annex IV (part 147).

B.     Future of the JAA. The JAA includes member authorities from countries that are not EU Member States or EU candidate members. Non‑EU JAA members are not required to adopt EASA rules, guidance materials, certification specifications, or to rely on the findings of EASA to issue their own certifications. However, because key JAA members are now required to follow EASA rules on aircraft certification and maintenance, the JAA’s role in these areas will diminish. Initially, the JAA will continue to carry out many of these functions under contract to EASA, such as Maintenance Aviation Standardization Team (MAST), and Maintenance International Standardization Team (MIST) visits. EASA will gradually assume leadership in these areas. In addition, EASA has joined the JAA, allowing EASA to participate in the JAA for the benefit of non‑EU members. In the areas of aircraft certification and maintenance, the JAA will likely be reduced to a small governing body to make EASA decisions applicable to other JAA members. The latest information regarding the transition and EASA development is on the EASA Web site (http://www.easa.eu.int).

C.     Discussion. The New EU System and FAA’s Bilateral Agreements.

1)      The FAA has concluded MIPs with its counterpart organizations under BASAs between the U.S. and France, Germany, and Ireland. These agreements allow the FAA to rely on findings made by French, German, and Irish aviation authorities during surveillance and provide the FAA with a recommendation for certification of 14 CFR part 145 foreign repair stations in their respective countries. At the same time, the MIPs allow all 25 EU members to rely on FAA surveillance of EASA‑approved repair stations in the U.S. Current EU member countries are: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
2)      The parties to these agreements have agreed to continue to abide by the existing agreements with some revisions to the special conditions in the MIP. The U.S. is actively negotiating a new agreement with the European Community to replace the BASA/MIPs, as called for in the EASA regulation. However, the revisions to the special condition have resulted in some administrative differences, which require authorities and certificate holders to make minor adjustments to demonstrate compliance under the MIP. The FAA and EASA are not anticipating any major changes that will impact FAA and EASA U.S.‑based domestic repair stations beyond what is currently covered in this guidance and EASA guidance material.
3)      EASA Part‑145 requirements, established by the European Commission, are similar to 14 CFR part 145. EASA Part‑145 has been adopted by all European Community countries as required by European law. EASA Part‑145 includes requirements that repair stations must comply with to qualify as an EASA‑Approved Maintenance Organization (AMO). EASA Part‑145 also includes a requirement specifying that the maintenance of all aircraft registered in the European Community countries that are used in commercial air transport operations must be performed by a maintenance organization holding an EASA Part‑145 approval. To access the EASA Part‑145 documents, visit the EASA Organization Approvals Web page at http://www.easa.europa.eu/ws_prod/c/c_orgapprocaopart145us.php.

2-1344       EASA PART 145 APPROVAL PROCESS. The EASA Part‑145 approval processes provides for interaction between the applicant and the FAA during initial inquiry, EASA Part‑145 approval, and the continuation process. It ensures that the intended methods of compliance with EASA Part‑145 are reviewed, evaluated, and tested thoroughly. The EASA Part‑145 approval process consists of the following five phases:

·        Preapplication Phase;

·        Formal Application Phase;

·        Document Compliance Phase;

·        Demonstration and Inspection Phase; and

·        EASA Approval Phase.

A.     Preapplication Phase.

1)      A repair station certificated under 14 CFR part 145 seeking to apply for initial approval or continuation approval under EASA Part‑145 should inform the Flight Standards District Office (FSDO) with certificate oversight responsibility of its intent to seek EASA approval under EASA Part‑145.
2)      The aviation safety inspector (ASI) processing a request for EASA Part‑145 initial approval or continuation approval should be the principal inspector (PI), principal maintenance inspector (PMI), or principal avionics inspector (PAI) for the applicant.
a)      Upon receipt of the preliminary inquiry, the inspector should send an instruction packet to the applicant that includes EASA Guidance Material for the U.S./European BASA and MIP-G.
b)      MIP‑G describes the conditions the applicant must meet for EASA Part‑145 approval and contains an application for EASA Part‑145 approval. The application documents include:

·        EASA Form 16, European Aviation Safety Agency, USA Repair Station application for initial/continuation/amendment of EASA Part 145 approval in accordance with the FAA/EASA MIP agreement;

·        EASA Form 9, FAA Status Report on EASA Approved Part 145 Repair Stations or Application for EASA Approval;

·        A sample EASA Part‑145 supplement; and

·        A document showing the repair station having a need for the EASA approval (see subparagraph 2‑1349B2) for needed criteria).

EASA forms are available electronically; Forms 9 and 16 are contained in MIP‑G on the EASA Web page (see EASA Web page address and directions in subparagraph 2‑1343C3), above). Please note the Web page address and format may change without notice as EASA updates its Web site.

3)      After the applicant has reviewed the information sent by the inspector, preapplication discussions may be held to resolve any questions the applicant has regarding the application package. Because the applicant already has a 14 CFR part 145 certificate, the inspector should be familiar with the applicant. Any questions regarding the preparation of the application may be resolved verbally. During preapplication discussions with a new applicant, the requirements for the completion of the EASA Part‑145 supplement to the applicant’s Repair Station Manual (RSM) should be discussed specifically. The applicant should be encouraged to use EASA MIP‑G for guidance in developing the EASA Part‑145 supplement to its RSM. The applicant must fill out EASA Form 16, obtain evidence of its need for EASA Part‑145 approval, and prepare its own EASA Part‑145 supplement based on the sample contained in EASA MIP‑G. The applicant must also make any required payments.

B.     Formal Application Phase. To begin the formal application phase, the inspector will receive the applicant’s completed EASA Form 16, EASA supplement, and evidence of need for EASA Part‑145 approval. The inspector should meet with the applicant after receiving the formal application package. All questions regarding the proposed operations as an EASA Part‑145 approved repair station, the formal application, and the EASA supplement should be resolved in this phase.

C.     Document Compliance Phase. In this phase, the inspector thoroughly reviews the application and EASA supplement for acceptance or rejection. This review ensures conformity with applicable EASA Part‑145 requirements, special conditions, and safe operating practices. The inspector in the FSDO performs this phase. The inspector accepts the supplement by providing the repair station with a letter of acceptance.

D.    Demonstration and Inspection Phase. In this phase, the inspector verifies that the applicant’s proposed procedures are effective and that its facilities and equipment meet FAA regulatory requirements and EASA special conditions before forwarding the application to EASA for approval. EASA special conditions can be found in FAA Order 8900.1, Volume 12, Chapter 8, Evaluate an EASA Supplement to a Repair Station’s Manual/Quality Control Manual.

E.     EASA Approval Phase. Once the applicant has met the regulatory requirements of 14 CFR parts 43 and 145 and the EASA special conditions, the inspector will recommend EASA Part‑145 approval of the applicant on EASA Form 9. The inspector will send EASA Form 16 and copies of the applicant’s 14 CFR part 145 certificate and FAA operations specifications (OpSpecs) to the EASA manager of application and certification for issuance of EASA approval certificate under EASA Part‑145. Once EASA receives a positive recommendation from the FAA and proof of initial fee payment, EASA will forward an EASA approval certificate to the repair station. The repair station should forward a copy of the EASA certificate to its respective PI. EASA approval is valid until it is surrendered, superseded, suspended, or revoked and as long as the 14 CFR part 145 air agency certificate remains valid. An EASA approval is subject to a continuation approval every 2 years from the date of initial approval.

2-1345       EASA CONTINUATION APPROVALS. See paragraphs 2‑1356 through 2‑1363, below, for detailed procedures for inspectors.

A.     Conditions for Continuing Approval. Continuation approvals are required every 2 years based on the date of initial approval. Continuation of a repair station’s EASA Part‑145 approval depends on the repair station’s efforts to meet the conditions for EASA approval, including compliance with 14 CFR part 145 and the EASA special conditions, evidence of need for the EASA approval certificate, and successful completion of regularly scheduled FAA inspections. The FAA and EASA must be satisfied that the repair station meets these conditions.

B.     Repair Station Responsibilities in Seeking EASA Continuation Approval. For an EASA continuation approval, the repair station must submit EASA Form 16 in duplicate and evidence of its continued need for EASA approval at least 60 days before its continuation approval expires. The repair station should not submit a new EASA supplement if its current procedures and activities are reflected in its current supplement and the document has been submitted previously to the FAA for acceptance (guidance for evaluating an EASA supplement is in Volume 12, Chapter 8). A repair station seeking EASA continuation approval should check that its EASA supplement reflects its current procedures and activities. Any changes will require a revision of the supplement and resubmission to the FAA. All documentation submitted by the repair station seeking EASA continuation approval, including, if appropriate, any amendment to its EASA supplement, should be sent to the supervising FSDO at least 60 days before the continuation approval is required. Unless significant changes have taken place since the repair station’s last EASA continuation approval, this will ensure continuity of the repair station’s EASA approval.

The repair station must have a procedure in the EASA supplement to forward a copy of the EASA continuation approval letter to the FAA inspector.

C.     FAA Policy and Information.

1)      The repair station should monitor the EASA Web site for future fees and address information. The repair station should not contact its local FSDO regarding fees. Any and all fees associated with EASA are not the responsibility of the FAA.
2)      EASA will send the repair station an invoice regarding fees that are due payment. EC No. 488/2005 provides a fee schedule. Refer to the EASA Web site http://www.easa.europa.eu. Applicants should monitor the EASA Web site for future fees and address information. Applicants should not contact their local FSDO regarding fees; any and all fees associated with EASA are not the responsibility of the FAA.
3)      Occasionally, a repair station might fail to submit the appropriate documentation for continuation approval before its EASA continuation approval expires. The FAA and EASA have agreed that in these situations the EASA continuation approval may be allowed an extension of up to 60 days provided the repair station has demonstrated compliance with 14 CFR parts 43 and 145 and the EASA special conditions. The FAA inspector may process the application in the same manner as if it were submitted on time with no additional action by either the inspector or the repair station. Beyond 60 days, the repair station would be required to submit an application and follow the same process as an initial EASA approval.

D.    Revocation of EASA Part 145 Approval. If EASA determines there is a safety failure or a significant failure to comply with the conditions of approval, there may be a complete or partial revocation of a repair station’s EASA Part‑145 approval. Any repair station wishing to contest the revocation of its EASA Part‑145 approval certificate will have the right of appeal within 21 days against EASA subject to evidence being submitted at the time of the appeal. Any appeal to EASA is addressed to the attention of the executive director of EASA to initiate a conflict resolution process. The repair station’s EASA approval will remain in temporary suspension awaiting the outcome of any appeal. Should a special audit be necessary, the repair station will incur a separate fee for the cost of this audit. There is no right of appeal to the FAA when EASA revokes or limits a repair station’s EASA Part‑145 approval.

2-1346       ACCEPTANCE OF AIR CARRIER LINE STATIONS. While the EASA Part‑145 approval procedure primarily is intended for the acceptance of 14 CFR part 145 certificated repair stations located in the U.S., it can be extended to the line stations of a U.S. air carrier that holds a 14 CFR part 145 certificate. U.S. air carrier line stations located in the U.S. can receive EASA approval if the air carrier holds for at least one of its base maintenance facilities a 14 CFR part 145 certificate that is valid for all operated aircraft types, and is able to show that its quality monitoring system covers operations conducted under both certificates and at the line stations. Each line station exercising the privileges of its EASA approval must be listed in the EASA supplement. The PI should ensure that the repair station of the air carrier meets the requirements of 14 CFR part 145 and the repair station OpSpecs include an authorization to perform line maintenance. The air carrier’s EASA supplement must also have procedures to allow access for and EASA inspection of each line station at EASA’s request. The line station of a U.S. air carrier located outside the U.S. should submit its request for EASA Part‑145 approvals to its PMI. The PMI will then contact the EASA headquarters manager of applications and certification and confirm that the foreign line station is acceptable to EASA.

The manager can be reached at: European Aviation Safety Agency, Manager, Application and Certification, Postfach 10 12 53, D‑50452 Cologne (Koeln), Germany; fax: 49 221 8999 099 or 0999 or 49 221 8999 04532; e-mail: Foreign145@easa.europa.eu; or Web site: http://www.easa.europa.eu.

For line stations located outside the U.S., the PI may request surveillance assistance, as necessary, from the International Field Office (IFO) having geographic responsibility for the country in which the line station is located.

2-1347       INITIAL/AMENDMENTPREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites:

·        Knowledge of the regulatory requirements of 14 CFR parts 43 and 145;

·        Knowledge of the requirements of EASA Part‑145 approval of U.S. repair stations;

·        Successful completion of the Airworthiness Inspector Indoctrination course(s) or equivalent;

·        Successful completion of the domestic and foreign repair station training course 21058 or equivalent; and

·        Previous experience with certification or surveillance of 14 CFR part 145 repair stations.

B.     Coordination. This task requires coordination with the following:

·        Applicant (repair station);

·        Applicant’s PMI or PAI;

·        FAA regional EASA coordinator; and

·        FAA regional and district offices, as appropriate.

2-1348       INITIAL/AMENDMENTREFERENCES, FORMS, AND JOB AIDS.

A.     References:

·        14 CFR parts 43 and 145;

·        Volume 2, Chapter 11, Certification of a Part 145 Repair Station, Section 1, Introduction; Section 2, Procedures for Certificating Part 145 Repair Stations/Satellites Located Within the United States and Its Territories; Section 4, Evaluate a Part 145 Repair Station and Quality Control Manual or Revision;

·        Volume 12, Chapter 8, Evaluate an EASA Supplement to a Repair Station’s Manual/Quality Control Manual; Chapter 6, Support a Maintenance International Standardization Team Visit; and

·        EASA MIP‑G.

B.     Forms:

·        FAA Form 8000‑4, Air Agency Certificate;

·        FAA Form 8000‑4‑1, Repair Station Operations Specifications;

·        EASA Form 9, FAA Status Report on EASA Approved Part 145 Repair Station or Application for EASA Approval; and

·        EASA Form 16, European Aviation Safety Agency, USA Repair Station application for initial/continuation/amendment of EASA Part 145 approval in accordance with the FAA/EASA MIP agreement.

C.     Job Aids. TBD.

2-1349       INITIAL/AMENDMENTPREAPPLICATION PHASE.

A.     Respond to the Preliminary Inquiry.

1)      Upon receipt of a preliminary inquiry from a repair station seeking to apply for initial EASA Part‑145 approval, the PI should send the applicant an application packet that includes EASA MIP-G. EASA MIP-G, found by following the instructions in paragraph 2‑1343C above, includes the following:

·        Guidance on complying with EASA Part‑145 special conditions;

·        A sample EASA supplement; and

·        EASA Form 9 and Form 16.

2)      The preliminary inquiry may be made electronically or by letter or facsimile. An applicant is not required to submit an FAA Form 8400‑6, Preapplication Statement of Intent (PASI).

An applicant seeking approval under EASA Part‑145 must hold a valid repair station certificate issued under 14 CFR part 145 and be located in the U.S. An applicant may not apply concurrently for a repair station certificate and EASA approval.

B.     Conduct Preapplication Discussions. An applicant should conduct a thorough review of the material contained in the application packet to determine the personnel, facility, equipment, procedural, and documentation requirements it must address. After the applicant has reviewed the packet, the inspector should resolve any questions the applicant may have regarding EASA Part‑145 approval. The applicant already has a 14 CFR part 145 certificate; therefore, the inspector should be familiar with the applicant, and any questions regarding the preparation of the application may be resolved verbally.

1)      During any preapplication discussions, the requirements for the completion of the EASA supplement to the applicant’s RSM should be reviewed. The applicant should be encouraged to use EASA MIP‑G for guidance in developing the EASA supplement to its RSM. Guidance for evaluating an EASA supplement is in Volume 12, Chapter 8. The EASA supplement should allow the user to understand its content without further explanation and must not contradict any regulatory requirements.

It is the applicant’s responsibility to develop a supplement that ensures safe operating practices and compliance with EASA requirements and guidance material. The inspector can offer suggestions for improvement but must not write the material.

2)      The applicant should obtain evidence of its need for EASA Part‑145 approval. This evidence may be a letter of intent, contract, or work order from an EASA AMO or an organization that performs maintenance services for a European‑registered aircraft, an EASA‑approved Part‑145 repair station located in the U.S., an EASA‑approved Transport Canada Civil Aviation AM573 certificated maintenance organization located in Canada, or a European airline or air taxi operation.
3)      The applicant should complete EASA Form 16 and submit any required payments.

An initial approval fee should be sent to the EASA account specified on EASA Form 16. EASA will send the repair station an invoice regarding fees that are due payment once the certification package is received with a positive recommendation from the FAA. Electronic transfers should quote the information on page 2 of the latest version of EASA Form 16. The fee is nonrefundable and must be paid in European currency (euros). The EASA fee schedule can be found on the EASA Web site, http://www.easa.europa.eu. The fee for initial certification is 1500.00 euros or $1,965.00 (U.S. dollars); the continuation fee is 1200.00 euros or $1,572.00 at the current rate of exchange. Be advised that fees are subject to change. Repair stations should monitor the EASA Web site for future fee and address information. The applicant should not contact its local FSDO regarding fees. Any and all fees associated with EASA are not the responsibility of the FAA.

2-1350       INITIAL/AMENDMENTFORMAL APPLICATION PHASE.

A.     Receive the Formal Application. The PI must ensure all documents have been submitted and are complete.

1)      For an initial application for EASA approval, the applicant must submit EASA Form 16 in duplicate. The applicant also should submit two copies of its EASA supplement to its RSM/Quality Control Manual (QCM) and evidence of the need for EASA Part‑145 approval. The proposed EASA supplement should conform with the sample EASA supplement contained in MIP‑G and/or in Volume 12, Chapter 8. The FAA requires that two copies of the EASA supplement be submitted. Once accepted by the FAA, one copy will be returned to the repair station, and the second copy will remain on file at the FAA office.
2)      The FAA procedures for processing a request for an amendment of EASA approvals are similar to those used to process a request for initial EASA approval, including the evidence of the repair station’s need for EASA approval. The repair station must submit two copies of EASA Form 16 and any corresponding revisions to its EASA supplement. An amendment of acceptance is necessary for changes to a repair station’s name, ownership, location, or ratings.
3)      An initial approval fee should be sent to the EASA account specified on EASA Form 16. EASA will send the repair station an invoice regarding fees that are due payment once the certification package is received with a positive recommendation from the FAA. EC No. 488/2005 provides a fee schedule. Refer to the EASA Web site, http://www.easa.europa.eu. Applicants should monitor the EASA Web site for future fees and address information. Applicants should not contact their local FSDO regarding fees; any and all fees associated with EASA are not the responsibility of the FAA.

The inspector should ensure that the applicant is aware that application for EASA Part‑145 approval requires payment of a fee; however, the inspector is not required to determine if the applicant has paid the fee.

B.     Evaluate the Application Package. The inspector must determine whether to continue with the EASA approval process based on an initial survey of the application package. The inspector should verify the applicant has submitted a completed EASA Form 16, EASA supplement, and evidence of its need for EASA Part‑145 approval. Guidance for evaluating an EASA supplement is in Volume 12, Chapter 8.

C.     Conduct Further Application Discussions. Any open questions concerning the package must be answered before proceeding to the next phase. This can be accomplished through meetings, correspondence, or any other effective means.

2-1351       INITIAL/AMENDMENTDOCUMENT COMPLIANCE PHASE.

A.     Review the Application Package. The inspector must review the content of each submitted document for compliance with EASA requirements. The EASA supplement to the applicant’s RSM/QCM should be reviewed in accordance with EASA MIP‑G (Volume 12, Chapter 8). The inspector should review the applicant’s EASA Form 16 for completion and ensure that evidence of the applicant’s need for EASA approval has been included.

Not all EASA special conditions identified in MIP‑G and Volume 12, Chapter 8 apply to all repair stations. Some elements only apply to airframe‑rated repair stations.

B.     Document Any Deficiencies. If deficiencies are found in any document, the inspector should return it to the applicant with a letter outlining the deficient areas. The inspector also should inform the applicant that the application process will not continue until all document deficiencies have been corrected.

2-1352       INITIAL/AMENDMENTDEMONSTRATION AND INSPECTION PHASE.

A.     Review for Initial Approval. During initial certification, the PI should ensure through review of the supplement and onsite visit that the applicant has the capability to meet the following:

1)      The assigned inspector will perform an inspection of the repair station for compliance with 14 CFR parts 43 and 145 and the EASA supplement. The inspector is not required to check for compliance with 14 CFR parts 43 and 145 if the repair station was subject to an inspection within the past 90 days and no findings or discrepancies were found.
2)      The inspector must review the repair station’s compliance with those items specified on EASA Form 9, as applicable.
3)      The inspector will also perform the following:
a)      Confirm that the applicant’s EASA supplement generally is available throughout the facility; and
b)      Verify that the applicant has established an effective internal quality audit and is correcting any findings or discrepancies identified. For an initial application this may be accomplished by reviewing the EASA manual supplement and ensuring the internal quality system meets the requirements of Volume 12, Chapter 8, and EASA MIP‑G.
c)      When reviewing the findings of the repair station’s internal quality system/internal quality audit’s findings, the inspector should regard the internal quality system findings as a self‑disclosure process and should not process violations on these findings. The inspector should recommend to the repair station that it submit the identified findings in accordance with FAA voluntary disclosure procedures. However, if the inspector notes findings that represent intentional violations or systemic problems within the repair station, normal FAA investigation procedures should be followed. Note that under the agreement, EASA recognizes the FAA self‑disclosure process when the repair station meets the guidance provided in AC 00‑58 (current edition), Voluntary Disclosure Reporting Program. Freedom of Information Act (FOIA) restrictions would not apply in the case of EASA being notified of the corrective action plan, because the findings may directly impact their certificate. Form 9 should be completed, identifying the findings, and the corrective action plan should be attached.

B.     Inspect Applicants Seeking Amendment of Acceptance. Depending on the nature of the proposed amendment, it may be necessary for the FAA to perform a limited inspection of the repair station seeking an amendment of its EASA Part‑145 approval.

C.     Analyze and Document Any Deficiencies.

1)      If deficiencies are noted, the inspector must brief an appropriate representative of the repair station at the end of the inspection, confirm any findings, notify the applicant in writing within 2 weeks, and if appropriate, meet with the applicant to review the deficiencies in detail.
a)      For an initial application, all deficiencies noted by the inspector must be corrected within 60 days of the inspector’s notification to the applicant. If the deficiencies have not been corrected within 60 days, the inspector will terminate the application. The inspector may extend the 60‑day period if the applicant demonstrates an ability and willingness to correct the noted deficiencies.
b)      For an initial application, the inspector must not forward EASA Form 9 or any accompanying material to EASA until the applicant corrects all significant findings/discrepancies. If the applicant is applying for initial acceptance and has an alleged part 43 and 145 finding/discrepancy being processed for possible enforcement action, the inspector will advise EASA of the enforcement action on EASA Form 9 but cannot withhold a positive recommendation. The decision for EASA approval lies with EASA; the FAA obligation is to advise EASA of the findings/discrepancies.
2)      The applicant must notify the inspector when all deficiencies have been corrected, if corrective action must be taken in order for the process to continue. Each deficiency and corrective action must be documented and recorded in the applicant’s certification file. The inspector must notify the FAA regional EASA coordinator of all deficiencies that have not been corrected, any problem that may result in denial of initial EASA approval, any issues that require consultation with EASA, or any other actions that must be coordinated with EASA by the applicant.

All nonrecommendation for EASA approvals (initial/continuation/amendment) should be coordinated with the FAA regional EASA coordinator. The regional office EASA coordinator should act as the point of contact between the FAA and EASA.

2-1353       INITIAL/AMENDMENTEASA APPROVAL PHASE.

A.     Prepare EASA Form 9.

1)      To recommend EASA Part‑145 approval of an applicant, the inspector should be satisfied with the proposed EASA supplement, any amendments (if applicable), and any inspections the FAA has performed. The inspector will recommend acceptance of the applicant to EASA by preparing EASA Form 9.
2)      On page 1 of EASA Form 9, each block must be checked “Yes” or “N/A”, as applicable. This is an initial approval; therefore, there should be no outstanding findings.

The PI should insert “YES” in the last block at the bottom of page 1 of EASA Form 9, indicating the EASA supplement has been accepted by the FAA.

3)      For an initial certification the inspector must not forward EASA Form 9 or any accompanying material to EASA until the repair station corrects all significant findings/discrepancies. If the repair station is applying for an initial EASA approval and has an alleged finding/discrepancy being processed for possible enforcement action, the inspector will advise EASA of the enforcement action on EASA Form 9 but cannot withhold a positive recommendation.
4)      Inspectors must not delay or submit EASA Form 9 with a nonrecommendation based on pending enforcement actions or an enforcement action that has not been dispositioned by FAA legal council.

B.     Report Repair Station Status Changes on EASA Form 9. Report any change to the status of the repair station 14 CFR part 145 certificate, such as surrender, suspension, or revocation, and any serious failure of the repair station to comply with 14 CFR part 145 that could result in certificate action. The inspector will report this information on EASA Form 9. For reporting uncorrected findings or discrepancies, the inspector will leave the date‑corrected column blank. Revocation of a repair station 14 CFR part 145 certificate automatically invalidates its EASA approval.

1)      EASA recommends that the following items are reportable as recommendations when the repair station has taken corrective action, or has submitted a plan for corrective action that the FAA has accepted. Any enforcement action taken as a result of the findings/discrepancies will not affect the FAA providing EASA with a recommendation for continuation of the repair station’s EASA Part‑145 approval. The corrective action plan must be attached to Form 9.

·        Serious failure to comply with EASA requirements.

·        Overall failure to comply with the EASA supplementary conditions.

·        Failure to use FAA‑approved data for major repairs/alterations/modifications.

·        Failure of the repair station to maintain a working quality monitoring system.

2)      The FAA should provide EASA with a nonrecommendation when the FAA has found significant safety issues using the criteria above and corrective action has not been taken or the FAA has not accepted a plan for corrective action. EASA may elect not to authorize continuation approval or amend an EASA approval until corrective action has taken place or a plan for corrective action has been accepted by the FAA and submitted with EASA Form 9.

Withdrawal of FAA certification will result in withdrawal of EASA approval because EASA certification is based on compliance with 14 CFR part 145 and EASA special conditions. The FAA obligation under the agreement is to inform EASA of findings, thereby allowing EASA to make the final determination of the action to be taken.

C.     Process the Recommendation for EASA Part 145 Approval. The inspector will send the following items by mail, facsimile, or electronic mail to European Aviation Safety Agency, Manager, Application and Certification, Postfach 10 12 53, D‑50452 Cologne (Koeln), Germany; fax: 49 221 8999 099 or 0999; e‑mail: Foreign145@easa.europa.eu; or Web site, http://www.easa.europa.eu:

·        EASA Form 9;

·        EASA Form 16;

·        A copy of the applicant’s FAA certificate and OpSpecs; and

·        Any line station appendix from the EASA supplement, if appropriate.

PI may e‑mail the certification package to EASA, provided the EASA Forms 16 and 9 contain electronic signatures. The FAA OpSpecs and certificate must be e‑mailed as a PDF file to: Foreign145@easa.europa.eu.

D.    Receive Copy of EASA Part 145 Approval. After EASA receives a completed recommendation from the FAA and is satisfied that the applicant meets all regulatory requirements, it will send an EASA Part‑145 approval certificate and an invoice regarding fees that are due payment to the repair station. The inspector should ensure that the repair station has a provision in the EASA supplement to forward a copy of the EASA continuation approval letter to the inspector. EASA will list the applicant as EASA-approved Part‑145 in the list of EASA‑approved Part‑145 organizations, which can be obtained on the EASA Web site.

2-1354       INITIAL/AMENDMENTTASK OUTCOMES.

A.     Complete PTRS Record.

B.     Complete the Task. Completion of the task will result in the following;

1)      For a successful application:
a)      Issuance of an EASA Part‑145 approval certificate to the applicant by EASA.
b)      Revision of OpSpec A001, Issuance and Applicability, of a new applicant’s OpSpecs is to include the following (or equivalent) language: “The repair station specified on these OpSpecs and located within the domestic United States performs maintenance and/or alteration of aircraft and/or aeronautical products to be installed on aircraft under the terms and conditions of Bilateral Aviation Safety Agreement and associated Maintenance Implementation Procedures between the Federal Aviation Administration and a Foreign National Aviation Authority, identified in the Interim BASA/MIP Guidance.” This is one of the paragraph (d)s of OpSpec A001 for domestic U.S. repair stations. The other paragraph (d) of OpSpec A001 is to be used by FAA IFO working under a BASA/MIP.
c)      Updating the Vital Information Subsystem (VIS) by completing all relevant data fields to indicate that the applicant is EASA‑approved.
d)      Returning one copy of the EASA supplement to the applicant.
e)      Filing a copy of the EASA supplement, EASA Form 16, and EASA Form 9 in the applicant’s office file.
2)      For an unsuccessful application, because the applicant terminated the process or failed an inspection, all copies of the EASA supplement and EASA Form 16 will be returned to the applicant with a letter explaining all deficiencies.

C.     Document the Task. File all supporting paperwork in the repair station’s office file; this includes EASA Form 16, EASA Form 9, and a copy of the evidence of need provided by the repair station. Update the VIS. The inspector also will enter on the repair station file that the applicant will be FAA‑certificated, EASA‑approved, and add EASA supplement aspects to all future FAA inspections of the applicant’s facility. A copy of the applicant’s EASA supplement together with its 14 CFR part 145 RSM/QCM will be maintained at the FSDO. EASA does not require a copy of either the applicant’s manual or EASA supplement.

2-1355       INITIAL/AMENDMENTFUTURE ACTIVITIES.

A.     Surveillance Planning. When the EASA Part‑145 approval process is complete, surveillance planning and scheduling for the applicant must be revised to include surveillance and inspections for compliance with 14 CFR part 145 and EASA special conditions.

B.     MIST Visits. Although JAA MIST visits are separate from the inspections discussed earlier in this chapter, they will provide information valuable to inspectors. Such teams will visit each FAA region every 1 to 2 years to sample standards of compliance achieved by 14 CFR part 145 applicants who are EASA‑approved under the BASA/MIP process. In most cases, the MIST performs a snapshot audit of a number of 14 CFR part 145, but may perform a more in‑depth inspection in any particular case. The PI assigned to an applicant being visited by a MIST will accompany the MIST during the visit. (See Volume 12, Chapter 6, for MIST procedures).

The MIST teams identified above were a JAA function for many years. EASA will continue the JAA MIST team process by using and adopting the JAA system. EASA will assume its own version of MIST visits in the future once the standards organizations of EASA develop policies and procedures for sample audits under a BASA/MIP.

2-1356       CONTINUATION APPROVALPREREQUISITES AND COORDINATION REQUIREMENTS. Same as paragraph 2‑1347, above.

2-1357       CONTINUATION APPROVALREFERENCES, FORMS, AND JOB AIDS. Same as paragraph 2‑1348, above.

2-1358       CONTINUATION APPROVALEASA PART 145 CONTINUATION APPROVAL PROCESS.

A.     Report Changes to the 14 CFR Part 145 Certificate. During the 2‑year period the repair station’s EASA approval is valid, the inspector will report to EASA any change in the status of the repair station’s 14 CFR part 145 certificate, such as its surrender, suspension, or revocation, and any serious failure of the repair station to comply with 14 CFR part 145 that could result in FAA taking certificate action. The inspector will report this information on EASA Form 9. For reporting of uncorrected findings or discrepancies, the inspector will leave the date corrected and file reference columns blank. The inspector should attach any plan for corrective action to EASA Form 9. Revocation of a repair station’s 14 CFR part 145 certificate automatically invalidates its EASA approval. If EASA fails to issue a continuation approval for any reason other than an enforcement action, the inspector should advise the repair station to contact EASA immediately. EASA will advise the repair station and the FAA inspector if the EASA certificate will remain valid until EASA is able to determine the source of the problem; e.g., administrative or nonpayment of fees.

Notification to EASA of a violation does not relieve an inspector of the responsibility to process a violation for FAA enforcement action. An FAA inspector, however, cannot process an action for enforcement if the basis for the action is a violation of the EASA special conditions but not a violation of 14 CFR.

B.     Report Failures to Comply with the EASA Supplement. The inspector will also report to EASA any failure of the repair station to comply with its EASA supplement and any other significant findings and discrepancies. This notification is especially critical when a repair station fails to use design engineering data approved by EASA for major repairs or when a repair station fails to carry out internal audits and maintain an independent quality monitoring system. These reports for EASA are made on EASA Form 9.

Inspections of repair stations seeking EASA continuation approval will be aligned with the existing repair station facility inspection program of the inspector. Should this result in the inspector being unable to process the EASA Form 9 recommendations for continuation before the EASA continuation approval is due, the EASA continuation may need to be adjusted to ensure reasonable alignment with the inspector’s program. The inspector must coordinate with EASA through the FAA regional EASA coordinator to extend the EASA continuation date to allow for the accomplishment of the facility inspection at the date specified in the inspector’s program. The intent of the agreement is to recognize the FAA surveillance system. Every effort should be made to include EASA requirements with the PI’s annual surveillance program.

2-1359       CONTINUATION APPROVALDOCUMENT COMPLIANCE PHASE.

A.     Review Completed EASA Form 16. The inspector should verify that the repair station has submitted a completed EASA Form 16, EASA supplement revisions (as applicable), and evidence of its need for EASA Part‑145 approval, if applicable (guidance for evaluating an EASA supplement is in Volume 12, Chapter 8). The evidence of need may be a letter of intent, contract, or work order from an EASA AMO or an organization that performs maintenance services for a European‑registered aircraft, an EASA‑approved 14 CFR part 145 repair station located in the United States, an EASA‑approved Transport Canada Civil Aviation AM573 certificated maintenance organization located in Canada, or a European airline or air taxi operation.

Revisions to the repair station’s EASA supplement that reflect changed procedures, but do not change the nature of the repair station’s EASA Part‑145 approval, must be submitted by the repair station to the inspector for review and acceptance. Once the revision is submitted to the FAA, the repair station may implement the revision unless notified otherwise by the FAA. Submission of EASA Form 16 is not required for such revisions.

B.     Review EASA Supplement. The inspector should verify that the repair station has a provision in the EASA supplement to forward a copy of the EASA continuation approval letter to the inspector once receiving it from EASA.

2-1360       CONTINUATION APPROVALDEMONSTRATION AND INSPECTION PHASE.

A.     Review/Inspect the Repair Station for EASA Continuation Approval. The PI should ensure through review of the supplement and onsite visit that the repair station has the capability to meet the following:

1)      The assigned inspector will perform an inspection of the repair station for compliance with 14 CFR parts 43 and 145 and the EASA supplement. This is accomplished when the inspector is completing his or her normal annual work program.
2)      The inspector must review the repair station’s compliance with those items specified on EASA Form 9.
3)      The inspector will also perform the following:
a)      Confirm that the repair station EASA supplement generally is available throughout the facility; and
b)      Confirm whether any work has been performed for an EASA customer since the last inspection. If work has been or currently is being performed for an EASA customer, the inspector will verify the following:

1.       For satisfactory standards and the associated maintenance records for clarity and completeness, or if the product has been returned to the customer, sample the associated maintenance records. The inspector should pay particular attention to the approved data used for major repairs and modifications for aircraft components. The inspector should verify that an FAA Form 8130‑3, Airworthiness Approval Tag, approval for return to service document is issued by the repair station.

2.       Verify that aircraft maintenance only is performed in the hangar, except in the case of line maintenance performed by a repair station also operating as a 14 CFR part 121 air carrier.

3.       Verify that the repair station has established an effective internal quality audit system and is correcting any findings or discrepancies identified.

4.       Verify whether air carrier line stations, as applicable, are included in the repair station’s internal quality system/internal quality audit system. This is accomplished by reviewing records of the quality monitoring system/internal quality audit system to verify the air carrier/repair station has performed audits of its EASA‑accepted line stations as identified in the EASA supplement.

5.       When reviewing the findings of the repair station’s internal quality system/internal quality audits findings, the inspector should regard the quality system findings as a self‑disclosure process and should not process violations on these findings. The inspector should recommend to the repair station that it submit the identified findings in accordance with FAA voluntary disclosure procedures. However, if the inspector notes findings that represent intentional violations or systemic problems within the repair station, normal FAA investigation procedures should be followed. Note that under the agreement EASA recognizes the FAA self‑disclosure process when the repair station meets the guidance provided in AC 00‑58 (current edition). FOIA restrictions would not apply in the case of EASA being notified of the corrective action plan, because the findings may directly impact their EASA certificate. EASA Form 9 should be completed, identifying the findings, and the corrective action plan should be attached.

B.     Review and Complete EASA Form 9. For a repair station seeking EASA Part‑145 continuation approval, the inspector must ensure the repair station has been subject to two complete inspections during the preceding 2‑year period to determine compliance with 14 CFR part 145 and EASA special conditions. The inspector should identify the dates of the previous year’s surveillance at the bottom of page 1 of EASA Form 9 marked “FAA OVERSIGHT AUDIT” and the date of the current year’s surveillance at the bottom of page 2 in the recommendation or nonrecommendation block of EASA Form 9. Before completing EASA Form 9, the inspector must be satisfied that the repair station is in compliance with both 14 CFR parts 43 and 145 and with the EASA supplement conditions. Any significant findings/discrepancies found during the preceding 2‑year period must be listed together with the corrective action taken on EASA Form 9 and forwarded to the EASA manager of application and certification.

If any repair station elects not to pursue an EASA continuation approval, the PMI/PAI will complete an EASA Form 9 with the name, address, and certificate number in the appropriate section. In the FAA oversight section, write “NONCONTINUATION” and complete the nonrecommendation block. Forward the EASA Form 9 to EASA using the address specified in Section 1, paragraph 11 of the form.

C.     Analyze and Document Any Deficiencies.

1)      If deficiencies are noted, the inspector must brief an appropriate representative of the repair station at the end of the inspection, confirm any findings, notify the repair station in writing within 2 weeks, and if appropriate, meet with the repair station management to review the deficiencies in detail.
2)      The inspector may allow the repair station to submit a plan for corrective action, depending on the nature of the deficiencies. If the plan for corrective action is satisfactory, the inspector will submit the corrective action plan along with the completed EASA Form 9 recommending the repair station for EASA approval. If the repair station fails to correct the deficiencies or to provide a plan for corrective action prior to the expiration of its EASA approval, the inspector will terminate the repair station continuation approval process, and submit EASA Form 9 to EASA with a nonrecommendation for continuation approval. In the event of unusual circumstances (for example, a short period of time between the inspection and the expiration date), the PI should contact the regional office coordinator, who in turn will advise EASA of the circumstances and obtain EASA concurrence with the FAA recommendation to extend the continuation date. EASA may extend the duration of the repair station EASA approval for a reasonable period of time. It is not necessary for the PI to make adjustments to the OpSpecs or VIS because the short extension authorized by EASA would only lead to duplication of effort.

All nonrecommendation for EASA approvals (initial/continuation/amendment) should be coordinated with the FAA regional EASA coordinator. The regional office EASA coordinator should act as the point of contact between the FAA and EASA.

2-1361       CONTINUATION APPROVALEASA APPROVAL PHASE.

A.     Prepare EASA Form 9.

1)      To recommend EASA Part‑145 continuation approval, the inspector should be satisfied with the proposed EASA revision to the supplement, if applicable, and any inspections the FAA has performed. The inspector will recommend acceptance of the repair station to EASA by preparing EASA Form 9.
2)      EASA Form 9 should be used during the surveillance of the repair station. Page 1 of EASA Form 9 must have the applicable blocks marked “Yes” or “N/A”. If a block is marked “No”, the inspector must identify the finding and/or corrective action on page 2 of EASA Form 9 in the findings/discrepancies block.

EASA has added a block at the bottom of page 1 of EASA Form 9. The PI should insert “YES” in the last block at the bottom of page 1. This indicates the EASA supplement has been accepted by the FAA.

3)      For a repair station seeking an EASA continuation approval, the inspector must include on EASA Form 9 a list of the significant findings/discrepancies found during the preceding 2‑year period.
4)      Inspectors must not delay or submit EASA Form 9 with a nonrecommendation based on pending enforcement actions or an enforcement action that has not been dispositioned by FAA legal council. The inspector must submit a recommendation for renewal and describe the potential violation of the findings in the discrepancies block of EASA Form 9.

B.     Follow EASA Policy for EASA Form 9 Reporting Requirements.

1)      Report any change to the status of the repair station 14 CFR part 145 certificate, such as surrender, suspension, or revocation and any serious failure of the repair station to comply with 14 CFR part 145 that could result in certificate action. The inspector will report this information on EASA Form 9. For reporting uncorrected findings or discrepancies, the inspector will leave the date‑corrected column blank.
2)      If EASA fails to issue a continuation approval for any reason other than an enforcement action, the inspector should advise the repair station to contact EASA immediately. EASA will advise the repair station and the FAA inspector if the EASA certificate will remain valid until EASA is able to determine the source of the problem (administrative or nonpayment of fees has been a past problem).

C.     Follow EASA Recommendation Policy.

1)      EASA recommends the following items are reportable as recommendations when the repair station has taken corrective action, or has submitted a plan for corrective action that the FAA has accepted. Any enforcement action taken as a result of the findings/discrepancies will not affect the FAA providing EASA with a recommendation for continuation of the repair station’s EASA Part‑145 approval. The corrective action plan must be attached to EASA Form 9.

·        Serious failure to comply with EASA requirements.

·        Overall failure to comply with the EASA supplementary conditions.

·        Failure to use FAA‑approved data for major repairs/alterations/modifications.

·        Failure of the repair station to maintain a working quality monitoring system.

2)      The FAA should provide EASA with a nonrecommendation when the FAA has found significant safety issues using the criteria above and corrective action has not been taken or the FAA has not accepted a plan for corrective action. EASA may elect not to authorize continuation approval or amend an EASA approval until corrective action has taken place or a plan for corrective action has been accepted by the FAA and submitted with the EASA Form 9.

Withdrawal of FAA certification will result in withdrawal of EASA approval because EASA certification is based on compliance with 14 CFR part 145 and EASA special conditions. The FAA obligation under the agreement is to inform EASA of findings, thereby allowing EASA to make the final determination of the action to be taken.

3)      During the 2‑year period the repair station’s EASA approval is valid, the inspector will report to EASA any change in the status of the repair station’s 14 CFR part 145 certificate, such as its surrender, suspension, or revocation, and any serious failure of the repair station to comply with 14 CFR part 145 that could result in FAA taking certificate action. The inspector will report this information on EASA Form 9. For reporting of uncorrected findings or discrepancies, the inspector will leave the date corrected and file reference columns blank. The inspector should attach any plan for corrective action to EASA Form 9. The PI should complete EASA Form 9 when a repair station moves or has a relocation that would cause an address change.

D.    Process the Recommendation for EASA Part 145 Approval. The inspector will send the following items by mail, facsimile, or electronic mail to European Aviation Safety Agency, Manager, Application and Certification, Postfach 10 12 53, D‑50452 Cologne (Koeln), Germany; fax: 49 221 8999 099 or 0999 or 49 221 8999 04532; e‑mail: Foreign145@easa.europa.eu; or Web site, http://www.easa.europa.eu:

·        EASA Form 9;

·        EASA Form 16;

·        A copy of the repair station’s FAA certificate and OpSpecs; and

·        Any line station appendix from the EASA supplement, if appropriate.

The PI may e‑mail the certification package to EASA, provided EASA Form 16 and 9 contain electronic signatures. The FAA OpSpecs and certificate must be e‑mailed as a PDF file to Foreign145@easa.europa.eu.

E.     Receive a Copy of EASA Part 145 Continuation Approval. After EASA receives a completed recommendation from the FAA, is satisfied that the repair station meets all regulatory requirements, and obtains proof of any required fee payment, it will forward an EASA Part‑145 continuation approval letter to the repair station. EASA will list the repair station as EASA Part‑145 approved in the list of EASA‑approved Part‑145 organizations, which can be obtained on the EASA Web site.

2-1362       CONTINUATION APPROVALTASK OUTCOMES.

A.     Complete PTRS Record.

B.     Complete the Task. Completion of the task will result in the following:

1)      For a successful application:
a)      Issuance of an EASA Part‑145 continuation approval letter by EASA;
b)      Updating the VIS by updating all relevant data fields to indicate that the repair station is EASA‑approved;

When updating VIS block 2, the next continuation approval due date will be calculated using 2‑year intervals from the initial approval date. However, it is preferred that the ASI visit the EASA Web page for EASA foreign approvals and use the same continuation date as recorded on the EASA Web site noting that the EASA date is recorded by day/month/year and every 2 years thereafter. The EASA Foreign Approval web address can be found in subparagraph 2‑1343C3).

c)      Returning one copy of the EASA revised supplement/section to the repair station, as applicable; and
d)      Filing a copy of the EASA revised supplement/section, EASA Form 16, and EASA Form 9, including any plan for corrective action, in the repair station’s office file.

C.     Document the Task. File all supporting paperwork in the repair station’s office file; this includes EASA Form 16, EASA Form 9, and a copy of the evidence of need provided by the repair station. Update the VIS. The inspector also will enter on the repair station’s file that the repair station will be FAA‑certificated, EASA‑approved, and add EASA supplement aspects to all future FAA inspections of the repair station’s facility. A copy of the repair station’s EASA supplement together with its 14  CFR part 145 RSM will be maintained at the FSDO. EASA does not require a copy of either the repair station’s manual or EASA supplement.

1)      Once a copy of the EASA letter of continuation approval is received from the repair station, the inspector should place that copy in the repair station file.
2)      For an unsuccessful or nonrecommendation for EASA continuation approval:
a)      Return both copies of the EASA supplement and EASA Form 16 to the repair station.
b)      Contact the regional coordinator and describe the situation that provoked the nonrecommendation for continuation approval.
c)      Retain a copy of EASA Forms 9 and 16 and supporting information in the repair station’s office file.
d)      Any repair station wishing to contest the revocation or nonrecommendation of continuation approval of its EASA Part‑145 certificate will have the right of appeal within 21 days against EASA subject to evidence being submitted at the time of the appeal. Any appeal to EASA is addressed to the attention of the Executive Director of EASA to initiate a conflict resolution process. The repair station’s EASA approval will remain in temporary suspension awaiting the outcome of any appeal. Should a special audit be necessary, the repair station will incur a separate fee for the cost of this audit. There is no right of appeal to the FAA when EASA revokes or limits a repair station’s EASA Part‑145 approval.

2-1363       CONTINUATION APPROVALFUTURE ACTIVITIES.

A.     Surveillance Planning. When the EASA Part‑145 continuation approval process is complete, surveillance planning and scheduling for the repair station must be revised to include surveillance and inspections for compliance with 14 CFR part 145 and EASA special conditions.

B.     MIST Visits. Although JAA MIST visits are separate from the inspections discussed earlier in this chapter, they will provide information valuable to inspectors. Such teams will visit each FAA region every 1 to 2 years to sample standards of compliance achieved by 14 CFR part 145 repair stations that are EASA‑approved under the BASA/MIP process. In most cases, the MIST performs a snapshot audit of a number of 14 CFR part 145 repair stations, but may perform a more in‑depth inspection in any particular case. The PI assigned to a repair station being visited by a MIST will accompany the MIST during the visit.

The MIST teams identified above were a JAA function for many years. EASA will continue the JAA MIST team process by using and adopting the JAA system. EASA will assume its own version of MIST visits in the future once the standards organizations of EASA develop policies and procedures for sample audits under a BASA/MIP.

RESERVED. Paragraphs 2‑1364 through 2‑1380.


4/29/10                                                                                                                         8900.1 CHG 0

Volume 3 GENERAL TECHNICAL ADMINISTRATION

chapter 3  ISSUE A CERTIFICATE OF WAIVER OR AUTHORIZATION—14 CFR SECTION 91.311 (BANNER TOWING)

Section 1  Issue a Certificate of Waiver or Authorization—Section 91.311 (Banner Towing)

3-61               PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1220.

3-62          OBJECTIVE. The objective of this task is to determine if an applicant is eligible for issuance of a certificate of waiver or authorization for banner tow operations. Successful completion of this task results in issuance of a certificate or disapproval of the application.

3-63          GENERAL.

A.     Authority. Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.311, provides for the issuance of a Certificate of Waiver or Authorization for aircraft banner tow operations.

B.     Definition. A banner is an advertising medium supported by a temporary framework attached externally to the aircraft and towed behind the aircraft.

C.     Eligibility. Operators of either standard or restricted category aircraft may apply for a certificate to engage in banner tow operations. Operators of restricted category aircraft may also be required to operate under the provisions of a waiver to § 91.313(e).

D.    Federal Statutory Mandates. See Figure 3‑14, PL 108‑109, Section 521, Reference Information: Public Laws Associated with Tasks of this Handbook, for guidance regarding applicable statutory mandates for banner tow operations. Please note: This information is subject to change or cancellation.

E.     Forms Used. Federal Aviation Administration (FAA) Form 7711‑2, Application for a Certificate of Waiver or Authorization (Figure 3‑6), is a multipurpose form used to apply for FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑7). The items that apply to banner tow operations are listed in subparagraph 3‑68C.

F.      Submission. An applicant requesting a certificate is responsible for the completion and submission of FAA Form 7711‑2. The application should be submitted a minimum of 30 days before the banner tow activity will take place.

G.    Approval or Disapproval.

1)      Applications for banner tow operations are processed at the Flight Standards District Office (FSDO) having jurisdiction over the area where the banner tow operator’s principal business office is located. An approved FAA Form 7711‑1 or disapproval of the application must be issued by the FSDO as soon as possible after receipt of the application. Upon approval, FAA Form 7711‑2 becomes a part of FAA Form 7711‑1. The jurisdictional FSDO manager or his/her designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO, signs the certificate upon approval.
2)      When an operator is issued an authorization for a specific geographic area and wishes to operate in another geographic area, there is no need to issue another authorization. The original issuing FSDO will amend the authorization to include the new jurisdiction by amending the authorization, keeping the original expiration date. If the operator wishes to operate nationally, it is acceptable to issue an authorization for the “Contiguous United States.”

H.    Expiration. FAA Form 7711‑1 expires 24 calendar‑months from the date of issuance. A certificate may be reissued after a properly completed FAA Form 7711‑2 is submitted to and processed by the FSDO.

I.       Vital Information Subsystem (VIS) Office File. The inspector should establish an operator VIS record of all operators issued certificates, except for those operators issued a certificate for a one‑time operation.

3-64          REVIEW OF FAA FORM 7711‑2. Upon receipt, the application should be reviewed for obvious discrepancies. The information submitted by the applicant on FAA Form 7711‑2 must not be altered by the issuing office. In the event the application is not correct, it should be returned to the applicant immediately.

A.     Items 1 and 2. If the applicant is a representative of an organization, the organization’s name should appear in item 1. The name of the individual and his/her position or authority to represent the organization (e.g., the “responsible person”) should appear in item 2. If the applicant is not representing others, the term “N/A” should be entered in item 1 and the applicant’s name entered in item 2.

B.     Item 4. A pilot of a civil aircraft may conduct banner tow operations in accordance with a Certificate of Waiver or Authorization issued by the Administrator.

C.     Item 5. It is sufficient for the applicant to use the term “aerial advertising/banner tow operations” to describe the type of operation.

D.    Item 6. The applicant should list the geographic area(s) where the banner tow operation will be conducted. If the operator has a national operation, it is acceptable to issue an authorization for the “Contiguous United States.” If the operator wishes to include those states or territories outside the contiguous United States, such as Alaska or Puerto Rico, simply add them.

E.     Item 7. The applicant should list the dates for the banner tow operation in this item. The dates requested must not exceed 24 calendar‑months. In cases involving one‑time operations where the applicant has not indicated an alternate date, the inspector should advise the applicant to request alternate dates in order to prevent the need for reapplication.

F.      Item 8. At the time the application is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular banner tow operation. The application may be accepted with a notation in item 8 that a list will be provided at a later specified date. This list must be presented before the certificate is issued.

3-65          CERTIFICATE ISSUANCE.

A.     Inspector Considerations.

1)      The inspector must determine whether a banner will create a hazard to persons or property if deliberately or inadvertently dropped. A banner tow operation is conducted “around” an open air assembly rather than “over” an open air assembly of persons, so the likelihood of dropping a lead banner pole on an assembly of persons is reduced. Most banners are constructed so that they perform as a self contained parachute with the weighted lead pole descending at an arrested rate when released.
2)      The inspector must be satisfied that all pilots listed on the application are competent to perform their duties by confirming each pilot has:

·        A reliable record of past experience,

·        Demonstration of sample pickup to a FSDO operations inspector, and

·        A reliable record of successful completion of a banner towing training program.

3)      At least one pickup and drop of the maximum number of letters (panels) to be used by the certificate holder must be demonstrated. This demonstration should be observed from the ground to allow the inspector to evaluate the competence of any essential ground personnel as well as the flight operation.
4)      When banner tow operations are conducted for compensation or hire, the pilot must have at least a limited commercial pilot certificate (without an instrument rating) and at least a valid second class medical certificate. An instrument rating is not a requirement for this operation.
5)      Satisfactory coordination of ground crew signals can be critical to banner tow operations. Ground crews lay out the banner, elevate the top of the lead pole for pickup, retrieve the banner after the drop, and, if necessary, signal the correct approach to the pilot.

B.     Guidelines for Issuance of the Certificate.

1)      Requests for exemptions to the minimum safe altitudes of § 91.119 must be denied without exception.
2)      The operator is responsible for knowing state and local ordinances that may prohibit or restrict banner tow operations. FSDO knowledge of State and local ordinances is helpful in assisting applicants.
a)      If an issue or question arises concerning State or local government regulations that regulate FAA authorized banner towing in a way that affects airspace management or aircraft flight and operations, or interfere with other federal policies or regulations, the inspector must immediately contact the Regional Counsel’s Office. That office, in coordination with the Office of the Chief Counsel, FAA headquarters (HQ), has responsibility for responding to the issue or question.
b)      The inspector must not insert any language relating to the application of State or local law (including regulations, ordinances, etc. into the “Special Provisions” section of FAA Form 7711‑1) to banner tow operations authorized by the certificate, including the legal responsibilities of banner tow operators to comply with State or local regulations prohibiting or restricting banner tow operations.
c)      On the first page of the Certificate of Waiver or Authorization Form 7711‑1, between “Standard Provisions” and “Special Provisions” appears a note concerning waiver of State law or local regulations that has no legal effect and should be disregarded by inspectors. This is a disclaimer of responsibility by the FAA for the enforcement of state or local ordinances. Direct any questions received concerning this note to the Regional Counsel’s Office.
d)      The FAA does not regulate the content or messages displayed on banners towed by aircraft. Contact the Regional Counsel’s Office for further information.
e)      A site inspection should be conducted before the initial issuance of a certificate to engage in banner tow.
3)      The authorized area should be limited to the issuing FSDO’s geographic area. If the applicant requests operations outside of the jurisdictional FSDO, the issuing FSDO must amend the authorization to include the requested jurisdiction as well as assure that there is coordination between the affected FSDO(s). The noncertificating FSDO should be made aware of operations in its district. While the operator’s responsible for making the notification, the FSDO that issued the certificate should follow up to ensure that the non‑certificating FSDO was informed. The operator is responsible for contacting the added jurisdictional FSDO to be issued the necessary special provisions for that specific geographic area.

C.     Banner Pickup and Drop. Some airports are not large enough for the pilot to maneuver into a proper wind orientation and do not have a suitable staging area for banner tow operations. Therefore, the inspector must ensure that pickups and drops can be made without compromising the safety of persons, equipment, or property on the surface. The pickup and drop must be in an area free from use by the public, employees other than ground crew, and from property on the surface. Preferably, the pickup and drop area should be located away from active runways and taxiways, unless the banner tow operator has an agreement with the airport operator to use these areas. If a runway or taxiway is used, the banner tow operator and the airport operator should cooperate in the preparation of an appropriate Notice to Airmen (NOTAM). The airport should have a clear approach path to the drop area that allows a safe banner drop operation. The operator should take into account the lowest point on the trailing banner when determining a helicopter’s correct flight altitude. For safety purposes, the altitude should be sufficient for the aircraft and trailing banner to comply with § 91.119(b)(c). Some banners may extend more than 250 feet behind the aircraft.

1)      During pickups, a moderately steep maximum performance climb should be used to snatch the banner and avoid dragging it. In no case should the lead pole contact the ground after pickup.
a)      For aerial pickup the banner should be laid out flat on the ground within 30 degrees to the wind. Check the attach points at the top of the poles to ensure that the rope will slip off the top smoothly. The slip loop should travel freely so the grapple hook can engage and tighten the slip hook.
b)      For ground pickup, the banner should be laid out within 30 degrees of the aircraft heading. This prevents banner entanglement.
2)      The drop approach path should be into the wind and conducted at a sufficiently high altitude to allow the pilot to descend at a moderately steep angle when approaching the drop zone. If the release mechanism fails, the pilot must be in a position to make an aborted drop (“go around”) and climb so that the lead pole does not hit the ground. The pilot must maintain sufficient speed and altitude to maneuver in the case of an aborted drop and recover without the banner contacting the ground.

D.    Helicopter Banner Towing. The inspector must ensure that means are provided to prevent the banner from becoming entangled in the helicopter’s tail rotor during all phases of flight, including autorotations. (The only way to prevent the banner from tangling in the tail rotor during autorotation may be to jettison the banner.)

1)      Part 133 operator may tow a banner using an external‑load attaching means without a certificate of waiver. However, the 14 CFR part 133 operator must have at least a Class B authorization on the part 133 operating certificate and comply with part 133 during the aerial advertising operation.
2)      Every banner tow certificate involving the use of a helicopter should include the following special provision: “The provisions of § 91.119(d) are not applicable when operating under the terms of this waiver. Operations over congested areas or open air assemblies of persons must not be lower than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet and operations elsewhere will be conducted in compliance with § 91.119(c).” Figure 3‑8 contains additional, suggested special provisions that may be included with a helicopter banner tow certificate.

E.     Restricted Category Civil Aircraft. Restricted category civil aircraft or aircraft that have been issued special operating limitations cannot be operated over congested areas unless a waiver to § 91.313(e) has been issued. Some aircraft equipped with banner tow hitches and most aircraft equipped with industrial nighttime light signs are certificated as restricted category aircraft.

F.      Weather Limitations. Normally, banner tow operations are limited to day, visual flight rules (VFR) only operations. However, the inspector may wish to consider additional weather limitations (for example, crosswinds or high winds) based on the area of operation and equipment/aircraft used.

G.    Special Provisions. These provisions may be issued because the proposed operation uses nonstandard equipment or for other reasons such as geographical considerations, pilot limitations, ATC limitations, or weather conditions. Provisions appropriate to the safety of the operation should be prescribed by the FSDO. Noncompliance with the provisions attached to the certificate is noncompliance with the certificate (see Figure 3‑8 for a sample of special provisions).

H.    Change of Pilots and Aircraft. The certificate holder must maintain a list of all pilots and aircraft to be used in the operation. For ease of update, pilots and aircraft should be listed on a separate page and attached to the certificate. Whenever there is a change of pilots or aircraft, the FSDO must be notified at least 5 days in advance of the first date the aircraft or pilot is scheduled to operate. The FSDO must approve the change before the operation involving the new pilot or aircraft takes place. In the case of newly acquired aircraft, especially a restricted category aircraft, an airworthiness inspector may choose to inspect the aircraft.

I.       Operator Responsibility. Operators who hold a certificate have the responsibility of training each new pilot in banner tow operations and in the special provisions of the waiver.

J.      Adherence. The FAA inspector determines compliance with the certificate and the attached special provisions by an on‑site inspection. Failure to comply with the certificate and the attached special provisions may constitute justification for rescinding the certificate.

3-66          PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of FAA policies, the regulatory requirements of 14 CFR parts 61 and 91, and qualification as an ASI (Operations).

B.     Coordination. This task requires coordination with the airworthiness unit and/or the aircraft certification office.

3-67          REFERENCES, FORMS, AND JOB AIDS.

A.     References (current editions):

·        Title 14 CFR parts 1, 61, and 91.

·        PTRS Procedures Manual (PPM).

·        FAA/FS‑I‑8700‑1, Information for Banner Tow Operations.

B.     Forms:

·        FAA Form 7711‑2, Application for Certificate of Waiver or Authorization (Figure 3‑6).

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑7).

·        FAA Form 8000‑36, Program Tracking and Reporting Subsystem Data Sheet.

C.     Job Aids:

·        Sample letters and figures.

·        Banner Tow Operations Job Aid (Figure 3‑13).

NOTE: Figure 3‑13 is a banner tow training guide for information. This is not to be considered the only format or the only topics to be covered. The principal operations inspector (POI) will be the final authority of what will be required for training for his/her jurisdictional area and operators.

3-68          PROCEDURES.

A.     Initial Contact.

1)      Provide the applicant with a copy of FAA Form 7711‑2 (Figure 3‑6) and a copy of instructions for completion of FAA Form 7711‑2 (Figure 3‑9).
2)      Advise the applicant to complete items 1 through 8 and item 15 and that the application must be submitted in duplicate (the original and one copy) to the FSDO at least 30 days before the planned banner tow operation or 30 days before renewal.

B.     Open PTRS. Make appropriate PTRS entries.

C.     Review FAA Form 7711‑2. Using the information provided by the applicant and the background in section 1, review FAA Form 7711‑2 for all pertinent information for the proposed banner tow operation. Accept strikeovers that are minor in nature and initialed by the applicant. items 9 through 14 apply to airshow and air race waiver requests only.

1)      Items 1 and 2—Name of Organization/Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of a person responsible for matters concerning the application.
2)      Item 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization or individual named in item 1.
3)      Item 4—14 CFR Sections to be Waived. Ensure the applicant has listed the sections of the regulations he/she wishes to be waived in accordance with § 91.905.
4)      Item 5—Description of Operations. Determine if the applicant has indicated the type of banner tow operation to be conducted.
5)      Item 6—Area of Operations. Ensure that the applicant has listed the geographical areas of the operations. For those operators that have a national base, or proposed national base of operations, it is acceptable to use “Contiguous United States” as the operational area.
6)      Item 7—Time Period. Check for a beginning date and hour and an ending date and hour for the banner tow operation.
7)      Item 8—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, medical certificate, and home addresses. Item 8 may be accepted with a statement such as, “A list containing aircraft and pilot information will be furnished on [applicant enters a specific date].”
8)      Item 15—Certification. Ensure that the applicant has signed and dated the application.
9)      Consult the Enforcement Information System/Accident Incident Data System (EIS/AIDS) database for the accident/violation history of the applicant and/or pilots.
10)  If FAA Form 7711‑2 has not been completed, perform the following tasks:
a)      Mark the application “Disapproved” and list the reasons for disapproval in the “Remarks” section of FAA Form 7711‑2;
b)      Prepare a letter of disapproval (Figure 3‑10) that includes a suspense date for submission of a corrected FAA Form 7711‑2;
c)      Retain a copy of the original FAA Form 7711‑2 that the applicant submitted for comparison to any subsequent applications; and
d)      Return the application and the letter of disapproval to the applicant.
11)  If FAA Form 7711‑2 has been completed and the application is for initial issuance of a certificate to engage in banner tow, conduct a site inspection.
12)  If FAA Form 7711‑2 has been completed and the application is not for initial issuance, prepare FAA Form 7711‑1 (Figure 3‑7).

D.    Pre‑Inspection Activities.

1)      Contact the applicant by telephone and/or letter to schedule a date and time to conduct the site inspection.
2)      Coordinate with the airworthiness unit to inspect the aircraft, aircraft records, confirm the appropriate airworthiness certificate for the proposed operation and/or aircraft modification(s) (if any), hitch, and hitch installation.

E.     Conduct Site Inspection. Use the Part 91 Banner Tow Waiver Issuance and Operations Surveillance Job Aid (Figure 3‑11) to conduct the site inspection. The airworthiness of the aircraft, hitch, and hitch installation must be determined by an airworthiness inspector.

1)      If the operation includes standard or restricted category aircraft, review the aircraft’s special operating limitations. During the banner tow operation, the aircraft must have a placard by the main entrance door of the aircraft. The placard must show, in letters at least 2 inches high, the operating category of the aircraft. (Refer to Volume 3, Chapter 4, Issue a Certificate of Waiver for Restricted Category Civil Aircraft.)
2)      If the tow hitch is not a part of an original factory installation, inspect aircraft records before initial operation to ensure that FAA Form 337, Major Repair and Alteration (Airframe, Powerplant, Propeller, or Appliance), which describes the installation of the tow hitch, is part of the aircraft maintenance records. There may also be a Supplemental Type Certificate (STC) for this installation.
3)      Verify that all pilots of banner tow operations for compensation or hire have at least a commercial pilot certificate and at least a valid second class medical certificate. An instrument rating is not a requirement for this operation.
4)      Verify that the registration certificate, the airworthiness certificate, and any placards are on board the aircraft. If the aircraft is a restricted category aircraft, the operating limitations must also be onboard the aircraft.
5) Inspect the banner and lead pole to ensure that:

·        The weights are secured within the lead pole and that the weights (usually lead pellets) at the bottom are secure and cannot fall out;

·        The tow ropes are not frayed, twisted, or knotted;

·        The banner panels and their attachments are secure;

·        The tail flag is intact; and

·        The attaching rope has no indication of knots and is the appropriate length for the operation.

6) Inspect the attaching device or hitch to ensure that:

·        The release cable mechanism operates easily and is snug to prevent premature or inadvertent release; and

·        The hitch loop fits tightly.

7)      The certificate holder must conduct at least one pickup and drop to demonstrate pilot proficiency. The pickup and drop shall contain the maximum number of letters (panels) the operator plans to use.
8)      Ensure that each pickup and drop by a pilot meets the requirements in subparagraphs 3‑65C1) and 2).
9)      If a ground crew is used, ensure that a prearranged communication signal has been established so the ground crew can notify the pilot and/or banner tow operator of problems or malfunctions with the equipment or banner.
10)                     Ensure that the pickup/drop site meets the requirements of subparagraph 3‑65C.

F.      Unsatisfactory Inspection. If the site inspection is unsatisfactory:

·        Mark the application “Disapproved” and explain the reasons for disapproval in the “Remarks” section of FAA Form 7711‑2;

·        Prepare a letter of disapproval (Figure 3‑12) that includes a suspense date for correction of any discrepancies found during the inspection and a date for a followup inspection;

·        Retain a copy of the application and the part 91 job aid for future comparison;

·        Return the original application and the letter of disapproval to the operator; and

·        Make appropriate PTRS entries.

G.    Satisfactory Inspection. If the site inspection is satisfactory:

1)      Mark the appropriate section of FAA Form 7711‑2 “Approved,” date, and sign it.
2)      Develop special provisions based on any special equipment involved, particular geographic or meteorological considerations, maximum number of letters to be used, wind limitations, and airport limitations.
3)      Prepare the appropriate sections of FAA Form 7711‑1, date the form, and then submit it to the FSDO manager or designated representative for signature. The designated representative may be no lower than the unit supervisor.

H.    FSDO File.

1)      Prepare the FSDO file on the applicant that includes a copy of the following documents:

·        FAA Form 7711‑1 and any special provisions;

·        FAA Form 7711‑2;

·        Part 91 Banner Tow Waiver Issuance and Operations Surveillance Job Aid (until all PTRS entries are made, then discard);

·        Letter of disapproval, if applicable; and

·        Any other correspondence.

2)      Send originals of FAA Form 7711‑1, the special provisions, and FAA Form 7711‑2 to the operator.

I.       Close PTRS. Make appropriate PTRS entries.

J.      VIS. Establish part 91 operator VIS record.

3-69          TASK OUTCOMES. Completion of this task results in one or more of the following:

·        Issuance of a Certificate of Waiver or Authorization with attached special provisions.

·        Disapproval of an application.

·        An indication on the part 91 job aid of a satisfactory or an unsatisfactory inspection.

·        A letter of disapproval.

3-70          FUTURE ACTIVITIES.

·        Followup site inspection.

·        Reissuance of the Certificate of Waiver or Authorization.

·        Update of part 91 operator VIS entry.

Figure 3-6, FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization

Figure 3-6, FAA Form 7711-2, Application for a Certificate of Waiver or Authorization

Figure 3-7, FAA Form 7711‑1, Certificate of Waiver or Authorization

Figure 3-7, FAA Form 7711-1, Certificate of Waiver or Authorization

Figure 3-8, Sample of Special Provisions for Banner Tow Operations

All banner tow operations shall be conducted in VFR weather conditions as required by 14 CFR part 91, § 91.155. Operations shall be conducted only between the hours of official sunrise and official sunset.

1. The certificate holder shall obtain the airport manager’s approval to conduct banner tow operations at that respective airport.
2. If the airport involved has an FAA control tower, the holder shall coordinate all banner tow operations and operate in coordination with the FAA control tower during banner tow operations.
3. Appropriate airport officials will be notified in advance when banner tow operations will be in close proximity to an uncontrolled airport.
4. Tow attachment and release mechanisms on the aircraft shall be approved by the FAA.
5. A thorough inspection of the aircraft and special equipment shall be made prior to each day’s operation.
6. Only essential crew members will be carried during banner tow operations.
7. When banner tow operations are conducted around congested areas, due care will be exercised so that, in the event of emergency release of the banner and/or tow rope, it will not cause undue hazard to persons or property on the surface.
8. Banner pickup or banner drop should be in a predesignated area not closer than 500 feet to taxiways, runways, persons, buildings, parked automobiles, and other aircraft whenever possible. If the tow plane lands with the banner attached, due care should be exercised to avoid obstacles and endangering other aircraft in the air or persons, property, or aircraft on the surface.
9. Only the aircraft on the attached list may be used under the terms of this certificate while being flown by the pilot(s) listed. The certificating FSDO must be notified in writing of any changes to the attached lists at least 5 days in advance of the first date the aircraft or pilot is scheduled to operate.
10. For nonrevenue flights, the pilot of the tow aircraft shall hold at least a valid private pilot certificate and have a minimum of 200 hours PIC time.
11. For operations outside the geographic area of the issuing FSDO or operating in another FSDO’s jurisdiction under a “Contiguous United States” authorization, the operator will coordinate with the appropriate jurisdictional FSDO in advance. If there are special provisions for the added geographic area, those provisions will be added to those originally issued by the original certificating FSDO. The operator will comply with all special provisions attached to its authorization.
12. A current copy of the following is to be carried onboard all aircraft:

·        Certificate of Waiver or Authorization, and

·        List of all approved pilots and aircraft.

13. For helicopter banner tow operations the provisions of § 91.119(d) are not applicable when operating under the terms of this waiver. Operations over congested areas or open air assemblies of persons must not be lower than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet and operations elsewhere shall be in compliance with § 91.119(c).
14. Operators must comply with all current NOTAMs.

Figure 3-9, Instructions for Completion of FAA Form 7711‑2

PREPARING FAA FORM 7711‑2.

Items from FAA Form 7711‑2 are explained below for the purpose of uniformity of use. However, not all items on the form may be applicable to the application request for the banner tow operation. Items 9 through 14 apply to airshow and air race waiver requests only.

a.   Items 1 and 2, Name of Organization/Name of Responsible Person. If you are a representative of an organization, the organization’s name should appear in item 1. Your name and title or position as the organization’s representative, for application purposes, should appear in item 2. If you are not representing an organization, the term “N/A” should be entered in item 1 and your name in item 2.

b.   Item 3, Permanent Mailing Address.

c.   Item 4, 14 CFR section and Number to be Waived. Enter “NONE.”

d.   Item 5, Detailed Description of Proposed Operations. It is sufficient to use the term “aerial advertising/banner tow operations” for a description. However, additional information may be included.

e.   Item 6, Area of Operation. Identify the geographic areas of the intended banner tow operation.

f.    Item 7, Time Period. List the beginning dates and hours and ending dates and hours when the banner tow operations will be conducted. The maximum time period for operations is 24 calendar‑months. The application should be submitted to the FSDO at least 30 days before the beginning date of the banner tow operation. If the application is for a one‑time banner tow operation, it is advisable to request an alternate date for the operation. Alternate dates should be listed in this item. (If there are any questions, please contact the FSDO.)

g.   Item 8, Aircraft Make and Model. List the names of all pilots, their certificate numbers, ratings, and home addresses, and the makes and models of all aircraft that will be used in the banner tow operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [date].”

h.   Item 9, Sponsorship. Not required.

i.    Item 10, Permanent Mailing Address of Sponsor. Not required.

j.    Item 11, Policing. Not required.

k.   Item 12, Emergency Facilities. Not required.

l.    Item 13, Air Traffic Control. Not required.

m.  Item 14, Schedule of Events. Not required.

n.   Item 15, Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

Figure 3-10, Sample Letter of Disapproval of an Application

FAA Letterhead

[date]

[name of applicant]

[address of applicant]

[city, state, zip code]

Dear [name of applicant]:

This letter is to inform you that the application you submitted on [date] has been disapproved for the reasons listed in the Remarks section of FAA Form 7711‑2.

Please make the corrections noted and return to this office within 15 days of receipt of this letter.

If you have any questions or comments, please feel free to contact this office at [telephone number].

Sincerely,

[POI’s signature]

Figure 3-11, Part 91 Banner Tow Waiver Issuance and Operations Surveillance Job Aid

Operator Name _________________________________________________________________

Base of Operation        ____________________________________________________________

Name of Pilot   __________________________________________________________________

Certificate Number       ____________________________________________________________

Aircraft Type _________________________ Aircraft N‑number _________________________

Initial Application ___________ Surveillance ________________ Date Completed __________

Check

S

U

N/A

1. FSDO Application File

 

 

 

a. Verify that all aircraft are listed in the waiver (make/model and N‑number) (Use back of job aid if additional space is required.)

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

b. Verify that all pilots are listed in the waiver (certificate type and number) (Use the back of job aid if additional space is required.)

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

c. Verify that aircraft and pilots used are listed on the waiver.

 

 

 

2. Check Pilot/Operator

 

 

 

a. Certificate appropriate to operation

 

 

 

b. Medical certificate appropriate to the certificate

 

 

 

c. Enforcement Information Subsystem/Accident Incident Data Subsystem (EIS/ AIDS) checked

 

 

 

3. Aircraft Inspection

 

 

 

a. Manual

 

 

 

b. Certificate and documents

 

 

 

Registration

 

 

 

Airworthiness

 

 

 

Special Limitations (Restricted)

 

 

 

c. Hitch and release mechanism

 

 

 

d. Hitch installation documentation

 

 

 

e. Sign mounting and light operation

 

 

 

f. Placards (Restricted category)

 

 

 

REMARKS:

 

Figure 3-12, Sample Letter of Disapproval

FAA Letterhead

[date]

[name of applicant]

[address of applicant]

[city, state, zip code]

Dear [name of applicant]:

This letter is to inform you that the following discrepancies were found during the facility inspection conducted at your facility on [date].

[List all the discrepancies found during the inspection.]

Please correct the discrepancies noted above within 30 days of receipt of this letter. After correction of the discrepancies, please contact this office to schedule a followup inspection.

If you have any questions or comments, please feel free to contact this office [telephone number].

Sincerely,

[POI’s signature]

Figure 3-13, Banner Tow Operations Job Aid

BANNER TOW PILOT TRAINING

NAME OF OPERATOR:

 

PILOT’S NAME:

 

GROUND

Aircraft Type

 

Date

Instructor

Fuel System

 

 

Aircraft Speeds

 

 

Preflight Procedures, including:

 

 

Banner procedures

 

 

Release mechanism

 

 

Banner assembly and layout

 

 

Part 91

 

 

Part 61

 

 

Certificate of Waiver Special Provisions

FLIGHT

Full Stalls (if appropriate)

 

 

Flight at Critically Slow Airspeeds

 

 

Banner Pickup/Banner Drop (Takeoff with banner attached, if appropriate)

 

 

Emergency Procedures

1) Failure of banner release system

2) Loss of rudder control

3) Partial power loss

4) Engine failure with banner

 

 

Total Ground Hours

Total Flight Hours

Pilot’s

Signature _________________

Date _________________

Certificate No. _________________

Instructor’s

Signature _________________

Date _________________

Certificate No. _________________

Figure 3-14, Public Laws Associated With Banner Tow Operations

Although banner tow operators are responsible for complying with appropriate regulations and airspace related restrictions, inspectors need to be aware of the following information concerning banner tow operations.

After the terrorist attacks of September 11, 2001, FAA issued Notices to Airmen (NOTAM) restricting flight access to certain airspace. In February 2003, the United States Congress passed a public law effectively prohibiting aerial advertising flights at certain events, stadiums, or other venues during specified times. The law prohibited certain operations within specified airspace limits. Then it rescinded waivers for the specified events. Finally, it permitted certain operators who met specified conditions to reapply for a waiver for non‑banner tow operations at the listed events. The law was effective for one year. In January 2004, Congress, in Public Law 108‑109, Title V, Section 521 January 23, 2004 in Title V General Provisions, Section 521, extended those restrictions indefinitely. The following is a reprint of Section 521:

Sec. 521.

(a) In General.‑ The Secretary of Transportation‑

(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and
(2) may not grant any waivers or exemptions from such restrictions, except
(A) as authorized by air traffic control for operational or safety purposes;
(B) with respect to an event, stadium, or other venue

(i) for operational purposes;

(ii) for the transport of team members, officials of the governing body, and immediate family members and guests of such team members and officials to and from such event, stadium, or venue;

(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event;

(iv) to permit a broadcast rights holder to provide broadcast coverage of such event, stadium, or venue; and

(v) for safety and security purposes related to such event, stadium, or venue; and

(C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic control procedures.

(b) Limitations on Use of Funds. None of the funds appropriated or otherwise made available by title I of this Act may be obligated or expended to terminate or limit the restrictions imposed under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided under subsection (a)(2).

(c) Broadcast Contracts Not Affected. Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.

RESERVED. Paragraphs 3‑71 through 3‑85.


4/12/10                                                                                                                       8900.1 CHG 80

Volume 3   GENERAL TECHNICAL ADMINISTRATION

chapter 18  OPERATIONS SPECIFICATIONS

Section 3  Part A Operations Specifications—General

3-736      DISCUSSION. This section and sections 4, 5, and 6 of Volume 3, Chapter 18 discuss each standard template available for issuance by the automated Operations Safety System (OPSS). These templates are more commonly referred to as “paragraphs.” The standard paragraphs discussed in this order are limited to operations in accordance with Title 14 of the Code of Federal Regulations (14 CFR) parts 91, 91K, 121, 125 (including Letter of Deviation Authority (LODA) 125M), 135, and 145.

A.     Definition of OpSpecs. The standard paragraphs for parts 121, 125, 135, and 145 are called operations specifications (OpSpecs).

B.     Definition of MSpecs. The standard paragraphs for part 91K are called management specifications (MSpecs).

C.     Definition of LOAs. The standard paragraph for part 91 and 125M are called letters of authorization (LOA).

D.    Other Source Documents. References are provided to other sections of this handbook, to advisory circulars, or other applicable documents that discuss detailed requirements for certain standard paragraphs.

E.     Ensure Complete Review. Before issuing a standard paragraph, any specific requirements specified by this order or the referenced material (relative to the paragraph being issued) must be met. Before reading the following sections for the first time, review the applicable paragraphs available in the OPSS for the specific regulation.

F.      Applicability of Paragraphs. There are some standard paragraphs that are required to be issued to all operators for a specific regulation. There are standard paragraphs that are optional and only issued when the operator is specifically authorized to conduct those operations.

3-737      PART A OPERATIONS AND MANAGEMENT SPECIFICATIONS PARAGRAPHS.

OPSPEC/MSPEC A001, ISSUANCE AND APPLICABILITY.

A.     General. A001 identifies the OpSpec/MSpec holder. The name must be the legal name of the operator. A001 also specifies the kinds of operations authorized, the applicable regulatory sections under which the operations are to be conducted, and any other business names under which the operations are being conducted. See the new OPSS user’s manual for additional guidance to issue A001. Figure 3‑4 is a summary of the information required in OpSpec/MSpec A001.

Table 3-4, Summary of Information Required in OpSpec/MSpec A001

Type of Certificate

Any of the following may apply:

Type of Carriage:

Regulation Reference:

Economic Authority

Text to be inserted:

Air Carrier

Domestic

Common

119.21(a)(1)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Flag

Common

119.21(a)(2)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Supplemental Passenger

(more than 60 pax and/or >18,000# payload)

Common

119.21(a)(3) (i)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Supplemental All Cargo

Common

119.21(a)(3) (ii)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Commuter

(5+ trips/week)

Common

119.21(a)(4)

(Part 135)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

On Demand

(less than 5 round trips/week)

Common

119.21(a)(5)

(Part 135)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation (DOT).

Air Carrier

Commuter

(flag or domestic)

Common

119.21(b)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Table 3-4, Summary of Information Required in OpSpec/MSpec A001 (Continued)

Type of Certificate

Any of the following may apply:

Type of Carriage:

Regulation Reference:

Economic Authority

Text to be inserted:

Air Carrier

On Demand

(Supplemental)

Common

119.21(c)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Operating

Flight

(Part 125)

Private

Non Common

119.23(a)

(Part 125)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

Operating

On Demand

(non scheduled)

Private

__________

Non Common

119.23(b)

(Part 135)

Ltd. to holding out to public

________

# of Con tracts

(Definitions)

119.23(b)(3)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

None

Fractional

Non Common

Park 91K

None

B.     Authorization. A001 authorizes the conduct of operations under other business names known as “doing business as” (DBA). If no operations are authorized to be conducted under another DBA, the statement selected will state that “the operator is authorized to use only the business name which appears on the certificate to conduct the operations described in subparagraph a.” Other DBAs authorized under 14 CFR parts 215 or 298 must be listed in OpSpecs. Before listing a DBA in an operator’s OpSpecs or entering a DBA in an Air Oper Vital Information Subsystem (VIS) file, inspectors must verify that the DBA is on file with DOT or an appropriate state agency. This verification can be accomplished by one of the following means:

1)      The operator shows that the DBA is listed on a DOT registration (proof of insurance);
2)      The operator shows that the DBA is listed on a DOT certificate of public convenience and necessity;
3)      The operator shows that the DBA is authorized by a DOT order or other DOT document;
4)      When the operator claims the DBA is on file with the DOT, verification must be made by contacting the DOT Office of Aviation Analysis, Air Carrier Fitness Division, (202) 366‑9721; or
5)      When an “operating certificate” is involved, the operator shows that the DBA is authorized and registered by an appropriate state authority.
6)      DBAs can apply to 14 CFR part 91 subpart K, but they do not have economic authority requirements.

C.     Part 145. For part 145 repair stations, A001 lists the:

·        Location,

·        Mailing address (if different from the fixed location),

·        Other DBAs (see subparagraph B above) if authorized, and

·        Any delegated authorities.

OPSPEC/MSPEC A002, DEFINITIONS AND ABBREVIATIONS. A002 includes definitions of words or phrases used in other paragraphs. These definitions are not found in the regulations and should enhance understandings between the FAA and the aviation industry. Washington headquarters developed definitions must not be changed by regional or district offices. Washington headquarters will add definitions when it becomes apparent that they are needed. Addition of a definition by a certificate‑holding district office (CHDO) makes the whole paragraph nonstandard and must be processed as a nonstandard OpSpec/Mspec request.

OPSPEC/MSPEC A003, AIRPLANE/AIRCRAFT AUTHORIZATION. A003 authorizes an operator to use specific make/model/series of airplanes or aircraft in 14 CFR part 91 subpart K, part 121, or part 135, operations. The following provides direction for the information fields which must be added to this paragraph.

A.     Make/Model/Series, Parts 91K, 121, and 135. Select the authorized make/model/series (M/M/S) from the listing provided in the OPSS. If the appropriate M/M/S cannot be found in the OPSS, inspectors should immediately notify the OPSS help desk so that the aircraft can be updated.

B.     Passenger Seating Capacity or Cargo Only, Part 121.

1)      Enter the passenger seating capacity used by the operator during the emergency evacuation demonstration required by part 121, § 121.291(a) or (b) for each M/M/S listed in the column labeled “Demonstrated.” If the demonstrated passenger seating capacity applies to more than one series of a particular make and model, the seating capacity must be listed for each series to which it applies. It is unnecessary to list seating configurations used by the operator that are less than the demonstrated seating capacity. List the demonstrated seating capacity in the column labeled “Approved.” However, if the operator requests a higher seating capacity than that which was demonstrated by the operator, the principal operations inspector (POI) may approve the higher capacity under the following conditions:
a)      The higher seating capacity does not require another emergency evacuation demonstration to be conducted in accordance with § 121.291(a) or (b). (See paragraph 3‑2463.)
b)      The higher seating capacity does not exceed the maximum approved passenger seating capacities listed in Table 3‑121, paragraph 3‑2966.
c)      The POI lists the higher seating capacity in the column labeled Approved.
2)      If the airplane is configured for cargo only, enter Cargo Only in the column labeled Approved. In some situations, such as combination passenger/cargo configurations, the approved seating capacity and the required number of flight attendants may need elaboration. This elaboration should be accomplished by adding additional text as an extra subparagraph to the paragraph.

C.     Required Number of Flight Attendants, Part 121. Enter the number of flight attendants used during the emergency evacuation demonstration for each M/M/S listed.

D.    Class of Operation. Enter the appropriate class of operation for each make/model/series listed. Enter only one of the five classes of operation for each make/model/series. The five classes of operations are: Single Engine Land (SEL), Single Engine Sea (SES), Multiengine Land (MEL), Multiengine Sea (MES), and Helicopter (HEL). If a particular make/model/series can be operated in more than one class (such as an amphibious airplane) list the make/model/series twice with each listing, showing the appropriate class (such as SES, SEL). When entering the data in the OPSS, enter the total number of aircraft in only one of the two entries.

E.     Type of Operation. Enter the appropriate en route flight rule for each M/M/S. If the M/M/S is approved for instrument flight rules (IFR) operations, enter IFR/VFR in the column labeled En route Flight Rule. If the make/model/series is restricted to visual flight rules (VFR) operations only, select VFR Only. Select the day/night condition for each M/M/S. If the M/M/S is approved for both day and night conditions, select the phrase Day/Night in the column labeled Day/Night Conditions. If the M/M/S is approved for daylight conditions only, select Day Only. Part 121 operations are required to conduct operations IFR.

F.      Flight Attendant or Cargo Only, Part 135. Enter the flight attendant requirement for each M/M/S. If the M/M/S is configured with more than 19 passenger seats, enter the number “1” in the column labeled Flight Attendant Or Cargo Only. If the passenger seating configuration is 19 seats or fewer, enter the word None. If the M/M/S is configured for cargo‑only operations, enter Cargo Only in this column.

G.    Part 145 Repair Stations. A003 must always be issued for part 145 repair stations and lists the authorized class ratings, limited ratings, and limited specialized services ratings held by the certificate holder.

1)      We have revised this paragraph to allow the selection of a capability list when a limited rating has been issued. When either the “Manufacturer” or “Make/Model” cell is selected, it displays a drop-down menu with two choices: “Capability List, as Amended” or “N/A.” When the accepted “Capability List, as Amended” cell is selected, it will automatically fill both cells. The phrase from the accepted “Capability List, as Amended” indicates that the certificate holder will be using a current capability list that is acceptable to the FAA and includes any additions made to the list using the self-evaluation process described in its manual. The principal inspector (PI) will use “N/A” if the ratings meet the criteria of § 145.61(b)(7), (9), (10), or (12).
2)      We have also revised OpSpec A003 to add a “Location” field to accommodate repair stations that qualify for one certificate issued by the certificate management unit (CMU) and identified in OpSpec A101. The airport identifier where the repair station is located, or the airport closest to the repair station, will be identified in the “Location” field.

Note:   Repair stations assigned to a CMU should use the “Location” field in OpSpec A003. No other repair stations should use the “Location” field.

3)      If A003 is issued for a European Aviation Safety Agency (EASA) member state with which the United States has a Bilateral Agreement (BA), the paragraph should just reference the issuance of OpSpec A060, which lists the EASA rating.

OPSPEC/MSPEC A004, SUMMARY OF SPECIAL AUTHORIZATIONS AND LIMITATIONS.

A.     Purpose. This paragraph summarizes optional authorizations applicable to a particular operator.

B.     Part 145. For part 145 repair stations, this paragraph summarizes special (optional) authorizations and/or limitations applicable to the certificate holder. The OPSS application extracts the specific paragraphs that authorize a specific activity; it provides a summary of the authorized activity and reference number of the specific paragraph.

OPSPEC/MSPEC A005, EXEMPTIONS AND DEVIATIONS. In order for an operator to conduct operations under the provisions of any exemption or deviation, the exemption or deviation must be listed in A005.

A.     Exemptions. The current exemption number and expiration date must be selected for insertion into A005. List the exemption numbers in numerical order. Enter a brief description of the exemption or, if appropriate, the exempted regulations in the space labeled Remarks and/or References (adjacent to each exemption). If certain conditions or limitations related to the exemption are specified in another paragraph of the OpSpec, the reference number of the other paragraph must also be entered in this space. For example, if a single high frequency (HF) radio is permitted by exemption in certain areas of en route operation, insert a reference to OpSpec B050 ( see paragraph B050). In this example, the appropriate areas of en route operation in B050 should contain a note authorizing the provisions of that exemption for those areas.

B.     Deviations. Enter the applicable 14 CFR sections to which a deviation has been granted in A005b. Select the applicable deviations by 14 CFR section. In the space labeled Remarks and/or References (adjacent to each deviation), briefly describe the provisions of the deviation. For example, if an operator is granted a deviation to permit the same person to serve as director of operations and director of maintenance, list the applicable 14 CFR. In the Remarks and/or Reference space, enter information specific to that operator or NA for “not applicable”. Table 3‑5 explains the standard OpSpecs paragraphs that must be referenced and issued when granting deviations in each subject area (others may also be applicable).

Note:   There are no deviations for part 145 repair stations.

Table 3-5, Standard OpSpecs Paragraphs to Reference When Granting Deviations

SUBJECT

PARAGRAPH NUMBER

APPROPRIATE REGULATION

Management

A006

Various, depends on operating regulation, management position, and qualifications

Extended‑Overwater Operations without liferafts

A013

Sections 121.339(a)(2), (3), and (4)

Basic Part 135 Operator

On‑Demand Operations Only

A038

Sections 119.69(b), 135.21(a), and 135.341(a)

Basic Part 135 Operator

Commuter and On‑Demand

A037

Sections 119.69(b), 135.21(a), and 135.341(a)

Part 135 Single Pilot‑in‑Command Operator

A039

Sections 119.69(b), 135.21(a), and 135.341(a)

Extended‑Range Operations with Two‑Engine Airplanes

B042

Sections 121.161(a)

Special Fuel Reserves in International (Flag) Operations

B043

Sections 121.645(b)(2)

OPSPEC A006, MANAGEMENT PERSONNEL.

C.     Titles. An operator’s management personnel may have titles different from titles of management positions used in 14 CFR. The intent of A006 is to clearly identify the operator’s management personnel who are fulfilling 14 CFR management positions. A006 is also used to approve deviations from required management positions. Direction and guidance for approving deviations from management requirements is in subparagraph C below. Indicate approval of these deviations in A006 as follows:

1)      For deviations which permit less than the required management positions, leave the positions which are not filled blank. Enter NA for “not applicable” for single‑pilot operators and single pilot in command operators.
2)      For deviations that permit the same person to fill two or more positions, enter the name and title of that person in the appropriate positions.
3)      For deviations that permit a person to hold a management position when that person does not meet the regulatory qualification requirements, enter the name and title of that person in the appropriate position.
4)      In all cases list the appropriate regulatory section in OpSpec A005(b) of the OpSpecs.

D.    Required Information. The OPSS must be accurate and contain at least the information required for OpSpecs in order for them to be correct. Additional text may be added to A006 without making it nonstandard, provided the extra paragraph is used to identify additional management positions (such as more than one chief pilot), or to specify conditions of a deviation. If the extra paragraph provides for anything other than the preceding, it must be processed in accordance with Volume 3, Chapter 2, Exemptions, Deviations, Waivers, and Authorizations, paragraph 3‑37B.

E.     Required Management and Technical Personnel Positions.

1)      Part 119, § 119.65 requires management and technical personnel positions for certificate holders operating under part 121 (i.e., director of safety, director of operations, chief pilot, director of maintenance, chief inspector).
2)      Section 119.69 requires management and technical personnel positions for certificate holders operating under part 135 (i.e., director of operations, chief pilot, director of maintenance).
3)      Sections 119.67 and 119.71 specify the airman and experience qualifications for personnel serving in these positions for parts 121 and 135, respectively.
4)      Sections 119.67(e) and 119.71(f) specify airman, managerial, and supervisory experience deviation authority.
5)      The regulations are intended to ensure that persons holding these required management and technical positions have the measure of experience as well as the demonstrated capability needed to effectively manage these types of programs. In addition, persons exercising control over the maintenance and operations programs must have that level of qualification and experience that will allow these persons to carry out their duties and responsibilities with the degree of expertise consistent with the certificate holder’s responsibility to operate with the highest possible degree of safety.
6)      The deviation request element of the regulations is intended to provide the certificate holder a measure of flexibility in order to allow employment of persons who may not possess the exact type or level of experience outlined in the regulations but have other experience that is found to be comparable. Further, the deviation request procedure is not intended to accommodate individuals who do not possess the length of experience required by the regulations.

F.      Management Deviation Request. When a certificate holder requests a management experience deviation, or management positions or numbers of positions other than the requirements of §§ 119.65 through 119.71, it must make such requests through its certificate‑holding district office (CHDO). The request must adhere to the following processes and procedures, and contain a minimum of the following information for evaluation:

1)      Management deviation request contents.
a)      Full certificate name including “doing business as” (DBA) of the requesting entity (i.e., ABC Airlines, Inc. DBA XYZ Air);
b)      Complete address and certificate number of certificate holder;
c)      Full name and airman certificate number of the management applicant;
d)      Number of aircraft by category, class and type;
e)      Number of employees/pilots/other crewmembers;
f)        Areas and kinds of operations (e.g., CONUS, domestic) authorized;
g)      Statement of operations authorized (e.g., single pilot in command (PIC), Basic Part 135 On Demand Only, part 121);
h)      Any other management deviations held by the certificate holder;
i)        Statement of why the certificate holder requires a management deviation, management position(s) involved, and what comparable experience the individual has that would justify the management deviation; and
j)        A resume for the individual which specifically outlines their work experiences and duration of each work experience to include, if appropriate, PIC, certified mechanic, and/or management experience for the kind of operations conducted.

Note:   The information contained in the resume must be verified by the principal operations inspector (POI) or principal maintenance inspector (PMI), as appropriate.

2)      Evaluating management experience deviation requests part 119.
a)      Lack of Airmen Certificates. The regulations do not permit the issuance of an airman certificate requirement deviation for individuals who do not hold the required airmen certificates or ratings. However, they may apply for an exemption under 14 CFR part 11.
b)      Director of Safety Position. Each certificate holder that conducts operations under part 121 must have a director of safety. This person is responsible for keeping the certificate holder’s highest management officials fully informed about the safety status of the company. An independent, full time position is required. However, in a small part 121 operation, the director of safety functions may be an additional function of a current manager. Any request for a management deviation involving a director of safety position must be approved by the Air Transportation Division (AFS‑200).

Note:   Requests for one individual to fill this position for more that one certificate holder concurrently will not be considered.

c)      Comparable Experience. A management position experience deviation may be issued for individuals who lack the precise experience requirements (specified in § 119.67 and/or § 119.71) if acceptable comparable experience is presented and accepted by the Administrator.

1.      Director of Operations/Chief Pilot Positions. Experience in any position where the normal duties and responsibilities included management/supervisory oversight and/or control of the development upkeep, and the performance of one or more elements of an operator’s operational control system, may be considered as comparable experience. Management positions, wherein the applicant exercised management decisionmaking processes, may be considered as comparable experience (e.g., assistant director of operations, assistant chief pilot, general manager). Experience involving operational control may also be acceptable (e.g., supervisory aircraft dispatcher, supervisory flight follower).

2.      For certificate holders with only a single PIC or a basic part 135 operation, the following examples may be considered as comparable experience:

·        Experience as a PIC conducting the same kinds of operations that the applicant would be responsible for managing;

·        Experience as a manager of a corporate flight department with operations similar to an air carrier;

·        Experience in a military PIC position with responsibilities and Experience comparable to a civil aircraft operation PIC; or

·        Experience in a management position with responsibilities for safely transporting passengers and/or military executive charter.

3.      All acceptable, comparable experiences added together must equal the required three years. However, experience as a military fighter pilot flying in combat scenarios, a flight instructor, a crop duster, or a helicopter external load operator, would not be considered comparable experience. A college education or educational experience in aviation or writing manuals does not substitute for actual work experience.

Table 3-6, Example for a Chief Pilot Deviation

POSITION/TITLE

LENGTH OF EMPLOYMENT

COMPARABLE EXPERIENCE

Part 135 PIC

24 months

Acceptable (24 months)

Assistant Chief Pilot

13 months

Acceptable (13 months)

Flight/Ground Instructor

26 months

Unacceptable (0 months)

 

Total: (37 months)

4.      In the example, the applicant would be approved. The applicant had 24 months of actual experience required by the regulation combined with 13 months of comparable experience for a total of 37 months (36 months required). The 26 months as a flight instructor is not comparable experience.

5.      Director of Maintenance Positions. Experience in any position where the normal duties and responsibilities included management oversight and/or control of the development, upkeep, as well as the performance of one or all of the following elements of an aircraft maintenance or inspection program:

·        The maintenance program manual;

·        Responsibility for airworthiness;

·        Maintenance and inspection organization;

·        Performance and approval of maintenance, preventive maintenance, and alterations;

·        Alterations performed by maintenance providers or contractors;

·        Continuing analysis and surveillance system;

·        Maintenance recordkeeping; and

·        Maintenance personnel training.

6.      Chief Inspector Positions. Experience in any position where the normal duties and responsibilities included management oversight and/or control of the development, upkeep, as well as the performance of one or all of the following elements of an aircraft maintenance inspection, quality control, or quality assurance functions within a maintenance or inspection program:

·        The inspection program policy and procedures;

·        Responsibility for airworthiness;

·        Inspection organization;

·        Quality assurance of the performance and approval of maintenance, preventive maintenance, and alterations;

·        Alterations performed by maintenance providers or contractors;

·        Maintenance recordkeeping; and

·        Inspection personnel training.

7.      Combined Positions. Any certificate holder who requests approval to combine two or more required management positions into one position must ensure that the person who will serve in that position meets the qualifications for, or receives a deviation for, each management position to be combined (e.g., chief pilot and director of operations), in addition to receiving an approval to combine the management positions. The size, scope, complexity, and work load of the operations that the applicant has been involved with, and will be involved with in the combined management position, must be considered when evaluating this request. Requests to combine the positions of director of maintenance and chief inspector will not be approved.

Note:   Applicants who serve in a combined management position should not be assigned to any additional duties (e.g., check airman, aircraft instructor).

3)      Authority to Approve or Deny Management Requests.
a)      CHDO.

1.      The manager of the CHDO is authorized to approve or deny management experience deviation requests for a certificate holder with only a single PIC, and for Basic Part 135 On‑Demand Only certificate holders conducting on demand passenger and/or cargo operations. This authority includes any combined positions or numbers of management positions other than the management positions specified in § 119.69(a). The CHDO’s evaluation must include the following:

·        Size, scope, any known expansion plans, and safety records of the certificate holder;

·        Accident/enforcement history of the certificate holder and management applicant;

·        Verification of the applicant’s resume, including whether the applicant holds the required certificates and ratings;

·        Any significant justification or personal knowledge of the operator/management candidate; and

·        Reasons for recommending approval or denial of the request.

2.      If the CHDO has the authority, it will approve or deny the request. The CHDO will respond to the operator in writing. If the CHDO does not have the authority, it will make a written recommendation for approval or denial and forward the request to the regional Flight Standards division (RFSD).

b)      RFSD. The RFSD manager is authorized to approve or deny management experience deviations for all other part 135 certificate holders, except part 135 operators conducting commuter operations. This authority includes any combined positions or numbers of management positions other than the management positions specified in § 119.69(a). The RFSD will review the package from the CHDO. If the RFSD has the authority as stated above, it will approve or deny the request. The RFSD will reply in writing to the CHDO with a statement of approval or denial for the request. If the RFSD does not have the authority, the RFSD will attach their memo of recommendation for approval/ denial and forward the request to AFS 200 or Aircraft Maintenance Division (AFS-300), as appropriate.
c)      Air Transportation Division (AFS‑200) and/or Aircraft Maintenance Division. (AFS‑300), as appropriate, will review the package forwarded from the RFSD. AFS‑200 and/or AFS‑300 will reply in writing to the CHDO through the RFSD with a statement of approval or denial of the request. AFS‑200 and/or AFS-300 will not take action on requests received directly from certificate holders or CHDOs without CHDO manager and RFSD manager recommendations.

G.    Program Tracking and Reporting Subsystem (PTRS) Input. Enter activity code number 1381 or 3381, as appropriate and enter “119DEV” in the “national use” field. POIs/PMIs should record comments of interaction with the operators in the comments section.

OPSPEC/MSPEC A007, OTHER DESIGNATED PERSONS.

A.     Template A007. In the automated Operations Safety System (OPSS), Template A007 is used for identifying each operator’s agent for service, persons designated to apply for and receive applicable authorizations, persons designated to receive Safety Alerts for Operators (SAFO) and/or Information for Operators (InFO), and other designated persons. Each Template A007 is labeled specific to the OPSS 14 CFR database:

1)      Title 14 CFR parts 121, 125, 133, 135, and 145 databases: Template A007 is labeled an operations specification (OpSpec).
2)      Title 14 CFR parts 141 and 142 databases: Template A007 is labeled a training specification (TSpec).
3)      Title 14 CFR part 91 subpart K (part 91K) database: Template A007 is labeled a management specification (MSpec).
4)      Part 91 subpart J and part 125 subpart M databases: Template A007 is labeled a letter of authorization (LOA).
5)      Title 14 CFR part 137 and other databases also have A007 templates to identify designated persons.

B.     Agent for Service. An agent for service is a person or company designated by the operator upon whom all legal notices, processes and orders, decisions, and requirements of the Department of Transportation (DOT), FAA, and National Transportation Safety Board (NTSB) shall be served. Once any of these documents has been served upon the operator’s agent for service, the certificate holder cannot claim (legally) that it did not receive the documents. Title 49 of the United States Code (49 U.S.C) § 46103 requires air carriers to designate an agent for service. The name, title, and address of the agent for service must be obtained from the operator and correctly entered into the OPSS Certificate Holder’s Personnel tab. This information will load into the A007 template.

C.     Persons Designated to Apply for and Receive OpSpecs/TSpecs/MSpecs/LOAs. Names and titles of persons designated by the operator as authorized to apply for and receive OpSpecs/TSpecs/MSpecs/LOAs must be entered in Template A007. The “Parts” of the operator’s authorizations for which the designated person is responsible must also be entered. Principal inspectors (PI) may determine that it is appropriate to have signatures of these designated persons recorded in this subparagraph.

D.    Persons Designated to Receive SAFOs and/or InFOs. All A007 templates (with the exception of part 141 and 142 databases in the OPSS) are used to collect the name, e‑mail address, telephone number, and type of SAFO/InFO information that person should be sent (i.e., Operations, Airworthiness, or both). Part 141 pilot schools and part 142 training centers will not have a person designated to receive SAFOs or InFOs in Template A007. Part 145 repair stations will have a person designated to receive InFOs in Template A007. A reply message signifying receipt of the SAFO/InFO information by a designated person is not required. (Refer to the current editions of FAA Orders 8000.87, Safety Alerts for Operators, and 8000.91, Information for Operators (INFO).)

Note:   If an operator does not have an e‑mail address, a facsimile number may be entered in the e‑mail address block.

1)      A SAFO contains important safety information, often of an urgent nature, and may include recommended action. SAFO content is valuable to air carriers and other air operators in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.
2)      Much like a SAFO, which contains critical safety information, an InFO contains valuable information for operators that should help them meet administrative requirements or certain regulatory requirements with relatively low urgency or impact on safety.
3)      Government and industry have agreed on the importance of having a prompt, reliable delivery system for SAFOs and InFOs and taking advantage of e-mail and postings at FAA public Web sites. Accordingly, they have ratified that a recipient of SAFOs and InFOs must be identified in Template A007 so that the FAA may notify an operator of a new SAFO or InFO and recommended action to be taken by the respective operators identified in each SAFO/InFO.

E.     Part 91K. Part 91K fractional ownership operations must identify the specific persons in MSpec A007 as follows:

1)      Agent for service for the program manager.
2)      Personnel designated to apply for and receive management specifications for the program manager.
3)      Point(s) of contact (POC) and required positions for those authorized a Continuous Airworthiness Maintenance Program (CAMP).
4)      Voluntary Disclosure Program Personnel for part 91K only. Reference Advisory Circular (AC) 00-58, Voluntary Disclosure Reporting Program, current edition, and Volume 11, Chapter 1, Section 1.
5)      Personnel designated to receive SAFOs/InFOs for the program manager.

F.      Part 145 Repair Stations. List the authorized person(s) by name, title, and the paragraph of the OpSpec he/she is authorized to sign.

Note:   Individuals’ titles listed in Template A007 should match the title in the Vital Information Subsystem (VIS).

OPSPEC A008, OPERATIONAL CONTROL; MSPEC A008, FLIGHT MANAGEMENT.

A.     General. Each 14 CFR part 121 and part 135 operator must have a system and/or procedures for the control of flight movements. The intent of A008 is to promote a mutual understanding between an operator and the FAA concerning the system and/or procedures used by that operator. Volume 3, Chapter 25, Operational Control for Air Carriers details the three basic systems and/or procedures required by parts 121 and 135. The three systems and/or procedures are as follows:

1)      Part 121 domestic and flag operations must have dispatch systems. See Volume 3, Chapter 25, Section 2, Flight Dispatch Systems and Domestic Operating Rules.
2)      Part 121 supplemental operations must have flight following systems when the operator does not have an established dispatch system. See Volume 3, Chapter 25, Section 3, Part 121 Flight Release Systems and Supplemental Operating Rules.
3)      Part 135 operators use flight locating procedures. See Volume 3, Chapter 25, Section 5, Title 14 CFR Part 135 Flight Locating Systems and Operating Rules.
4)      MSpec A008 must describe the flight management used by the program manager to provide program control for flight operations and other procedures and policy instructions regarding program operations. This information may also be notated by reference to the appropriate manual (part 91, § 91.1029). In addition, MSpec A008 requires the program manager to give the location of the current list of fractional aircraft owners (part 91, § 91.1027).

B.     Referencing With Paragraph A008. Describe or reference the system and/or procedures used by an operator in A008. It is preferable to complete A008 with references to an operator’s manual or sections of an operator’s manual which describe the system and/or procedures used by that operator. It is not necessary to control these references by date. Change the references only when a revision to the operator’s manual makes the reference in the OpSpecs incorrect. When an operator’s manual does not adequately describe the system and/or procedures used, a narrative description combined with references may be necessary. Often, it may not be appropriate to use references in this paragraph, (especially with smaller part 135 operators). In these cases narrative description may be necessary. When a narrative description is used, it should be brief but provide sufficient information so that the FAA and the operator have the same understanding about the system and/or procedures used by the operator.

C.     Necessary Information for Description of Systems/Procedures. The description of the systems and/or procedures for controlling flight movement as described in the operator’s manual and referenced in the OpSpecs, or as narratively described in the OpSpecs, should include the following information, as appropriate, to the kind of operation:

·        Methods and procedures for initiating, diverting, and terminating flights;

·        Persons or duty positions authorized to, and responsible for, exercise of operational control;

·        Facilities and location of facilities used by the operator in the exercise of operational control;

·        Communication systems and procedures used by the operator;

·        Special coordination methods and/or procedures used by the operator to assure the aircraft is airworthy; and

·        Emergency notification procedures.

OPSPEC A009, AIRPORT AERONAUTICAL DATA; MSPEC A009, AERONAUTICAL DATA.

A.     General. Part 121, §§ 121.97 and 121.117 require part 121 operators to have an approved system for obtaining, maintaining, and distributing airport aeronautical data. A009 provides the method for approving airport aeronautical data systems for part 121 operators. Title 14 CFR part 91, § 91.103 and 14 CFR part 135 subpart I, § 135.83 require part 135 operators to obtain, maintain, and distribute essentially the same types of airport aeronautical data. Although a part 135 operator is not required to obtain FAA approval of the system used, A009 provides a method of promoting the same understanding between the operator and FAA concerning the system used to comply with the regulations pertinent to airport aeronautical data. Volume 4, Chapter 3, Section 4, Airport Data Acquisition Systems provides direction and guidance concerning airport aeronautical data systems.

B.     Referencing Systems Used for A009. Describe or reference the system approved for part 121 operators or used by part 135 operators in A009. When possible, the paragraph should be completed by referencing pertinent sections of the operator’s manual or other documents which describe the system used by the operator. When the airport aeronautical data system is not described in a manual or another document, a narrative description of the system must be used to complete A009. When a narrative description (or outline) is used, it should be brief but provide sufficient information to describe the system used to obtain, maintain, and distribute required airport aeronautical data.

C.     Description of Aeronautical Data System. The program manager’s description of the aeronautical data system in MSpec A009 should be brief but provide sufficient information describing the system used to obtain, maintain, and distribute required aeronautical data.

OPSPEC/MSPEC A010, AERONAUTICAL WEATHER DATA.

A.     General. OpSpec A010 is intended to promote understanding between the operator and the FAA concerning the system used for obtaining and disseminating required weather data and other aeronautical data. Numerous regulatory requirements in 14 CFR parts 121 and 135 require operators to have or use a system for obtaining and disseminating aeronautical weather data.

·        Part 91 subpart K program managers are expected to maintain an equivalent level of safety as a part 135 certificate holder.

·        Part 121, § 121.97 requires operators who conduct domestic and flag operations to use an FAA‑approved system for obtaining, maintaining, and distributing current aeronautical data.

·        Part 121, § 121.101 requires operators who conduct domestic and flag operations to use an FAA approved system for obtaining forecasts and reports of adverse weather phenomena.

·        Part 121, § 121.117 requires operators who conduct supplemental operations to use an FAA‑approved system for obtaining, maintaining, and distributing current aeronautical data.

·        Part 121, § 121.119 requires operators who conduct supplemental operations to use an FAA‑approved system for obtaining forecasts and weather reports.

·        Part 125 has no requirement for using an FAA‑approved system for weather or aeronautical data.

·        Part 135, § 135.213 requires operators who conduct instrument flight rules (IFR) operations under that part to use the U.S. National Weather Service or a source approved by the Administrator.

B.     Approving Weather Collection and Dissemination System. OpSpec A010 provides the method for approving this adverse weather phenomena collection and dissemination system. Volume 3, Chapter 26, Aviation Weather Information Systems for Air Carriers, provides additional direction and guidance on aeronautical weather data systems.

C.     Approval to Use Enhanced Weather Information Systems. Enhanced Weather Information Systems (EWINS) are approved by OpSpec/MSpec A010. Approval for an operator to use EWINS must be accomplished by referencing the EWINS Policy and Procedures Manual in OpSpec/MSpec A010. The original date of the EWINS manual and the last revision must also be referenced in OpSpec/MSpec A010. See Volume 3, Chapter 26, Section 4, Sources of Weather Information.

D.    Approval for Adverse Weather Phenomena Reporting and Forecasting System. Part 121 operators (domestic and flag operations) who are not approved to use EWINS must obtain approval of an Adverse Weather Phenomena Reporting and Forecasting System. For these operators, OpSpec/MSpec A010 must be completed as follows:

1)      Reference sections of the operator’s manual or other documents that describe the operator’s Adverse Weather Phenomena Reporting and Forecasting System. If such manual sections or other documents do not clearly describe the Adverse Weather Phenomena Reporting and Forecasting System, a narrative description (combined with references where available) of the approved system must be added to OpSpec/MSpec A010. See Volume 3, Chapter 26, Section 3, Parts 121/135 Weather Information Systems, paragraphs 3‑2096 and 3‑2097.
2)      Reference or describe the methods used for obtaining and disseminating other types of weather data (not related to the approved Adverse Weather Phenomena Reporting and Forecasting System) in OpSpec/MSpec A010.

E.     Requirement to Use Qualified Internet Communications Provider. For Internet communications of aviation weather and Notices to Airmen (NOTAM) used in flight operations, all part 121 and 135 operators are required to use an approved Qualified Internet Communications Provider (QICP).

1)      List the QICPs used by the operator in OpSpec/MSpec A010 subparagraph a, Table 1.
2)      The QICP used must be obtained from the approved list provided by the FAA.
3)      For more detailed information in regard to QICPs, refer to AC 00‑62, Internet Communications of Aviation Weather and NOTAMs, and Volume 3, Chapter 26, Aviation Weather Information Systems for Air Carriers.

OPSPEC/MSPEC A011, APPROVED CARRY‑ON BAGGAGE PROGRAM.

A.     General. Part 121, § 121.589 requires part 121 operators to have an approved carry‑on baggage program. This regulation also requires FAA approval to be in the operator’s OpSpecs. When the FAA issues OpSpec/MSpec A011, the operator is authorized to either allow passengers to stow carry on bags in the aircraft cabin or restrict the items brought inside the aircraft cabin to passenger personal items. Operators that do not allow carry on bags in the cabin of the aircraft are considered to have a no‑carry-on baggage program. Advisory Circular (AC) 120‑27, Aircraft Weight and Balance Control, current edition, provides further details regarding the definitions of carry‑on baggage and personal items. OpSpec/MSpec A011 must describe or reference the carry on baggage program or the no‑carry‑on baggage program. It is permissible for OpSpec/MSpec A011 to reference a separate carry‑on baggage document developed by the operator that describes the program. However, the operator may elect to implement the carry‑on baggage program by describing the requirements of the program in various sections of its manuals, such as the passenger services manual and the flight attendant manual. In this case, template A011 should reference specific sections of the pertinent manuals. Reference to the approved program in the template must be controlled by revision number and/or date, as appropriate. When an operator’s manual or separate carry‑on baggage document does not adequately describe the approved carry‑on baggage program, a combination of references and narrative description may be necessary. The description of the approved carry‑on baggage program must address the items discussed in the current editions of AC 121‑29, Carry‑On Baggage, and AC 120‑27. Additionally, one or more of templates A096, A097, A098, and/or A099 must be issued to track the approved carry‑on bag/personal item actual or average weights.

B.     Accounting for Carry‑On Baggage Weight. Parts 91, 91 subpart K, and 135 operators requesting authorization to use average or segmented passenger weights that meet the requirements specified in AC 120‑27, current edition, must either have a letter of authorization or been issued OpSpec/MSpec A011 to account for the actual or average weights used to account for carry‑on baggage. Additionally, one or more of OpSpecs/MSpecs A096, A097, A098, and/or A099 must be issued to track the approved carry‑on bag/personal item actual or average weights.

C.     No Carry‑On Baggage Program. Operators of small- and medium‑cabin aircraft, as referenced in AC 120‑27, current edition, may elect to only allow personal items onboard the aircraft. Operators with no‑carry‑on baggage programs must have procedures in place that ensure carry on bags are either checked at the ticket counter, the gate, or plane side. Training programs should include the recognition of carry on bags and procedures for removing such bags if they are inadvertently brought onboard the aircraft.

OPSPEC A012, DOMESTIC OPERATIONS TO CERTAIN AIRPORTS OUTSIDE THE 48 CONTIGUOUS UNITED STATES.

A.     General. OpSpec A012 is the method the Administrator uses to authorize a certificate holder that conducts domestic operations to comply with all regulations applicable to domestic operations to and from specific airports outside the 48 contiguous United States instead of the part 121 regulations applicable to flag operations. Part 119, § 119.3, under the definition “domestic operation,” provides the authority for the Administrator to permit this authorization and may be granted only when the following conditions and limitations can be met:

1)      The destination airport outside the contiguous United States is within 2 hours’ average flying time of the border of the contiguous United States. The determination of the 2‑hour distance is based on the average cruise true airspeed for the fleet type. Actual daily flight plan speed, routing or weather patterns (en route winds) do not affect this authorization.
2)      This domestic operation authorization applies only to operations conducted as follows:
a)      From airports located in the contiguous United States (listed in the certificate holder’s OpSpec C070);
b)      To the airports listed in Table 1, provided those airports are outside the contiguous United States and are within 2 hours’ average flying time of the territorial limits of the 48 contiguous United States; and
c)      From the airports listed in Table 1 to the airports located in the contiguous United States (listed in the certificate holder’s OpSpec C070).
3)      The flight operations have rapid and reliable communications capability in accordance with part 121, § 121.99.
4)      The operator can show compliance with the weather reporting services requirements of part 121, § 121.101 (see AC 00‑45, Aviation Weather Services, current edition, for further guidance).
5)      No special training or procedural requirements need be accomplished before granting this authorization unless there are procedural requirements which are new to the operator or its crewmembers.
6)      The certificate holder must obtain written economic authority from Department of Transportation (DOT) and have that authority documented in its OpSpec A001.

B.     Conditions Cannot Be Met. If the conditions and limitations above cannot be met, the airports may not be authorized on OpSpec A012 for operations under domestic rules and the flights must be operated under flag rules.

C.     Flights That Exceed the Two‑Hour Limitation.

1)      The Administrator may grant this authorization for flights that exceed 2 hours beyond the territorial limits of the 48 contiguous United States only with the concurrence of the manager of the Air Transportation Division, AFS‑200, in accordance with the guidance for requesting a nonstandard OpSpec authorization. In addition to the requirements described above, the following items must be addressed and expanded upon for this nonstandard request to be considered.

Note:   Economy of flight is not an applicable condition.

a)      Unique weather environments;
b)      Runway availability (is more than one runway available?);
c)      Alternate airport(s) within the fuel range of the flight’s planned fuel supply (these must be listed in the dispatch release if this authorization is granted); and
d)      For most aircraft, the fuel reserve requirements for domestic and flag operations become approximately equivalent for flights of about 2 to 2 1/2 hours total flight time. For flight times in excess of 2 to 2 1/2 hours, the request must address fuel requirements mitigation.
2)      If AFS‑200 concurs with the request, the approved International Civil Aviation Organization identifier for the airport outside the contiguous United States must be listed in Table 1 of OpSpec A012. An asterisk (*) may be placed next to the identifier in the column. Note this specific concurrence along with any appropriate conditions and limitations in the nonstandard text provision of OpSpec A012. For example, *Nonstandard authorized by AFS‑200 memo dated January 25, 2001.

OPSPEC/MSPEC A013, OPERATIONS WITHOUT CERTAIN EMERGENCY EQUIPMENT.

A.     General. Use OpSpec/MSpecs A013 and A005 to approve deviations from the requirements for certain emergency equipment for extended over water operations for turbojet‑powered airplanes.

1)      Authorization for issuance requires the concurrence of the principal operations inspector (POI), the appropriate region, and the Air Transportation Division, AFS‑200.
2)      Approval is indicated by listing in OpSpec/MSpec A013 the make and model of the aircraft and the routes and/or areas to which the deviation applies.

B.     Applicability of OpSpec/MSpec A013 and Associated Deviations.

1)      Part 91 subpart K fractional ownership program managers may apply for a deviation from part 91, § 91.509 to permit extended over water operations without carrying certain emergency ditching equipment.
2)      Part 121 certificate holders may apply for a deviation from part 121, § 121.339 to permit extended over water operations without carrying certain emergency ditching equipment.
3)      Part 135 certificate holders may apply for a deviation from part 135, § 135.167 to permit extended over water operations without carrying certain emergency ditching equipment.

C.     Granting Deviations. If the FAA grants a deviation and issues OpSpec/MSpec A013:

1)      Part 91K, fractional ownership program managers must list part 91, §§ 91.509(b)(2), (3), (4), and (5) in MSpec paragraph A005 with the reference to A013.
2)      Part 121 certificate holders must list part 121, § 121.339(a)(2), (3), and (4) in OpSpec A005 with the reference to OpSpec A013.
3)      Part 135 certificate holders must list part 135, § 135.167(a)(2) in OpSpec A005 with the reference to A013.

D.    Life Preserver Deviation. It is FAA policy that deviations from the requirement to carry life preservers (§§ 121.339(a)(1)), 135.167 (a)(1), or 91.509(b)(1), as applicable) will not be approved.

E.     Deviations From Carrying Liferafts. Deviations from the requirements for carrying liferafts and the liferaft’s required attached equipment may be approved. There is no individual deviation provision or requirement for a deviation for the following required items:

·        Survival kits (§§ 91.509(e), 121.339(c)), and, 135.167(c), as applicable);

·        Pyrotechnic signaling devices (§§ 91.509(b)(3), 121.339(a)(3), and 135.167(b), as applicable); and

·        Emergency locator transmitters (§§ 91.509(b)(3), 121.339(a)(4), and 135.167(b), as applicable).

F.      Permitted Areas of Operation. The area(s) of operation permitted is any offshore area adjoining the 48 contiguous states of the United States, the Gulf of Mexico, and the Caribbean Islands, as follows:

1)      The south and east coasts of the United States, below 35 degrees North latitude, the Gulf of Mexico, and the Caribbean Islands, not to exceed 30 minutes’ flying time in still air with one-engine inoperative, or 162 nautical miles (NM) from the nearest shoreline, whichever is less.
2)      The east coast of the United States, 35 degrees North latitude and above, not to exceed 30 minutes’ flying time in still air with 1 engine inoperative or 100 NM from the nearest shoreline, whichever is less.
3)      The west coast of the United States, not to exceed 30 minutes’ flying time in still air with one-engine inoperative or 100 NM from the nearest shoreline, whichever is less.

G.    Requirements for Supporting Documentation for Deviation Request. The operator must submit an application with supporting documentation for the deviation request with at least the following information about the conditions that must be met for the approval:

1)      Aircraft operational capabilities for diversion due to an engine failure. This information must include drift down profiles, engine out cruise performance for two‑ and three‑engine aircraft, and two‑engine cruise performance for four‑engine aircraft.
2)      A graphical presentation of the areas and routes of en route operation and/or routes over which provisions of the deviation will apply, including proposed minimum en route altitudes and airports which could be used if diversion is necessary. The A013 authorization contains a limitation that in flight operations must not exceed the distance allowed under subparagraph F, as applicable, from a shoreline at any time. An exception is allowed for temporary maneuvering for weather avoidance.
3)      Navigation and communication equipment requirements and capabilities for normal flight conditions and for engine inoperative flight conditions in the proposed areas of en route operation.
4)      Existing and/or proposed procedures for diversion contingency planning and training curricula for flight and cabin crewmembers concerning ditching without liferafts.
5)      A description of search and rescue facilities and capabilities for the proposed areas of en route operations.

H.    Reviewing the Application.

1)      The principal operations inspector (POI), in coordination with the principal maintenance inspector (PMI) and principal avionics inspector (PAI), must evaluate and substantiate submitted information. If a POI does not concur with the operator’s proposal, the POI will forward a letter to the operator denying the application for a deviation with an explanation of the reasons for denial. If a POI concurs that the deviations should be approved, the POI will prepare and forward a recommendation along with the operator’s application and supporting information to the Air Transportation Division, AFS‑200, through the regional Flight Standards division.
2)      AFS‑200 will review the application, the supporting information, and the POI’s recommendation. If AFS‑200 does not concur with the POI’s recommendation, AFS‑200 will forward a letter to the POI, with a copy to the region, indicating nonconcurrence with an explanation of the reasons. If AFS‑200 agrees with the POI’s recommendation, AFS‑200 will advise the POI by letter of the concurrence. With AFS‑200 concurrence, the POI may approve the deviation by issuing A013 and A005.

OPSPEC A014, IFR EN ROUTE OPERATIONS IN CLASS G AIRSPACE.

A.     General.

1)      A014 provides the initial authorization for instrument flight rules (IFR) en route operations in Class G airspace. Other IFR en route authorizations may be found in OpSpecs B031, B034, B035, and B036, as applicable and appropriate.
2)      OpSpec B032 prohibits special IFR en route operations in Class G airspace unless the POI approves such operations by issuing A014. IFR operations in Class G airspace are not provided any air traffic control (ATC) separation services. The certificate holder and the pilot in command (PIC) are responsible for avoiding obstacles and other air traffic.

B.     Prerequisites for Authorizing En Route IFR Operations. Before authorizing en route IFR operations in Class G airspace to part 121, 121/135, 125, or 135 certificate holders:

1)      The POI must confirm that the operator has a method or procedure for assuring that any facilities and services that this type of operation depends upon are operational during the periods in which flights are to occur.
2)      The POI must also confirm that the operator has developed procedures and guidance for crewmember use while operating in areas of en route operations in Class G airspace. Aeronautical Information Publications (AIP) or flight information region (FIR) publications have broadcast in the blind procedures and other guidance for crewmember use when large areas of Class G airspace are within the area covered by the AIP or FIR.

Note:   See Volume 4, Chapter 1, Section 1, General Navigation Concepts, Policies, and Guidance, and Section 4, Class II Navigation, for further discussion on en route operations in Class G airspace.

3)      The reference to OpSpec B051 is to provide for part 121 reciprocating and turbo propeller powered aircraft operations only.

C.     Special Terminal Area IFR Operations. OpSpecs C064, C080, and/or C081 now authorize special terminal area IFR operations in Class G airspace or at airports without an operating control tower. One or both types of these operations may be authorized.

D.    Program Manager Authorizations. MSpec A014 authorizes the program manager to conduct IFR operations in Class G airspace and at airports without an operating control tower. Part 91 subpart K program managers will not have a separate MSpec C064 or C080.

OPSPEC A015, AUTOPILOT IN LIEU OF REQUIRED SECOND IN COMMAND.

A.     General. In accordance with part 135, § 135.105(b), a part 135 operator may apply for authorization to use an autopilot in place of a second in command. The principal operations inspector (POI) must coordinate with an avionics inspector to ensure each particular aircraft/autopilot combination is installed in accordance with FAA‑approved data, is airworthy, and is operationally capable of maintaining control of the aircraft to the degree specified in § 135.105(c).

B.     Making Note of Conditions and Limitations. List the aircraft make and model and the autopilot manufacturer and model identification in A015. Any conditions or limitations which the POI determines necessary for a particular aircraft/autopilot combination must also be listed. It is not necessary to repeat conditions or limitations already specified in an Airplane Flight Manual (AFM) or AFM supplement. If no conditions or limitations apply, enter the word “none” in that part of the listing.

OPSPEC A016. Reserved. It was split into four separate authorizations: A037, A038, A039, and A040.

OPSPEC A017, APPROVED SECURITY PROGRAM FOR HELICOPTERS.

A.     General. Title 49 of the Code of Federal Regulations part 1,500 does not include provisions for helicopter security programs. Helicopter operators who wish to enplane or deplane passengers or checked luggage into “sterile areas” must apply for, and receive authorization to use, an approved security program. A017 conveys the authority for helicopter operators to use an approved security program. Principal operations inspectors will not issue A017 without concurrence of the Civil Aviation Security Field Office.

B.     Using References. Describe or reference the security program used by the operator in A017a. Reference sections of the operator’s manual that describe the program used by that operator. It is not necessary to control these references by date. Change the references only when a revision to the operator’s manual makes the reference in the OpSpecs incorrect. When the operator’s manual does not adequately describe the system and/or procedures used, a narrative description combined with references may be needed.

C.     Listing Airports and/or Heliports. List the airports and/or heliports where operators must comply with the approved security program in A017b.

OPSPEC A018, SCHEDULED HELICOPTER OPERATIONS. A018 is issued to helicopter operators who operate scheduled passenger or cargo carrying operations.

A.     Completing Approach and Landing With Powerplant Failure. Subparagraph A018a(2) authorizes scheduled helicopter operations along “Restricted Helicopter Routes” with helicopters which do not have Transport Category “A” one engine inoperative performance capabilities. The operator must show that helicopters using these routes can, at any point along the route and while at the minimum authorized altitude, complete a safe approach and landing if powerplant failure occurs. Determining compliance with these conditions will almost always be a controversial and difficult inspector task. For this reason, only currently qualified and highly experienced helicopter specialists should be used to evaluate these types of routes. In controversial cases, a team of helicopter specialists should be employed for this task.

B.     Defining Restricted Helicopter Routes. OpSpec B050 must precisely define “Restricted Helicopter Routes.” This may be accomplished in accordance with instructions in Volume 3, Chapter 18, Section 4, Part B Operations Specifications—En Route Authorizations and Limitations, paragraph B050, subparagraph B(2)(e). In certain situations, detailed descriptions (including maps, charts, ATC letters of agreement, special provisions, and limitations) of “Restricted Helicopter Routes” may be lengthy and complex. Therefore, it is permissible to incorporate these documents in B050 by reference.

OPSPEC A019, AUTOMOTIVE GASOLINE AS AIRCRAFT FUEL. A certificate holder may request authorization to use automotive gasoline as fuel in reciprocating engine aircraft used in 14 CFR part 135 cargo operations. When an inspector receives a request for this authorization, he must take all of the following actions before issuing A019:

A.     Approval to Use Automotive Gasoline. In coordination with an Airworthiness inspector, determine that the specific aircraft is approved to use automotive gasoline as fuel.

B.     Inspect the List of Aircraft. Inspect the proposed list of aircraft the certificate holder must maintain under 14 CFR part 119, § 119.59(b) for compliance with the provision of A019b(2).

C.     Inspect Certificate Holder Procedures. In coordination with an Airworthiness inspector, determine that the certificate holder has written procedures which provide compliance with the requirements of OpSpec paragraphs A019b(3) and (4).

D.    Necessary Entry in Aircraft and Powerplant Historical Record. The certificate holder must enter, in each appropriate aircraft and powerplant historical record, the following entry:

“This aircraft/powerplant has been operated using automotive gasoline as fuel and is prohibited for use in part 135 passenger carrying operations until the following events have been completed and documented by a person authorized to perform an annual inspection of this aircraft:

1)      Remove all automotive fuel and fuel residue from the aircraft and powerplant fuel systems.
2)      Inspect all components of the aircraft fuel system and appropriate components of the powerplants to determine that those components are airworthy and conform to the appropriate type design.
3)      Record events (1) and (2) in the aircraft and/or powerplant records.”

OPSPEC A020, AIRPLANE OPERATIONS WITHOUT INSTRUMENT RATED PILOTS. A certificate holder who applies for this authorization may be issued A020 after each of the following considerations are satisfied.

A.     Criteria for an Isolated Area. The area to be approved must be isolated. In determining whether an area is an “isolated area,” consider the following criteria:

1)      Isolated areas may include small settlements or villages. Commercial transportation, such as bus or train, is not available. Major highways do not transit or penetrate isolated areas although secondary and unimproved roads (suitable for cars and trucks) may be available. In many cases, the destinations are so isolated that air travel is the primary means of transportation.
2)      Landing areas may be unimproved strips or water sites depending on the kinds of airplanes used and the time of year. Ski equipped airplane operations would be appropriate to frozen lakes or rivers and to suitable, snow covered land areas.
3)      The size of isolated areas may vary considerably, depending on the needs of a particular certificate holder. However, part 135, § 135.243(d) states that flights may not exceed 250 nautical miles (NM) from the operator’s base of operations. The point of departure, en route portion of flight, and landing site all must be within the boundaries of the approved isolated area.
4)      Within isolated areas flight planning and navigational requirements are normally performed by pilotage only. Radio navigational signal coverage (very-high frequency omnidirectional range or nondirectional radio beacon facilities) is usually limited, or largely ineffective, in these areas. However, a radio facility may be located at or near a landing site without changing the classification of the isolated area.
5)      Weather hazards that may be encountered in the proposed area and planning strategies that may reduce risk. (e.g., valleys may produce heavy fog in morning hours. Should a destination airport become fogged in while en route, consider using ABC airport as an alternate.)

B.     Application for Isolated‑Area Operations Using a PIC Without an Instrument Rating. Applicants requesting approval for these operations must hold an Air Carrier Certificate or an Operating Certificate and OpSpecs authorizing part 135 on‑demand visual flight rules (VFR) day‑only operations using single‑engine land or seaplanes. Isolated‑area operations using a pilot in command (PIC) without an instrument rating must not be authorized for commuter operations. Application for this authorization must be made by letter requesting amended OpSpecs. A map or current aeronautical chart identifying the area involved must be attached to the letter of application. This chart must clearly show the boundaries of the isolated area, the principal landing sites, and the distances from the operator’s operations base.

C.     Review of the Application for Compliance. Inspectors must review the application to confirm compliance with § 135.243(d)(3) (that the area is isolated) and § 135.243(d)(6) (flight distances do not exceed 250 NM). Inspectors must determine whether the certificate holder has a manual that incorporates instructions concerning operations in isolated areas. This manual must include a procedure that guarantees that noninstrument-rated PICs will not be used outside of the approved isolated areas. The principal operations inspector must determine that the following requirements are met before issuing A020.

1)      All aircraft to be used are single, reciprocating engine powered, nine or fewer passenger airplanes equipped for at least day VFR operations.
2)      Operations are limited to on demand, day VFR flights within the boundaries of the approved isolated area and not more than 250 NM distance from the base of operation.
3)      Flight locating procedures are adequate.
4)      The regional Flight Standards division concurs with the approval of the isolated area operation.

OPSPEC A021, HELICOPTER EMERGENCY MEDICAL SERVICES (HEMS)/AIR AMBULANCE OPERATIONS—HELICOPTER.

A.     General. OpSpec A021 authorizes a certificate holder operating under part 135 to conduct air ambulance visual flight rules (VFR) emergency medical service operations in helicopters. The terms air ambulance, helicopter emergency medical services (HEMS), and helicopter emergency medical evacuation services (HEMES) are used interchangeably in regard to this authorization.

1)      This HEMS/air ambulance authorization requires that the intended takeoff and landing site be adequate for the proposed operation considering the size of the site, type of surface, surrounding obstructions, and lighting.
2)      If the HEMS operation is to be conducted at night, the takeoff and landing site must be clearly illuminated by a lighting source that will provide adequate lighting for the site itself and for any obstructions that could create potential hazards during approach, hovering, taxiing, and departure operations.

B.     Provisions and Limitations. OpSpec A021 specifies that the certificate holder may not use a pilot in command (PIC) in HEMS operations unless that PIC has satisfactorily completed the certificate holder’s FAA-approved training program for such operations. Because HEMS operations often involve flights during periods of inclement weather, the training program for HEMS operations must include a segment that covers the recovery from inadvertent instrument meteorological conditions encountered because of unforecasted weather conditions.

1)      OpSpec A021 specifies the conditions (day/night), area (local/cross country), ceiling, and visibility the certificate holder is authorized to use for HEMS operations in Class G (uncontrolled) airspace. Night conditions are further defined by identifying different minimums for high and low lighting conditions. In addition, OpSpec A021 specifies different ceiling and visibility minimums for these considerations and areas when operating in mountainous and nonmountainous areas. Each specific combination of conditions and areas are listed in OpSpec A021.
a)      The possible combinations of conditions and area include time of day (night or day), level of light available at night (low and high lighting conditions), area of operation (local or cross country), and the kind of area (mountainous or non‑mountainous). Each of these combinations is specified along with ceiling and visibility authorizations.
b)      Instrument flight rules (IFR) operators authorized to fly point-in-space special instrument approach procedures (IAP) with a “Proceed VFR” transition to the heliport must apply their visual flight rules (VFR) weather minimums in determining their landing minimums.

1.      Since these operations require that the aircrew be specifically qualified for the use of these approaches, the visual segment area may be considered “local” in nature.

2.      Because the pilot and aircraft are trained, equipped, and authorized as fully IFR capable under Part H authorizations, the area may be considered the equivalent of a “high lighting conditions” area at night.

3.      The effect of precipitous terrain has been accounted for in the development of the minimum descent altitude (MDA) so, for purposes of applying VFR minimums in determining IFR landing visibility minimums, the area may be considered “nonmountainous.” For planning purposes, this consideration applies when the distance from the missed approach point to the landing area is less than 3 NM.

4.      Therefore, when applying the VFR weather minimums of OpSpec A021 in determining the minimums for all Special PinS approaches, with a “Proceed VFR” transition to the heliport, apply the local, nonmountainous, day, or night high lighting conditions (as appropriate) minimums in Table 1 of OpSpec A021 in determining the landing minimum if the distance from the missed approach point to the heliport is 3 NM or less. However, if the distance from the missed approach point to the heliport exceeds 3 NM, the certificate holder must apply the VFR minimums prescribed in Table 1 of OpSpec A021 appropriate to the actual existing conditions (local, mountainous, day or nonmountainous, cross country, night, etc.).

Note:   For instrument approaches with a “Proceed visually” visual segment, the minimums provided in OpSpec A021 do not apply; the minimums specified in the instrument approach procedure apply.

c)      Requests for lower weather minimums for operations in uncontrolled airspace must be coordinated with and approved by AFS‑200 through the regional Flight Standards division (RFSD). These requests must follow the nonstandard OpSpec approval process outlined in Volume 3, Chapter 18, Section 2, Automated Operations Safety System (OPSS), paragraph 3‑713, Procedures for Requesting Nonstandard Authorizations.

C.     Local Area. OpSpec A021 contains a description of the “local area.” The local area is an area designated by the certificate holder which generally may not exceed 50 NM from the dispatch location, taking into account man made and natural geographic terrain features that are easily identifiable by the PIC, and from which the PIC may visually determine a position at all times.

1)      The local area may be the same for night and day operations unless the terrain features used for the day local area would not be discernible at night. In such a case, both a day and night local area must be described.
2)      For example, in mountainous or desert locations, geographical features may facilitate day operations but because of the lack of such features and/or lighted landmarks, night operations would not be authorized.
3)      Additional information on local flying areas is provided in Volume 4, Chapter 5, Section 3, Air Ambulance Service Operational Procedures, paragraph 4‑947, Local Flying Area for HEMS Operations.

D.    Additional Information. For more information, see OpSpec A024, Air Ambulance Operations—Airplane, and OpSpec A050, Helicopter Night Vision Goggle Operations, in this section.

OPSPEC A022, APPROVED EXIT ROW SEAT PROGRAM. Reserved.

OPSPEC A023, USE A PROGRAM DURING GROUND ICING CONDITIONS.

A.     Part 121. Part 121, § 121.629(c) requires part 121 certificate holders to have an approved ground deicing/anti‑icing program, unless the certificate holder complies with § 121.629(d), which requires an outside the aircraft pretakeoff contamination check. Principal inspectors (PI) will issue OpSpec A023 to authorize the use of an approved ground deicing/anti-icing program or the use of an outside the aircraft pretakeoff contamination check. See Volume 3, Chapter 27, Ground Deicing/Anti icing Programs, for guidance on approving a ground deicing/anti-icing program.

B.     Parts 125 and 135. Part 125, § 125.221 and part 135, § 135.227 require parts 125 and 135 certificate holders who operate during ground icing conditions to have approved aircraft pretakeoff contamination check procedures. PIs will issue OpSpec A041 to authorize a pre takeoff contamination check (not necessarily outside the aircraft). A part 125 or 135 certificate holder may choose to comply with § 121.629(c) by having an approved ground deicing/anti icing program, in which case the PI will issue OpSpec A023. If a part 125 or 135 operator chooses to operate without a pre takeoff contamination check or without a § 121.629(c) program, then PIs may only authorize them to operate when ground icing conditions do not exist by issuing OpSpec A042. See Volume 3, Chapter 27 for guidance on approving a ground deicing/anti-icing program.

OPSPEC A024, AIR AMBULANCE OPERATIONS—AIRPLANE.

A.     General. Airplane air ambulance operations do not differ significantly from other types of airplane air carrier operations. A024 authorizes a certificate holder operating in accordance with parts 121 or 135 to conduct EMS operations in airplanes.

B.     Requirement for Aircraft Used in Air Ambulance Operations. The aircraft used in air ambulance operations must be equipped with at least medical oxygen, suction, and a stretcher, isolette, or other approved patient restraint/containment device. The aircraft need not be used exclusively as an air ambulance aircraft, and the equipment need not be permanently installed.

C.     Air Ambulance Operations Definition.

1)      Air transportation of a person with a health condition that requires medical personnel as determined by a health care provider; or
2)      Holding out to the public as willing to provide air transportation to a person with a health condition that requires medical personnel including, but not limited to, advertising, solicitation, association with a hospital or medical care provider.

D.    Complete the Training Program Before Starting Air Ambulance Flights. A024 specifies that the flightcrew must satisfactorily complete the certificate holder’s approved training program prior to commencement of air ambulance flights.

E.     Additional Information. For further guidance see Volume 4, Chapter 5, Air Ambulance Operations, and OpSpec A021, Air Ambulance Operations—Helicopter.

OPSPEC/MSPEC A025, ELECTRONIC RECORDKEEPING SYSTEM AND/OR ELECTRONIC FLIGHT BAG.

A.     General. A025 is required for part 121 air carriers in accordance with part 121, § 121.683. It is an optional paragraph for 14 CFR part 91 subpart K program managers, 14 CFR part 135 air carriers, and 14 CFR part 145 repair stations. Recordkeeping for part 121 air carriers is covered in part 121 subpart V, Records and Reports.

1)      The full description of the electronic recordkeeping system may be kept in the operator’s General Operations Manual (GOM). Reference the GOM appropriately in A025.
2)      Volume 3, Chapter 31, Operator Recordkeeping for 14 CFR Part 121 and 135 Certificate Holders, sections 1–4, give details of the requirements for approving an air carrier’s recordkeeping system.
3)      A025 is also used to approve an electronic flight bag. See AC 120‑76, Guidelines for the Certification, Airworthiness, and Operational Approval of Electronic Flight Bag (EFB) Computing Devices (current edition), for more information.
4)      Volume 6, Chapter 2, Section 24, Station Facilities Inspections for Part 121 and 135 Air Carriers (PTRS Code 1635), provides guidance for inspections that include the review of required records.

B.     Additional Information. See A025 Job Aid in the OPSS for other current information.

C.     Part 145. For part 145 repair stations, A025 identifies the electronic/digital recordkeeping system acceptable to the administrator. It also identifies the certificate holder and their electronic signature procedures.

OPSPEC A026, RESTRICTED OPERATION OF CERTAIN STAGE 2 AIRPLANES. Reserved.

OPSPEC/MSPEC A027, LAND AND HOLD SHORT OPERATIONS. (OPTIONAL)

A.     General. OpSpec A027 authorizes Land and Hold Short Operations (LAHSO) for part 121, 125, and 135 certificate holders, and part 91 subpart K program managers. Certificate holders must meet certain requirements for operational policies, procedures, and training for LAHSO before the principal operations inspector (POI) may issue this OpSpec. No operator may participate in LAHSO unless it has accomplished flightcrew training. FAA Air Traffic Order 7110.118, Land and Hold Short Operations (LAHSO), must be used in conjunction with the information provided in this paragraph.

Note:   Waivers will not be issued to any LAHSO procedures.

B.     Requirement for Participating in LAHSO. Operators may not participate in LAHSO and the FAA will not issue OpSpec A027 until the following are met:

1)      Local Flight Standards District Office (FSDO) managers and local and regional Air Traffic managers must coordinate, (in accordance with FAA Order 7210.3, Facility Operation and Administration and Order 7110.118) the following for airports in their district conducting LAHSO:

·        Participation of Flight Standards Service (AFS) representatives in local LAHSO development teams;

·        Review of air traffic control (ATC) procedures to ensure that procedures are consistent with aircraft/aircrew performance capabilities according to the type of aircraft operations involved;

·        Assisting in the identification of eligible aircraft that may operate on each runway, based on the available landing distance (ALD); and

·        Ensuring that no air carrier is approved to operate aircraft to a runway, for the purpose of conducting LAHSO, with less than that specified on Order 7110.118, appendix 1, Aircraft Group/Distance Minima.

Note:   Aircraft not identified in Order 7110.118, appendix 1 do not participate in LAHSO. Aircraft additions to Appendix 1 may be requested through the local ATC facility manager to Air Traffic Service (AAT) and AFS at FAA Headquarters.

2)      POI.
a)      Each POI must review the following:

·        FAA Order 7110.118, in order to identify AFS roles and responsibilities to support joint development of procedures for conducting LAHSO at specific airports. FAA Order 7110.118 may be found at http://ato.faa.gov.

Note:   If Internet access is unavailable, contact ATP 120 at (202) 267‑7265 for the most current guidance document.

·        Regulatory requirements, as applicable: parts 125 and 135 subpart I; and §§ 91.1037, 23.75; 25.125; and 121.195.

b)      Each POI must ensure the following actions have been accomplished before issuing or re‑issuing, as appropriate, OpSpec A027:

·        The air carrier has instituted flight crewmember training on LAHSO;

·        The air carrier has a system that accurately determines the landing distance or maximum landing weight required for LAHSO and that ensures no aircrew accepts a landing clearance to a runway with a landing distance less than the distance identified in FAA Order 7110.118, appendix 1;

·        The air carrier has provided flight crewmembers with all necessary information needed to conduct LAHSO; and

·        Paragraph A027c describes the location of the air carrier’s LAHSO procedures. These procedures may be contained in any flight crewmember manual or document readily available to flight crewmembers for reference.

Note:   The FAA strongly recommends that all carriers provide aircrews with in flight single source documentation on LAHSO procedures. See Volume 4, Chapter 3, Section 5, Selected Practices, paragraph 600, Land and Hold Short Operations (LAHSO), for additional information.

OPSPEC A028—AIRCRAFT WET LEASE ARRANGEMENTS. In FAA use, the term “wet lease” is any leasing arrangement whereby a person agrees to provide an entire aircraft and at least one crewmember (part 119, § 119.3). This OpSpec authorizes certificate holders who conduct common carriage operations under parts 121 and 135 to enter into wet lease arrangements with other part 119 certificate holders. See Volume 12, Chapter 2, Section 9, Lease, Interchange, and Charter Arrangements, for the wet lease of any aircraft by a U.S. air carrier to a foreign air carrier or foreign person engaged in common carriage wholly outside the United States. Volume 3, Chapter 13, Section 4, Wet Lease Agreements, provides direction and guidance for processing and authorizing wet lease arrangements.

A.     Reviewing Wet Lease Arrangements. When reviewing proposed § 119.53 wet lease arrangements between U.S. certificate holders authorized to conduct common carriage operations, there are two critical factors to consider: (1) whether or not the lessee has exclusive legal possession and use of the entire aircraft, and (2) whether or not the lessor retains actual possession and operational control of the aircraft by virtue of providing and controlling the crewmembers.

1)      Possession. In an FAA‑defined wet lease, the lessor surrenders legal possession of specific aircraft to the lessee, but in general retains actual possession of the aircraft by virtue of providing and controlling the crewmember(s). This form of lease implies that the lessee has possession or custody, not ownership, of the aircraft for a specified period of time or a defined number of flights.
a)      The lessor is the certificate holder who grants legal possession and use of specific aircraft to another certificate holder.
b)      The lessee is the certificate holder who obtains legal possession and use of specific aircraft from another certificate holder.
c)      If the lessor/grantor never transfers legal possession or custody of the entire aircraft, the arrangement is not a § 119.53 wet lease. Likewise, if the arrangement makes it clear that actual possession of the entire aircraft is never transferred; the arrangement is not a § 119.53 wet lease. In this case the arrangement might actually be a charter. An example of such an arrangement is a provision of “aircraft with crew” agreement where no legal or actual transfer of the possessory rights to the aircraft occurs. Such an arrangement is a services agreement for provision of a flight service to a customer even if characterized as a wet lease by the parties to the agreement.
2)      Operational Control. As defined in 14 CFR part 1, operational control is the exercise of authority over initiating, conducting, or terminating a flight. The certificate holder exercising operational control—generally the lessor—is responsible for the safety and regulatory compliance of the flights. The FAA rarely has allowed operational control to be exercised by the lessee certificate holder. An example of such a case entails a lessee certificate holder who obtains legal possession of the lessor certificate holder’s aircraft and, as part of the arrangement, the lessor agrees to furnish two flight attendants with the aircraft. In addition, the lessee furnishes the pilot crewmembers to operate the aircraft. In this case, the lessee certificate holder obtains both actual and legal possession of the aircraft and operational control by virtue of providing and controlling the pilot crewmembers. If there is a question that the lessee may have operational control, the lease must also be reviewed by AFS‑200 and AGC‑300. In this case, both must concur in the issuance of OpSpec A028.
3)      Wet Lease Types. Operational control under an FAA‑defined wet lease will be one of two types.
a)      The lessor certificate holder will have operational control of the listed aircraft. If the lessor certificate holder will have operational control, that certificate holder is authorized to conduct operations in accordance with each applicable wet lease arrangement identified in Table 1 of the OpSpec.

1.      The certificate holder issued this authorization must at all times be responsible for and maintain the operational control and airworthiness of each aircraft identified in each lease arrangement. The lease arrangement(s) must be listed in Table 1 of the OpSpec.

2.      The nationality, registration, and serial number of each aircraft to be used under the terms of the wet lease arrangement will be identified in paragraph D080 or D087, as applicable, and D085 of the certificate holder’s OpSpecs.

3.      While conducting operations under this authorization, the lessor may use the call sign and flight number(s) of the lessee, provided that, for all flights the lessor certificate holder explains in the remarks section of the applicable flight plan that the flight is actually being conducted under the call sign and flight number(s) of the lessee.

4.      Both lessor and lessee certificate holders will have their role and information of the wet lease arrangement documented in OpSpec A028 of their respective OpSpecs.

b)      The lessor certificate holder will not have operational control of the listed aircraft. This type of arrangement is rare. For the FAA to approve such an arrangement, the parties to it will have to establish to the FAA’s satisfaction how the lessee will exercise operational control of the aircraft. For the party to each applicable wet lease who will not have operational control, that determination must be stated in Table 2, of the respective certificate holders’ OpSpecs. Under this example, the lessor certificate holder not having operational control will exercise the wet lease arrangement(s) listed in Table 2 with the following limitations and provisions:

1.      The lessee, as the party exercising operational control, is singularly responsible for the safety and regulatory compliance of the flights.

2.      The lessee, as the party having operational control in the wet lease arrangement listed in Table 2, must at all times be responsible for, and maintain the operational control and airworthiness of the aircraft identified in each wet lease arrangement listed.

3.      The lessor certificate holder is not authorized to have, and may not have, operational control of any operation conducted by the lessee certificate holder under this subparagraph of the OpSpec.

4.      Both lessor and lessee certificate holders will have their role and information of the wet lease arrangement documented in OpSpec A028 of their respective OpSpecs.

B.     Wet Leasing Prohibitions. Section 119.53(b) prohibits part 119 certificate holders’ wet leasing from a foreign air carrier or any other foreign person or any person not authorized to engage in common carriage. This prohibition is to prevent confusion as to which carrier would be held accountable for the safety of the flight, which country’s air carrier safety rules would be followed, and which civil aviation authority would have primary oversight responsibilities.

1)      It is common practice among commercial operators to enter into agreements which the two parties characterize as wet leases but which actually are charters when compared to the FAA definition of wet lease. The term “charter” is not defined in FAA regulations. However, in operational terms, a charter is an agreement whereby a person provides lift capacity (cargo or passengers) to another person for a defined period of time or number of flights. In other words, a charter is a services agreement for the provision of a flight service—not transfer of possession or custody of an aircraft and the FAA expects the charter operator providing an aircraft with crew to have operational control over all flights conducted pursuant to the agreement.
2)      A U.S. air carrier that enters into an agreement with a foreign air carrier for both an aircraft and crew to perform part of the U.S. air carrier’s international operations may not be entering into a wet lease as defined by the FAA if certain conditions (described below) are met. Note that, for commercial reasons both U.S. and foreign air carriers may characterize such arrangements as wet leases even though they are more in the nature of a charter. These agreements, even if characterized by the parties as wet leases, are a type of charter and are subject to the requirements of 14 CFR part 212.
3)      In some commercial arrangements, the term provision of aircraft with crew (or similar phrasing) rather than charter may be used. The provision of aircraft with crew arrangement does not involve any legal or actual transfer of the possessory rights to the aircraft; it is a services agreement or arrangement for a lessor to provide a flight service and does not transfer possession of the aircraft to the lessee.
4)      Charter or provision of aircraft with crew arrangements are commercial arrangements between carriers that require a statement of authorization from the Office of the Secretary of Transportation (OST); they are not documented by OpSpec. The OST authorization process includes a determination that the requirements of part 212 are met and the proposed operation is in the public interest. Such determinations are made in coordination with the FAA, which will review the arrangements and make determinations relating to operational control, possession of the aircraft, the safety oversight of the operation, and the safety audit of the foreign air carrier. Where a foreign air carrier will be involved in such a lease or provision of aircraft with crew arrangement to a U.S. air carrier, approval will be subject to the following requirements:
a)      The foreign air carrier involved holds a foreign air carrier permit or exemption authority from OST to conduct charter operations;
b)      The country that issued the foreign air carrier’s air operator certificate has been rated as Category 1 under the FAA’s International Aviation Safety Assessment program.
c)      The operations to be conducted represent foreign air transportation and not prohibited cabotage, in accordance with Title 49 of the United States Code, § 41703;
d)      The foreign air carrier would be conducting a flight or series of flights. The U.S. air carrier has the economic authority for the flight or series of flights that will be conducted with the foreign air carrier’s aircraft and crew;
e)      The foreign air carrier files an application for a statement of authorization for any such operation proposed;
f)        The foreign air carrier demonstrates that it would be in operational control of the proposed operation, for example, by providing with its application, for review by the FAA, copies of the lease arrangement for the aircraft with crew, that it has entered into with the U.S. certificated air carrier;
g)      The foreign air carrier demonstrates that it will retain legal and actual possession of the aircraft;
h)      The foreign air carrier provides evidence, for example, that the U.S.‑certificated air carrier involved has conducted a safety audit of the foreign carrier, consistent with an FAA‑approved safety audit program, and has submitted a report of that audit to the FAA for review; and
i)        The FAA notifies the OST that it has determined that operational control of the proposed flights rest with the foreign air carrier applicant, that the oversight of the operation will remain with the country that issued the foreign air carrier’s air operator certificate, and that the safety audit meets the standards of the U.S.‑certificated air carrier’s safety audit program.

OPSPEC A029, AIRCRAFT INTERCHANGE ARRANGEMENTS. Volume 3, Chapter 13, Section 5, Interchange Agreements, provides direction and guidance for processing and authorizing interchange arrangements. When an interchange arrangement is authorized, A029 must be issued to both parties of the interchange agreement by each responsible principal operations inspector. All interchange arrangements authorized for an operator must be listed in A029. Enter the name of the operator who would normally operate the aircraft if an interchange agreement were not in effect in the column labeled Primary Operator. List the name of the other party to the interchange agreement in the column labeled Interchange Operator. List the aircraft make/model/series of the aircraft used and all specified interchange points for each agreement in the appropriate columns. If it is necessary to specify other conditions or limitations such as expiration dates, they should be specified by adding text to A029.

OPSPEC A030, PART 121 SUPPLEMENTAL OPERATIONS.

A.     General.

1)      A030 is optional for issuance to operators who conduct domestic operations or domestic and flag operations. If a part 121 domestic or a domestic/flag carrier wishes to be authorized to conduct supplemental operations using domestic/flag rules, it can be authorized to do so only between the city pairs listed in C070. This authorization is given by issuance of A030.
2)      If a part 121 air carrier conducts only supplemental operations, A030 will not be issued. The supplemental operations are authorized by listing supplemental only in A001. OpSpec A030 would not apply because OpSpec C070 would not be issued since the air carrier has no scheduled city pairs or approved stations. Thus, the carrier would be required to operate under supplemental regulations at all times.

B.     When to List Supplemental on A001. Since the publication of part 119, it is necessary to include supplemental when issuing A001 to a domestic or flag carrier. In other words, if a carrier is a flag carrier and also does domestic flights, it will be necessary to have both flag and domestic listed on A001. If that same carrier does flag, domestic, and supplemental, all three must be listed on A001. Due to the nature of the aviation industry, if a carrier does primarily domestic operations, the Department of Transportation has determined that it has economic authority for supplemental operations.

OPSPEC A031, ARRANGEMENTS WITH TRAINING CENTER(S) OR OTHER ORGANIZATION(S) FOR CERTIFICATE HOLDER TRAINING; MSPEC A031, ARRANGEMENTS WITH TRAINING CENTERS, AIR AGENCIES, AND/OR OTHER ORGANIZATIONS FOR PERSONNEL TRAINING. This paragraph is used to document the approval of the operator’s/certificate holder’s training program.

OPSPEC A032, ADOPTION OF FLIGHT CREWMEMBER FLIGHT TIME LIMITATION RULES TO ESTABLISH FLIGHT ATTENDANT DUTY AND FLIGHT TIME LIMITATIONS AND REST RESTRICTIONS; MSPEC A032, FLIGHT ATTENDANT FLIGHT, DUTY, AND REST RULES. The program manager may be authorized to adopt the flight crewmember’s flight, duty, and rest requirements for its flight attendants in accordance with written approved procedures as provided in part 91, § 91.1062(b) and described or referenced in MSpec A032.

OPSPEC A033, TITLE 14 CFR PART 135 FLIGHT AND REST TIME LIMITATIONS FOR CERTAIN PART 121 AND CERTAIN 135 OPERATIONS.

A.     General. A033 is issued to authorize the certificate holder to conduct:

1)      Certain part 121 operations with airplanes having a passenger seat configuration of 30 seats or fewer and a payload capacity of 7,500 pounds or less in accordance with part 121, §§ 121.470(a), 121.480, and/or 121.500, using flight and rest time limitations under part 135, §§ 135.261 through 135.273, and/or
2)      Certain 14 CFR part 135 operations using flight and rest time limitations under § 135.265, in lieu of any other §§ 135.261 through 135.273.

B.     Compliance With Applicable 14 CFR Sections. Part 119 establishes that all certificate holders conducting scheduled passenger‑carrying operations with turbine‑powered airplanes and/or airplanes having 10 or more passenger seats must operate under part 121, § 121.470(a), Flight Time Limitations, Domestic Operations; § 121.480, Flight Time Limitations, Flag Operations; and § 121.500, Flight Time Limitations, Supplemental Operations. These sections contain, in pertinent part, the provisions that a certificate holder conducting operations with airplanes having a passenger seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less may comply with the applicable requirements of §§ 135.261 through 135.273. Section 135.261(a)(2) allows certain part 135 certificate holders to comply with the requirements of § 135.265, when OpSpec A033 is issued.

MSPEC A033, FLIGHT AND REST TIME REQUIREMENTS. As allowed by part 91, § 91.1057(j), the program manager may be authorized to conduct program operations using the applicable unscheduled flight time limitations, duty period limitations, and rest requirements of part 121 or 135, instead of the flight time limitations, duty period limitations, and rest requirements of part 91 subpart K, as described in MSpec A033.

OPSPEC/MSPEC A034, ADVANCED QUALIFICATION PROGRAM (AQP).

A.     When to Issue OpSpec A034. Following initial/Phase IV approval, all Advanced Qualification Program (AQP) air carriers must be issued OpSpec paragraph A034. For all AQP documents and phases for which the Extended Review Team (ERT) is designated as the approval authority, the FAA manager AQP and the principal operations inspector (POI) or training center program manager (TCPM) will cosign the approval letters. Following approval for continuing operation (Phase V), the POI will manage and sign approved curriculum outline changes.

B.     About AQP. AQP is a voluntary program; Flight Standards Service encourages air carriers to participate. AQP provides for enhanced curriculum development and a data driven approach to quality assurance along with the flexibility to target critical tasks during aircrew training. The AQP methodology directly supports the FAA’s safety enhancement goals. The Voluntary Safety Programs Branch, AFS‑230, will provide assistance to the Flight Standards District Office (FSDO), certificate management office (CMO), or Certificate Management Unit (CMU) from initial application through the final fleet approval as a collaborative effort. An accepted air carrier AQP application will initiate the AFS‑230/FSDO/CMO/CMU partnership. AFS‑230 will assist in the development, implementation, and review as well as follow on reviews for the air carrier’s AQP. AFS‑230 and the FSDO/CMO/CMU will manage program approvals and revisions through an ERT process.

C.     Additional Information. More detailed information on AQP can be found in Volume 3, Chapter 21, The Advanced Qualification Program, Sections 1 through 5.

OPSPEC A035, U.S. REGISTERED AIRCRAFT—FOR PART 129 ONLY.

OPSPEC A036. Reserved.

OPSPEC A037, BASIC 14 CFR PART 135 OPERATOR—COMMUTER AND ON DEMAND OPERATIONS. A016 was comprised of four different authorizations. Because of the new OPSS, the four authorizations were split into OpSpecs A037, A038, A039, and A040. The four types of operations authorized are: Single‑Pilot Operators, Single Pilot-in-Command Operators, Basic Part 135 Operators (On‑Demand Operations Only), and Basic Part 135 Operators (Commuter and On-Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, The Certification Process—Title 14 CFR Part 135, sections 1 through 6. Deviations are required to authorize a single pilot in command or a basic part 135 operator. The appropriate regulatory sections that an operator is authorized deviations from will also be listed in OpSpec A005.

OPSPEC A038, BASIC TITLE 14 CFR PART 135 OPERATOR—ON DEMAND OPERATIONS ONLY. A016 was comprised of four different authorizations. Because of the new OPSS, the four authorizations were split into OpSpecs A037, A038, A039, and A040. The four types of operations authorized are: Single‑Pilot Operators, Single Pilot-in-Command Operators, Basic Part 135 Operators (On-Demand Operations Only), and Basic Part 135 Operators (Commuter and On-Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, The Certification Process—Title 14 CFR Part 135, sections 1 and 2. Deviations are required to authorize a Single Pilot in Command or a Basic Part 135 Operator. The appropriate regulatory sections that an operator is authorized deviations from will also be listed in OpSpec A005.

OPSPEC A039, SINGLE PILOT IN COMMAND OPERATOR (PART 135). A016 was comprised of four different authorizations. Because of the new OPSS, the four authorizations were split into paragraphs A037, A038, A039, and A040. The four types of operations authorized are: Single‑Pilot Operators, Single Pilot-in-Command Operators, Basic Part 135 Operators (On‑Demand Operations Only), and Basic Part 135 Operators (Commuter and On-Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, Section 2, Phase 2—Formal Application. Deviations are required to authorize a single pilot in command or a basic part 135 operator. Therefore, the appropriate regulatory sections that the operator is authorized deviations from must also be listed in OpSpec A005.

OPSPEC A040, (PART 135 AND 135/121 DATABASES ONLY) SINGLE PILOT OPERATOR (PART 135). A016 was comprised of four different paragraphs. Because of the new Operations Safety System, the four authorizations were split into paragraphs A037, A038, A039, and A040. The four types of operations authorized are: Single Pilot Operators, Single Pilot-in-Command Operators, Basic Part 135 Operators (On-Demand Operations Only), and Basic Part 135 Operators (Commuter and On-Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, Section 1. It is not required to issue an A005 for the single pilot operator for deviations from the requirements for an operations manual, management personnel and positions, and an approved pilot training program. However, OpSpec A005 must list other appropriate regulatory sections from which the operator is authorized deviations.

OPSPEC A041, PRETAKEOFF CONTAMINATION CHECK OR APPROVED ALTERNATE GROUND DEICING/ANTI-ICING PROCEDURE FOR TITLE 14 CFR PART 125/135 AIRPLANE OPERATIONS.

A.     Part 125, § 125.221 and Part 135, § 135.227. These sections require part 125 and 135 certificate holders who operate in ground icing conditions to have approved aircraft pretakeoff contamination check procedures or an approved alternate ground deicing/anti-icing procedure to determine the airplane is free of frost, ice, or snow. Principal inspectors (PI) will issue OpSpec A041 to authorize a pretakeoff contamination check (not necessarily outside the aircraft) or the approved alternate procedure. A part 125 or 135 certificate holder may choose to comply with part 121, § 121.629(c) by having an approved ground deicing/anti‑icing program, in which case the PI will issue OpSpec A023. See Volume 4, Chapter 8, Low Visibility Taxi Operations, for guidance on approving a ground deicing/anti icing program.

B.     OpSpec Paragraph A041. This paragraph will be used to authorize the use of the alternative procedure using the services of a provider with an approved § 121.629 program and thereby authorizing the use of the holdover times (HOT) as limiting values instead of as advisory information only. The conditions specified in this OpSpec must be complied with in order for the operator to use this alternate procedure. Before issuing the OpSpec the operator’s General Operations Manual (GOM) and training program must be updated to include the elements contained in this guidance. The flightcrew, and, if appropriate, other ground personnel (example: persons charged with prearranging ground deicing services) must be trained as per the approved training program as updated to address the elements contained in this guidance. For an operator choosing to implement this alternate procedure, OpSpec A041 allows the operator to chose for each takeoff between conducting a pretakeoff contamination check in accordance with the Aircraft Flight Manual (AFM) or certificate holder’s approved program within five minutes of takeoff, or, if authorized, and all the conditions of their approved alternate procedure and the OpSpec can be met, to use the holdover time/allowance times as limiting values. OpSpec A023 should not be issued for the purpose of authorizing this alternate procedure. This is an alternate procedure to conducting a pretakeoff contamination check and not in full compliance with the requirements of an approved § 121.629 program.

C.     Approved Alternate Ground Deicing/Anti-icing Procedure. By providing this guidance for the development of an alternate ground deicing plan the FAA anticipates an improvement in the level of safety in winter operations by encouraging part 125 and 135 operators to develop aircraft ground de/anti-icing plans similar to an approved § 121.629 program. By incorporating the procedures outlined in this guidance and by incorporating and conducting the training specified, the operator will have available for use quality assured de/anti‑icing fluids, applied with equipment meeting the proper specifications, and applied by qualified ground personnel under the quality assurances built into a § 121.629 approved ground deicing program. An operator under part 125 or 135 may choose to implement the alternate procedures for ground de/anti-icing as outlined in this guidance or continue to operate in ground icing conditions by conducting a pretakeoff contamination check within five minutes of takeoff using procedures in their approved ground deicing plan, and AFM limitations. Under these alternate procedure guidelines the operator is restricted to using the ground deicing services of an air carrier or an air carrier contract service provider conducting ground deicing service under an approved § 121.629 ground deicing program. Since the quality control requirements for the fluids and application equipment along with the activation of the program/plan as it relates to the ground service readiness is under the control of the holder of the § 121.629 approved program, the operator under these alternate procedures need not have policies and procedures for these elements in their alternate plan. Likewise, all ground deicing personnel are required to have been trained and qualified by the holder of the § 121.629 approved program being used, therefore the holder of these alternate ground deicing procedures must conduct only aircraft-specific training. In lieu of prior training of the ground deicing personnel on the specific aircraft, the flightcrew may, in person, supervise the de- /anti-icing process. This supervision must be supplemented by pictorial description (provided to the application personnel) of the aircrafts critical and sensitive surfaces indicating those areas that must be checked as part of the post deicing and anti-icing inspections. In order to use this flightcrew supervision provision the flightcrew must be trained on all fluid application procedure requirements except for actual hands on practice. In essence, the operator’s ground de/anti-icing alternate procedures plan must contain all other elements of an approved § 121.629 program as detailed in the current edition of AC 120‑60, Ground Deicing and Anti-icing Program, except as indicated above. The required elements of the operator’s alternate procedure plan and required training is provided below. This guidance is extracted from AC 120-60 with limited additional guidance from other FAA ground deicing guidance material. In addition, inspectors and certificate holders should consult the AFS‑200 Web site for current guidance.

1)      Required Ground De/Anti-Icing Elements. This paragraph describes ground de/anti icing elements required to be contained in a part 125 and 135 alternate procedures in-lieu of a pretakeoff contamination check in order to be authorized the use of the current FAA‑published fluid HOT as limiting time values rather than advisory times when utilizing the ground de/anti-icing service provider with an approved part 121, § 121.629 program.
a)      Management Plan. In order to properly exercise operational control (when conditions are such that frost, ice, snow, or slush may reasonably be expected to adhere to an aircraft), the certificate holder should develop, coordinate with other affected parties, implement, and use a management plan for proper execution of its alternative de/anti-icing plan. A plan encompassing the following elements is acceptable:

1.      Responsibility. Where operations are expected to be conducted in conditions conducive to ground icing, determine who is responsible for deciding when ground deicing/anti-icing procedures are in effect and the ambient conditions for implementing ground deicing procedures.

2.      Manuals Requirements. The certificate holder should incorporate a detailed description of the deicing/anti-icing plan in its manuals for flight crewmembers, flight followers, ground operations personnel, and management personnel to use when conducting operations under ground icing conditions. This description should include the functions, duties, responsibilities, instructions, and procedures to be used.

3.      Coordination. The certificate holder should develop a winter operations plan to include procedures for coordination with the deicing service provider, air traffic control (ATC), and airport authorities as appropriate.

b)      De/Anti-icing Fluid Application Procedures. In an appropriate manual, certificate holders must specify the deicing and anti-icing fluid procedures for each type of aircraft operated. Thickened anti-icing fluids (Type II, III, and IV), may only be used on aircraft that the aircraft manufacturer has provided documentation that these fluids are safe to be used on that make and model aircraft. Type I deicing fluid may be used on any aircraft with a takeoff rotation speed of 65 knots or greater with an outside air temperature of -19 C or warmer. In order to use the HOT as limiting time values the de/anti-icing service must be provided by an operator with an approved de/anti-icing program approved under § 121.629 or a contract provider to that operator under the operators approved § 121.629 approved program. Ground personnel trained and qualified to apply deicing and anti-icing fluid, in accordance with a certificate holder’s approved § 121.629 program, do not require additional training and qualification to deice and anti-ice similar aircraft operated by another certificate holder. If the deicing service provider has been trained by another part 125 or 135 air carrier using an alternate deicing procedures in accordance with this guidance for the same type of aircraft additional training under the provisions of this guidance is not required. However, specific training and/or direct flightcrew supervision, supplemented with pictorial descriptions of the de/anti-icing procedures to be used identifying the critical aircraft surfaces, sensitive areas, and areas to be checked in the post deicing and post anti-icing inspections is needed for deicing personnel to deice different types of aircraft or aircraft with different configurations.
c)      HOT Tables and Procedures for Their Use. The operator’s alternate ground de/anti-icing procedures must include HOT tables and the procedures for the use of these tables by the certificate holder’s personnel. The following elements must be included in the operator’s alternate plan:

1.      Responsibilities and Procedures. The certificate holder’s program must define operational responsibilities and contain procedures for the flightcrew, ground personnel, and maintenance personnel that apply to the use of HOTs and resultant actions if the determined HOT is exceeded.

i.         Procedures to address deicing operations at specific deicing locations (e.g., gate, remote, or centralized facilities, engines running/not running, auxiliary power unit (APU), etc.), including how to determine radio frequencies to be utilized for communications between the flightcrew and the ground personnel.

ii.       Procedures for ground crew and flightcrew to communicate:

·        During aircraft positioning, (if required),

·        Other pertinent information regarding the deicing/anti-icing process,

·        Start of the HOT (start time of final fluid application),

·        The aircraft departure process from the deicing area, and

·        Equipment clear/job done (post de/anti-icing inspections completed)—safe to start taxiing.

iii.      In addition, procedures must be developed for the flightcrew’s use of the pertinent HOT tables, coordination with flight followers and ATC as appropriate.

2.      FAA HOT Tables. An operator’s alternate procedure must implement HOT tables for use by its personnel. The FAA develops HOT tables for Type I deice/anti-ice fluid and manufacturer specific and generic Type II, III, and IV anti-ice fluid in accordance with SAE ARP 4737, Aircraft Deicing/Anti-Icing Methods, and ISO 11076, Aerospace Aircraft Deicing/Anti-Icing Methods with Fluids. HOTs that exceed those specified in the current edition of the FAA specific HOT of approved fluids are not acceptable. However, the certificate holder may require the use of more conservative times than those specified in the FAA tables.

3.      Use of HOT Tables. HOT ranges are an estimate of the time that deicing/anti-icing fluid will prevent the formation of frost or ice and the accumulation of snow on the unprotected surfaces of an aircraft. HOT begins when the start of the final application of deicing/anti-icing fluid commences and expires when the deicing/anti‑icing fluid applied to the aircraft loses its effectiveness (e.g., when ice begins to form on or in the fluid). HOTs vary with weather conditions. The effectiveness of deicing/anti-icing fluids is based on a number of variables (e.g., temperature, moisture content of the precipitation, wind, and the aircraft skin temperature). The HOT tables are to be used for departure planning and in conjunction with pretakeoff check procedures.

d)      Frozen Contaminants on the Aircraft. The operators must have procedures that insure the aircraft is free of all frozen contaminants adhering to the wings, control surfaces, propellers, engine inlets, or other critical surfaces before takeoff.

1.      Identification of Critical Aircraft Surfaces. The critical aircraft surfaces, which must be clear of contaminants before takeoff should be described in the aircraft manufacturer's maintenance manual or other manufacturer-developed documents, such as service or operations bulletins.

i.         Generally, the following should be considered to be critical aircraft surfaces, if the aircraft manufacturer’s information is not available:

·        Pitot heads, static ports, ram-air intakes for engine control and flight instruments, other kinds of instrument sensor pickup points, fuel vents, propellers, and engine inlets. These are both critical areas for flight safety and classified as sensitive surfaces because they may be adversely affected by direct de/anti-icing fluid application and therefore require special attention during cold weather preflight and fluid application.

·        Wings, empennage, and control surfaces.

·        Fuselage upper surfaces on aircraft with center mounted engine(s).

ii.       Certificate holders must list in the general operations manual, for each type of aircraft used in their operations, the critical and sensitive surfaces that should be checked on flight-crewmember preflight inspections, pretakeoff checks, and pretakeoff contamination checks.

iii.      Critical surfaces must be defined for the use of ground personnel for conducting the check following the deicing/anti-icing process and for any pretakeoff contamination checks that may be accomplished by ground personnel.

2.      Identification of Representative Aircraft Surfaces (if used in place of critical surfaces). Representative aircraft surfaces are for use in conducting pretakeoff checks only; this is not to be confused with pretakeoff contamination check requirements. For each type of aircraft operated, certificate holders should list, in the general operations manual, the representative surfaces that may be checked while conducting pretakeoff checks. Some aircraft manufacturers have identified certain aircraft surfaces that the flightcrew can readily observe to determine whether or not frozen contaminants are accumulating or forming on that surface and, by using it as a representative surface, can make a reasoned judgment regarding whether or not frozen contaminants are adhering to other aircraft surfaces. When identifying a representative aircraft surface, the following guidelines should be considered:

i.         The surface can be seen clearly to determine whether or not frozen contaminants are forming or accumulating on the surface and if the estimated HOT is valid considering the precipitation conditions actually present.

ii.       The surface must be unheated.

iii.      If using a treated surface during the deicing/anti-icing procedure, the representative surface should be one of the first surfaces treated with deicing/anti-icing fluid. However, the designation of representative surfaces is not limited to treated surfaces.

3.      Recognition Techniques. Certificate holders must have aircraft specific guidance for the recognition of contamination on aircraft surfaces. The flightcrew and other personnel should use these type-specific techniques while conducting preflight aircraft icing checks, pretakeoff checks, and pretakeoff contamination checks. Frozen contaminants can take the form of ice, frost, snow, or slush. Initial, Transition, Recurrent, Upgrade, or Advanced Qualification Program and Continuing Qualification training curricula should include aircraft type-specific techniques for use by the flightcrew and other personnel for recognizing contamination on aircraft surfaces. The flightcrew and other personnel should use these type‑specific techniques while conducting preflight aircraft icing checks, pretakeoff checks, and pretakeoff contamination checks. Frozen contaminants can take the form of ice, frost, snow, or slush. The formation of clear ice may be difficult to detect visually. Therefore, specific techniques for identification of clear ice should be included.

e)      Types of Icing Checks. The operator’s alternate ground deicing/anti-icing plan must include procedures for pretakeoff and pretakeoff contamination checks that, when applicable, are required to be accomplished. The aircraft deicing/anti-icing procedure must also include a post deicing/anti icing check of all aircraft critical surfaces.

1.      Pretakeoff Check (within the HOT, not to be confused with a pretakeoff contamination check that is applied after the expiration of the HOT). This check is required anytime HOT are used. The flightcrew must accomplish the check within the HOT. The flightcrew should check the aircraft’s wings or representative aircraft surfaces for frozen contamination. The surfaces to be checked are determined by manufacturer’s data or guidance contained in AC 120‑60, current edition. The pretakeoff check is integral to the use of HOTs. Because of the limitations and cautions associated with the use of HOTs, the flightcrew must assess the current weather and other situational conditions that affect the aircraft’s condition and not rely on the use of HOTs as the sole determinant that the aircraft is free of contaminants. Several pretakeoff checks may be required during the HOT period based on factors that include the length of the HOT range, weather, or other conditions. The flightcrew must maintain a continued awareness of the condition of the aircraft and accomplish, as a minimum, a pretakeoff check just before taking the active runway for departure. When conducting the pretakeoff check, the flightcrew must factor in the application sequence (i.e., where on the aircraft the de/anti-icing process began).

2.      Pretakeoff Contamination Check (when HOT has been exceeded). Completing a pretakeoff contamination check is one of the conditions that allows a takeoff after a HOT has been exceeded. When a HOT has been exceeded, certificate holders must have appropriate pretakeoff contamination check procedures for the flightcrew’s and/or other qualified ground personnel’s use to ensure that the aircraft’s critical surfaces remain free of frozen contaminants. Flightcrews and/or other qualified ground personnel must complete the pretakeoff contamination check within 5 minutes before beginning takeoff. This check must be accomplished from outside the aircraft unless the certificate holder’s program specifies otherwise. If any doubt exists concerning the aircraft’s condition after completing this check, the aircraft cannot takeoff unless it is deiced again and a new HOT is determined. The following should be considered while developing procedures for this check:

i.         For all hard wing aircraft (those without leading edge devices) this check must be an outside the aircraft tactile check (feel). For all high wing aircraft this check must also be an outside the aircraft check and maybe visual or tactile based on the aircraft manufacturers procedures or as approved by the FAA. Also aircraft with aft, fuselage-mounted, turbine-powered engines must conduct pretakeoff contamination checks from outside the airplane.

ii.       Operators of aircraft other than those addressed in paragraph a) above, should conduct this check from outside the aircraft unless they can show that the check can be adequately accomplished from inside the aircraft. The operators plan must detail procedures and requirements for this check. When developing a procedure—not described in the AFM—for conducting the pretakeoff contamination check from inside the aircraft, certificate holders should consider if crewmembers are able to see enough of the wings, control surfaces, and other surfaces to determine whether or not they are free of contaminants. When making this determination, consider the aircraft type, the method of conducting the check (from the cockpit or cabin), and other factors, such as aircraft lighting and ambient conditions.

3.      Post‑Deicing/Anti-Icing Check. The operator must have procedures outlining these check procedure for each aircraft. This multi-part check is an integral part of the deicing/anti-icing process. The check ensures that:

i.         All critical surfaces are free of adhering frozen contaminants after deicing.

ii.       If anti-icing fluid is to be applied it assures that all critical surfaces are free of frozen contaminants before the application of any anti-icing fluid.

iii.      All critical surfaces are free of frozen contaminants before pushback or taxi. And if anti-icing fluid has been applied that all critical surface have been treated with an even coating of the applicable fluid.

Note:   Certificate holders must have procedures that require that qualified ground personnel or flightcrew personnel conduct this check. If conducted by qualified ground personnel, certificate holders should establish communication procedures to relay pertinent deicing/anti‑icing information and the results of this check to the pilot in command (PIC).

f)        Communications. The operator must have standardized communication procedures for communications between the flightcrew and ground deicing personnel. Communication between ground personnel and the flightcrew before commencing deicing/anti‑icing operations is critical. Upon completion of deicing/anti‑icing operations, ground personnel should communicate with the flightcrew to determine the start time of the final fluid application procedure and therefore the start of the HOT. The particular HOT the flightcrew uses is extremely critical. Because many deicers service multiple carriers, the FAA recommends that all operators include the following flow sequence and information to provide standardization:

1.      Before commencing deicing/anti-icing operations, ground personnel and the flightcrew should review the following (as applicable):

i.         Deicing/anti-icing prior to crew arrival.

ii.       Gate or remote deicing/anti-icing procedures.

iii.      Aircraft-specific procedures.

iv.     Communications between ground personnel and the flightcrew.

2.      Just before commencing the application of deicing/anti-icing fluid, ground personnel should confirm with the flightcrew that the aircraft is properly configured for deicing, as the following example states: “N90FAA, is your aircraft ready for deicing/anti-icing?” Response from N90FAA, “Learjet N90FAA, parking brake is set, engines are running, APU is off, aircraft is configured for deicing, and anti-icing with Type IV fluid.” Response from deicing crew, “Roger N90FAA commencing deicing.”

3.      Upon completion of deicing/anti-icing, the flightcrew must be provided the following elements:

i.         Fluid type (e.g., Type I, Type II, Type III or Type IV), the fluid product name is optional for each type of fluid if the fluid meets product on-wing viscosity requirements.

ii.       Fluid/water mix ratio by volume of Types II, III, and IV. (Reporting the concentration of Type I fluid is not required.)

iii.      Specify, in local time (hours and minutes) the beginning of the final fluid application (e.g., 1330).

iv.     Post application check accomplished. Specify date (day, written month, year).

Note:   The element listed in subparagraph 3d is required for recordkeeping; it is optional for crew notification.

Note:   Transmission of elements listed in subparagraphs a through c, to the flightcrew, confirms that a post deicing/anti-icing check was completed and the aircraft is clean.

4.      Below are two examples of the ground/flightcrew communication sequence.

i.         One Step Process with Type I or other approved deicing fluid: “N90FAA are you ready for your deicing report?” “N90FAA is ready to copy deicing report.” “N90FAA your aircraft has been deiced with Type I fluid. Your fluid application began at 1430.”

ii.       Two Step Process with Types II, III, or IV: “N90FAA are you ready for your deicing report?” “N90FAA is ready to copy deicing report.” “N90FAA your aircraft has been deiced with Type I fluid and anti-iced with Type IV. An anti-ice fluid mixture of 75/25 was used. Your anti-ice fluid application began at 1645.”

2)      Training Requirements Required for the Authorization of the Alternate Procedures Allowing the Use of HOT as Limiting Values. Training for flight followers is only required if that person plays a role in the planning, execution, or recording of aircraft ground de/anti-icing. Training for ground deicing personnel is only required if each de/anti-icing fluid application is not to be supervised by flightcrew personnel.
a)      Initial/Recurrent Ground Training and Qualification. Only trained and qualified personnel may carry out deicing/anti-icing procedures. A flightcrew member trained on fluid application procedures for the applicable aircraft and operator may, in person, supervise the de/anti-icing of the aircraft in lieu of the fluid application personnel being trained on the specific aircraft, provided the application personnel have been appropriately trained and currently qualified under a § 121.629 approved program and the application personnel are provided pictorial diagrams indicating the critical and sensitive areas of the aircraft, and areas to be inspected as part of the post deicing and post anti-icing inspection, and instructed on the proper methods for treatment of the critical and sensitive areas.

1.      Each certificate holder’s approved program must consist of the following:

i.         Certificate holders must conduct initial and annual recurrent training for flightcrews, and, as applicable, flight followers, and ground personnel and must ensure that all such crews obtain and retain a thorough knowledge of aircraft ground deicing/anti-icing policies and procedures, including required procedures and lessons learned.

ii.       Flightcrew, and, as applicable, flight follower, and ground personnel training programs must include a detailed description of initial and annual recurrent ground training and qualification concerning the specific requirements of the alternate plan and the duties, responsibilities, and functions detailed in the plan.

iii.      Flightcrew, and, as applicable, flight follower, and ground personnel training programs must have a Quality Assurance Program to monitor and maintain a high level of competence. An ongoing review plan is advisable to evaluate the effectiveness of the deicing/anti-icing training received.

iv.     The program must have a tracking system that records all required personnel have been satisfactorily trained. Certificate holders must maintain records of personnel training and qualification for proof of qualification.

v.       Personnel must be able to adequately read, speak, and understand English in order to follow written and oral procedures applicable to the deicing/anti-icing program.

2.      Certificate holders must train and qualify flightcrew, and as applicable flight followers, and ground personnel on at least the following subjects, identified as All personnel (no identification) Flightcrew (F), Flight Followers (FF) (persons charged with pre‑arranging of ground deicing services), if applicable to the operators operation, or Ground Personnel (G) if applicable, all pilots that supervise the application of de/anti-icing fluids need to be trained on the subjects for Ground personnel (G) except for hands on training of fluid application techniques:

i.         Effects of Frozen Contaminants on Aircraft Surfaces. Provide an understanding of the critical effect the presence of minute amounts of frost, ice, or snow has on flight surfaces. This discussion should include, but is not limited to:

·        Loss of lift (F),

·        Increased drag and weight (F),

·        Decreased control (F),

·        Tendency for rapid pitch-up and roll-off during rotation (F),

·        Stall occurs at lower-than-normal angle of attack (F),

·        Buffet or stall occurs before activation of stall warning (F),

·        Aircraft specific areas: (F/G),

·        Engine foreign object damage potential,

·        Ram air intakes,

·        Instrument pickup points,

·        Leading edge device (LED) aircraft (aircraft that have slats or leading edge flaps) and non-LED aircraft,

·        Airworthiness Directives (AD)/specific inspections, and

·        Winglets.

ii.       Aircraft Ground Icing Conditions. Describe conditions that cause implementation of deicing/anti-icing procedures (F).

·        In-Flight Ice Accumulation. Certificate holders should have procedures for flightcrews on arriving flights to report occurrences of in-flight icing to the personnel responsible for executing the certificate holder’s deicing/anti-icing program. In-flight ice accumulation could result in a ground-deicing situation when flights are scheduled for short turnaround times (e.g., for 30 minutes or less and when ambient temperatures on the ground are at or below freezing).

·        Frost, including hoarfrost (F).

·        Freezing precipitation (snow, freezing rain, freezing drizzle, or hail, which could adhere to aircraft surfaces) (F).

·        Freezing fog (F).

·        Rain or high humidity on cold soaked wing (F).

·        Rain or high humidity on cold soaked wing fuel tanks (F).

·        Under-wing frost (may not require deicing/anti-icing within certain limits) (F/G).

·        Fluid failure identification (F/G).

iii.      Location specific deicing/anti-icing procedures (F/G, as appropriate).

iv.     Communications procedures between the flightcrew, ground personnel, ATC, and company station personnel (F/FF/G).

Note:   Communication procedures must include ground crew confirmation to the flightcrew after the deicing and anti-icing process is completed that all personnel and equipment are clear before reconfiguring or moving the aircraft.

v.       Means for obtaining most current weather information (F/FF).

vi.     Characteristics and capabilities of fluids used (F/D/G).

·        General fluid descriptions (F/G),

·        Composition and appearance (F/G),

·        Differences between Type I and Type II/IV deicing/anti-icing

·        fluids(F/G),

·        Purpose for each type (F/G),

·        Deicing fluids (F/G),

·        Anti-icing fluids (F/G),

·        De/anti-icing fluids capabilities (F/G),

·        Approved deicing/anti-icing fluids for use (SAE, ISO, etc.) (F/G),

·        Fluid-specific information provided by fluid or aircraft manufacturer (F/G),

·        Fluid temperature requirements (hot vs. cold) (F/G),

·        Properties associated with infrared deicing/anti-icing (F/G),

·        Health, safety, and first aid (F/G),

·        Environmental considerations (G),

·        Fluid selection (F/G), and

·        Unusual flying qualities, such as the need for additional takeoff rotation stick-force (F).

vii.    Methods/Procedures (F/G).

·        Inspection of critical surfaces,

·        Clear ice precautions,

·        Flightcrew/groundcrew preflight check requirement,

·        Deicing/anti-ice determination,

·        Deicing/anti-ice location,

·        Communication before deicing/anti-icing,

·        General deicing/anti-ice precautions,

·        Aircraft specific requirements,

·        Deicing:

·        Requirements,

·        Effective removal of frost, snow, and ice.

·        Anti-icing:

·        Requirements

·        Preventative anti-icing,

·        Application,

·        Deicing/anti-icing:

·        One step,

·        Two step,

·        Guidelines for the application of deicing/anti-icing fluids,

·        Post deicing/anti-icing checks requirement,

·        Flight control check, and

·        Communications after deicing/anti-icing.

viii.  Use of HOTs (F/G).

·        Definition of HOT;

·        When HOT begins and ends;

·        Limitations and cautions associated with the use of HOTs;

·        Source of HOT data;

·        Relationship of HOT to particular fluid concentrations and for different types of fluids;

·        Precipitation category (e.g., fog, drizzle, rain, or snow);

·        Precipitation intensity;

·        How to determine a specific HOT from the HOT range that accounts for moderate or light weather conditions; and

·        Adjusting HOT for changing weather conditions.

ix.     Pretakeoff Check Requirement (F/G). Identification of representative surfaces.

x.       Pretakeoff Contamination Check Requirement (F/G). Communications.

xi.     Aircraft Surface Contamination Recognition (F/G).

3)      Confirmation of Service Provider Qualification. The operator must have procedures for the flightcrew to determine that ground de/anti-icing service providers are providing their service under a current approved § 121.629 aircraft ground deicing program. These procedures must include a regular check, by the operator, to ensure the currency of the service providers continued approval status under § 121.629. The flightcrew instructions must be clear that if the service provider’s approval under § 121.629 cannot be assured that the HOT tables revert to being advisory information only and a pretakeoff contamination check per the applicable procedures must be performed.
4)      Recording Requirements. The operator’s plan must include procedures for the recording of the location that de/anti-icing was performed, the name of the provider, the type of fluid and mixture used, the final fluid application start time, and the takeoff time. This record may be included as part of an existing record requirement (example: aircraft discrepancy log). This record must be retained and made available to the FAA upon request for a period of at least 12 calendar-months.

OPSPEC A042, TITLE 14 CFR PART 125/135 AIRPLANE OPERATIONS WITHOUT A DEICING/ANTI ICING PROCEDURE WHEN GROUND ICING CONDITIONS DO NOT EXIST. If a part 125 or 135 operator chooses to operate without a pre takeoff contamination check as required by part 125, § 125.221 and part 135, § 135.227, or without a part 121, § 121.629(c) program, then principal inspectors may only authorize them to operate when ground icing conditions do not exist by issuing OpSpec A042. See Volume 3, Chapter 27, Ground Deicing/Anti-Icing Programs, for guidance on approving a ground deicing/anti icing program.

MSPEC A043—AFFILIATE PROGRAM MANAGERS. MSpec A043 allows fractional owners to use program aircraft operated by the program manager’s affiliate’s program. The program manager certifies to the Administrator that the affiliate program manager listed in MSpec A043 meets the requirements of part 91 subpart K.

OPSPEC A044, (PART 133 DATABASE ONLY) CLASS D OPERATIONS INVOLVING CARRIAGE OF PERSONS. (TBD)

OPSPEC A045, SUBSTITUTE SCHEDULED SERVICE AS A SUPPLEMENTAL OPERATOR. (TBD) (See the non standard, A345 job aid for information.)

OPSPEC A046, SINGLE‑ENGINE IFR PASSENGER CARRYING OPERATIONS UNDER 14 CFR PART 135. A046 is issued to authorize single‑engine instrument flight rules (SEIFR) passenger‑carrying operations under part 135. Additional Maintenance Requirements OpSpec paragraphs D100–104, must be issued as applicable. The operator must meet the conditions part 135, § 135.163 and other appropriate sections, to be issued the authority to operate under IFR with passengers or a combination of passengers and cargo. A046 provides the operational limitations and provisions necessary to operate under IFR while carrying passengers in a single‑engine aircraft. The principal operations inspector, principal maintenance inspector, and principal avionics inspector must coordinate the issuance of A046 and the applicable Part D paragraphs (by the authority of 119, § 119.51(b)). Once the operator has met the requirements to conduct SEIFR operations, all the applicable OpSpec paragraphs must be issued for SEIFR authorization.

OPSPEC/MSPEC A047, REPLACED BY OPSPEC A447.

OPSPEC A048, FLIGHT DECK ACCESS AUTHORIZATION PROCEDURES.

A.     General. Operations specification (OpSpec) A048 is provided for a 14 CFR part 119 certificate holder that elects to have an approved program to allow persons eligible under part 121, § 121.547(a)(3) access to the flight deck using the Cockpit Access Security System (CASS) program and/or the Flight Standards Service (AFS) Flight Deck Access Restriction (FDAR) program in accordance with the limitations and provisions of the OpSpec. It is important to note that the Transportation Security Administration (TSA) may restrict flight deck access through the issuance of Security Directives (SD). The TSA also evaluates and approves (or denies) use of any system that is used to vet persons requesting flight deck access, such as CASS.

B.     CASS Participation. CASS is a voluntary program. It is acceptable if an individual operator does not elect to participate. If they do decide to use the CASS, they must meet all of its criteria.

1)      An airman certificate is not specifically required for CASS, as not all persons eligible for flight deck access need one (e.g., flight followers).
2)      CASS is not an FAA program. However, it is available to air carriers for use in determining identification and eligibility of individuals seeking access to flight deck jump seats. CASS accommodates most positions that are eligible for flight deck access, such as flightcrew members and flight followers. An air carrier should contact ARINC’s CASS representative directly with questions about program accommodation for specific position(s) that are eligible for flight deck access.
3)      If the Director of Operations (DO) elects to delegate the task of auditing the database, the DO retains full responsibility for its accuracy, completeness, currency, etc.

C.     Background. In the past, the TSA, industry, and FAA agreed upon the use of a valid passport when using this system.

1)      Since that agreement, technology has advanced to the point that an individual’s photograph is now a required element of that person’s electronic record in the CASS system.
2)      A passport is no longer specifically required for CASS participation.
3)      TSA has issued a SD that requires an air carrier to include digitized pictures of persons participating in CASS before that air carrier is approved for participation by the TSA.
4)      Also, as the guidance states, TSA may impose further restrictions on flight deck access through issuance of SDs.

D.    Table 3-6D, Operations Specification A048 Manual Procedures Checklist. The checklist in Table 3-6D should be used to ensure the part 119 certificate holder’s manual procedures for the required verification and access procedures for accessing the flight deck jump seat meets requirements. The appropriate sections of this checklist should be completed by the operator and provided to that operator’s FAA principal operations inspector (POI) along with their request for amendment of their OpSpecs to include OpSpec A048.

1)      The certificate holder may elect to include procedures for one or both of the following verification programs in its manual procedures:
a)      CASS.
b)      FDAR.
2)      The checklist should be completed using the following methodology:
a)      Number (item and sub item number).
b)      Item description (provide a description of the item).
c)      Response (circle “Yes” or “No” to indicate whether or not the item is adequately addressed in the program).
d)      Manual page reference (enter the manual page number where the item is addressed).

Table 3-6D, Operations Specification A048 Manual Procedures Checklist

NO.

ITEM DESCRIPTION

RESPONSE

MANUAL PAGE REFERENCE

1.

Do the certificate holder’s procedures include a requirement to obtain the requester’s employer‑issued photo identification card?

Yes/No

 

2.

Does the certificate holder’s procedures include a requirement to verify at the time of check‑in the information obtained from the person requesting flight deck jump seat access using one of the following methods (the certificate holder may select one or more of the following methods):

 

 

2.a.

CASS?

Yes/No

 

2.b.

FDAR - Electronic Database?

Yes/No

 

2.c.

FDAR - Telephone?

Yes/No

 

2.c‑i.

If yes, do the certificate holder’s procedures contain a list of part 119 certificate holders with which flight deck jump seat agreements are in place and the respective contact numbers and/or e‑mail addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

2.d.

FDAR - E‑mail?

Yes/No

 

2.d‑i.

If yes, do the certificate holder’s procedures contain a list of part 119 certificate holders with which flight deck jump seat agreements are in place and the respective contact numbers and/or e‑mail addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

2.e.

FDAR - Facsimile?

Yes/No

 

Table 3-6D, Operations Specification A048 Manual Procedures Checklist (continued)

2.e-i.

If yes, do the certificate holder’s procedures contain a list of part 119 certificate holders with which flight deck jump seat agreements are in place and the respective contact numbers and/or e‑mail addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

3.

Does the certificate holder’s procedures assign responsibility to the Director of Operations for:

 

 

3.a.

Completion of an initial audit to confirm accuracy of employee records used under this operations specification authorization?

Yes/No

 

3.b.

Completion of recurring audits to confirm accuracy of employee records used under this operations specification authorization at least once every 12 months?

Yes/No

 

3.c.

Updating any and all employee status changes of the employee records used in accordance with this authorization within 24 hours of the time that the change(s) occurred?

Yes/No

 

4.a.

Has the certificate holder satisfactorily demonstrated their software and procedures to the principal operations inspector?

Yes/No

N/A

4.b.

Did the demonstration reveal any instances where flight deck jump seat access was granted when it should have been denied?

Yes/No

N/A

5.

Did the initial audit (see item 3.a. above) reveal any records representing former employees as current employees?

Yes/No

N/A

6.

Is the certificate holder in receipt of an applicable TSA authorization to use a vetting system for persons requesting flight deck access (e.g., CASS)?

Yes/No

 

OPSPEC/MSPEC A049, REPLACED BY OPSPEC/MSPEC A449.

LOA A049, LETTER OF AUTHORIZATION FOR COMMERCIAL AIR TOUR OPERATIONS AND ANTIDRUG AND ALCOHOL MISUSE PREVENTION PROGRAM REGISTRATION.

A.     Applicability. LOA A049 applies to part 91 operators and part 119 certificate holders operating under part 121 or part 135 who conduct commercial air tour operations for compensation or hire under § 91.147.

1)      If a part 91 operator is not already identified in OPSS, general instructions for putting an operator into the OPSS, in order to issue the automated part 91 LOA A049 is associated with all OpSpec/MSpec A001 templates in the part 91 database of the OPSS. If you need further assistance, please contact Aviation Safety (AVS) Support Central at 405-954-7272.
a)      Because of programmatic limitations, we are unable to provide any other title than POI, PMI, or PAI for the signature block in the OPSS for part 91 LOAs. Thus, the office manager or applicable supervisor who chooses to sign the part 91 authorizations will be identified as a POI, PMI, or PAI instead of manager or supervisor.
b)      When issuing a part 91 authorization from the OPSS, at a minimum the A001, Issuance and Applicability; and A004, Summary of Special Authorizations and Limitations templates must be included in the operator’s package.
2)      Operators who are uncomfortable with the limitations in § 91.146 and wish to continue flights supporting charities, nonprofit organizations, and community events may also use § 91.147 and must be issued A049. Part 91 operators using § 91.147 also have the option of becoming certificated operators in order to conduct commercial air tour operations under part 135 or part 121.

B.     Air Carriers Operating Under Section 91.147. Part 121 or 135 certificate holders that conduct commercial air tour operations under § 91.147 must be issued a separate LOA from the part 91 database and issued a separate four character identifier. Certificate holders must implement a second drug and alcohol testing program to conduct operations under § 91.147. Even though the same company may be conducting operations under part 135 or 121 and air tour operations under § 91.147, the FAA’s regulations consider the two operations to be separate entities for drug and alcohol purposes.

C.     Commercial Air Tours (defined in 14 CFR part 136, § 136.1). These operations are passenger-carrying flights conducted in accordance with § 91.147. As of September 11, 2007, all operators or certificate holders must have applied for and have been operating in accordance with LOA A049, issued by the FSDO nearest to its principal place of business. The seven items listed in § 91.147(c) represent the minimum amount of information required for the national database and the issuance of LOA A049 to the part 91 operators. Certificate holders comply with most of these requirements through the issuance of other applicable OpSpecs:

1)      Name of operator, agent, and any DBA under which that operator does business (template/OpSpec A001);
2)      Principal business address and mailing address (template/OpSpec A001);
3)      Principal place of business (if different from business address) (template/OpSpec A001);
4)      Name of person responsible for management of the business (LOA A049);
5)      Name of person responsible for aircraft maintenance (LOA A049);
6)      Type of aircraft, registration numbers(s), and make/model/series (LOA A049); and
7)      A copy of the Antidrug and Alcohol Misuse Prevention Program registration (LOA A049). This information will be used to populate Table 3 (Location of Records for Inspection) in LOA A049. The population of this table “activates/registers” the drug abatement program for future inspection by AAM‑800.

Note:   The operator must implement its drug and alcohol testing programs in accordance with part 121 appendices I and J.

D.    Special Agreements. Some operators may have agreements with other parts of the FAA, such as air traffic, directly or through outside industry associations to conduct flights in a certain way or airspace. These special agreements need to be documented in the LOA A049. The documentation of these agreements in LOA A049 does not imply nor require that the agreements are approved by the Flight Standards PI.

Note:   Section 136.3 now allows amendment and reconsideration of LOAs through § 119.51.

E.     Hawaiian Air Tour Operators. The Hawaii air tour operators conducting these commercial air tour operations under § 91.147 must be issued LOA A049. The Hawaiian air tour operators may be issued a deviation (previously under SFAR 71) using LOA/OpSpec B048. The deviation authorizes the operator/certificate holder to conduct § 91.147 commercial air tour operations below an altitude of 1,500 feet above the surface in accordance with the appropriate requirements of part 136 and part 136 appendix A, and the limitations and provisions of B048.

F.      Air Tour Operations Under § 91.147 and § 136.37. The requirements of § 91.147 and those of § 136.37 are two separate requirements. Some commercial air tour operators conduct overflights of national parks and fall under the exception in § 136.37. OpSpec/LOA B057 is required for national parks and is issued in addition to LOA A049. OpSpec/LOA B057 authorizes a certificate holder or operator to conduct commercial air tour operations over national park(s) and tribal lands within or abutting the national park in accordance with part 136. See OpSpec/LOA B057 for guidance regarding air tour operations under § 136.37.

G.    The National Air Tour Safety Standards Final Rule (72 FR 6911). Final Rule 72 FR 6911 published on February 13, 2007, and effective March 15, 2007, set safety and oversight rules for a broad variety of sightseeing and commercial air tour flights with changes in parts 61, 91, 119, 121, 135, and 136. Intended effects of this rule are to identify the air tour operators in a national database, standardize requirements for commercial air tour operators, and consolidate air tour safety standards within part 136. The rule change responded to NTSB recommendations, Government Accountability Office (GAO) reports, and DOT General Reports that recommend better oversight of the sightseeing (commercial air tour) industry. The preamble and final rule are posted on the DOT Web site at URL: http://dms.dot.gov/search/document.cfm?documentid=452251&docketid=4521.

Note:   Exemptions to this rule are outlined in § 91.146.

OPSPEC A050, HELICOPTER NIGHT VISION GOGGLE OPERATIONS (HNVGO). (TBD).

OPSPEC A051. Reserved.

OPSPEC/MSPEC/LOA A052, AUTOMATIC DEPENDENT SURVEILLANCE BROADCAST (ADS‑B). ADS‑B systems will provide many applications for air traffic and air operators.

A.     Separation of Aircraft. One of the near term applications using ADS‑B is separation of aircraft by air traffic services in a non‑radar environment. Since this application will not require pilots to share separation responsibility (maintain separation on other air traffic using a Cockpit Display of Traffic (CDTI)), the issuance of A052 is not required. However, other OpSpec authorizations, as described below, may need to be issued or amended.

B.     When to Issue A052. Issue A052 to authorize operations if an air carrier or commercial operator intends for the pilots to use ADS‑B for any one or more of the following CDTI applications:

·        Visual acquisition of proximate aircraft,

·        In‑trail climbing/descending/passing maneuvers,

·        Stationkeeping,

·        Enhanced see and avoid,

·        Reduced separation standards,

·        Long‑range conflict management, or

·        Conflict detection and avoidance.

C.     Determining Appropriate Authorization for ADS‑B Use. It is important for the principal operations inspector (POI) to coordinate with the principal maintenance inspector (PMI) and principal avionics inspector (PAI) on the following activities in order to determine the appropriate authorizations necessary for each application using ADS‑B. PIs will complete the following tasks before authorizing the air carrier or commercial operator to conduct any operations using cockpit avionics displays that generate information or data from an ADS‑B signal.

1)      The POI will determine which operational applications of ADS‑B will be used by the pilots of the air carrier or commercial operator. This includes determining that the operator understands and complies with all limitations and conditions associated with applicable Supplemental Type Certificate (STC) requirements, Parts Manufacturer Approvals, and appropriate Aircraft Flight Manual (AFM) supplements.
2)      The POI will verify with the PMI and PAI that the ADS‑B system is installed in compliance with the applicable STC or other appropriate aircraft certification requirements and that the operator’s maintenance program includes continuing airworthiness and maintenance personnel training requirements.
3)      All of the operator’s pilots must be trained, qualified, and tested in the use, conditions, and limitations of the installed ADS‑B system and components. There are no deviations allowed from this training requirement. If the operator out sources or contracts the ADS‑B training to another entity, OpSpec A031 must be issued.
4)      The POI will review the operator’s procedures for deferral of inoperative equipment and coordinate with the PMI and PAI during the evaluation and approval of the operator’s minimum equipment list (MEL). The POI will also provide the operator with guidance for revising the existing airplane MEL and procedures that will allow the operator to defer inoperative ADS‑B equipment. ADS‑B equipment may not be listed as “Administrative Control Items” in the MEL. OpSpec D095, Minimum Equipment List, may need to be issued or amended, as appropriate.
5)      If the operator requests approval to use ADS‑B for flight following or operational control, the POI must evaluate and validate this capability prior to approval. OpSpec A008, Operational Control, may need to be issued or amended as appropriate.
6)      The PIs must verify that the operator is able to conduct the proposed operations, and validate that appropriate training manuals, operations manuals, checklists, and operating procedures address ADS‑B operations. Validation test(s) must be conducted if operational approval via the issuance of A052 is required.
7)      If the air carrier or commercial operator requests operational approval for any of the applications listed in subparagraph B above, A052 must be issued with the appropriate authorizations indicated. Until test and evaluation results are analyzed, only operations in visual meteorological conditions (VMC) are authorized. A052 also requires the listing of the aircraft make and model, the aircraft registration number, and the make and model of the approved ADS‑B equipment.

OPSPEC A053. Reserved for Emergency Charter Operations. (TBD.)

OPSPEC A054, (PART 133 DATABASE ONLY) INSTRUMENT FLIGHT RULES OPERATIONS (FOR PART 133, EXTERNAL LOAD OPERATIONS ONLY). (Guidance is found in Volume 2, Chapter 7, Initial Certification/Renewal of a Part 133 Operator.)

OPSPEC A055—CARRIAGE OF HAZARDOUS MATERIALS.

A.     Authorization. Operations specification (OpSpec) A055 is an optional authorization applicable to certificate holders conducting operations under 14 CFR parts 121 or 135 that choose to comply with the applicable regulations to carry hazardous materials (hazmat).

B.     Regulatory Changes. With the publication of Federal Register (FR) 58796, Vol. 70, No. 194, Friday, October 7, 2005, a change to part 119, § 119.49(a)(13) was effective November 7, 2005, as follows:

1)      Section 119.49(a)(13) requires all certificate holders conducting operations under parts 121 or 135 to indicate in their operations specification that they “will-carry” or “will-not-carry” hazmat. OpSpec A055 is issued for those that “will-carry” hazmat. OpSpec A004 must contain the statement in subparagraph b that the certificate holder “will-not-carry” hazmat.
2)      This FR also required that after February 7, 2007, these certificate holders must comply with the manual requirements of parts 121 and 135, §§ 121.135(b)(23) or 135.23(p) and with the hazmat training program requirements of §§ 121.1003 through 121.1007 or §§ 135.503 through 135.507, as applicable.
3)      These changes align U.S. implementation with International Civil Aviation Organization (ICAO) standards for the carriage of hazmat, which recommend initial and biennial recurrent training programs. Additionally, ICAO recommends the certificate holder be specifically authorized by its state of authority to carry hazmat.

C.      Part 91 Subpart K (Part 91K) Program Managers and Part 125 Operators. There is no OpSpec A055 for part 125 operators or management specification (MSpec) A055 for part 91K. Section 91.1085 requires hazardous material (hazmat) recognition training. No program manager may use any person to perform any assigned duty/responsibility for handling or carriage of hazmat unless that person has received training in the recognitions of hazmat.

1)      Therefore, any program manager who delegates such an assignment would be a “hazmat employer” in accordance with Title 49 of the Code of Federal Regulations (49 CFR) part 172, § 172.702(d).
2)      Any person so assigned, must be trained in accordance with § 172.704(a).
3)      If the part 91K program manager makes a business decision not to accept hazmat and does not assign any person to perform a duty or responsibility to handle or carry hazmat, then recognition training is not required.

D.    Certificate Holders That Choose to Carry Hazmat (Will-Carry).

1)      A certificate holder conducting operations under part 121 or 135 that chooses to carry hazmat (and Company Materials (COMAT) identified as hazardous) must provide to its principal operations inspector (POI) a general outline of the aspects of the proposed training program as presented in Table 1, Operators That Transport Hazardous Material – Will‑Carry Certificate Holders, of part 121, appendix O and the manual with the procedures and information to be used to assist the flight crewmembers. The POI will forward this material to the appropriate regional hazmat branch manager’s office (see Volume 2, Chapter 2, Section 6 for references). Generally, air carriers must only submit an outline sufficient to provide an overview of the training program in regard to the aspects and functions covered in Tables 1 and 2, Operators That Do Not Transport Hazardous Materials – Will‑Not‑Carry Certificate Holders, of part 121 appendix O. The hazmat branch manager will review the submission to determine that it includes the relevant training aspects for the cited job functions.
2)      Provided the following conditions are met, the certificate holder may be authorized to accept, handle, and transport materials, including COMAT (regulated as hazmat in transport under 49 CFR parts 171 through 180 (part 175 in particular)).
a)      Packages containing hazmat are properly offered and accepted in compliance with parts 171 through 180;
b)      Packages containing hazmat are properly handled, stored, packaged, loaded, and carried onboard the certificate holder’s aircraft in compliance with parts 171 through 180;
c)      The requirements for the notification to the PIC (part 175, § 175.33) are complied with; and
d)      Aircraft replacement parts, consumable materials or other items regulated by parts 171 through 180 are properly handled, packaged, and transported.
3)      Additionally, for each crewmember and person performing or directly supervising the following job functions involving items for transport on an aircraft, the certificate holder’s manual required by §§ 121.133 or 135.21 shall contain those procedures and information necessary to assist the crewmember or other person in identifying packages marked or labeled as containing hazmat or show signs of containing undeclared hazmat, including procedures and information on the following:

·        Acceptance.

·        Rejection.

·        Handling.

·        Storage incidental to transport.

·        Packaging of company material.

·        Loading.

4)      The manual required by §§ 121.133 or 135.21, as appropriate, shall contain the certificate holder’s procedures for rejecting packages that do not conform to the Hazardous Materials Regulations (HMR) in parts 171 through 180, or that appear to contain undeclared hazmat.
5)      The manual required by §§ 121.133 or 135.21, as appropriate, shall contain the certificate holder’s procedures for complying with the hazmat incident reporting requirements of part 171, §§ 171.15 and 171.16 and discrepancy reporting requirements of § 175.31.
6)      The certificate holder is responsible for maintaining the records in initial and recurrent hazmat training within the three preceding years of all direct employees, contractors, and subcontractors directly supervising or performing an applicable job function as described in part 121 subpart Z for or on behalf of the certificate holder. The training records may be electronic or paper and must be made available to the FAA upon request at the location the trained person performs or directly supervises the covered job function.
7)      The following recordkeeping requirements are identical to those required by § 172.700, the International Air Transport Association (IATA), and the International Civil Aviation Organization (ICAO):

·        Individual’s name.

·        Most recent training completion date.

·        A description, copy, or reference to training material.

·        Name and address of organization providing training.

·        Copy of certification used to show test was satisfactorily completed.

E.     Certificate Holders that Choose Not to Carry Hazmat (Will-Not-Carry).

1)      OpSpec A004 will state that the certificate holder conducting operations under part 121 or 135 is not authorized and shall not carry hazmat, satisfying the OpSpec regulatory requirement for a “will-not-carry” certificate holder. The certificate holder is prohibited from accepting, handling, or transporting those materials, including hazardous COMAT, regulated as hazmat in transport under parts 171 through 180.
2)      Consistent with this prohibition, for each crewmember and person performing or directly supervising the acceptance, handling, storage incidental to transport, or loading of items for transport on an aircraft, the certificate holder’s manual required by §§ 121.133 or 135.21 (as appropriate) shall contain those procedures and information necessary to assist the crewmember or other person in identifying packages that are marked or labeled as containing hazmat or that show signs of containing undeclared hazmat.
3)      The manual required by §§ 121.133 or 135.21, as appropriate, shall contain the certificate holder’s procedures for rejecting packages offered for transport that contain hazmat or that appear to contain undeclared hazmat.

F.      Basic, Single PIC, and Single-Pilot Operators.

1)      Operators issued OpSpecs A037 through A039 must have an approved hazmat program and should use the hazmat program currently accepted/approved by their respective regional hazardous material branch. These certificate holders conducting operations under part 135 will need to have OpSpec A055 issued if they are a “will-carry” certificate holder. These certificate holders may have to comply with the manual requirements for the carriage of hazmat if the hazardous material branch manager requires it.
2)      Single-pilot operators issued OpSpec A040 may comply with the hazmat program by submitting a program for acceptance by the FAA if they are a “will-carry” certificate holder. They will be issued OpSpec A055 if they are a “will-carry” certificate holder. There is no manual requirement for a single-pilot operator issued OpSpec A040.

G.    Reference.

·        70 FR 58796 (No. 194); October 7, 2005.

OPSPEC/MSPEC/LOA A056, DATA LINK COMMUNICATIONS.

A.     General. Template A056 contains specific operational limitations and provisions for granting authorization to operators of aircraft under part 91, 121, 125, 135, or 91 subpart K to conduct data link communications using aircraft systems that are certificated for air–ground air traffic services (ATS).

1)      Parts 91, 121, 125, and 135 operators, and part 91K program managers conducting flight operations in oceanic and remote airspace may use data link communications systems (i.e., Future Air Navigation System (FANS) (FANS‑1/A or equivalent)). Operations using data link communications within domestic airspace require very‑high frequency (VHF) radios called very‑high frequency digital link Mode 2 (VDL‑2), compatible with ATS.
2)      Data link may be used as a supplement to voice communications with ATS. Voice communications must be continually monitored because aircraft still must be equipped with operating VHF voice and, when required, high frequency (HF) voice radios along the entire flight route.
3)      All data link operations in domestic airspace are limited to the en route phase of flight where radar or an equivalent surveillance system such as Automatic Dependence Surveillance‑Broadcast (ADS‑B) is available for surveillance services.
4)      All aircraft used to conduct data link operations in domestic airspace must be equipped with an FAA-certified collision avoidance system that is on and operating. (Reference part 91, § 91.221; part 121, § 121.356; part 125, § 125.224; part 129, § 129.18; and part 135, § 135.180.)
5)      An exception to the requirement for data link communication systems is the FANS‑1/A system in oceanic or remote airspace. The FANS‑1/A communications system can only be approved for data link operations in oceanic and remote area airspace. FANS‑1/A systems are not interoperable with the VDL‑2 infrastructure for domestic data link communications.

B.     Data Link Training. Part 121 and 135 air carriers, and part 91K program managers must have an approved data link training program for their maintenance and flightcrew personnel, as outlined in FAA AC 120‑70, Operational Authorization Process for use of Data Link Communication System, current edition.

C.     Validation Tests. Part 91, 121, 125, and 135 operators and part 91K program managers must follow the validation test process outlined in Volume 3, Chapter 29, Proving and Validation Tests. Applicants who have no previous experience conducting data link must demonstrate competency to the FAA during a validation flight in the aircraft.

1)      A validation flight is not required in each make, model, and series of aircraft as long as the equipment and system configuration is the same and ground tests demonstrate suitable expected performance.
2)      During the validation flight tests, the FAA evaluator must ensure that the operator’s procedures, knowledge, and use of the data link communications system are consistent with the operator’s data link communications training program and the recommendations outlined in AC 120‑70.

D.    Authorization for Data Link Use. For part 91, 121, 125, and 135 operators and part 91K program managers, the POI will coordinate with the principal avionics and PMIs on the following matters:

1)      Equipment and systems certification, and airworthiness approval review;
2)      The content of the OpSpec authorization;
3)      The required communication performance;
4)      The AFM;
5)      Additional MEL requirements and relief; and
6)      Other elements necessary for the safe and effective use of data link communications.

Note:   POIs should be aware that there may be additional limitations and guidance for specific airplanes in Flight Standardization Board (FSB) reports.

E.     Contents of Operator Application for Operational Authorization to Use Data Link. The operator’s application to obtain authorization to use data link must address and contain the following subjects:

1)      List of source documents used:
a)      For generic data link operations (e.g., aircraft/avionics manufacturer documents).
b)      For area of operations specific policy/procedures. (See item 3 below.)
2)      Description of aircraft data link systems including certification documents and current configuration (e.g., current avionics load).
3)      Data link system make/model/series. All STC and AFM limitations and procedures.
4)      General information.
5)      Areas of operation/routes where operator intends to use data link.
a)      List of areas and/or routes where operator intends to conduct data link operations.
b)      List of air traffic centers/service providers with which the operator intends to communicate via data link.
c)      List of policy and procedures source documents applicable to each area(s) of operations, such as:

1.      Operations manuals for specific areas of operations (e.g., FANS‑1/A Operations Manual (FOM) for operation in Asia–Pacific flight information regions (FIR)).

2.      State Aeronautical Information Publications (AIP).

3.      State Notices to Airmen.

4.      FAA chart supplements (e.g., Pacific and Alaska chart supplement).

6)      Flightcrew qualification programs.
7)      Manuals and other publications.
8)      MMEL/MEL.
9)      Issues unique to a particular operator.
10)  Maintenance programs.

F.      Contents of Flightcrew Qualification Programs.

1)      Academic Training Subjects. A basic source document for data link procedures in oceanic areas is the FOM, part 5. Policy and procedures applicable to specific FIRs are in state AIPs and NOTAMs. Address the following areas:

·        Acronym Source: FOM part 2,

·        General concepts of digital and analog communications,

·        Expected flightcrew response,

·        ATS coordination,

·        Aircraft digital or analog communication equipment components, displays, alerts. (Sources: aircraft manufacturer documents.),

·        Interface with other aircraft systems,

·        AFM information MEL provisions,

·        Data link events reports,

·        Data link malfunction or irregularity reports, and

·        Human factors—lessons learned.

2)      Operational Use Training.

·        General requirement,

·        Simulators,

·        Computer-based instruction,

·        Policy on initial pilot evaluation, and

·        Recurrent training and evaluation.

3)      Currency (recent experience).
4)      Line Checks and Route Checks (if applicable).
5)      Line‑Oriented Flight Training (if applicable).

G.    Operational Authorization Documents. This issuance of paragraph A056 grants approval to use data link communications in operations. Either the certificate management office or Flight Standards District Office should coordinate the approval with AFS‑400.


Table 3-23, Communications Systems and Operating Environments. This table lists the systems and their operating environment including the applicable criteria with references.

Row

Aircraft Data Link System

Operating Environment

Applicable Standards

Type of Airspace

ATS Unit System

Capabilities and Uses

1

ATN B1

Domestic (Continental)

ATN B1

Supplemental ATC communications:

Communication application supports data link initiation capability (DLIC) data link service.

Controller Pilot Data Link Communications (CPDLC) application supports ACM, ACL, and AMC data link services.

Note 1: departure clearance (DCL), downstream clearance (DSC), (Digital- Automatic Terminal Information Service (D‑ATIS), and Flight Plan Consistency (FLIPCY) data link services are not supported.

a. DO‑290/ED‑120, Chg 1 and Chg 2, Continental Safety and Performance (SPR) Standard.

b. DO‑280B/ED‑110B air traffic management (ATM) B1 INTEROP Standard.

2

FANS 1/A+

Domestic (Continental)

ATN B1 FANS‑1/A

Same as row 1 except:

Uses Aeronautical Telecommunications Network (ATN) ATC Facilities Notification (AFN) application for DLIC data link service.

For CPDLC application, UM 215, TURN (direction) (degrees) is not supported.

Note 2: FANS 1/A aircraft will require use of DM67 (free text) to mimic certain message elements per DO‑290/ED‑120 Chg 1 and Chg 2. See DO‑305/ED‑154 paragraph 4.2.13.2.

Note 3: In accordance with DO‑290/ED‑120, Chg 1 and Chg 2, FANS 1/A aircraft will require use of a message latency timer per DO‑258A/ED‑100A, paragraph 4.6.6.9 and is denoted by a “+” appended to the “FANS 1/A” label.

Note 4: Only via VHF data link subnetwork.

Same as row 1 plus:

a. DO‑305/ED‑154, FANS 1/A‑ATN INTEROP Standard (Applies only to ATS Unit except see note 2).

b. DO‑258A/ED‑100A, FANS 1/A INTEROP Standard (Applies only to aircraft).

3

FANS 1/A+ or FANS 1/A

Oceanic and remote

FANS‑1/A

Normal means of ATC communication uses AFN and CPDLC applications for direct controller-pilot communications (DCPC).

Eligible for:

Required Communication Performance (RCP) 240 operations via VHF, Satcom Iridium and Satcom Inmarsat subnetworks.

RCP 400 operations via HF data link subnetwork.

No RCP operations.

Note 4: Aircraft capability that supports multiple RCP type operations needs to include appropriate indications and/or alerts to enable the flightcrew to notify ATC when aircraft equipment failures result in the aircraft’s ability to no longer meet its criteria for any of the RCP types, per DO‑306/ED‑122, paragraph 5.2.6.a) and 5.2.6.b).

Uses ADS‑C application for automatic position reporting.

a. DO‑306/ED‑122, Oceanic SPR Standard.

b. DO‑258A/ED‑100A (or earlier versions) FANS 1/A INTEROP Standard.

4

FANS 1/A+ or

FANS 1/A

Oceanic and Remote

CADS

No CPDLC application.

Uses ADS‑C application for automatic position reporting.

a. DO‑306/ED‑122 Oceanic SPR Standard.

b. DO‑258A/ED‑100A (or earlier version), FANS 1/A INTEROP Standard (Applies only to aircraft)

c. Centralized ADS (CADS) Common Specification, Version 2.0, approved ICAO NAT FIG/10, Paris, March 29–April 2, 2004 (Applies only to ATS unit)

5

Flight manage-ment system waypoint position reporting (FMS WPR)

Oceanic and Remote

CFRS

Same as row 4

a. DO‑306/ED‑122, Oceanic SPR Standard

b. ARINC 702A, Advanced Flight Management Computer System (Applies only to aircraft)

c. Central Flight Management Computer Waypoint Reporting System (CFRS) Common Specification, Version 2.0, approved International Civil Aviation Organization (ICAO) North Atlantic (NAT) FIG/10, Paris, March 29–April 2, 2004 (Applies only to ATS unit when ATS unit is CADS)

6

FANS 1/A

ADS‑C

Oceanic and Remote

FANS‑1/A or CADS

Same as row 4

a. DO‑306/ED‑122 Oceanic SPR Standard

b. DO‑258A‑ED‑100A (or earlier version) FANS 1/A INTEROP Standard (If ATS unit is CADS, applies only to aircraft)

c. CADS Common Specification, Version 2.0, approved ICAO NAT FIG/10, Paris, March 29–April 2, 2004 (Applies only to ATS unit when ATS unit is CADS

 


MSPEC A058, SINGLE PILOT PROGRAM FLIGHTS. The program manager may be authorized to use certain program aircraft with approved autopilot systems in single pilot program flights provided the limitations and provisions of MSpec A058 are met.

MSPEC A059, USE OF ALTERNATE MANUALS, PROGRAMS, OR SYSTEMS. The program manager may be authorized to use specific alternate manuals, programs, or systems (except for flight, duty, and rest provisions) in accordance with the limitations and provisions of MSpec A059.

OPSPEC A060, EUROPEAN AVIATION SAFETY AGENCY RATINGS FOR REPAIR STATIONS LOCATED OUTSIDE THE UNITED STATES. This paragraph authorizes work performed under European Aviation Safety Agency (EASA)-rated repair stations if the appropriate form (EASA Form 3) authorizes the scope of the work.

OPSPEC/MSPEC A061, AUTHORIZATION TO USE AN ELECTRONIC FLIGHT BAG; ISSUANCE OF OPERATIONS SPECIFICATION/MANAGEMENT SPECIFICATION A061.

A.     General. Aviation safety inspectors (ASI) and Aircraft Evaluation Groups (AEG) will no longer approve Class 1 and Class 2 Electronic Flight Bag (EFB) hardware and associated Type A and B application software. Instead, ASIs may authorize the use of Class 1 or Class 2 EFB devices, including those Class 2 EFBs containing Type C application software meeting requirements of Technical Standard Order (TSO) C165, Electronic Map Display Equipment for Graphical Depiction of Aircraft Position, for display of “own-ship” position on airport moving map displays. Installation requirements and airworthiness approval remain unchanged.

1)      Class 3 hardware and Type C software will be FAA-approved by the normal type certification processes (type certificate (TC)/Supplemental Type Certificate (STC)). For operations conducted under 14 CFR parts 91 subpart K, 121, 125 (including deviation holders), and 135, all EFBs will be authorized for use by OpSpec/MSpec/LOA. AEG evaluation of Class 3 and/or Type C will be published in the applicable FSB Report.
2)      Class 1 or 2 hardware (with Type A and/or B software applications) must be demonstrated to reliably meet intended EFB functions. It is the responsibility of the applicant and/or the EFB hardware/software vendor to ensure that its EFB system and Type A and B software applications can accurately perform intended functions. AEG evaluation of a Class 1 or 2 EFB (with Type B applications) will be at the AEG’s discretion and published in an Operational Suitability Report for the particular EFB.

B.     Background. AC 120‑76, Guidelines for the Certification, Airworthiness, and Operational Approval of Electronic Flight Bag Computing Devices, current edition, and expired Notice N 8200.98, Electronic Flight Bag Job Aid, reference several instances of FAA inspector and AEG approval requirements for Class 1 and 2 EFB hardware and associated Type A and B application software (whether that software is sold separately or embedded in an EFB device). The guidance in this section replaces procedures and advisory material in FAA orders and ACs requiring an FAA inspector or the AEG to approve Class 1 and Class 2 EFB hardware and associated Type A and B software applications. The guidance in this section is not intended to stop or restrict the operational use of these devices and software. This section also replaces the cancelled Notice N 8000.353, Revised Guidance for Authorizing the Use of Electronic Flight Bags, Issuance of A061, Electronic Flight Bag, and Revision to A025.

1)      In AC 120-76, the words “approved” and “approval” are used in many instances when referring to actions that may be accomplished by Flight Standards Service (AFS) ASIs. The uses of these words are intended to reflect the general process for approval or acceptance. The general process of approval or acceptance of certain operations, programs, documents, procedures, methods, or systems is an orderly method used by AFS inspectors to ensure that such items meet regulatory standards and provide for safe operating practices. It is a modular, generic process that can be applied to many types of approval or acceptance tasks. It is important for inspectors to understand that this process is a tool to be used with good judgment.
2)      The application of the approval process described in ASI handbooks, coupled with the “plain English” definitions of “approved” and “approval,” has led to some confusion in the aviation community. AFS ASIs have no authority to approve EFB hardware or EFB application software. The guidance in this section is not intended to stop or restrict the operational use of these devices and software, but to clarify the role of AFS ASIs with regard to EFBs.

C.     Guidance.

1)      The authorization to use an EFB is optional and applicable to operators conducting operations under parts 91K, 121, 125 (including Letter of Deviation Authority holders), and 135. ASIs may authorize the use of Class 1, 2, and 3 EFB devices. (OpSpec/MSpec/LOA A025 is no longer used for the EFB authorization).
a)      For authorizing the use of a Class 1 or Class 2 EFB device. The ASI must issue the selectable statement in OpSpec/MSpec/LOA A061, Electronic Flight Bag (see paragraph 3) below).
b)      For authorizing the used of a Class 3 EFB device. Table 1 of OpSpec/MSpec/LOA A061 will be used to document the aircraft make/model/series (M/M/S), the Class 3 device, and the Type C software revision control for Class 3 EFB devices, if installed. Compliance with the requirements of OpSpec/MSpec/LOA A061 should be validated during routine inspections of the operator before it is issued.
2)      ASIs and AEGs are not responsible for approving Class 1 and Class 2 EFB hardware and associated Type A and B application software.
a)      Installation requirements and airworthiness approvals remain unchanged as specified in AC 120‑76.
b)      The appropriate AEG, at their discretion may evaluate the EFB device installations that present new or novel functions and provide a report of operational suitability and/or adverse findings to the responsible aircraft certification or airworthiness entity having approval authority for the initial installation. Operational Suitability Reports (OSR) are available at www.opspecs.com Web site on the FSB Report page for EFB hardware that has been evaluated by the AEG and separate OSRs may be available for specific Type B software applications. ASIs should ensure an operator complies with these reports when they are available for a particular EFB.
3)      Class 1 and Class 2 EFB Devices. A061 provides for the selection of standardized text for the use of Class 1 and Class 2 EFB devices. Any specific information should be contained in the operator’s appropriate manual and not entered into A061. The following is applicable for authorizing the use of Classes 1 and 2 EFB devices:
a)      Class 1 and/or Class 2 devices with Type A and/or B application software may be authorized for use in accordance with the technical guidance specified in AC 120‑76. Class 1 devices with Type A or B application software and/or Class 2 devices with Type A or B application software and/or software approved under TSO‑C165 (Type C) may be used.

Note:   Technical guidance on Class 2 EFBs with Type C application software providing “own-ship” position is found in the current edition of AC 20‑159, Obtaining Design and Production Approval of Airport Moving Map Display Applications Intended for Electronic Flight Bag Systems.

b)      The maintenance and avionics inspectors must ensure that the aircraft and equipment have the proper airworthiness approvals for any power, databus connections, or mounting.
c)      Training for the use and/or maintenance of the EFB by certificate holder/program manager must be documented and included in the operator’s approved training program and applicable maintenance program.
d)      The certificate holder/program manager will specify the procedures for updating and maintaining any databases necessary to perform the intended functions of the EFB in its manual.
e)      The principal inspector (PI) is responsible for conducting a review of the system performance to ensure its acceptability prior to granting authorization to use. The PI should review the system performance using the EFB system users manual/pilot’s guide. The PI is responsible for evaluating the operators use of the EFB in normal and emergency operations, but not a review of the actual hardware or software.
f)        The AEG is available to assist with questions and guidance regarding EFB Operational Evaluations. The PI should contact the AEG when an operator submits a request for authorization to use an EFB that includes a new or novel function. The AEG may evaluate Class 1 or 2 hardware or Type B software applications as necessary to address progression in available EFB equipment and functions in the aviation industry.
g)      If a Class 1 or Class 2 EFB device is authorized for use, the ASI must select that statement in the Select Data table for A061 and enter NA in the cells of the table. All other information in regard to the authorization for the use of an EFB should be documented in the operator’s manual and not written into A061.
4)      The Aircraft Certification Service (AIR) must provide design, installation, and airworthiness approval for Class 3 EFB hardware which is permanently installed on an aircraft. This will be accomplished by incorporating the EFB into the aircraft type design or STC, not by field approvals. If a Class 3 EFB device is authorized to be used, the table in A061 should be appropriately filled out.
a)      The Type C application software associated with Class 3 EFB device is also certified by AIR in reference to Radio Technical Commission for Aeronautics (RTCA)/DO‑178B, Software Considerations in Airborne Systems and Equipment Certification. Type A and B application software may be installed on these devices, but require no approval by the ASI as this software is protected from the Type C application software in the RTCA/DO‑178 standard.
b)      Operators should have procedures to control revisions to the Type A and B software in their manuals. Type C software revision control is accomplished by using Table 1 in OpSpec/MSpec/LOA A061.
c)      If Type A or Type B software is used in conjunction with Type C software in the Class 3 EFB, the name of the software must be documented in Table 1 of OpSpec/MSpec/LOA A061.
5)      Simulator and/or in flight validation tests may be needed to fully determine the suitability of the use of an EFB (see AC 120‑76, paragraph 12(j), pages 21 and 22). Each operator’s proposed EFB functionality and software will vary, and scenarios should be customized for the particular situation by the inspector and applicant. It is the operator’s responsibility to demonstrate the function and reliability of the EFB.
a)      Validation flight scenarios should be used to ensure that EFB device’s use has adequately transitioned into the operator’s overall training and operations programs. In some cases, the task will be completed entirely with an EFB, while in other cases the EFB device may be used together with other sources of information, such as paper charts or documents, depending on the capabilities of the EFB device and its operational implementation.
b)      The required EFB validation flight scenario differences could be affected by other factors, such as:

·        Software: Type A, B, or C application;

·        Hardware: Classes 1, 2, or 3, which include factors such as location in the flight deck and connectivity to other aircraft systems;

·        Aircraft/Operations: single pilot vs. dual pilot, single EFB vs. dual EFB; and

·        Weather conditions: visual vs. instrument; very‑low visibility.

D.    Inspector Action. ASIs will review this section and provide pertinent information to the affected operators. Operations specification OpSpec/MSpec/LOA A025 would be a nonmandatory revision to remove any EFB authorization.

1)      ASIs will provide technical advice and guidance to operators, when requested, to assist them in evaluating their selected EFB devices using the technical guidance found in AC 120‑76 but will no longer issue FAA approvals for the hardware and software. Authorization for use will be issued in reference to paragraph 3) below.
2)      If the operator’s OpSpec/MSpec/LOA A025 already contains an authorization for the use of an EFB, the operator’s existing OpSpec/MSpec/LOA A025 must be re‑issued and the new A061 must be issued to authorize the use of the appropriate EFB within 120 days of the publication of this section. No subsequent evaluation of previously authorized EFB device(s) is necessary. If the operator has OpSpec A025 issued for electronic recordkeeping systems without the use of an EFB, it is not necessary to re-issue that operator’s OpSpec A025. Electronic recordkeeping system functions may co-reside on an EFB device and if so, OpSpec A025 as well as OpSpec A061 should be issued as instructed below.
3)      ASIs will use the new OpSpec/MSpec/LOA A061, EFB, to authorize the use of Class 1, Class 2, or Class 3 EFB device. Compliance with the requirements of OpSpec/MSpec/LOA A061 should be validated prior to the initial authorization to use an EFB and during routine inspections of the operator. If a Class 3 EFB device is authorized to be used, the table in A061 should be appropriately filled out. If a Class 1 or Class 2 EFB device is authorized for use, the ASI must select that statement in the Select Data table and enter NA in the cells of the table. All other information in regard to the authorization should be documented in the operator’s manual and not written into A061.

OPSPEC/MSPEC A096, ACTUAL PASSENGER AND BAGGAGE WEIGHT PROGRAM FOR ALL AIRCRAFT. Passenger and cargo only operations conducted under 14 CFR parts 91K, 121, 125, and 135 that use actual weights, or asked/volunteered weights plus 10 pounds to account for the weight and balance of all company owned and operated aircraft, must be issued OpSpec A096. If OpSpec A096 is issued, OpSpecs A097, A098, and/or A099 may not be issued.

Note:   Operators authorized to use average weight always retain the option to use actual weights.

OPSPEC/MSPEC A097, SMALL CABIN AIRCRAFT PASSENGER AND BAGGAGE WEIGHT PROGRAM. Operators of small‑cabin aircraft (aircraft type certificated for 5 to 29 passenger seats) that wish to use any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights must be issued OpSpec A097. (The classification of small-, medium-, and large‑cabin aircraft is based on the maximum type certificated number of passenger seats authorized for an aircraft, not the seating configuration as operated) If an operator elects to use only actual passenger and baggage weights, only OpSpec A096 must be issued. Table 1 of OpSpec A097 approves and tracks the general weight and balance control program weights that may consist of any combination of average, survey derived average, segmented, and/or actual weights. Operators approved for survey derived average weights must specify the expiration date of such weights. The expiration date for survey derived average weights may not exceed 36 calendar‑months, beginning the month the survey was completed to derive such average weights. Use Table 2 of OpSpec A097 to approve route specific program weights. The route specific program weights may be comprised of any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights. Review AC 120‑27, Aircraft Weight and Balance Control, current edition, before issuing OpSpec A097 to verify operator weight and balance control program compliance.

OPSPEC/MSPEC A098, MEDIUM CABIN AIRCRAFT PASSENGER AND BAGGAGE WEIGHT PROGRAM. Operators of medium‑cabin aircraft (aircraft type certificated for 30 to 70 passenger seats) that wish to use any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights must be issued OpSpec A098. (The classification of small‑, medium‑, and large‑cabin aircraft is based on the maximum type certificated number of passenger seats authorized for an aircraft, not the seating configuration as operated.) If an operator elects to use only actual passenger and baggage weights, OpSpec A096 must be issued. Table 1 of OpSpec A098 approves and tracks the general weight and balance program weights that may consist of any combination of average, survey derived average, segmented, and/or actual weights. Operators approved for survey derived average weights must specify the expiration date of such weights. The expiration date for survey derived average weights may not exceed 36 calendar‑months, beginning the month the survey was completed to derive such average weights. Use Table 2 of OpSpec A098 to approve route specific program weights. The route specific program weights may be comprised of any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights. Review AC 120‑27, Aircraft Weight and Balance Control, current edition, before issuing OpSpec A098 to verify operator weight and balance control program compliance.

OPSPEC/MSPEC A099, LARGE CABIN AIRCRAFT PASSENGER AND BAGGAGE WEIGHT PROGRAM. Operators of large‑cabin aircraft (aircraft type‑certificated for 71 or more passenger seats) that wish to use any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights must be issued OpSpec A099. (The classification of small-, medium-, and large‑cabin aircraft is based on the maximum type‑certificated number of passenger seats authorized for an aircraft, not the seating configuration as operated.) If an operator elects to use only actual passenger and baggage weights, OpSpec A096 needs to be issued. Table 1 of OpSpec A099 approves and tracks the general weight and balance program weights that may consist of any combination of average, survey derived average, segmented, and/or actual weights. Operators approved for survey derived average weights must specify the expiration date of such weights. The expiration date for survey derived average weights may not exceed 36 calendar‑months, beginning the month the survey was completed to derive such average weights. Use Table 2 of OpSpec A099 to approve route specific program weights. The route specific program weights may be comprised of any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights. Review AC 120‑27, Aircraft Weight and Balance Control, current edition, before issuing template A099 to verify operator weight and balance control program compliance.

OPSPEC A101, ADDITIONAL FIXED LOCATIONS. This paragraph identifies additional locations (facilities) within the FSDO that collectively form a certificated part 145 repair station’s operational base without having to certificate each facility as a stand-alone or satellite repair station.

A.     Additional Locations. All additional locations of the certificated repair station must be under the full control of the primary facility listed in OpSpec A001. Individual facilities are not required to be completely equipped with tools, equipment, and parts, but must have them available when they perform the work.

B.     Repair Station Manual (RSM). The RSM must contain detailed procedures for the transport of equipment and parts between facilities. The RSM should also outline procedures to ensure adequate personnel are available to support the additional fixed locations/facilities while articles are undergoing maintenance. Further, using additional fixed locations does not constitute work away from the repair station.

C.     Bilateral Agreement (BA) Including Provisions for Maintenance. When a repair station is located in a country with which the United States has signed a BA that includes provisions for maintenance of aircraft, engines, and appliances for installation on U.S.‑registered aircraft, the repair station may operate in multiple facilities under one FAA air agency certificate within that country. The authorization requires the cooperation of the local national aviation authority.

Note:   The repair station’s additional locations may only be within the geographic boundaries of the BA country.

OPSPEC/MSPEC/LOA A353, ADS-B OUT OPERATIONS IN THE HUDSON BAY AREA, CANADA: 14 CFR Parts 91, 91 SUBPART K, 121, 125, 125M, AND 135 Operators.

Note:       To obtain the nonstandard authorization A353, the operator and the PI are required to use the nonstandard request process. See Volume 3, Chapter 18, Section 2, paragraphs 3‑712 to 3‑713, for the nonstandard request process. For all operators, a formal request must be sent to the Flight Technologies and Procedures Division (AFS‑400). After review by AFS-400, the formal request will be authorized by:

·        The Air Transportation Division (AFS‑200) for operators conducting operations under parts 121 or 135.

·        The General Aviation and Commercial Division (AFS‑800) for operators conducting operations under part 125, including part 125 LODA holders, under part 91, or under part 91K.

A.     Applicability. OpSpec A353 is applicable to all operators conducting airplane operations under parts 91, 91K, 121, 125 (including the LODA 125 operators), and 135. Paragraph A353 authorizes operators to conduct Automatic Dependent Surveillance-Broadcast (ADS-B) Out operations in the Hudson Bay area of Canada. OpSpec/MSpec/LOA A353 is an optional authorization for:

1)      Part 91 operators (LOA),
2)      Part 121 and 135 operators (OpSpec),
3)      Part 125 (including 125 LODA) operators (OpSpec/LOA), and
4)      Program managers conducting operations under part 91K (MSpec).

B.     Background. ADS-B is a surveillance system that uses a Global Navigation Satellite System (GNSS), aircraft avionics, and a ground infrastructure to accurately and quickly transmit flight information between the airplane and air traffic control (ATC). ADS‑B consists of two functions: ADS‑B Out and ADS‑B In. ADS‑B Out, defined as the capability necessary to transmit ADS‑B messages, is the core of the operational system. The ability to receive and display ADS‑B messages and broadcast services, both from the ground and directly from other aircraft is called ADS‑B In. The Hudson Bay area will only utilize ADS‑B Out functions.

1)      The system is automatic since it functions without intervention from the flightcrew as long as the necessary avionics are in place, connected and functioning. Contrary to the independent primary radar system, ADS‑B is dependent because it requires the aircraft to state its position.
2)      The implementation of ADS‑B has significant benefits that include the following:
a)      Application of 5 nautical miles (NM) lateral separation based on a surveillance system in lieu of procedural separation minima;
b)      Fuel savings due to the opportunity for more user preferred trajectories; and
c)      Enhanced safety in the air through increased areas of surveillance coverage.
3)      ADS-B is not being mandated in Canada in the near term. It is acknowledged that ADS-B technology will supplement the current ground-based radar surveillance system and may eventually replace it to some extent, however, the intent of not mandating the ADS-B system is to allow owners and operators to volunteer their participation in a surveillance system where Nav Canada will offer ADS-B, and to benefit from its advantages.

C.     Transport Canada Requirements. The operator must meet the requirements of Transport Canada Civil Aviation (TCCA) Advisory Circular (AC) 700‑009, Automatic Dependent Surveillance-Broadcast, as it relates to “foreign air operators.” A link to the current TCCA AC is provided in paragraph D below and the relevant section (see paragraph 6.2, Foreign Air Operators) currently reads as below:

1)      A foreign air operator must meet the conditions of operational specification No. 610, provided in Appendix B of this document, to obtain operational approval for ADS‑B operations in the Hudson Bay area. The conditions are as follow:
a)      The aircraft, the equipment and the installation must;

1.      Meet the airworthiness requirements of the State of the Foreign Air Operator; and

2.      Meet the certification considerations of the European Aviation Safety Agency (EASA) AMC 20‑24, Certification Considerations for the Enhanced ATS in Non-Radar Areas using ADS-B Surveillance (ADS‑B‑NRA) Application.

b)      The air operator must establish procedures in its Company Operations Manual for the guidance of its personnel and any other procedures related to ADS‑B that are necessary for safe operations. These procedures must include at least a system description, the operational aspects described in document EASA AMC 20‑24, operational and contingency procedures, and training elements for use of the ADS-B-NRA application.
c)      The air operator must provide training to each flightcrew member involved with ADS-B operations that address at least the items listed at sections 10.3.2 and 10.4 of EASA document AMC 20‑24 (end of excerpted TCCA AC 700‑009).

Note:   Part 91 operators do not need this manual, but part 91 operators must have relevant supporting documents.

D.    Operator Requirements. The operator must submit documentation which verifies that each aircraft intended for use in the Hudson Bay area meets TCCA airworthiness requirements for both initial and continuing authorization. The operator must also submit the unique International Civil Aviation Organization (ICAO) 24 bit aircraft address for each aircraft intended for use in the Hudson Bay area. The unique ICAO 24 bit aircraft address should be verified to be correct as assigned by the responsible authority to each airframe.

1)      Aircraft Flight Manual (AFM). An FAA-approved Aircraft Flight Manual Supplement (AFMS) or Supplemental Aircraft Flight Manual (SAFM) must be carried in the airplane at all times when the ADS-B Out equipment is installed in accordance with a Supplemental Type Certificate (STC). The operator’s pilot’s operating handbook (POH) may be sufficient for aircraft which do not have an applicable AFM and must be carried on board the aircraft in lieu of the AFMS or SAFM.  However, the POH alone may not be sufficient evidence for airworthiness approval of the aircraft to meet ADS-B standards of AMC 20-24.
2)      Required Pilot Training. Each member of the flightcrew must have completed an approved training program that includes ADS‑B Out equipment, operating practices, procedures, conditions, and limitations before being authorized to use the ADS-B Out equipment, unless one of the crewmembers is an appropriately trained check airman.
3)      The inspector should verify that the operator’s training is accomplished, and the AFM or supplements shows compliance with EASA AMC 20-24. The operator must contact Transport Canada with their OpSpec and the unique ICAO 24 bit aircraft address for each aircraft which will be used in the Hudson Bay area.
4)      Table 1 of the OpSpec requires the aircraft registration number, aircraft serial number, and the ICAO 24 bit aircraft address for each aircraft approved for operations in the Hudson Bay area. When authorizing A353 in WebOPSS, the aircraft registration number and serial number can be pre-loaded by selecting “Hudson Bay” in the aircraft listing. However, the ICAO 24‑bit address must be entered manually for each authorized aircraft.

E.     Source Documents. The source documents include:

·        Transport Canada AC 700‑009, available at http://www.tc.gc.ca/CivilAviation/IMSdoc/ACs/700/700-009.htm, and

·        European Aviation Safety Agency (EASA) document AMC 20‑24 at http://www.easa.europa.eu/ws_prod/g/rg_certspecs.php.

F.      Contacts. To ensure timely attention for foreign operators applying to Transport Canada for OpSpecs, requests should be made directly to the Foreign Inspection Division (FID). The principle points of contact are:

1)      Mr. David Biehn

Chief, Foreign Inspection Division

Telephone—(613) 998‑9074

Fax—(613) 991‑5188

Email—david.biehn@tc.gc.ca

2)      Mr. Keith Levia

Operations Inspector, Foreign Inspection

Telephone—(613) 990‑1079

Email—keith.levia@tc.gc.ca

3)      Postal Address:

Transport Canada, Enterprise Building

427 Laurier Ave, 11th Floor AARJ

Ottawa, Ontario Canada K1A 0N5

G.    Additional Information. For additional ADS‑B information, contact the Flight Technologies and Procedures Division (AFS‑400) at (202) 385‑4597 or 9‑AWA‑AVS‑ADS‑ Programs-AFS@faa.gov. For additional information on part 121 and 135 special authorizations (300 series OpSpecs), contact AFS‑200 at (202) 267‑8166. For additional information on part 91 and 125 special authorizations (300 series OpSpec/MSpec/LOA), contact AFS-800 at (202) 267‑8212.

OPSPEC/MSPEC A447, EMERGENCY AIRWORTHINESS DIRECTIVES (AD) NOTIFICATION INFORMATION.

A.     General. OpSpec A447 is a permanent data collection OpSpec paragraph for certificate holders that conduct operations under 14 CFR parts 121, 125, and 135. The Emergency Airworthiness Directive (AD) Notification was originally put into OpSpec A047 and now is contained in A447 (see below for completion and issuance instructions for A447).

1)      Essentially, the notification of emergency AD “receipt” is the responsibility of an operator’s management personnel. Part A of the templates is for general operations and management responsibilities.
2)      The principal operations inspector (POI), along with the principal maintenance inspector (PMI) and the principal avionics inspector (PAI), is responsible to see that a certificate holder complies with an AD, as applicable for the operations of any particular aircraft. All three PIs are responsible for all the templates in Part A.
3)      If needed, the principal inspector (PI) should fill out the appropriate information for the certificate holder and “activate” the OpSpec paragraph. The certificate holder is not required to sign the paragraph in the same way as an OpSpec authorization. If the FAA signs and activates the paragraph, it is considered to be effective.
4)      The FAA uses the 400‑series of templates in the OPSS for data collection.

B.     When to Issue an AD. ADs are substantive regulations issued by the FAA in accordance with 14 CFR part 39. ADs are issued when an unsafe condition has been found to exist in particular aircraft, engines, propellers, or appliances installed on aircraft. ADs are also issued when that unsafe condition is likely to exist or develop in other aircraft, engines, propellers, or appliances of the same type design. Once an AD is issued, no person may operate a product to which the AD applies except in accordance with the requirements of that AD.

C.     Emergency ADs Require Immediate Action. The FAA only distributes emergency ADs that affect transport category aircraft by facsimile. As such, all certificated operators are being required by an approved document to provide an AD point of contact (name, address, city, state, zip, telephone, and e‑mail) and a facsimile transmission telephone number for emergency AD notification. The owner or operator of an aircraft is responsible for maintaining that aircraft in an airworthy condition, as required by part 39 and part 91, § 91.403(a).

D.    Notification of AD Issuance. Delegation and Airworthiness Programs Branch (AIR‑140), will notify all affected operators of the issuance of the emergency ADs via the facsimile number(s) identified by the operator’s method of notification in the template.

1)      Parts 121 and 125 operators. AIR uses facsimiles for the official notification of the transport category emergency ADs to part 121 and 125 operators. AIR mails paper copies of ADs to all applicable registered owners (part 135 and others).
2)      All other operators. Due to a large number of owners/operators (parts 91, 129, 135, etc.), AIR uses the FAA Aircraft Registry address database and the United States Postal Service for official notification of emergency ADs. AIR uses the information in template A447 to verify those addresses.
3)      AIR no longer uses Societe International de Télécommunications Aeronautiques (SITA), ARINC, or TELEX codes for electronic notification. AIR does not use e‑mail for official emergency AD notification or receipt acknowledgement.

E.     Confirmation of AD Receipt. Upon receipt of an emergency AD, the certificate holder will immediately confirm receipt of the AD by signing the fax cover page and faxing it to AIR‑140 at (405) 954‑4104. This ensures the FAA that all operators affected by an emergency AD have been notified in time to comply with its requirements and avoid any undue safety risks.

F.      Listing of Historical ADs. ADs from the 1940s to the present are now available in electronic format for full text searching on the FAA Web site at www.airweb.faa.gov/rgl. You can also find ADs from the FAA home page (www.faa.gov) by clicking on Airworthiness Directives. Direct questions to any of the following:

Automated Systems Branch (AFS‑520) (202) 267‑3522

Airworthiness Programs Branch (AFS‑610) (405) 954‑6896

AIR‑520 (202) 267‑3682

OPSPEC/MSPEC/LOA A449, ANTIDRUG AND ALCOHOL MISUSE PREVENTION PROGRAM. OpSpec/ MSpec A449 is applicable for parts 121, 121/135, and 135 certificate holders, part 91K (fractional owners) program managers, and part 145 repair stations. Inspectors must use LOA A049 for part 91K operators conducting sightseeing operations under § 91.147.

·        The certificate holders, program managers, or operators are responsible for providing the information required by part 121 appendices I and J to the POIs for the issuance of OpSpec/MSpec A449 or MSpec A449, as applicable;

·        OpSpec/MSpec A449 is a “data collection” template and should not be construed as a Flight Standards authorization;

·        Oversight of the actual implementation of the Antidrug and Alcohol Misuse Prevention Program is the function of the Office of Aerospace Medicine, Drug Abatement Division (AAM‑800);

·        When any changes occur, certificate holders and operators are responsible for providing Flight Standards with current information to update and amend A449;

·        Even though the A449 OpSpec or template is for data collection purposes, it should be signed by the certificate holder or operator because they are “certifying” that the information is accurate and that they will comply with the applicable requirements of part 121, appendices I and J; and

·        In the part 91K database, the program manager is certifying that the information is accurate for its Antidrug and Alcohol Misuse Prevention Program.

A.     Applicability. The following must comply with the Antidrug and Alcohol Misuse Prevention Program regulations in accordance with part 121 appendices I and J, and must have OpSpec A449 issued by Flight Standards:

·        All parts 121 and 135 certificate holders; and

·        All part 91K, program managers must have an antidrug and alcohol misuse prevention program. MSpec A449 must be issued indicating where those records are kept.

B.     Issuance. All parts 121 and 135 certificate holders must be issued OpSpec A449.

·        Existing parts 121 and 135 certificate holders must provide the information to their POIs that is required by part 121 appendices I and J for the issuance of OpSpec A449;

·        New parts 121 and 135 certificate holders must have an Antidrug and Alcohol Misuse Prevention Program and OpSpec A449 issued by their POI before beginning operations pursuant to the certificate;

·        The Antidrug and Alcohol Misuse Prevention Program shall be implemented concurrently with beginning such operations;

·        When a part 121 or 135 certificate holder surrenders its certificate or its certificate is terminated, revoked, or suspended, it must discontinue testing under its Antidrug and Alcohol Misuse Prevention Program. OpSpec A449 should be archived when the certificate is no longer in an active status;

·        Part 135 certificate holders must declare whether they have 50 or more safety-sensitive employees or fewer than 50 safety-sensitive employees. Whenever the number changes from 50 or more to fewer than 50, or vice versa, the certificate holder must inform the POI and OpSpec A449 would need to be amended; and

·        Certificate holders that operate under parts 121 and 121/135 are required to report testing data annually to the FAA, Office of Aerospace Medicine, regardless of the number of safety-sensitive employees in their company. Therefore, there is no requirement to declare when the number of their safety-sensitive employees crosses over or below 50.

C.     Air Tour Operators Under 91K. Part 121 or 135 certificate holders that conduct commercial air tour operations under § 91.147 must be issued a separate LOA from the part 91 database and issued a separate four character identifier. Certificate holders must implement a second drug and alcohol testing program to conduct operations under § 91.147. Even though the same company may be conducting operations under part 135 or 121 and air tour operations under § 91.147, the FAA’s regulations consider the two operations to be separate entities for drug and alcohol purposes. Exemptions to this rule are outlined in § 91.146.

D.    Restriction. No applicable certificate holder or operator shall use a contractor’s employee to perform safety-sensitive functions who is not subject to its own or a certificate holder’s or operator’s Antidrug and Alcohol Misuse Prevention Program. All new applicable certificate holders and operators must ensure that their contract employees who perform safety‑sensitive functions are subject to an Antidrug and Alcohol Misuse Prevention Program.

E.     Responsibilities. All oversight of the Antidrug and Alcohol Misuse Prevention guidance, inspections, and enforcement activity will be conducted exclusively by the Drug Abatement Division (AAM‑800), Office of Aerospace Medicine. Any and all enforcement actions to be taken for violations of part 121, appendices I and J, and other sections of 14 CFR related to drug and alcohol testing by the aviation industry is the sole responsibility of the Drug Abatement Division. Any indication of possible regulatory violations of these provisions must be referred to the Drug Abatement Division. All questions regarding the Antidrug and Alcohol Misuse Prevention Program must be directed to the Drug Abatement Division.

F.      Part 145 Repair Stations. New and existing part 145 certificate holders may obtain an OpSpec A449 if they opt to have drug and alcohol programs because they perform safety‑intensive functions for an air carrier. Only one OpSpec is required for both the drug and alcohol programs.

1)      OpSpec A449 serves as a verification to the operators (parts 121, 135, 91, and 136) that the repair station performing the maintenance is under an antidrug and alcohol misuse prevention program.
2)      Those certificate holders who operate under § 135.1(a)(5) or 135.1(c)(1) or (2) who do not hold a part 119 certificate and who operate under the provisions of § 91.147 are permitted to use a person who is otherwise authorized to perform aircraft maintenance or preventative maintenance duties and who is not subject to antidrug and alcohol misuse prevention program to perform the following:

·        Aircraft maintenance or preventative maintenance on the operator’s aircraft if the operator would otherwise be required to transport the aircraft more than 50 NM further than the repair point closest to the operator’s principal place of operation to obtain these services, or

·        Emergency repairs on the operator’s aircraft if the aircraft cannot be safely operated to a location where an employee subject to FAA-approved programs can perform the repairs.

Note:   If the above circumstances do not exist, the repair station must adhere to the regulations found in § 91.147 and part 136.

3)      Since 1988, part 121 appendices I and J have required specified aviation employers to implement drug and alcohol testing programs. Originally, a part 145 repair station submitted an antidrug and alcohol misuse prevention program to the Drug Abatement Division for approval. In 2004, the regulations were changed to allow part 145 repair stations to obtain OpSpec A449 to certify compliance with the regulations. Upon obtaining OpSpec A449, each part 145 repair station is required to implement its testing program under these regulations. The regulations require that each part 119 certificate holder, with the authority to operate under part 121 and/or 135, or sightseeing operation defined under § 91.147, ensure that any individual who performs safety-sensitive functions (directly or by contract) is subject to testing under the FAA’s drug and alcohol testing regulations.
a)      The operator may choose one of two ways to comply with the regulations:

·        Include individuals performing safety-sensitive functions from a part 145 repair station under the operator’s own drug and alcohol testing program, or

·        Ensure the part 145 repair stations including the individual performing safety-sensitive functions are under an FAA-mandated drug and alcohol testing program.

b)      When a part 145 repair station chooses to implement its own proprietary drug and alcohol testing program, it may choose one of two ways:

·        Obtain OpSpec paragraph A449 in its OpSpecs, or

·        Register a combined drug and alcohol testing program directly with the Drug Abatement Division. “Combined” means a repair station with multiple locations or certificates.

4)      As identified earlier, OpSpec A449 is applicable for part 121, 121/135, or 135 certificate holders, or LOA A049 for part 91 operators conducting sightseeing operations under § 91.147. OpSpec A449 is also applicable to certified part 145 repair station maintenance facilities that perform safety-sensitive functions for the above-identified operations and choose to implement their own FAA-mandated drug and alcohol testing program.
a)      Certificate holders, program managers, or operators are responsible for providing the information required by part 121, appendices I and J, to the PI for the issuance of OpSpec A449 as applicable. When any changes occur, certificate holders and operators are responsible for providing AFS with current information to update and amend OpSpec A449.
b)      The following questions and answers should help:

Table 3-6B, Operations Specification A449 Questions and Answers

Question

Answer

Explanation

Is a part 145 certificated repair station required to comply with FAA drug and alcohol regulations?

No

But a part 119 certificate holder, with the authority to operate under parts 121 and/or 135, or sightseeing operation defined under § 91.147, are prohibited from using any contractor or contract employee to perform safety-sensitive work, unless that individual is subject to testing under a domestic and or FAA drug and alcohol program.

 

 

 

Should I, as a principal maintenance inspector (PMI), ensure a part 145 certificate holder is in compliance with the drug and alcohol testing program regulations?

No

Refer any questions that you or a company might have about program compliance or implementation by a part 145 certificate holder to the Drug Abatement Division, (202) 267‑8442 or at drugabatement@faa.gov.

 

 

 

What oversight responsibility does the POI or PMI have regarding a certificate holder’s requirement to ensure that contractors who perform safety‑sensitive work are subject to the drug and alcohol testing program?

None

All Flight Standards inspectors’ primary responsibilities relating to the drug and alcohol testing regulations are to issue and make changes to an air carrier’s OpSpec A449 or to issue LOA A049 for § 91.147. For any questions, please contact a Drug Abatement manager at (202) 267‑8442 or drugabatement@faa.gov.

5)      When certificating a new part 145 repair station or when providing oversight of an existing part 145 repair station that provides safety-sensitive functions for parts 121, 121/135, and 135 certificate holders, or part 91 operators conducting sightseeing operations under § 91.147, the PI records or validates the location of the repair station’s antidrug and alcohol misuse prevention program records in OpSpec A449 as described below.
a)      Implementation of proprietary program. If the part 145 repair station certificate holder has elected to implement its own antidrug and alcohol misuse prevention program, record or validate where their antidrug and alcohol misuse prevention program records are maintained and available for inspection by FAA drug abatement compliance and enforcement inspectors by filling out OpSpec paragraph A449, as shown in Figure 3‑67A:

Figure 3-67A, Example A449 Table 1 for a Propriety Program

Location & Telephone of Antidrug and Alcohol Misuse Prevention Program Records:

 

 

Telephone Number:

A1 (202) 575-8732

Address:

699 Strander Dr.

Address:

N/A

City:

Tukwila

State:

WA

Zip code:

98899

EXAMPLE: RS101 is a repair station that provides safety-sensitive functions to a major airline operating in their area. RS101 chooses to implement their own drug and alcohol testing program to cover their safety-sensitive employees. RS101 contacts their PI and requests an OpSpec paragraph A449 be included in their OpSpecs.

b)      Registered proprietary program. If a part 145 repair station certificate holder has registered its antidrug and alcohol misuse prevention program directly with the Drug Abatement Division of the FAA, record or validate their antidrug and alcohol misuse prevention program records by filling out OpSpec paragraph A449 as shown in Figure 3‑67B:

Figure 3-67B, Example A449 Table 1 for a Registered Propriety Program

Location & Telephone of Antidrug and Alcohol Misuse Prevention Program Records:

 

 

Telephone Number:

A2

Address:

 

Address:

 

City:

 

State:

 

Zip code:

 

EXAMPLE: RS102 is a corporation or repair station. They have a central location in Kansas City, as well as several outlying repair stations in Denver, Atlanta, and Miami. RS102 chooses to implement their own drug and alcohol testing program, which will include all of their locations. RS102 contacts AAM‑800 to submit a contractor registration, which includes a listing of all the repair stations and locations their program will cover.

c)      Included in air carrier’s program. If the part 145 repair station certificate holder is included as part of the air carrier’s (parts 121, 135, or part 91, § 91.147) drug and alcohol testing program, record or validate their antidrug and alcohol misuse prevention program records by filling out OpSpec paragraph A449 as shown in Figure 3‑67C:

Figure 3-67C, Example A449 Table 1 for a Program Included in Air Carrier’s Program

Location & Telephone of Antidrug and Alcohol Misuse Prevention Program Records:

 

 

Telephone Number:

A3

Address:

 

Address:

 

City:

 

State:

 

Zip code:

 

EXAMPLE: An air carrier operating under part 121 also maintains a part 145 repair station (RS103). RS103 works solely for that air carrier. The air carrier chooses to implement its drug and alcohol testing program for the part 121 and includes its RS103 employees. RS103 does not implement its own testing program. If RS103 chooses to contract out to a third-party air carrier, the third‑party air carrier is required to ensure that the employees working for RS103 are subject to an FAA-mandated drug and alcohol testing program. To do this, the third-party air carrier must obtain this verification with the part 121 air carrier that includes the RS103 employees under its testing program.

Note:   It is the Drug Abatement Division’s responsibility to ensure that the third‑party air carrier has obtained assurance from the part 121 air carrier that the RS103 employees performing safety-sensitive functions are subject to testing.

OPSPEC A501, LIABILITY INSURANCE SUSPENSION FOR SEASONAL OPERATIONS.

A.     Liability Insurance Does Not Apply to Certificate Holders With Operating Certificates. Liability insurance coverage and the associated Department of Transportation (DOT) forms (Office of the Secretary of Transportation (OST) Form 6410, U.S. Air Carrier Certificate of Insurance) are an inclusive part of the economic authority required for parts 121 and 135 air carrier certificate holders. This is not applicable to those with operating certificates. 14 CFR part 205, § 205.4(b) states, in part, that “Aircraft shall not be listed in the carrier’s operations specifications with the FAA and shall not be operated unless liability insurance coverage is in force.”

B.     Suspending Liability Insurance for Seasonal Operations. Title 14 CFR part 119, § 119.61(b)(4) provides for the issuance of OpSpec A501, Liability Insurance Suspension for Seasonal Operations, which effectively suspends the air carrier certificate holder’s OpSpecs and requirement for liability insurance for the period of time established in Table 1 of OpSpec A051. The operator cannot use the aircraft during that period of time to conduct operations in air transportation. The POI and the PMI must coordinate this effort.

C.     Circumstances Under Which to Issue OpSpec A501. OpSpec A501 may be issued in order to comply with the requirements of § 119.61, § 205.4(b) and, if the air carrier certificate holder:

·        Does not want to surrender its certificate during nonoperational periods,

·        Requests the issuance of OpSpec A501 in writing, specifying the date it chooses to cease operations and the date it will resume operations,

·        Wants to cancel the liability insurance on all of its aircraft for a period of 60 days or more during the specific period of non‑use, and

·        Completely ceases operations for a period of 60 days or more during the specific period of non‑use.

D.    No Status Change to VIS or OPSS. The status of the air carrier certificate holder’s certificate remains active even though the OpSpecs are in the “suspension” status. Make no status changes to the Vital Information Subsystem (VIS) or the OPSS.

E.     Opting to Not Carry Liability Insurance. If the air carrier certificate holder does not want to cease all operations but wants only to reduce the number of aircraft operated for a period of time and not carry the liability insurance for those aircraft, it has two options:

1)      Remove those aircraft completely from its OpSpecs, or
2)      Place those aircraft into long term maintenance or long term storage and issue OpSpec D106, Aircraft in Long Term Maintenance or Storage (reference Volume 3, Chapter 18, Section 6, Parts D and E—Maintenance MSpecs/OpSpecs.

F.      Notification of Suspension of Insurance. The air carrier certificate holder or its insurance company will send notification of the suspension of liability insurance to the appropriate FAA or DOT office as required by part 205, § 205.7(a). (The FAA will record the notification and the red alert clause, “Insurance in a Non‑Compliant State,” will appear at the top of the “Maintain Operations Specifications” window in the OPSS for that certificate holder.) (Use the “Review Insurance Info” selection in the OPSS to view the details of the noncompliance.)

G.    Separate Uses for OpSpecs A501 and D106. At no time will OpSpecs A501 and D106 be active at the same time. These paragraphs are developed as separate provisions for specific needs. (See Volume 3, Chapter 18, Section 6 for guidance on OpSpec D106.)

H.    Start Up Procedures and Rescinding OpSpec A501.

1)      Before the “Re‑Start of Operation” date listed in Table 1 of OpSpec A501, the air carrier must reinstate the required liability insurance. OST Form 6410 must be filed with the appropriate FAA or OST office at least 5 days prior to the “Re‑Start of Operation” date listed in Table 1 of the OpSpec.
2)      PIs should verify with AFS‑260 (for air taxi operators), AAL‑230 (for Alaskan air carriers), and OST‑X‑56 (for DOT certificated and commuter carriers) that the air carrier has filed evidence of liability insurance coverage as required by 14 CFR part 205 and that it otherwise continues to hold the necessary economic authority to resume operations.
3)      See Volume 6, Chapter 2, Section 38, Evaluate a Part 121/135.411(a)(2) Operator Aircraft Storage Program, paragraph 6‑1048, OpSpec D106, Aircraft in Long Term Maintenance or Storage for additional guidance in regard to liability insurance.
4)      OpSpec A501 must be rescinded and archived in the OPSS. Again, make no changes to the VIS or the OPSS for the certificate status. When the required liability insurance documentation is received by AFS‑260, the red alert clause will be removed for that certificate holder. See Volume 3, Chapter 18, Section 2, Automated Operations Safety System (OPSS), paragraph 3‑718, OPSS Liability Insurance Subsystem, for information regarding the alert clause.
5)      The principal inspector must review the recency requirements of § 119.63 for the air carrier certificate holder and reexamine as necessary prior to the start of the seasonal operations.

OPSPEC A502, AIR CARRIER MERGER AND/OR ACQUISITION.

A.     General. OpSpec A502 is provided to specifically address conditions that must be met by the operator during the transition process. Fields are provided to outline specific conditions that must be met by the operator in order to continue operations during the transition period. These fields are (1) General, (2) Operations, and (3) Airworthiness.

B.     Description of Fields. After the transition team reaches consensus on the transition plan, primary conditions provided in the plan should be entered in the appropriate field by the PI responsible for that area.

1)      General. Principal inspectors (PI) of either specialty may use the General field to identify conditions that do not belong specifically to operations or airworthiness. Examples include station personnel training, flight numbering, and administrative department functions (such as reservations and sales).
2)      Operations. The Operations field is provided to identify specific operational conditions. There are three areas that should be addressed in the Operations field. They are Operational Control, Training and Qualification, and Other.
a)      Operational Control. Operational control fields identify which air carrier will assume operational control responsibility over the combined operation and the date that transfer is planned to take place. If the change over is to be phased in over a period of time, such as by fleet, enter appropriate milestones here. Milestones listed in this field must correlate with the same milestones in the transition plan.
b)      Training and Qualification. Training and qualification fields identify planned dates crewmember training and qualification will be completed. If two or more fleets will be phased in over different time periods, enter the fleet types and their associated training and qualification date milestones in the free text fields provided. Include training plans for dispatchers and flight followers here, as well. Milestones listed in this field must correlate with the same milestones in the transition plan.
c)      Other. This field is provided for other operations milestones not addressed in Operational Control or Training and Qualification. Examples include manual revisions, computer system support, and record keeping.
3)      Airworthiness. The Airworthiness field is provided to identify specific conditions that apply to airworthiness. List maintenance program manual milestones in this field. Identify training and qualification of mechanics and inspectors here, as well. Major milestones outlining the transition of maintenance responsibilities and record keeping are appropriate for this field.

OPSPEC A570, ONE YEAR EXTENSION OF COMPLIANCE TIMES IN SECTIONS 121.1117(E) AND 129.117.

A.     Applicability.

1)      Except as provided in paragraph C below, OpSpec A570 can only be issued to part 121 certificate holders or part 129 foreign air carriers/foreign persons with U.S.‑registered airplanes who notified their PI or CHDO of their intention to use the relief specified in §§ 121.1117(k) or 129.117(k) before March 29, 2009 and who then applied for OpSpec A570 before June 24, 2009. OpSpec A570 is time-limited and will expire on December 26, 2018.
2)      OpSpec A570 applies to transport category turbine-powered airplanes with a TC issued after January 1, 1958, that, as a result of original type certification or later increase in capacity have a maximum TC’ed passenger capacity of 30 or more, or a maximum payload capacity of 7,500 pounds or more. This authorization does not apply to the airplanes listed in §§ 121.1117(m) and 129.117(k). Specifically, it applies to the airplanes listed in Table 3‑23A.

Table 3-23A, Airplanes Which Require Ground Air Conditioning Systems

Boeing

Airbus

737 series

A318, A319, A320, A321 series

747 series

A300, A310 series

757 series

A330, A340 series

767 series

 

777 series

 

3)      OpSpec A570 is used to extend the compliance dates in §§ 121.1117(e) and 129.117(e) by one year. In order to be eligible for the extension, a certificate holder or foreign air carrier/ person must have notified their PI or CHDO before March 29, 2009, of its intention to use ground air conditioning systems on its applicable airplanes in accordance with §§ 121.1117(k)(2) and (3) and 129.117(k)(2) and (3), and the certificate holder or foreign air carrier/person must have applied for OpSpec A570 by June 24, 2009. With the issuance of this OpSpec, the compliance date specified in §§ 121.1117(e)(1) and 129.117(e)(1) is extended to December 26, 2015 and the final compliance date is extended to December 26, 2018.

B.     Issuing OpSpec A570. OpSpec A570 is the joint responsibility of the POI and the PMI. Before issuing OpSpec A570. The office manager of all affected CHDOs, CMOs, IFOs, and IFUs should bring this guidance to the attention of the principal inspectors of any operator who has applied for this OpSpec and ensure that it is properly issued.

1)      The PMI must ensure that the certificate holder’s manual required by § 121.133 (for part 121) or maintenance program (for part 129) includes a listing, by N‑registration number and fleet type, of those airplanes in the certificate holder’s fleet that ground conditioned air systems applies to. That listing should be identical to the operator’s Flammability Reduction Means (FRM)/Ignition Mitigation Means (IMM) retrofit listing that is provided to the CHDO. As airplanes are retrofitted they should be removed from the list.
2)      The POI must ensure that the certificate holder’s manual required by § 121.133 (for part 121) or equivalent manual for part 129 includes a requirement for the airplanes in this listing to use ground air conditioning systems for actual gate times of more than 30 minutes, when available at the gate and operational, whenever the ambient temperature exceeds 60 degrees Fahrenheit.
3)      The office manager will determine which principal inspector will sign OpSpec A570 and ensure that it is issued.

C.     Certificate Holders Certificated After December 26, 2008. A certificate holder or foreign air carrier/person for which an operating certificate is issued after December 26, 2008, and that has notified their PI or CHDO of its intention to use ground air conditioning systems on its applicable airplanes (see Table 3‑23A above), the compliance date specified in § 121.1117(e) may be extended by one year, provided that the certificate holder meets the requirements of §§ 121.1117(k)(2) or 129.117(k)(2) when its initial OpSpecs are issued and, thereafter, uses ground air conditioning systems as described in § 129.117(k)(2) on each airplane subject to the extension. OpSpec A570 must be approved by the PMI, using the guidance above, concurrent with the initial OpSpecs.

TEMPLATE A999, AIR OPERATOR CERTIFICATE (AOC) IN THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) FORMAT.

A.     Annex 6 Requirements. Annex 6 to the Chicago Convention requires air operators to carry onboard their aircraft a standardized, certified true copy of their AOCs when operating internationally. See the following ICAO Web site for more information: http://www.icao.int/ fsix/_Library/Annex%206‑Part%20I%20‑%20AOC%20Template%20en.pdf. Template A999 is applicable to part 121 and 135 air carriers.

B.     Federal Aviation Administration (FAA) Role. To enable certificate holders to fulfill this ICAO requirement, the FAA made an ICAO standardized AOC available as Template A999 in the Web‑based automated Operations Safety System (WebOPSS). (See Figure 2‑9A in Volume 2, Chapter 1, Section 4 for a sample of Template A999.) Much of the data contained in the AOC will be preloaded from WebOPSS. The principal operations inspector (POI) or the certificate holder must enter some of the data. This standardized ICAO AOC is in addition to the FAA Operating Certificate or Air Carrier Certificate. For compliance with Annex 6, certificate holders must carry this ICAO AOC onboard their aircraft when operating internationally.

C.     Specific Guidance for Issuing Template A999. For specific guidance on issuing Template A999, see Volume 2, Chapter 1, Section 4, Preparation of Federal Aviation Administration Operating Certificates, paragraph 2‑74.

RESERVED. Paragraphs 3‑738 through 3‑751.


6/18/10                                                                                                                       8900.1 CHG 96

Volume 3 GENERAL TECHNICAL ADMINISTRATION

chapter 18  OPERATIONS SPECIFICATIONS

Section 6  Parts D and E—Maintenance MSpecs/OpSpecs

3-921           MANAGEMENT SPECIFICATION (MSPEC)/OPERATIONS SPECIFICATION (OPSPEC) GUIDANCE.

OPSPEC/MSPEC/LOA D070, INTEGRATION OF AIRCRAFT FUEL TANK MAINTENANCE AND INSPECTION INSTRUCTIONS INTO A CONTINUOUS AIRWORTHINESS MAINTENANCE PROGRAM (CAMP)/AIRCRAFT INSPECTION PROGRAM (AIP).

A.     OpSpec/MSpec/Letter of Authorization (LOA) D070. This is issued to certificate holders and operators who are required by Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.1507, part 121, § 121.1113, part 125, § 125.507, and part 129, § 129.111, to incorporate Federal Aviation Administration (FAA) Oversight Office-approved fuel tank system inspections, procedures and limitations into its maintenance or inspection program. For further guidance, see Volume 6, Chapter 11.

B.     OpSpec D070. This OpSpec is required to be issued by December 16, 2008, for certificate holders/operators/program managers who must incorporate FAA Oversight Office- approved type certificate (TC) and Supplemental Type Certificate (STC) holder fuel tank system instructions for continued airworthiness (ICA) into their Continuous Airworthiness Maintenance Program (CAMP).

1)      Table 1 is to be used by the certificate holder/operator/program manager when he/she chooses to incorporate the manufacturer’s baseline ICAs without change. This table must contain the appropriate operator data.

·        Make, model, and series of airplane;

·        The ICA document/manual that contains all the FAA Oversight Office-approved ICA. This document/manual can be the TC holder’s or one developed by the certificate holder that is acceptable to the principal inspector (PI);

·        The revision number of the document/manual; and

·        The date of the latest revision to the document/manual.

2)      Table 2 is to be used by the certificate/operator/program manager holder when he/she chooses to deviate from the manufacturer’s baseline ICAs. The operator’s proposed ICA deviations must have been FAA Oversight Office-approved before incorporation. If this table is used it must contain the appropriate certificate holder data. If the table is not used enter “N/A” in each of the columns of Table 2.

·        Make, model, and series of airplane;

·        The ICA identifier denoting a fuel tank system item. The ICA will be identified in the TC holder’s maintenance documentation as a fuel tank system ICA;

·        The ICA task and interval (e.g., the task is a visual inspection at a 12‑year/36,000‑hour interval); and

·        The date that the alternative method of compliance (AMOC) was approved by the FAA Oversight Office.

3)      Table 3 is to be used by the certificate holder/operator/program manager when he/she chooses to incorporate the STC holder’s baseline ICAs without change. The ICAs must be FAA Oversight Office-approved. If this table is used it must contain the appropriate operator data. If the table is not used enter “N/A” in each of the columns of Table 3.

·        Make, model, and series of airplane;

·        The STC number;

·        The STC revision number; and

·        The STC revision date.

4)      Table 4 is used by the certificate holder/operator/program manager to make a change to a STC holder’s fuel tank system baseline ICA. The ICAs must be FAA Oversight Office-approved as a change to the STC holder’s fuel tank system baseline ICA. If this table is used it must contain the appropriate operator data. If the table is not used enter “N/A” in each of the columns of Table 4.

·        Make, model, and series of airplane;

·        The STC number;

·        The STC ICA task and interval (e.g., the task is a visual inspection at a 12 year/36,000 hour interval); and

·        The AMOC approval date of the change.

5)      Table 5 is used by the certificate holder/operator/program manager for airplanes on which a field‑approved auxiliary fuel tank has been installed. The ICAs must be FAA Oversight Office-approved. If no auxiliary fuel tank is installed enter “N/A” in each of the columns of Table 5. If the table is used it must contain the appropriate operator data.

·        Make, model, and series of airplane;

·        The airplane registration since the field approved fuel tank may only be installed on certain airplanes in the operator’s fleet;

·        The name of the auxiliary fuel tank Original Equipment Manufacturer (OEM);

·        The ICA document/manual containing the approved ICAs; and

·        The ICA document approval date.

For operators who have a part 121/135 split certificates there is a separate template in the automated Operations Safety System (OPSS) database. The Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/FTS) rule does not contain a 14 CFR part 135 FTS requirement.

MSPEC/OPSPEC D072, AIRCRAFT MAINTENANCE—CONTINUOUS AIRWORTHINESS MAINTENANCE PROGRAM (CAMP) AUTHORIZATION.

A.     MSpec/OpSpec D072. This is issued to operators subject to a CAMP under part 121, part 91, § 91.1109, and part 135, § 135.411(a)(2). This MSpec/OpSpec contains the conditions that must be met for a certificate holder to operate its aircraft and lists the reference documents that contain the details of the operator’s program.

B.     Certificate Holder/Program Manager. The certificate holder/program manager is authorized to conduct operations using identified aircraft maintained in accordance with the CAMP and limitations specified in these MSpec/OpSpecs.

C.     Part 125 Operator. A part 125 operator may use a continuous inspection program that is part of a current CAMP approved for use under part 121 or 135.

MSPEC/OPSPEC D073, APPROVED AIRCRAFT INSPECTION PROGRAM (AAIP).

D.    MSpec/OpSpec D073. This MSpec/OpSpec identifies aircraft subject to § 91.1109, part 125, § 125.247(a)(3), and part 135, § 135.419.

E.     OpSpec Issuance. Each aircraft subject to the requirements of part 135, § 135.421 (Additional Maintenance Requirements) identified in this OpSpec, will be issued the appropriate OpSpec paragraph(s) 101 through 104. This OpSpec may be issued for turbine powered aircraft type certificated for nine passenger seats or less or having a STC limiting the seating configuration to nine seats or less.

OPSPEC D074, RELIABILITY PROGRAM AUTHORIZATION—ENTIRE AIRCRAFT. OpSpec D074 is authorized for operators subject to a CAMP under part 121 and § 135.411(a)(2). This OpSpec authorizes the use of a maintenance reliability program that contains standards for determining maintenance intervals and processes. This program controls the inspection, check, overhaul or restoration times for the entire aircraft and is the sole control as far as OpSpecs are concerned. Each make/model/series of aircraft controlled by reliability and its approved reliability document shall be identified on this OpSpec. Guidance for approving a reliability program is found in Order 8900.1, Volume 3, Chapter 40.

OPSPEC D075, RELIABILITY PROGRAM AUTHORIZATION—AIRFRAME, POWERPLANT, SYSTEMS OR SELECTED ITEMS. OpSpec D075 is authorized for operators subject to a CAMP under part 121 and § 135.411(a)(2). This OpSpec authorizes the use of a maintenance reliability program containing the standards for determining maintenance intervals and processes. The program controls the inspection, check, overhaul, or restoration time for airframe, powerplant, systems, or individually selected items within a system (hydraulic system, pumps, valves, actuators, etc.) and must be identified on the OpSpecs.

A.     Maintenance Time Limitations Section. Airframe, powerplant, systems, or items controlled by reliability will be identified in the Maintenance Time Limitations Section by an asterisk or other identifier, and a note.

B.     Referenced Document. If preferred, a certificate holder may reference in its Maintenance Time Limitations Section a document approved by the Administrator. The referenced document will contain at least that information required by the Maintenance Time Limitations Section.

C.     Program Approval. Guidance for approving this program is found in Order 8900.1, Volume 3, Chapters 40 and 43.

Components not subject to the certificate holder’s partial reliability program must be controlled by a time limitations manual or document. This manual or document must be listed in Table 1 of OpSpec D088.

MSPEC/OPSPEC D076, SHORT TERM ESCALATION AUTHORIZATION.

A.     MSpec/OpSpec D076. This is authorized for operators subject to a CAMP under part 121, § 91.1109, and § 135.411(a)(2). MSpec/OpSpec D076 authorizes a certificate holder/program manager to use short term escalation procedures with aircraft, powerplant, systems, or selected items without pre approval by the principal inspector.

B.     Short Term Escalations. Certificate holders who have short term escalation procedures incorporated into their reliability program (OpSpec D074) or partial reliability program (OpSpec D075) do not need MSpec/OpSpec D076 authorization for items covered in those programs. Items not subject to a partial reliability program must have MSpec/OpSpec D076 authorization to use short term escalations.

See Order 8900.1, Volume 3, Chapter 37.

OPSPEC D077, MAINTENANCE CONTRACTUAL ARRANGEMENT AUTHORIZATION—FOR AN ENTIRE AIRCRAFT. OpSpec D077 is authorized for operators subject to a CAMP under part 121 and § 135.411(a)(2). This OpSpec authorizes a certificate holder to use a part 121 or § 135.411(a)(2) certificate holder’s approved maintenance program for maintenance of its entire aircraft. If applicable, this includes participation in the contractor’s reliability program. See Order 8900.1, Volume 3, Chapter 40 and 42.

OPSPEC D078, MAINTENANCE CONTRACTUAL ARRANGEMENT AUTHORIZATION—FOR SPECIFIC MAINTENANCE. OpSpec D078 is authorized for operators subject to a CAMP under part 121 and § 135.411(a)(2). This OpSpec authorizes a certificate holder to use another part 121 or § 135.411(a)(2) or certificate holder’s approved maintenance program for specific maintenance functions. This OpSpec identifies the functions to be performed by the contractor on the certificate holder(s) aircraft listed in the table. This OpSpec may be used for one or more contracts, aircraft/engine makes and models, or components. See Order 8900.1, Volume 3, Chapter 42.

OPSPEC D079, RELIABILITY PROGRAM CONTRACTUAL ARRANGEMENT AUTHORIZATION. This OpSpec authorizes operators subject to a CAMP under part 121 and § 135.411(a)(2) to participate in another part 121 or § 135.411(a)(2) (contractor’s) FAA‑approved reliability program for its aircraft, powerplant, systems, or selected components. See Order 8900.1, Volume 3, Chapter 41.

Operators authorized OpSpec D079 will be automatically issued OpSpec D088.

OPSPEC D080, LEASED AIRCRAFT MAINTENANCE PROGRAM AUTHORIZATIONS—U.S.-REGISTERED AIRCRAFT. This OpSpec authorizes operators subject to a CAMP under part 121 and § 135.411(a)(2) to use a lessor’s approved maintenance program for the leased aircraft. This OpSpec applies only to leases of aircraft intended to return to the lessor at a time specified in the lease.

OPSPEC D081, PARTS POOL AGREEMENT AUTHORIZATION. This OpSpec authorizes a part 121 certificate holder operating outside the United States under the provisions of part 121, § 121.361(b) to enter into a parts pooling agreement with foreign air carriers or agencies whose employees do not hold U.S. airman certificates. See Order 8900.1, Volume 3, Chapter 39.

OPSPEC D082, PRORATED TIME AUTHORIZATION. This OpSpec authorizes operators subject to a CAMP under part 121 and § 135.411(a)(2) to use aircraft for which inspection and overhaul times have been established using the prorating process.

OPSPEC D083, SHORT TERM ESCALATION FOR BORROWED PARTS SUBJECT TO OVERHAUL REQUIREMENTS. This OpSpec authorizes operators subject to a CAMP under part 121 and § 135.411(a)(2) relief from approved overhaul time limits when borrowing parts from another certificate holder.

MSPEC/OPSPEC D084, SPECIAL FLIGHT PERMIT WITH CONTINUOUS AUTHORIZATION TO CONDUCT FERRY FLIGHTS. This OpSpec authorizes operators subject to a CAMP under part 121, § 91.1109, and § 135.411(a)(2) to issue a special flight permit with continuing authorization to conduct ferry flights. This permit can only be issued under the guidelines as set forth in 14 CFR part 21, § 21.197(c).

MSPEC/OPSPEC D085, AIRCRAFT LISTING. Certificate holders conducting operations as domestic, flag, supplemental, commuter, and on demand under 14 CFR who are required to maintain liability insurance coverage under Title 49 of the United States Code (49 U.S.C.) section 41112 and its implementing regulation, and 14 CFR part 205, § 205.4(b) will list all aircraft in these MSpec/OpSpecs. Program managers are required to list all aircraft. The aircraft must be listed in MSpec D085.

A.     Liability Insurance Coverage. Section 205.4(b) states, in part, that “Aircraft shall not be listed in the carrier’s operations specifications with the FAA and shall not be operated unless liability insurance coverage is in force.” All air carrier certificate holders are required to have continuous, effective liability insurance coverage and in effect to ensure that the public is protected in the event of an accident. Effective liability insurance coverage is a condition for them to hold Office of the Secretary of Transportation (OST) economic authority.

B.     Non-Use Suspension. For air carrier certificate holders that request to hold the liability insurance coverage in suspension on aircraft for specific periods of non use, Liability Insurance Suspension for Seasonal Operations (OpSpec paragraph A501) and Aircraft in Long Term Maintenance or Storage (OpSpec paragraph D106).

C.     Certificate Holders Operating Aircraft under Part 125. These certificate holders are not required to maintain liability insurance although they are required to list authorized airplanes by type and registration number on their OpSpecs, per part 125, § 125.31(b)(2).

D.    Aircraft Not in Revenue Service. The aircraft listing may also contain the certificate holder’s aircraft that are not in revenue service. This includes, but is not limited to, aircraft that are undergoing heavy maintenance, in storage, awaiting parts, newly purchased, or in STC maintenance. However, the certificate holder must have procedures specifying how these aircraft are handled. This applies to parts 121, 125, and 135 certificate holders regardless of the “kind of operations” conducted.

E.     Aircraft Used under an Interchange Agreement. Any aircraft used under an interchange agreement must be identified with an asterisk (*) or other identifier, with a note to reference OpSpec A029.

OPSPEC D086, MAINTENANCE PROGRAM AUTHORIZATION FOR TWO ENGINE AIRPLANES USED IN EXTENDED RANGE OPERATION. This OpSpec authorizes operators subject to a CAMP under part 121 to use certain approved aircraft in extended range operations. Airworthiness aviation safety inspectors (ASI) must be familiar with OpSpec B042 and shall coordinate with the principal operations instructor before approving OpSpec D086. See Order 8900.1, Volume 4, Chapter 6.

OPSPEC D087, MAINTENANCE PROGRAM AUTHORIZATION FOR LEASED FOREIGN REGISTERED AIRCRAFT OPERATED BY U.S. AIR CARRIERS. This OpSpec authorizes operators subject to a CAMP under part 121 and § 135.411(a)(2) to maintain leased, foreign registered aircraft by adopting the foreign air carrier’s maintenance program.

If a PI approves a revision to an adopted foreign maintenance program, that approval must be done on an individual basis by amending this OpSpec.

Any aircraft make, model, and series listed on this OpSpec must also be listed in OpSpec D072.

OPSPEC D088, MAINTENANCE TIME LIMITATIONS AUTHORIZATION. This OpSpec authorizes operators subject to a CAMP under part 121 and § 135.411(a)(2) requiring a maintenance time limitations manual to use a separate approved document or approved section in the certificate holder’s manual. This OpSpec is issued to approve the time limitations of each maintenance task not covered under the partial reliability program. See Order 8900.1, Volume 3, Chapter 40 and 43 for further information.

This OpSpec must be issued in conjunction with OpSpec D075.

MSPEC/OPSPEC D089, MAINTENANCE TIME LIMITATIONS SECTION.

A.     Operators Subject to a CAMP. This OpSpec authorizes operators subject to a CAMP under part 121, § 91.1109, and § 135.411(a)(2) requiring a maintenance time limitations manual to use a separate approved document or approved section in the certificate holder/program manager’s manual. See Order 8900.1, Volume 3, Chapter 43.

B.     Referenced Document(s). The referenced documents must be approved by the Administrator and must have procedures for affecting revisions and revision control acceptable to the Airworthiness PI.

This OpSpec is to be issued only if the operator is not issued OpSpec D074 or D075.

OPSPEC D090, COORDINATING AGENCIES FOR SUPPLIERS EVALUATION (C.A.S.E.). This OpSpec authorizes operators subject to a CAMP under part 121 and § 135.411(a)(2) to become a member of the C.A.S.E. program.

OPSPEC D091, REQUIREMENTS. This OpSpec is issued to all certificate holders conducting operations under part 121. Review the certificate holder’s manual to determine that the air carrier has a process to qualify and manage each of its maintenance providers.

OpSpec D091 is not to be issued to a certificate holder conducting operations solely under part 135.

MSPEC/OPSPEC D092, MAINTENANCE PROGRAM AUTHORIZATION FOR AIRPLANES USED FOR OPERATIONS IN DESIGNATED REDUCED VERTICAL SEPARATION MINIMUM (RVSM) AIRSPACE. This MSpec/OpSpec authorizes operators under parts 91, 121, 125, and 135 with an FAA-approved RVSM maintenance program to allow certain approved aircraft to operate in RVSM airspace.

OPSPEC D093, HELICOPTER NIGHT VISION GOGGLE OPERATIONS (HNVGO) MAINTENANCE PROGRAM. This OpSpec is issued to operators authorized to conduct HNVGO under the limitation and provisions of part 135 and OpSpec A050 using specific approved aircraft.

MSPEC/OPSPEC D095, MINIMUM EQUIPMENT LIST (MEL) AUTHORIZATION. This MSpec/OpSpec is issued to operators under 14 CFR parts 91 subpart K, 121, 125, and 135 authorized to use an approved MEL.

OPSPEC D097, REPAIR ASSESSMENT PROGRAM FOR PRESSURIZED FUSELAGES. This OpSpec is issued to operators subject to a CAMP under part 121 to ensure that a comprehensive assessment for damage tolerance be completed for fuselage pressure boundary repairs. The following aircraft are affected by this OpSpec: A300 (excluding 600 series), BAC1‑11, B‑707, B‑720, B‑727, B‑737, B‑747, DC‑8, DC‑9/MD‑80, DC‑10, L1011, F‑28. See FAA Order 8000.40, Maintenance of Pressure Cylinders in Use as Aircraft Equipment.

OPSPEC D100, WORK TO BE PERFORMED AT A PLACE OTHER THAN THE REPAIR STATION’S FIXED LOCATION. This paragraph is issued when a part 145 repair station has not been authorized to perform work on either a recurring basis or under special circumstances at a place other than its fixed locations as listed in OpSpec A101, if issued. The repair station can accomplish this by moving facilities, material, equipment, and technical personnel to perform specific maintenance functions.

If special circumstances require the repair station to work away for a short term, the repair station need only submit a request to the principal inspector (PI) for evaluation on a case-by-case basis. For emergency short term work, the repair station will incorporate a procedure into its manual. In this case, the repair station only needs to notify the PI in accordance with the procedure.

Special circumstances which require the repair station to work away for either an extended period of time or on a recurring basis require issuance of OpSpec D100.

A.     Repair Station Manual (RSM). The RSM must set forth procedures that govern how the repair station will perform work on a recurring basis at a place other than the repair station. OpSpec D100 must list the work authorized and the RSM reference.

B.     Continuous Operations. Issuance of OpSpec D100 does not authorize continuous operations at a fixed location away from the repair station.

MSPEC/OPSPEC D101, ADDITIONAL MAINTENANCE REQUIREMENTS—AIRCRAFT ENGINE, PROPELLER, AND PROPELLER CONTROL (GOVERNOR). This OpSpec applies to all certificate holders and program managers maintaining aircraft under § 135.411(a)(1) and § 91.1109. This includes aircraft subject to an AAIP under § 135.419. See Order 8900.1, Volume 3, Chapter 38 or Volume 2, Chapter 4.

MSPEC/OPSPEC D102, ADDITIONAL MAINTENANCE REQUIREMENTS—ROTORCRAFT. This MSpec/OpSpec applies to all certificate holder/program managers maintaining aircraft under § 135.411(a)(1) and § 91.1109. This includes aircraft subject to an AAIP under § 135.419. See Order 8900.1, Volume 3, Chapter 38 or Volume 2, Chapter 4.

OPSPEC D103, ADDITIONAL MAINTENANCE REQUIREMENTS—SINGLE ENGINE IFR. This OpSpec applies to all certificate holders maintaining aircraft under § 135.411(a)(1). This includes aircraft subject to an AAIP under § 135.419. See Order 8900.1, Volume 3, Chapter 38 or Volume 2, Chapter 4.

MSPEC/OPSPEC D104, ADDITIONAL MAINTENANCE REQUIREMENTS—EMERGENCY EQUIPMENT. This MSpec/OpSpec applies to all certificate holder/program managers maintaining aircraft under § 135.411(a)(1). This includes aircraft subject to an AAIP under § 135.419. See Order 8900.1, Volume 3, Chapter 38 or Volume 2, Chapter 4.

OPSPEC D105, AIR CARRIER EMERGENCY EVACUATION SYSTEMS (EES) MAINTENANCE PROGRAM REQUIREMENTS. This OpSpec applies to all certificate holders maintaining aircraft under a CAMP in accordance with part 121. OpSpec D105 contains the EES conditions that must be met on a continuing basis.

OPSPEC D106, AIRCRAFT IN LONG TERM MAINTENANCE OR STORAGE. This OpSpec applies to all certificate holders maintaining aircraft in accordance with part 121 or 135 who request to hold the liability insurance coverage (required by their economic authority) in suspension on aircraft for specific periods of non use, such as long term maintenance or long term storage. See (OpSpec paragraph A501) and Aircraft in Long Term Maintenance or Storage (OpSpec paragraph D106).

OPSPEC D107, LINE MAINTENANCE AUTHORIZATION. This paragraph permits a part 145 certificate holder to perform line maintenance for certificate holders that conduct operations under parts 121 and 135, and for foreign air carriers or foreign persons operating a U.S.‑registered aircraft operating under part 129.

OpSpec D107 will only be issued when the repair station is performing line maintenance at an airport other than the airport at which their fixed base of operations is located or if the repair station is limited to “line maintenance only” in OpSpec A003.

A.     Required Rating. The part 145 certificate holder must be appropriately rated to perform the maintenance. At a minimum, the repair station must have a limited airframe or airframe class rating to perform inspections and minor maintenance associated with a line maintenance authorization.

B.     Limited Airframe Rating. A repair station with a limited airframe rating must state in the “Limitations” cell of OpSpec A003 “(limited to line maintenance only).” The actual limitations will be listed in OpSpec D107. Regardless of the type of airframe rating of the repair station, OpSpec A003 must be issued to perform line maintenance. The certificate holder must also have the facilities, equipment, trained personnel, and technical data to perform such line maintenance.

C.     OpSpec D107 Table 1. Table 1 of OpSpec D107 lists the locations where the repair station may perform line maintenance. The table consists of six sections:

1)      Section 1 identifies the name of the air carrier.
2)      Section 2 identifies the air carrier four‑letter designator.
3)      Section 3 identifies the aircraft make/model.
4)      Section 4 identifies the International Civil Aviation Organization (ICAO) airport identifier and the name of the airport.
5)      Section 5 identifies the physical address where line maintenance is being performed, listing:

·        Street,

·        City,

·        State, and

·        Zip code.

6)      Section 6 identifies any line maintenance limitations.

D.    Performing Operations. Once line maintenance is authorized, the repair station can perform operations on a continuous basis.

Before granting OpSpec D107 authorization, the certificate holder must obtain from the air carrier a maintenance contractual arrangement authorization to perform the specified maintenance.

Once OpSpec D107 is granted, the repair station must list the maintenance functions on the OpSpec (e.g., unscheduled maintenance, overnight checks).

Once OpSpec D107 has been issued, OpSpec D100 cannot be issued.

OPSPEC D491, THE AIR CARRIER QUARTERLY UTILIZATION REPORT (QUR) (121 ONLY). This OpSpec is a Data Collection Tool (DCT) that provides a means of preparing, reviewing, and evaluating the approved vendors that consist of SMPs and other OMPs, certificated and noncertificated, and for submitted QURs.

A.     Continuation of the Aircraft Maintenance Program. The aircraft will remain on OpSpecs A003 and D085 during the time it is on OpSpec D106. This ensures the continuation of the aircraft maintenance program.

B.     Conducting Operations in Air Transportation. The aircraft cannot be used to conduct operations in air transportation during the time it is listed in OpSpec D106.

C.     Separate Provisions. At no time will OpSpecs A501 and D106 be active at the same time. These OpSpecs are developed as separate provisions for specific needs.

OPSPEC E096, WEIGHT AND BALANCE CONTROL PROCEDURES. This OpSpec authorizes certificate holders operating aircraft under parts 121, 125, or 135 to use one of two aircraft weight and balance control programs:

D.    Individual Aircraft Weights. The certificate holder is authorized under part 121, § 121.135, part 125, § 125.91(b), and part 135, § 135.185(a) to use individual aircraft weights outlined in the operator’s empty weight and balance program.

E.     Average Fleet Aircraft Weights. The certificate holder is authorized under part 121, § 121.153(b) or part 135, § 135.185(b)(2) to use average fleet aircraft weights outlined in the operator’s weight and balance control program.

This OpSpec does not authorize the use of average fleet aircraft weights for a part 135 reciprocating powered aircraft of nine or less passenger seats. For further information see and E096; and AC 120‑27, Aircraft Weight and Balance Control.

F.      Procedures.

G.    Conduct Meeting with Operator/Applicant.

1)      New Applicant. When an applicant applies for a new certificate, the certification project manager should conduct a meeting with the applicant along with all involved PIs to acquire information for the following:

·        Air Oper Vital Information Subsystem (VIS), and

·        Job Task Analysis (JTA).

The guidance subsystem contained within the OPSS provides relevant guidance documents in association with individual paragraphs. See Order 8900.1, Volume 3, Chapter 18, Section 2.

This meeting should be scheduled at the certification project manager’s discretion and not necessarily as part of the initial precertification meeting.

2)      Operator Requiring an OpSpecs Amendment. For an established operator needing an amendment to OpSpecs, review and update the following, as required:

·        Air Oper VIS worksheets to ensure that all required information is included on the worksheets and that these critical fields of information are current and accurate,

·        JTAs,

·        Automated OpSpec paragraphs A‑H,

·        Complete the OpSpecs,

·        Review the completed OpSpecs to determine what information is still required,

·        Airworthiness ASIs should coordinate with the other ASIs and the operator to confirm the need for issuance of paragraphs,

·        After a review with the operator/applicant, ensure there is agreement that the selected statements accurately describe the operation, and

·        Enter the data into the OpSpec system. Print the OpSpecs Summary Listing for review.

H.    Summary Review. Review the summary and note those OpSpecs that need additional information or clarification.

·        Review the draft copy of the OpSpecs,

·        Verify that the appropriate OpSpecs have been selected. If a necessary paragraph was not printed, or if an inappropriate paragraph was printed, review the information in either the Air Oper VIS worksheet or the OpSpecs checklist, as applicable,

·        Correct any errors in the information, and

·        Proofread the information for accuracy. New information will appear in upper case letters. Enter corrections into the computer.

I.       Conduct Final Review of Maintenance OpSpecs─Parts D and E. Verify whether the relevant OpSpecs include the required information.

1)      MSpec/OpSpec D072, Continuous Airworthiness Maintenance Program (CAMP) Authorization. Table 1 must contain the following:
a)      Each of the aircraft authorized to be maintained in accordance with the CAMP by make, model, and series;
b)      The document(s) that encompass the basic required elements of a CAMP. The certificate holder/program manager may have multiple manuals that encompass the CAMP. The PI may elect to list all the manuals encompassing the CAMP or, if one manual references all the other manuals then preferably that particular manual may only be listed; and
c)      The certificate holder/program manager’s assigned number(s) of the CAMP document(s).

Revisions to the certificate holder’s CAMP does not require reissuance of this OpSpec unless the manual title or document number changes.

2)      MSpec/OpSpec D073, AAIP. Table 1 must list the aircraft registration number, serial number, and make, model, and series of each aircraft subject to § 125.247 and § 135.419.
3)      OpSpec D074, Reliability Program Authorization: Entire Aircraft. Table 1 must contain the following:
a)      The make, model, and series of each aircraft controlled by a reliability program; the level of detail in specifying the series of aircraft should match the detail in the operator’s program.
b)      The document name that encompasses the reliability program and the certificate holder’s assigned number(s) of the reliability document.
c)      The current revision date of the reliability document.

OPSPEC D075, RELIABILITY PROGRAM AUTHORIZATION—AIRFRAME, POWERPLANT, SYSTEMS OR SELECTED ITEMS. Table 1 must contain the following:

·        The make, model, and series of each aircraft controlled by a reliability program; the level of detail in specifying the series of aircraft should match the detail in the operator’s program;

·        The document name that encompasses the partial reliability program and the certificate holder’s assigned number(s) of the partial reliability document; and

·        The current revision date of the partial reliability document.

Operators authorized OpSpec D075 must be issued OpSpec D088.

MSPEC/OPSPEC D076, SHORT TERM ESCALATION AUTHORIZATION. Table 1 shall reference the aircraft by make, model, series, and the limitations (if applicable) placed on that particular make, model, and series. The limitations in Table 1 are primarily for airframe check and inspection intervals. Engines and their components, as well as airframe components and appliances, are generally not limited, except for the 10 percent not to exceed 500 hours.

A.     Task Restricting. The limitation section of this table is used to restrict a particular make, model, and series task below the maximum allowable 10 percent, not to exceed 500 hours. An example would be if an aircraft “A” check has an interval of 200 hours (200 x 10 percent = 20 hrs) and the PI limited the “A” check short term escalation to not exceed 10 hours.

B.     Eliminating Certain Tasks. It can also be used to eliminate certain tasks from being eligible for short term escalation. (An example would be if the operator was not permitted short term escalations on a particular make, model, and series aircraft “B” check).

C.     Short Term Escalating. If the limitation section of this table is left blank, then the operator is authorized to short term escalate all items to the maximum interval described in its manual.

If restrictions and eliminations are requested for engine, engine components, airframe components, and appliances, then they may be listed in the limitations for that particular make, model, and series as well.

OPSPEC D077, MAINTENANCE CONTRACTUAL ARRANGEMENT AUTHORIZATION—FOR ENTIRE AIRCRAFT. OpSpec D077 authorizes and identifies the contractor with whom the certificate holder contracts to perform maintenance of its entire aircraft and if applicable, to participate in the contractor’s reliability program. Table 1 must contain the following information:

A.     Contractor Field. This field must list the contractor with whom the certificate holder has entered into agreement for the specific maintenance function listed.

B.     Contract Number and Date. Self explanatory.

C.     Aircraft and Powerplant M/M/S. Self explanatory.

D.    Reliability Program Name/Number/Date. List the contractor’s approved reliability program name, number assigned by the contractor, and current revision date (if applicable).

OPSPEC D078, MAINTENANCE CONTRACTUAL ARRANGEMENT AUTHORIZATION—FOR SPECIFIC MAINTENANCE. OpSpec D078 authorizes and identifies the functions to be performed by the contractor on the certificate holder’s aircraft listed in the table. Table 1 must contain the following information:

A.     Contractor. This field must list the contractor with whom the certificate holder has entered into agreement for the specific maintenance function listed.

B.     Contract Number and Date. Self explanatory.

C.     Aircraft and Powerplant M/M/S. Self explanatory.

D.    Specific Maintenance Function. This field can be as general as stating “All” for the entire aircraft and engines, or it can list specific inspections or checks.

This OpSpec only applies to the performance of maintenance and inspections.

OPSPEC D079, RELIABILITY PROGRAM CONTRACTUAL ARRANGEMENT AUTHORIZATION. Table 1 must contain the following information:

A.     Contractor. This field must list the contractor with whom the certificate holder has entered into agreement for the specific reliability function listed.

B.     Contract Number and Date. Identifying number from contract (if applicable) and date signed.

C.     Aircraft and Powerplant M/M/S. Self explanatory.

D.    Reliability Program Name and Number. Name of program and number assigned by contractor.

E.     Reliability Program Date. Date of current revision.

OPSPEC D080, LEASED AIRCRAFT MAINTENANCE PROGRAM AUTHORIZATIONS—U.S.-REGISTERED AIRCRAFT. The certificate holder is authorized to maintain the aircraft listed in Table 1 in accordance with the lessor’s approved maintenance program for the specific make, model, and series aircraft and lease agreements identified in Table 1, except as provided in Table 2.

Table 2 identifies specific items that will be maintained in accordance with the certificate holder’s approved maintenance program.

Specific maintenance program requirements of the certificate holder that are different than the lessor’s program will be listed in Table 2.

OPSPEC D081, PARTS POOL AGREEMENT AUTHORIZATION. Table 1 must list the participants, along with their location, who are eligible to provide parts to the certificate holder.

OPSPEC D082, PRORATED TIME AUTHORIZATION. Table 1 lists each aircraft by registration, serial number, make, model, and series that shall be maintained in accordance with the adjusted times identified in the certificate holder’s proration document. The table must list the individual proration document number assigned by the air carrier and current effective date.

OPSPEC D083, SHORT TERM ESCALATION AUTHORIZATION FOR BORROWED PARTS SUBJECT TO OVERHAUL REQUIREMENTS. Provided all of the conditions listed on the OpSpecs are met, the certificate holder is authorized to use a borrowed part (overhauled) from another operator when time in service of the available part exceeds the certificate holder’s approved overhaul time limit.

MSPEC/OPSPEC D084, SPECIAL FLIGHT PERMIT WITH CONTINUOUS AUTHORIZATION TO CONDUCT FERRY FLIGHTS. Table 1 shall list the maintenance document, which encompasses the policies, procedures, conditions, and limitations necessary to conduct the ferry flight.

MSPEC/OPSPEC D085, AIRCRAFT LISTING. The table(s) must list the aircraft registration number, serial number, nose number (if applicable), and aircraft make, model, and series.

OPSPEC D086, MAINTENANCE PROGRAM AUTHORIZATION FOR TWO ENGINE AIRPLANES USED IN EXTENDED RANGE OPERATION. Complete the following tables as described below:

A.     Table 1. Table 1 must include the approved aircraft registration number, airplane make, model, and series, and the maximum diversion time in minutes.

B.     Table 2. Table 2 identifies the reliability program, which continually assess the propulsion and airframe systems with the extended range fleet. The following must be included:

·        Airframe and Powerplant M/M/S: Self explanatory,

·        Program Name: Enter the name of the reliability program,

·        Program Number: Assigned number of the program by the air carrier, and

·        Program Date: Enter date of approval.

C.     Table 3. Table 3 identifies the Configuration Maintenance Procedures (CMP) document for extended range operations and must include the following:

·        Airplane and Powerplant M/M/S: Self explanatory,

·        FAA-approved CMP Document Name/Number: Enter document name and assigned number for which the CMP is contained,

·        Document Date: Enter date the above document was originally approved, and

·        FAA-approved Amendment No.: Enter in current amendment number, if applicable, to the above approved document.

OPSPEC D087, MAINTENANCE PROGRAM AUTHORIZATION FOR LEASED FOREIGN REGISTERED AIRCRAFT OPERATED BY U.S. AIR CARRIERS.

A.     Table 1 Completion. Table 1 must be completed as follows:

·        Foreign Air Carrier: Enter the name of the foreign air carrier,

·        Identification/Registration Number: Self explanatory,

·        Aircraft M/M/S: Self explanatory,

·        Lease Date: Self explanatory, and

·        Maintenance Program Revision Number/Date: Revision number and date of the foreign air carrier’s leased maintenance program; original approval of the maintenance program must be identified with “ORIG.”

If during the lease period, a U.S. air carrier operating a foreign aircraft has accepted the foreign air carriers maintenance inspection program as their own, all parties are reminded that the foreign aircraft is still subject to the county of origins rules and regulations. If the foreign airworthiness certificate is enforcing the maintenance inspection, program and time limitations cannot be altered by the U.S. lessee with out prior approval of the county of origins Civil Aviation Authority (CAA). If a change is requested it must be through the foreign air carrier who will request the change. If the foreign CAA agrees to the changes, the approval is forward to the U.S. air carrier via the foreign air carrier. The U.S. air carrier will make the request for any changes through the FAA certificate-holding district office (CHDO). If all parties agree, the PIs may amend the inspection time and this OpSpec.

B.     What Table 2 Identifies. Table 2 identifies differences between the certificate holder’s adopted maintenance programs for leased, foreign registered aircraft and the certificate holder’s approved program (if applicable).

C.     Table 2 Information. Each item or system that is considered a difference or exception must be listed in Table 2 as follows:

·        ATA Chapter: Enter the Air Transportation Association of America (ATA) code for the applicable item or system,

·        Primary Maintenance Process: List maintenance requirements for item or system (overhaul, inspect, replace, etc.),

·        Inspection and Check Period: List inspection and/or check frequency/interval, and

·        Other: This field can be used for general comments.

·        Do not combine items into one row of this table. Each item must be broken down into ATA chapters and listed individually in this table.

OPSPEC D088, MAINTENANCE TIME LIMITATIONS AUTHORIZATION. Table 1 must include the following:

·        Aircraft M/M/S: Self explanatory,

·        Manual/Document Name and Number: Manual name and air carrier assigned number for that manual which houses the FAA-approved time limitations for maintenance tasks not covered under the partial reliability program, and

·        Manual/Document Date: List the date of the current revision of the manual.

MSPEC/OPSPEC D089, MAINTENANCE TIME LIMITATIONS SECTION. Table 1 must include the following:

·        Aircraft M/M/S: Self explanatory,

·        Manual/Document Name and Number: Manual name and carrier assigned number for that manual which houses the FAA-approved time limitations for maintenance tasks, and

·        Manual/Document Date: List the date of the current revision of the manual.

This OpSpec is issued to operators that were not issued OpSpec D074 or D075.

OPSPEC D090, COORDINATING AGENCIES FOR SUPPLIERS EVALUATION (C.A.S.E.). This OpSpec authorizes certificate holders to use C.A.S.E. as a means of qualifying a vendor for services, parts, and materials to satisfy the requirements of part 121, § 121.373 and/or part 135, § 135.431, as applicable.

OPSPEC D091, REQUIREMENTS: ESSENTIAL MAINTENANCE.

A.     Purpose. This OpSpec is issued to 14 CFR part 119 air carrier certificate holders conducting operations under 14 CFR part 121.

Essential Maintenance encompasses any on-wing accomplishment of any maintenance or alteration that the certificate holder has designated as a Required Inspection Item.  Essential Maintenance is maintenance that would result in a failure effect that would endanger the continued safe flight and landing of the airplane if it was performed improperly or if improper parts or materials were used.  Essential Maintenance includes the accomplishment of the Required Inspection itself.  Essential Maintenance does not encompass any off wing maintenance.

B.     Guidance.

1)      Before issuing an initial OpSpec D091 or when the certificate holder adds an essential maintenance provider to the certificate holder’s maintenance provider listing required by 14 CFR part 121, § 121.369(a), ensure that the certificate holder has conducted an onsite audit of each essential maintenance provider or the added essential maintenance provider, as appropriate. The certificate holder’s onsite audit should, at least, determine that the essential maintenance provider has:

·        An organization that is adequate to perform essential maintenance.

·        Competent personnel and adequate facilities and equipment for the proper performance of essential maintenance.

2)      In addition, ensure that the certificate holder has provisions within its Continuing Analysis and Surveillance System (CASS) to determine that each essential maintenance provider listed in its maintenance provider listing performs essential maintenance in accordance with the certificate holder’s maintenance program and manual.

C.     Further Information. See Volume 6, Chapter 2, Section 40, Inspect a Part 121 Certificate Holder’s Use of Other Persons to Perform Maintenance, Preventive Maintenance and Alterations on its Aircraft for information about the meaning of essential maintenance, and for additional, more detailed guidance for issuing this OpSpec.

OPSPEC/MSPEC D092, MAINTENANCE PROGRAM AUTHORIZATION FOR AIRPLANES USED FOR OPERATIONS IN DESIGNATED REDUCED VERTICAL SEPARATION MINIMUM (RVSM) AIRSPACE. Table 1 must include the registration number and the make, model, and series of the aircraft approved for RVSM airspace.

OPSPEC D093, HELICOPTER NIGHT VISION GOGGLE OPERATIONS (HNVGO) MAINTENANCE PROGRAM. Table 1 of this OpSpec must include the aircraft registration number, serial number, aircraft make, model, and series along with the name of the approved maintenance document for the night vision device.

MSPEC/OPSPEC D095, MINIMUM EQUIPMENT LIST (MEL) AUTHORIZATION. This table must list the aircraft make, model, and series for aircraft authorized use of an MEL.

OPSPEC D097, REPAIR ASSESSMENT PROGRAM FOR PRESSURIZED FUSELAGES. Table 1 must include the registration number, serial number, aircraft make, model, and series, along with the maintenance document which incorporates the comprehensive repair assessment program.

MSPEC/OPSPEC D101, ADDITIONAL MAINTENANCE REQUIREMENTS—AIRCRAFT ENGINE, PROPELLER, AND PROPELLER CONTROL (GOVERNOR). Table 1 must include the following:

·        Airplane make, model, and series,

·        Engine, propeller, and Governor make and model,

·        Engine, propeller, and Governor maintenance document that contains the additional maintenance requirements, and

·        Engine, propeller, and Governor time in service interval.

MSPEC/OPSPEC D102, ADDITIONAL MAINTENANCE REQUIREMENTS—ROTORCRAFT. Table 1 must include the following:

·        Rotorcraft type,

·        Engine make and model,

·        Maintenance document for engine, rotor main, and auxiliary that contains the additional maintenance requirements, and

·        Engine time in service interval.

OPSPEC D103, ADDITIONAL MAINTENANCE REQUIREMENTS—SINGLE ENGINE IFR. Table 1 must include the following:

·        Registration number,

·        Serial number,

·        Aircraft make, model, and series,

·        Maintenance instructions/document that contains the additional maintenance requirements, and

·        Other limitations as necessary (engine trend monitoring, oil analysis program, etc.).

MSPEC/OPSPEC D104, ADDITIONAL MAINTENANCE REQUIREMENTS EMERGENCY EQUIPMENT. Table 1 must include the following:

·        Emergency equipment items,

·        Maintenance document that contains the additional maintenance requirements, and

·        Limitations and provisions field contains the intervals/frequency of the additional maintenance requirements (in hours, cycles, calendar time, etc).

OPSPEC D105, AIR CARRIER EMERGENCY EVACUATION SYSTEMS (EES) MAINTENANCE PROGRAM REQUIREMENTS. Review the operator’s program to ensure that all conditions of this OpSpec are met. If review is satisfactory, issue the OpSpec.

OPSPEC D106, AIRCRAFT IN LONG TERM MAINTENANCE OR STORAGE. Table 1 must contain the following:

·        End of Operation: Enter the day on which the air carrier elects to cease operating the aircraft,

·        Registration number: Enter the aircraft registration number, and

·        Serial Number: Enter the aircraft serial number.

OPSPEC D491, THE AIR CARRIER QUARTERLY UTILIZATIONS REPORT (QUR). OpSpec D491, is a DCT, it provides a means preparing, reviewing, and evaluating the approved vendors that consist of SMP and other OMP, certificated and noncertificated.

OPSPEC E096, WEIGHT AND BALANCE CONTROL PROCEDURES. Conduct final review of this OpSpec per the guidance in Order 8900.1, Volume 3, Chapter 47.

A.     Individual Aircraft Weights. Individual aircraft weights outlined in the certificate holder’s empty weight and balance program in Table 1 must include the following:

·        Aircraft by make, model, and series,

·        Weighing interval, and

·        Weight and balance control procedures.

B.     Fleet Aircraft Weights. Fleet aircraft weights outlined in the certificate holder’s weight and balance control program in Table 2 must include the following:

·        Aircraft by make, model, and series,

·        Fleet weighing sample interval, and

·        Fleet weight and balance control program.

C.     Coordinate Draft OpSpec. Coordinate the Draft OpSpecs with the Operator/Applicant. Ensure the operator is involved throughout the preparation of the final OpSpecs. The operator should be given opportunities to verify that added information is correct.

D.    Conduct Final FAA Review. The Airworthiness PI must perform a final review of the OpSpecs for accuracy and completeness. Ensure the following:

1)      The effective date appears in the bottom left corner.
2)      The operator’s certificate number appears in the bottom right corner and is correct.
3)      The operator’s correct name appears in the bottom center of the page.
4)      The title, date, and authorized signature of the certificate holder are entered.

E.     Approve OpSpecs.

1)      For approval of OpSpecs, complete the following steps for each OpSpec:
a)      Enter the effective date and the amendment number (for original issuance, enter “Original” or “Org” in the space provided).

Except for emergency amendments, amendments to OpSpecs become effective on the date the amendment is approved by the authorized ASI unless the ASI establishes a different effective date.

b)      Ensure the ASI’s name, title, and district office designator is entered correctly in the space provided (auto filled) at the end of each OpSpec.

Part D and E OpSpecs may be approved only by the assigned Airworthiness PI(s) or by ASIs authorized by the unit supervisor to sign for the PIs in their absence. Specific paragraphs within Part A of the OpSpecs are the joint responsibility of Operations and Airworthiness PIs. Approval of Part A paragraphs may be indicated by the signature of any one of the three assigned PIs.

2)      To approve OpSpecs, the assigned ASI should compare the effective dates in the table of contents page to each page to ensure the effective dates match.

Table 3‑25, Sample Table of Contents (Not All Inclusive or Up-to-Date)

PART D-AIRCRAFT MAINTENANCE

 

 

CONTROL

DATE

EFFECTIVE

DATE

  D070

OPSEC/MSPEC/LOA D070 INTEGRATION OF AIRCRAFT FUEL TANK MAINTENANCE AND INSPECTION INSTRUCTION INTO A CONTINUOUS AIRWORTHINESS MAINTENANCE PROGRAM (CAMP)/AIRCRAFT INSPECTION PROGRAM (AIP)

TBD

 

  D071

RESERVED

 

 

  D072

AIRCRAFT MAINTENANCE – GENERAL REQUIREMENTS

01/11/88

08/15/90

  D073

RESERVED

 

 

  D074

RESERVED

 

 

*D075

RELIABILITY PROGRAM AUTHORIZATION: AIRFRAME, POWERPLANT, SYSTEMS OR SELECTED ITEMS

01/11/08

08/15/90

*D076

SHORT‑TERM ESCALATION AUTHORIZATION

01/11/08

08/15/90

*D077

MAINTENANCE CONTRACTUAL ARRANGEMENT AUTHORIZATION: FOR ENTIRE AIRCRAFT

01/11/08

08/15/90

#D078

MAINTENANCE CONTRACTUAL ARRANGEMENT AUTHORIZATION: FOR SPECIFIC MAINTENANCE

 

 

#D079

RELIABILITY PROGRAM CONTRACTUAL ARRANGEMENT AUTHORIZATION

 

 

*D080

LEASED AIRCRAFT MAINTENANCE PROGRAM AUTHORIZATIONS: U. S. –REGISTERED AIRCRAFT

02/10/89

09/30/90

#D081

PARTS POOL AGREEMENT AUTHORIZATION

 

 

*D082

PRORATED TIME AUTHORIZATION

011/11/88

09/30/90

#D083

PARTS BORROWING AUTHORIZATION

 

 

*D084

SPECIAL FLIGHT PERMIT WITH CONTINUOUS AUTHORIZATION TO CONDUCT FERRY FLIGHTS

02/10/89

09/30/90

  D085

AIRCRAFT LISTING

01/11/88

09/30/90

*D086

MAINTENANCE PROGRAM AUTHORIZATION FOR TWO‑ENGINE AIRPLANES USED IN EXTENDED‑RANGE OPERATION

10/03/89

09/30/90

#D087

MAINTENANCE PROGRAM AUTHORIZATION FOR LEASED FOREIGN‑REGISTERED AIRCRAFT OPERATED BY U.S. AIR CARRIERS

 

 

*D088

MAINTENANCE TIME LIMITATIONS

02/10/89

09/30/90

  D089

RESERVED

 

 

  D090

C.A.S.E.

12/15/91

12/15/91

  D091

SUBSTANTIAL MAINTENANCE PROVIDERS AND ALL OTHER OUTSOURCE MAINTENANCE PROVIDERS

TBD

 

  D092

MAINTENANCE PROGRAM AUTHORIZATION FOR AIRPLANES USED FOR OPERATIONS IN DESIGNATED REDUCED VERTICAL SEPARATION MIN RVSM AIRSPACE

 

 

  D093

HELICOPTER NIGHT VISION GOGGLES OPERATIONS MAINTENANCE PROGRAM

 

 

  D094

RESERVED

 

 

*D095

MINIMUM EQUIPMENT LIST AUTHORIZATION

12/07/90

09/30/90

Table 3‑26, Sample Certificate on Special Authorizations and Limitations

U.S. Department

Of Transportation                           Operations Specifications

Federal Aviation                                                                                                   Form Approved

Administration                                                                                                      OMB No. 2120‑00028

 

A4. Summary of Special Authorizations and Limitations (02/10/89)

            a. The certificate holder, in accordance with the reference paragraphs, is

                Authorized to:

Reference

Paragraphs

                ‑Use a reliability program for the entire

                  Aircraft                                                                                                                D074

 

                ‑Use short‑term escalation.                                                                                      D076

 

Conduct ferry flights under special flight

Permits with continuing authorization.                                                                                       D084

 

 

                ‑Use an approved Minimum Equipment List (MEL)                                                   D095

 

 

            b. The certificate holder is not authorized and shall not:

 

                ‑Participate in a parts pool agreement.

 

                ‑Contractually arrange with other certificated

                  Operators for specific maintenance.

 

 

1.   Issued by the Federal Aviation Administration.

2.   These Operations Specifications are approved by direction of the Administrator

 

_____________________________Principal Avionics Inspector                                         WA01

 

3.   Date Approval is effective: MM/DD/YY                                              Amendment No.:_______

4.   I hereby accept and receive the Operations Specifications is this paragraph.

 

_____________________________ ___________________________ _______________

Name                                                Title                                                    Date

 

 

 

Effective Date: MM/DD/YY

 

 

 

A4‑1

 

 

 

Certificate No.: PAAA001A

 

Pan American Airlines Inc.

 

FAA Form 8400‑8 (10‑90)

 

 

RESERVED. Paragraphs 3‑922 through 3‑985.


5/19/10                                                                                                                         8900.1 CHG 0

Volume 3 General technical administration

chapter 55  PART 145 REPAir STATIONS

Section 2  Change barReserved

RESERVED. Paragraphs 3‑4491 through 3‑4515.


6/23/10                                                                                                                         8900.1 CHG 0

Volume 5 AIRMAN CERTIFICATION

chapter 5  TITLE 14 CFR PART 65—AIRMEN OTHER THAN FLIGHT CREWMEMBERS

Section 9  Certificate Part 65 Parachute Rigger/Added Rating

5-1331       PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.     Maintenance: 3502/3508.

B.     Avionics: 5508.

5-1332       OBJECTIVE. This section provides guidance for evaluating, testing, and certificating applicants for parachute rigger certificates and ratings.

5-1333       GENERAL.

A.     Title 14 of the Code of Federal Regulations (14 CFR) part 65 subpart F provides for the issuance of senior and master parachute rigger certificates to include ratings for seat, back, chest, and lap.

B.     Any person who applies in the prescribed manner and meets the regulatory requirements is entitled to be issued a parachute rigger certificate with appropriate rating(s).

5-1334       ELIGIBILITY REQUIREMENTS. Applicants must be at least 18 years of age and be able to read, write, speak, and understand the English language. Citizens of Puerto Rico or persons employed by a U.S. air carrier outside the United States who do not meet the language requirement may be issued a certificate under the provisions of part 65, § 65.113(a)(2).

5-1335       EXPERIENCE, KNOWLEDGE, SKILLS, AND TEST REQUIREMENTS.

A.     Senior Parachute Rigger Requirements. The applicant must have packed at least 20 parachutes of each type for which a rating is being sought, in accordance with the manufacturer’s instructions. These parachutes must be packed under the supervision of either a certificated parachute rigger holding an appropriate rating or a person holding an appropriate military rating. The applicant must also successfully complete knowledge and oral/practical tests.

B.     Senior Parachute Rigger Requirements, Military Competence. The applicant must have packed, as a military rated parachute rigger, at least 20 parachutes of each type for which a rating is sought. The applicant must successfully complete a knowledge test on the regulations only. No oral/practical test is required, per § 65.117.

C.     Master Parachute Rigger Requirements.

1)      The applicant must have at least 3 years of experience as a parachute rigger and must have packed at least 100 parachutes of each of two types in common use, in accordance with the manufacturer’s instructions.
2)      The applicant must have met these requirements under one or more of the following conditions:

·        While a senior parachute rigger.

·        While under the supervision of a certificated and appropriately rated parachute rigger.

·        While under the supervision of a person holding appropriate military ratings.

3)      An applicant for a master certificate who does not hold a senior certificate must successfully complete knowledge and oral/practical tests. An applicant holding a senior parachute rigger certificate is not required to take a knowledge test.

D.    Experience Substantiation. In order to substantiate experience, the applicant must submit documentation, such as logbooks, satisfactory to the Administrator.

5-1336       PARACHUTE RIGGER PRIVILEGES.

A.     At the time of original certification, each parachute rigger will be assigned an identification seal symbol and issued a Temporary Airman Certificate.

B.     A certificated senior parachute rigger may pack and maintain or supervise the packing of the types of parachute for which the rigger is rated.

C.     A certificated master parachute rigger may pack, maintain, or alter the type(s) of parachute for which the rigger is rated. The master parachute rigger may also supervise other persons in packing, maintaining, or altering any type of parachute for which a rating is held.

D.    A certificated parachute rigger, without respect to ratings, may pack, maintain, or alter the main parachute of a dual parachute pack to be used for intentional jumping.

5-1337       RECORDKEEPING REQUIREMENTS.

A.     A certificated parachute rigger must keep records of the packing, maintenance, and alteration of parachutes, as performed or supervised. The record entries must include the following information for each parachute:

·        Type and make,

·        Serial number,

·        Name and address of owner,

·        Kind and extent of worked performed,

·        Date when and place where the work was performed, and

·        Results of drop tests.

B.     Each record of the packing, maintenance, and alteration of parachutes must be kept for at least 2 years after the date it is made.

C.     The record may be kept as consecutive entries in a form that contains the required information and is retained for the required period, in accordance with § 65.131(c).

5-1338       FACILITIES AND EQUIPMENT.

A.     Facilities and equipment must be available to the parachute rigger during the exercise of certificate privileges but are not required to be certificated or approved in advance by the Federal Aviation Administration (FAA).

B.     No certificated parachute rigger may exercise the privileges of the certificate unless the following are available:

·        A smooth top packing table or area as outlined by the parachute manufacturer,

·        Suitable housing that is adequately heated, lighted, and ventilated for drying and airing parachutes,

·        Sufficient tools and equipment to pack and maintain the types of parachutes serviced, and

·        Adequate housing facilities to perform duties and to protect tools and equipment.

5-1339       COORDINATION REQUIREMENTS. None.

5-1340       REFERENCES, FORMS, AND JOB AIDS.

A.     References (current editions):

·        Advisory Circular (AC) 65‑5, Parachute Rigger Senior/Master Certification Guide,

·        FAA Order 8080.6, Conduct of Airman Knowledge Tests, and

·        FAA Order 8900.2, General Aviation Airman Designee Handbook.

B.     Forms:

·        FAA Form 8060‑4, Temporary Airman Certificate,

·        FAA Form 8060‑5, Notice of Disapproval of Application, and

·        FAA Form 8610‑2, Airman Certificate and/or Rating Application.

C.     Job Aids. None.

5-1341       PROCEDURES.

A.     Review the Application.

1)      Ensure that the applicant provides photo identification. When satisfactory identification has been presented, indicate the type of identification in the “Remarks” section on the reverse side of FAA Form 8610‑2. Acceptable identification may include the following:

·        Valid driver’s license,

·        Passport, and

·        Military ID (Department of Defense (DOD) DD Form 2 or 2A).

2)      If the applicant has previously held or currently holds an airman’s certificate, check the Enforcement Information System (EIS) file.
a)Obtain a copy of any suspension/revocation order for review, if applicable.
b)      If the applicant is ineligible for a certificate/rating, return the application and take any appropriate enforcement action.
3)      Ensure that documented information is sufficient to determine the type and number of parachutes packed by the applicant.
4)      Ensure that documents provide a complete and positive record of meeting the requirements.
5)      If the applicant is eligible, proceed with the certification.

B.     Certificate/Rating Requirements. Ensure that the applicant meets the requirements for the certificate/rating as follows:

1)      Ensure that the applicant has met skills and experience requirements.
2)      Determine that the applicant can read, write, speak, and understand English.
3)      Verify that the applicant is at least 18 years old.

C.     Proof of Successful Completion. Ensure that applications for oral and practical tests include proof of successful completion of the applicable knowledge tests. Review the applicant’s FAA Form 8610‑2 to ensure that all pertinent information is furnished.

D.    Oral and Practical Tests. Ensure that oral and practical tests are administered and passed. Ensure that these tests are given by only designated parachute rigger examiners or by an FAA Airworthiness aviation safety inspector (ASI) with applicable parachute experience.

1)      Ensure that the test(s) consist of questions and projects directly related to the type of parachute for which a rating is sought.
2)      Ensure that each rating has its own oral/practical test.
3)      Permit the applicant to refer to the manufacturer's instructions.

E.     Results. Evaluate the oral and practical test results.

5-1342       TASK OUTCOMES.

A.     Complete the PTRS Record.

B.     Complete the Task. Successful completion of this task will result in the following:

1)      Completion of FAA Form 8610‑2.
a)When the applicant passes a section of the oral/practical test, check the “Pass” block and indicate the expiration date.
b)      Fill out the FAA “Inspector Report” portion.
2)      Completion of FAA Form 8060‑4, in duplicate. FAA Form 8060‑4 must be either typewritten or filled out in ink. Both the issuing FAA Airworthiness inspector and the applicant must sign the applicant's copy of the temporary certificate.
a)For the original issuance, enter the word “pending” in Block III.
b)      For reissuance, the previously assigned certificate number will continue to be shown in Block III. If a social security number is provided, enter the number without dashes or spaces immediately above the applicant’s date of birth. A certificate may be reissued when an airman requests that the certificate number correspond with the applicant’s Social Security Number (SSN).
3)      Submitting a file to the Airmen Certification Branch, AFS‑760, to contain the following:

·        Original application (FAA Form 8610‑2),

·        Original‑typed FAA Form 8060‑4,

·        Aeronautical Center Form 8080‑2 (test results from previous certification, if applicable),

·        Duplicate FAA Form 8610‑2 or 8060‑5 to report retest,

·        If the applicant has been retested within 30 days after failure, the letter certifying the applicant has received further instruction, and

·        AC Form 8060‑1 or FAA Form 8060‑4, previously held certificate, for added ratings.

C.     Deny a Certificate/Added Rating. When the applicant cannot show proof of meeting all of the eligibility requirements, fails any required section of the oral or practical test, or does not complete the test, accomplish the following:

·        Complete the “FAA Inspector Report” portion of FAA Form 8610‑2.

·        Present the duplicate copy to the applicant as a record of the sections passed or failed. Counsel the applicant, if needed.

·        Return other documents to the applicant, as appropriate.

5-1343       FUTURE ACTIVITIES.

A.     Retest after Failure. Conduct knowledge retests in accordance with the procedures in the current edition of FAA Order 8080.6.

1)      Normally an applicant must wait 30 days to retake a failed test. In order to take the test sooner, a statement must be presented certifying that the applicant has been given at least 5 hours of additional instruction in each of the subjects failed and is now considered ready for retesting. This statement must be from a certificated and appropriately rated parachute rigger, or a person holding an appropriate military rating.
2)      The oral and practical retests must cover all the subject areas in the failed section, as indicated on the application.
3)      If the applicant fails again, complete FAA Form 8610‑2 only for the sections included in the retest. The AC Form 8080‑2 presented by an unsuccessful applicant for the oral/practical retest will be returned to the applicant with a new duplicate of FAA Form 8610‑2.

B.     Routine Surveillance.

RESERVED. Paragraphs 5‑1344 through 5‑1360.


4/22/10                                                                                                                       8900.1 CHG 36

Volume 6 Surveillance

chapter 2  PART 121, 135, AND 91 sUBPART K INSPECTIONS

Section 27  Conducting a Program Manager/Air Carrier/Air Agency Inspection to Detect Unapproved Parts

6-762           PURPOSE. This section provides guidance for principal maintenance inspectors (PMI) and principal avionics inspectors (PAI) conducting unapproved parts surveillance/inspections at Title 14 of the Code of Federal Regulations (14 CFR) part 91 subpart K (part 91K) program manager, air carrier, and air agency facilities. This guidance will assist inspectors in performing a comprehensive inspection, including parts accepted into their system, and parts approved for return to service by the program manager/air carrier/air agency.

6-763      DISCUSSION. PMIs and PAIs will conduct surveillance to detect unapproved parts to ensure compliance with 14 CFR and policy outlined in Federal Aviation Administration (FAA) Order 8120.16, Processing Reports of Suspected Unapproved Parts,. A part is considered to be unapproved if it has been produced, maintained, rebuilt, or altered contrary to 14 CFR; or if it has been intentionally misrepresented (e.g., false, fraudulent, and/or counterfeit). Specific definitions related to the Suspected Unapproved Parts (SUP) Program are contained in FAA Order 8120.16 and are summarized below.

A.     Approved Part. Describes a part that has been designed, produced, maintained, rebuilt, and/or altered in accordance with 14 CFR.

B.     SUP. A part that is suspected of not meeting the requirements of an approved part for any reason.

C.     Unapproved Part. A part that does not meet the requirements of an approved part.

6-764      ACTION. Aviation safety inspectors (ASI) charged with certificate management responsibilities for air carriers and air agencies, and management specification (MSpec) authorizations for part 91K program managers, should ensure that those operators/program managers have procedures to prevent unapproved parts from entering into their parts inventories and/or prevent them from being released from their system.

A.     Inventories. ASIs should evaluate their program manager/air carrier/air agency’s parts receiving inspection procedures to ensure that only “approved parts” and materials are accepted into inventories. A representative sample of the inventory should be examined to validate parts for the following, as applicable:

1)      New parts (accepted into the system) were produced under 14 CFR part 21, or are otherwise approved by the Administrator.
2)      Documentation identifies the approved manufacturer of that part/material, and states that the part/material complies with the applicable regulations and contains the required information. Documentation may include FAA Form 8130‑3, Authorized Release Certificate, Airworthiness Approval Tag; European Aviation Safety Agency (EASA) Form 1, Authorized Release Certificate; Canadian form; Form One, Authorized Release Certificate; Joint Aviation Authority (JAA) Form 1 leave as is; shipping tickets, packing slips, purchase orders, material certifications, and/or certificates of conformity.
3)      FAA Parts Manufacturer Approval (PMA) parts are marked per 14 CFR part 45, § 45.15.
4)      Parts produced under an FAA Technical Standard Order Authorization (TSOA) are marked per part 21, §§ 21.603 and 21.607.
5)      Standard parts (i.e., bolts and nuts) and raw materials (i.e., sheet metal and welding rods) contain certification statements or other evidence that they conform to established industry or U.S. Government specifications.
6)      Used parts have an approval for return to service by a FAA‑certificated person (i.e., air carrier, repair station, mechanic).
7)      Parts with a specified replacement time, inspection interval, or related procedures are permanently marked with part number and serial number (or equivalent) per part 45, § 45.14, 45.15, or 45.16 or dispositioned in accordance with 14 CFR part 43, § 43.10, Disposition of Life‑Limited Parts.

NOTE: See the current edition of Advisory Circular (AC) 20-62, Eligibility, Quality, and Identification of Aeronautical Replacement Parts, for additional information.

B.     Maintenance Records/Work Orders. ASIs should review a representative sample of maintenance records and/or work orders of parts approved for return to service by the program manager/air carrier/air agency to ensure the following:

1)      Approved parts were used during the course of maintenance, repair, or alteration.
2)      The air carrier/air agency is authorized to approve the part for return to service. A part 91K program manager is not authorized to return parts to service.
3)      The maintenance