8/17/11                        FY11 Fourth Quarter Editorial Updates             8900.1 CHG 0

Volume 2 Air Operator AND AIR AGENCY Certification and ApplicATION PROCESS

chapter 9 CERTIFICATION OF A PART 141 PILOT

Section 1  Initial Certification or Renewal of a Part 141 Pilot School

2-1066       PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE.

A.     change barInitial Certificate. Enter 1240 in the activity code box of the PTRS Data Sheet.

B.     Renew Certificate. Enter 1374 in the activity code box of the PTRS Data Sheet.

C.     Reissue Certificate. Enter 1375 in the activity code box of the PTRS Data Sheet

2-1067       OBJECTIVE. Determine whether an applicant for a Title 14 of the Code of Federal Regulations (14 CFR) part 141 pilot school meets the rules concerning the operation of a pilot or provisional pilot school. Successful completion of this task results in the issuance, renewal, or denial of Federal Aviation Administration (FAA) Form 8000‑4, Air Agency Certificate. These procedures are followed for the issuance of a provisional pilot school certificate, for added ratings (amendments), and for certificate renewal.

2-1068       GENERAL. Before beginning any certification process, inspectors should review Volume 3, Chapter 1, Section 1, The General Process for Approval or Acceptance, and Volume 2, Chapter 1, Section 1, the Generic Process for Certificating Organizations. Definitions of the terms used in this chapter are contained in Volume 3, Chapter 53, Section 1, Introduction to Part 141 Related Tasks.

2-1069       PREAPPLICATION PHASE. For an initial certification, inspectors should discuss the following items with an applicant during an initial inquiry about a part 141 certificate. These items may also be reviewed during renewal or during amendment, as necessary.

A.     Pilot School Ratings. Effective August 4, 1997, new school ratings specified the courses that a school is authorized to conduct. The phase‑in period existed until August 3, 1998. On or after August 4, 1998, all schools must conform to the new ratings as listed below.

1)      Certification and Rating Courses (Appendixes A through J).

·        Recreational pilot course,

·        Private pilot course,

·        Instrument rating course,

·        Commercial pilot course,

·        Airline transport pilot (ATP) course,

·        Flight instructor course,

·        Flight instructor instrument course,

·        Ground instructor course,

·        Additional aircraft category or class rating course,

·        Aircraft type rating course, and

·        Special curriculum course under part 141, § 141.57.

2)      Special Preparation Courses (Appendix K).

·        Pilot refresher course,

·        Flight instructor refresher course,

·        Ground instructor refresher course,

·        Agricultural aircraft operations course,

·        Rotorcraft external‑load operations course,

·        Special operations course, and

·        Test pilot course.

3)      Pilot Ground School Course (Appendix L).

B.     Recreational Pilot Course. The approval of one or more courses of training that result in the original issuance of a recreational pilot certificate entitles the school to have a recreational pilot rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to a recreational pilot rating for the following courses, as appropriate:

·        Airplane—single‑engine,

·        Rotorcraft—helicopter, and/or

·        Rotorcraft—gyroplane.

C.     Private Pilot Course. The approval of one or more courses of training that result in the original issuance of a private pilot certificate entitles the school to have a private pilot rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to a private pilot rating for the following courses, as appropriate:

·        Airplane—single‑engine,

·        Airplane—multiengine,

·        Rotorcraft—helicopter,

·        Rotorcraft—gyroplane,

·        Powered‑lift,

·        Glider,

·        Lighter‑than‑air airship, and/or

·        Lighter‑than‑air balloon.

D.    Instrument Rating Course. The approval of one or more courses of training that result in the original issuance of an instrument rating entitles the school to have an instrument rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to an instrument rating for the following courses, as appropriate:

·        Instrument—airplane,

·        Instrument—helicopter, and/or

·        Instrument—powered‑lift.

E.     Commercial Pilot Course. The approval of one or more courses of training that result in the original issuance of a commercial pilot certificate entitles the school to have a commercial pilot rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to a commercial pilot rating for the following courses, as appropriate:

·        Airplane—single‑engine,

·        Airplane—multiengine,

·        Rotorcraft—helicopter,

·        Rotorcraft—gyroplane,

·        Powered‑lift,

·        Glider,

·        Lighter‑than‑air airship, and/or

·        Lighter‑than‑air balloon.

F.      ATP Course. The approval of one or more courses of training that result in the original issuance of an ATP certificate entitles the school to have an ATP rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to an ATP rating for the following courses, as appropriate:

·        Airplane—single‑engine,

·        Airplane—multiengine,

·        Rotorcraft—helicopter, and/or

·        Powered‑lift.

G.    Flight Instructor Course. The approval of one or more courses of training that result in the original issuance of a flight instructor certificate entitles the school to have a flight instructor rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to a flight instructor rating for the following courses, as appropriate:

·        Airplane—single‑engine,

·        Airplane—multiengine,

·        Rotorcraft—helicopter,

·        Rotorcraft—gyroplane,

·        Powered‑lift, and/or

·        Glider.

H.    Flight Instructor Instrument Rating Course. The approval of one or more courses of training that result in the original issuance of a flight instructor instrument certificate entitles the school to have a flight instructor instrument rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to a flight instructor instrument rating for the following courses, as appropriate:

·        Flight Instructor Instrument—airplane,

·        Flight Instructor Instrument—helicopter, and/or

·        Flight Instructor Instrument—powered‑lift.

I.       Ground Instructor Course. The approval of one or more courses of training that result in the original issuance of a ground instructor certificate entitles the school to have a ground instructor rating placed on its school certificate. The approval of one or all of the following certification courses entitles the school to a ground instructor rating for the following courses, as appropriate:

·        Ground Instructor Instrument—basic,

·        Ground Instructor Instrument—advanced, and/or

·        Ground Instructor Instrument—instrument.

J.      Additional Aircraft Category or Class Rating Course. The approval of one or more courses of training that results in the issuance of an additional aircraft category or class rating to an existing pilot certificate entitles the school to have “Additional Aircraft Category or Class Rating” placed on its school certificate. The approval of one or all of the following additional aircraft rating courses entitles the school to the above listed rating.

·        Airplane—single‑engine,

·        Airplane—multiengine,

·        Rotorcraft—helicopter,

·        Rotorcraft—gyroplane,

·        Powered‑lift,

·        Glider,

·        Lighter‑than‑air airship, and/or

·        Lighter‑than‑air balloon.

K.    Aircraft Type Rating Course. The approval of one or more courses of training that result in the issuance of an aircraft type rating entitles the school to have aircraft type rating placed on its school certificate. The approval of one or all of the following aircraft type rating courses entitles the school to an aircraft type rating for the following courses, as appropriate:

·        A type rating in an airplane category, single‑engine class,

·        A type rating in an airplane category, multiengine class,

·        A type rating in a rotorcraft category, helicopter class, and/or

·        A type rating in a powered‑lift category.

L.     Special Preparation Course. The approval of one or more courses of training that prepares the graduate with the necessary skills, competency and proficiency to exercise safely the privileges of the certificate, rating or authorization for which the course is established entitles the school to have that special preparation rating placed on its school certificate. The approval of one or all of the following special preparation courses entitles the school to that special preparation rating for the following courses, as appropriate:

·        Pilot refresher course,

·        Flight instructor refresher course,

·        Ground instructor refresher course,

·        Agricultural aircraft operations course,

·        Rotorcraft external‑load operations course,

·        Special operations course, and/or

·        Test pilot course.

M.  Pilot Ground School Course. The approval of one or more ground school courses under the provisions of part 141, appendix L entitles the school to have pilot ground school rating placed on its school certificate.

N.    Special Curriculum Course. The approval of a special curriculum course under § 141.57 entitles the school to have “Special Curriculum Course” appear on its school certificate.

O.    Denied Ratings. An applicant may reapply at any time for an FAA Form 8000‑4 or rating in the same manner as prescribed for initial application. At the inspector’s discretion, reinspection of previously approved areas may not be necessary. However, if more than 120 days have elapsed, a complete inspection should be accomplished before issuance of the certificate.

P.      Certification Team Assignment. As described in the procedures in Volume 2, Chapter 1, Section 1, the Flight Standards District Office (FSDO) manager assigns the applicant a certification team. The manager also designates one member of the team as the certification project manager (CPM).

2-1070       FORMAL APPLICATION PHASE.

A.     The Formal Application Meeting. If the certification team decides to have a formal application meeting, all members of the team should be present.

B.     Meeting Topics. The meeting should review, but not be limited to, the following:

·        The application,

·        The schedule of events, if applicable,

·        The training course outline (TCO) and curriculum, and

·        Personnel, aircraft, and facility requirements.

C.     Application Denial. Denial of an application must be substantiated with documentation of the reasons for denial.

2-1071       DOCUMENT COMPLIANCE PHASE.

A.     TCOs. TCOs must be submitted in duplicate. However, during initial approval of the TCO, the inspector may request only one copy for review. Once the TCO has met all the requirements, the applicant submits the required two copies.

B.     Commercially Produced Syllabuses. Commercially produced syllabuses should be submitted a minimum of 30 days before the expected training begins. See §§ 141.53 and 141.55.

C.     Special Curriculums. A pilot school or provisional pilot school may apply for approval to conduct a special course of pilot training provided the training curriculum is not one that is prescribed in the appendixes of part 141. A special course of airman training must contain features that can be expected to achieve a level of pilot competency equivalent in scope and depth to that achieved by the curriculum prescribed in the appendixes of part 141 or the requirements of 14 CFR, part 61. A Designated Pilot Examiner (DPE) may only conduct a practical test for pilot certification provided the applicant has completed the pilot school/provisional pilot school’s training course requirements and has received a graduation certificate. A pilot school may not apply for examining authority unless the training course meets the requirements set forth in the appropriate appendixes of part 141. A pilot school may not apply for a training course under § 141.55(d) or (e) unless that pilot school has held a pilot school certificate (emphasis added: pilot school certificate) for at least 24 calendar‑months. If a pilot school applies for a special course of airman training with reduced training times, then that pilot school must comply with the provisions set forth in § 141.55(d) and (e). In accordance with § 141.55(d)(3) and (e)(4), a pilot school may not be approved for examining authority for a special course of airman training that has been approved for reduced training times. A provisional pilot school may not apply for a special course of airman training with reduced training times under § 141.55(d) and (e).

1)      Required Documentation. An original and one copy of a proposed special curriculum must be submitted along with a cover letter requesting FAA approval at least 60 days before the training is scheduled to begin. Approval or denial should be accomplished within 30 days, allowing the school sufficient time to develop a TCO based on the special curriculum.
2)      Special Curriculum Approved. When a special curriculum is approved, each page of the original and office copies should be dated and signed by the principal operations inspector (POI). The original copy of the special curriculum should be returned to the school.
3)      Special Curriculum Disapproved. When a special curriculum is disapproved, the original and copy submitted to the FAA should be returned to the applicant along with a letter clearly explaining why the materials were disapproved (Figure 2‑62). A copy of the letter is retained in the school’s file at the FSDO. If major changes to a special curriculum or TCO are necessary, the letter to the school should clearly state that additional time will be needed for review when resubmitted.

D.    Title 14 CFR Part 141 Appendixes. It is imperative that when a school applicant applies for its ratings, the TCOs be reviewed carefully against the part 141 appendixes. For schools that submit TCOs and meet minimum time requirements of part 141, in accordance with § 141.55(d) or (e) (as appropriate), it is imperative that these school’s TCOs cover all of the aeronautical knowledge areas and areas of operations required for the certificate and ratings. The following are the certification and rating courses, special preparation courses, and pilot ground school courses contained in these part 141 appendixes.

1)      Certification and Rating Courses.
a)      Recreational Pilot Certification Course—Appendix A prescribes the requirements for the recreational pilot certificate with the following ratings:

·        Airplane single‑engine,

·        Rotorcraft helicopter, and

·        Rotorcraft gyroplane.

b)      Private Pilot Certification Course—Appendix B prescribes the requirements for the private pilot certificate for the following ratings:

·        Airplane single‑engine,

·        Airplane multiengine,

·        Rotorcraft helicopter,

·        Rotorcraft gyroplane,

·        Powered‑lift,

·        Glider,

·        Lighter‑than‑air airship, and

·        Lighter‑than‑air balloon.

c)      Instrument Rating Course—Appendix C prescribes the requirements for an instrument rating for the following:

·        Instrument—airplane,

·        Instrument—helicopter, and

·        Instrument—powered‑lift.

d)      Commercial Pilot Certification Course—Appendix D prescribes the requirements for the commercial pilot certificate for the following ratings:

·        Airplane single‑engine,

·        Airplane multiengine,

·        Rotorcraft helicopter,

·        Rotorcraft gyroplane,

·        Powered‑lift,

·        Glider,

·        Lighter‑than‑air airship, and

·        Lighter‑than‑air balloon.

e)      Airline Transport Pilot Certification Course—Appendix E prescribes the requirements for the Airline Transport Pilot (ATP) certificate for the following ratings:

·        Airplane single‑engine,

·        Airplane multiengine,

·        Rotorcraft helicopter, and

·        Powered‑lift.

f)        Flight Instructor Certification Course—Appendix F prescribes the requirements for the flight instructor certificate for the following ratings:

·        Airplane single‑engine,

·        Airplane multiengine,

·        Rotorcraft helicopter,

·        Rotorcraft gyroplane,

·        Powered‑lift, and

·        Glider.

g)      Flight Instructor Instrument (for an Airplane, Helicopter, or Powered‑Lift Instrument Instructor Rating, as Appropriate) Certification Course—Appendix G prescribes the requirements for the flight instructor instrument certificate for the following ratings:

·        Flight Instructor Instrument—airplane,

·        Flight Instructor Instrument—helicopter, and

·        Flight Instructor Instrument—powered‑lift.

h)      Ground Instructor Certification Course—Appendix H prescribes the requirements for the ground instructor certificate for the following ratings:

·        Ground Instructor—Basic,

·        Ground Instructor—Advanced, and

·        Ground Instructor—Instrument.

i)        Additional Aircraft Category or Class Rating Course—Appendix I prescribes the requirements for an additional aircraft rating for the following:

·        Airplane single‑engine,

·        Airplane multiengine,

·        Rotorcraft helicopter,

·        Rotorcraft gyroplane,

·        Powered‑lift,

·        Glider,

·        Lighter‑than‑air airship, and

·        Lighter‑than‑air balloon.

j)        Aircraft Type Rating Course, for Other Than an Airline Transport Pilot Certificate—Appendix J prescribes the requirements for an aircraft type rating for the following:

·        A type rating in an airplane category, single‑engine class,

·        A type rating in an airplane category, multiengine class,

·        A type rating in a rotor craft category, helicopter class, and

·        A type rating in a powered‑lift category.

2)      Special Preparation Courses—Appendix K prescribes the requirements for the following special preparation courses:

·        Pilot refresher course,

·        Flight instructor refresher course,

·        Ground instructor refresher course,

·        Agricultural aircraft operations course,

·        Rotorcraft external‑load operations course,

·        Special operations course, and

·        Test pilot course.

3)      Pilot Ground School Course—Appendix L prescribes the requirements for pilot ground school courses.

E.     Part 61 Amendments. If ground or flight time requirements are amended in part 61, at the time of renewal of the part 141 pilot school certificate, affected TCOs must be amended to meet these new training time requirements.

2-1072       DEMONSTRATION AND INSPECTION PHASE.

A.     Facilities and Training Aids. A pilot school is required to have certain facilities in order to obtain and maintain an FAA Form 8000‑4. Included in these facilities are the business office and main base of operations, pilot briefing areas, aeronautical knowledge training facilities, use of airports, and satellite bases.

1)      The applicant having ownership of the required facilities or by having a written agreement with the facility owners may show continuous use of facilities. A written agreement must state that the applicant has the required continuous use of the necessary facilities for at least 6 months from the date of the application for the initial certification or renewal of a school certificate.
2)      Each pilot school or provisional pilot school is required to maintain a principal business office with a mailing address the same as that on the school certificate. The purpose of a principal business office is to provide a specific location for the required school files and records, and a location where the operation of school business may be conducted. This requirement should not be construed to mean that all school functions, such as scheduling flights, training functions, etc., must be conducted at the principal business office.
a)      While part 141 does not require that a business office be a room with four walls and a door, the regulation does prohibit the sharing of a single business office by more than one pilot school. Therefore, walls or partitions to ensure separation from another pilot school’s activity should conspicuously isolate the business office.
b)      The business office should be situated so the required school files and student training records are kept up to date and available to students and instructors alike. This serves the purpose of providing on‑the‑spot information regarding training progress and other business interests.
c)      If the pilot school should choose to change the location of its business office or base of operations, the school is required to notify the jurisdictional FSDO in writing of the planned move at least 30 days prior to the change. Such written notice should be accompanied by a new application, FAA Form 8420‑8, Application for Pilot School Certificate, showing the change of address or the change in the base of operations as appropriate. In any case, the notice of a change of operating base must be accompanied by necessary amendments to approved TCOs.
d)      Primary category aircraft (PCA) are eligible for use for flight instruction.
3)      A school is required to have continuous use of a pilot briefing area at each airport where training flights originate. This does not include airports used as destinations for cross‑country flight training. The briefing area must meet the requirements of § 141.43. Pilots not participating in the school’s training programs can use the briefing facilities, provided that orderly school functions are maintained. However, no other pilot school may use the area during the period it is to be used by the applicant. Briefing areas are subject to FSDO approval under the provisions of § 141.43.
a)      To meet the requirements of § 141.43, the equipment should include a chalkboard and tables of adequate size to lay out aeronautical charts.
b)      If a school offers instrument or commercial pilot courses, it needs to have access to a Flight Service Station (FSS). A telephone in the briefing room is acceptable.
c)      To preclude a disruption of schedules due to excessive travel time and a lack of communications between the flight line, business office, and briefing area, the area should be located near enough to the airport where training flights originate.
4)      The FAA recognizes that pilot training methods differ from other kinds of training. Pilot schools enroll students with widely varying backgrounds, goals, and varying degrees of motivations and aviation experience. For this reason, it is understandable that it is not always possible to schedule large classes for aeronautical knowledge training at one time. Individual instruction is often necessary for maximum benefit to a particular student. Therefore, it is anticipated that FAA‑approved schools will use classrooms, small isolated rooms, training booths, or other areas with an instructor or a training aid, as appropriate. Each aeronautical knowledge training area is required to be heated, lighted, and ventilated to meet the applicable building code requirements for the area concerned. All ground instructional facilities are subject to approval by the jurisdictional FSDO under § 141.45.
5)      A certificate holder may use training aids to improve communication between instructors and students.
a)      Training aids are instructional aids defined by the National Education Association as “devices that assist an instructor in the teaching and learning processes by presenting, supporting, or supplementing material, usually intermittently. They are not self‑supporting.” The key factor is that such aids support, supplement, or reinforce.
b)      Identified in each course outline, training aids should be easily understood, readily visible, and compatible with the learning outcomes expected in the completion standards for the lesson. They must be accurate and appropriate to the course. The effectiveness of aids is judged by their organization, sequencing, pattern of logic, and their overall effectiveness when used in support of obtaining the objectives and standards prescribed by the training syllabus.
c)      Recent years have seen an abundance of excellent new material and techniques in training aids. The aids present many advantages for the school. Each school must keep in mind the teaching goals to be achieved, including the continuous monitoring of student progress necessary to develop effectively the knowledge of each student according to the training syllabus. Aids do not replace the instructor. It is not expected that students be sent off alone to learn from a training aid.
d)      Notwithstanding the complexity or design of a training aid, the chief instructor or an authorized, qualified representative must determine through personal review or testing that the standards for each lesson have been attained through use of the training aid. The purpose of this personal review or testing is to ensure that students meet the completion standards and understand missed questions, if a knowledge test is given. Only through such evaluation can the instructor make a sound determination that the student should progress to the next lesson or that the student requires review of subjects or procedures previously covered. This helps in determining the effectiveness of the training aid.
6)      An applicant for a pilot school or provisional pilot school certificate must show that it has the continuous use of each airport where training flights originate (airports where flights are dispatched or initiated).
a)      Airports that the applicant use must meet the requirements of § 141.38.
b)      Landing area outline lights, water area boundary lights, or temporary lighting such as flare pots or deployed portable electric runway lighting systems do not meet the requirements of § 141.38(e).
c)      Though the wind tee and tetrahedron may serve as landing direction or wind indicators, according to the FAA‑H‑8083‑25, Pilot’s Handbook of Aeronautical Knowledge, pages 12‑8 and 12‑9, the Aeronautical Information Manual (AIM) cautions against using the tetrahedron as a wind indicator (AIM page 4‑3‑4). The wind tee, under certain circumstances, may be either an active runway or wind indicator.
d)      When required, the traffic direction indicator (refer to § 141.38(d)) must show the direction of traffic patterns for all runways regardless of landing or takeoff direction.

NOTE: When referring to pilot schools approved for lighter‑than‑air balloons, the term “airport” should be taken to mean launch site. An important training element in balloon training is proper site selection. Before the launch of a balloon, an instructor authorized by the school must approve the site. The specific equipment requirements of § 141.37, (i.e., runway lights, traffic direction indicators, and wind direction indicators) are inappropriate for lighter‑than‑air balloon operations. Wind direction may be determined by means of a pilot balloon. The area downwind from the launch site should be free of obstructions for 100 feet for each knot of wind. For example, a 4‑knot wind requires a 400‑foot area free of obstruction downwind. Landing site selection will be determined by the pilot in command (PIC).

B.     Satellite Bases. A school may conduct aeronautical knowledge or flight training in an approved course of training at one or more satellite bases. An assistant chief instructor must be designated for each satellite base, and the airport, facilities, and personnel used at the satellite base must meet the requirements of part 141, including approval of the satellite base and its facilities in the approved TCOs for courses given at those bases.

1)      If a valid reason exists, training may be conducted for periods up to 7 days at a satellite base without approval of the jurisdictional FSDO. For example, runways may be closed at the main operations base for maintenance, or other activities may be underway on the airport. The jurisdictional FSDO must be notified in writing if training is conducted at a satellite base for more than 7 consecutive days.
2)      When the jurisdictional FSDO is notified that a school will conduct training at an unapproved satellite base for more than 7 consecutive days, an operations inspector should determine if the operations are of a temporary nature or if they will involve extended use of the unapproved base. If, in the opinion of the operations inspector, temporary use of the unapproved base will not derogate safety or the quality of training, temporary operations at that base may be authorized for a period of time not to exceed 30 days.
3)      If operations at the unapproved satellite base will exceed a period of 30 days, the school should apply to the jurisdictional FSDO for the approval of a satellite base on FAA Form 8420‑8. Along with the application, two copies of the appropriate amendments for each approved training course to be given at the satellite base must be submitted.
4)      Each satellite base that approval is requested for is inspected to ensure that each meets the requirements of part 141 and training, as described in each approved course of training, can be effectively accomplished. (See Volume 6, Chapter 7, Section 1, Conduct Facility Inspection of a Part 141 Pilot School.)
5)      If a satellite base is located in an area under the jurisdiction of another FSDO within the same region, the FSDOs involved must coordinate directly with each other.
6)      If the applicant intends to conduct training at a satellite base located in another FAA region, the FSDO where the applicant’s principal business office and main operating base is located is responsible for inspection and approval of the satellite base.
a)      The jurisdictional FSDO should request assistance through the regional office to make arrangements through the region where the satellite base will be located in certificating and providing surveillance of operations at the satellite base. In some FSDOs the geographic unit may be responsible for surveillance and inspection.
b)      If a region determines that it cannot provide such assistance because of inspector workload or other reasons, the region should make arrangements to allow the certificate‑holding district office (CHDO) to cross regional boundaries and conduct the necessary inspections and surveillance.
c)      When another region agrees to provide assistance in inspecting and surveying a satellite base, a copy of the school certificate and a list of approved courses, including a copy of each inspection report or any other action, must be furnished by the CHDO through regional channels.
d)      Coordination between all FSDOs where the school maintains a satellite base must be accomplished before issuance of the FAA Form 8000‑4.
7)      The inspector completing FAA Form 8420‑8 as shown in Figure 2‑63 accomplishes approval of the satellite base. One copy of the form may be returned to the applicant, and one copy is placed in the school files at the FSDO. Amendments to each course of training to be given at the satellite base are approved individually, as appropriate.
8)      When an application is disapproved, the applicant should be notified in writing (Figure 2‑64). This notification should include all of the reasons why the application was disapproved.
9)      When an operator plans to conduct training at a location other than the main base of operations for more than 7 consecutive days, the CHDO must notify the FSDO having jurisdiction over the area where training will be given. The new training location is not considered a separate school operating under the main base operating certificate number designation; a separate operating certificate is not issued. CHDOs should coordinate efforts to ensure that standardized certification of applicants within their FSDO area occurs and that the necessary work program functions are accomplished.

C.     Aircraft, Flight Simulators, and Flight Training Devices. As specified in §§ 141.39 and 141.41, each aircraft used by a school for pilot training is required to be a civil aircraft of U.S. registry. Training aircraft must be certificated in the standard airworthiness category except that aircraft used for a course of training in agricultural aircraft operations, external‑load operations, and similar aerial work operations (e.g., banner towing and sky writing) may be certificated in the restricted category. When a personal computer‑based aviation training device (PCATD) is used in an approved training course, the full extent of that use should be clearly stated in the training syllabus and the learning outcomes should be well defined. This is necessary to provide the instructor with proper guidance, and give the FAA a baseline from which to judge the adequacy of the device to be used. No other special airworthiness certificate is acceptable.

1)      Each aircraft used by a school for flight training must be inspected and maintained in accordance with 14 CFR part 91, §§ 91.409(b) (applies to aircraft used to give flight instruction for hire), 91.409(c)(2), or 91.409(d) or (e).
a)      This requires aircraft used in an approved course of training to have 100‑hour and annual inspections or to be maintained following a procedure prescribed under § 91.409(c)(2).
b)      It should be clearly understood that these inspection requirements include aircraft used for dual instruction, solo, and PIC flights.
c)      Aircraft to be used by pilot schools will be inspected by an airworthiness inspector.
2)      When a student enrolled in an approved school provides an aircraft for personal use in an approved course, that aircraft must meet the requirements of the training aircraft described in the appropriate TCO. In addition, that aircraft must meet the same inspection requirements as aircraft operated by the approved school.
3)      Aircraft used for instrument training should be equipped as follows to meet the requirements of part 141:
a)      If the approved training syllabus requires flights under instrument flight rules (IFR), the aircraft used must be one in which instrument flight is authorized by its operating limitations and by its equipment.
b)      If the approved training syllabus requires only simulated IFR operations, the aircraft must be equipped and maintained for IFR operations. However, IFR operations need not be authorized by its operating limitations.
c)      An aircraft not completely equipped for IFR operations may be used for instruction in the control and maneuvering of an aircraft by reference to instruments if it is approved in the TCO. For example, an airplane need only be equipped with appropriate flight instruments needed for the basic instrument portion of a course.
4)      The commercial pilot certification course (airplane), set forth in part 141, appendix D, requires flight instruction in an airplane with retractable gear, flaps, and controllable propeller.
a)      Single or multiengine airplanes may be used to fulfill this requirement. Use of an appropriately equipped multiengine airplane to meet the complex airplane requirements for a commercial single‑engine airplane certificate does not result in the issuance of a multiengine rating.
b)      If a school applies for a commercial pilot certification course (airplanes) with a seaplane‑class rating (using seaplanes for the entire course), a special curriculum should be submitted under § 141.57 that includes the general requirements of Appendix D, Commercial Pilot Certification Course. The complex airplane used in such a course must have flaps, a controllable propeller, and floats. The use of an amphibian airplane in a commercial pilot certification or course could qualify a student for both a land and sea‑class rating, provided the TCO was so approved.
5)      A variety of airplanes is used in pilot training. Some are uncomplicated while others are more complicated, and their checklists vary accordingly. The requirements for a checklist defined in the terms of “pretakeoff” and “prelanding” in § 141.75(a) are broad and allow less complicated aircraft to be equipped with relatively simple checklists. The FAA expects (because of good operating practices) that schools should expand checklists for aircraft that are more complicated.
6)      Under § 141.75, when the manufacturer provides a pilot’s operating handbook or aircraft flight manual, it must be carried aboard the aircraft. (A school may elect to issue copies of aircraft checklists and handbooks to students.) The primary purpose of carrying the handbook aboard the aircraft is to provide the pilot with information such as performance data, servicing instructions, and weight and balance information. Some handbooks contain checklists that may be useful in developing a standard checklist. They should be available to the pilot during emergency procedures training or an actual emergency, particularly when there is only one pilot aboard the aircraft.
7)      The training syllabus should clearly state the full extent that an approved training course uses a PCATD. The objectives to be achieved in using the PCATD should be well defined.
a)      Section 141.41(a) prescribes the requirements that may be used to obtain the maximum flight training credit allowed for flight simulators in an approved pilot training course.
b)      Section 141.41(b) provides for the use of flight training devices (FTD) that do not meet the more complex requirements of § 141.41(a). A large number of training devices currently being used by pilot schools do not meet all of the requirements proposed in § 141.41(a). In recognition of the fact that these devices can be used to provide effective instruction in certain operations, provisions for their use have been made. Once again, however, it is imperative that the training syllabus clearly defines their use.
c)      Because of limitations, full credit against flight time is not allowed for instruction in FTDs not meeting all of the requirements proposed in § 141.41(a). The provisions in part 141 allow credit for instruction in FTDs for a certain percentage of the credit of the training time.
d)      Discretion must be used when approving a training syllabus that substitutes instruction in an FTD or flight simulator for the flight time required in a complex airplane. Any use of a flight simulator or FTD in lieu of flight time in a complex airplane must be justified with clearly stated objectives in the training syllabus that are applicable to the skills expected to be learned in a complex airplane. Approval of the TCO must be based on the ability of the flight simulator or FTD to provide effective training for a complex airplane.
e)      Guidance from the National Simulator Team in Atlanta, Georgia, may be needed to approve a school’s simulators.
f)        In addition to the permitted use of flight simulators and FTDs that are covered in the appendixes of part 141, part 61, § 61.4 also covers the approval of flight simulators and FTDs.

D.    Flight Instructor Responsibilities. Part 141 requires all flight instructors employed by a school to be qualified to teach each course of training they are assigned. Certain knowledge and proficiency tests, to be accomplished before being assigned to an approved course of training, are also prescribed.

1)      The instructor must satisfactorily accomplish a flight check for each course of training taught.
a)      This flight check is given to the instructor by the designated chief instructor, assistant chief instructor, or check instructor.
b)      The instructor must accomplish a flight check every 12 months thereafter for each course of training the instructor participates in.
c)      The pilot school must maintain a record of these flight checks to show compliance with § 141.79(d).
2)      The instructor must satisfactorily accomplish a one‑time practical test in each type of aircraft (e.g., Cessna 150, Cessna 172) before giving any flight instruction in the particular aircraft.
3)      The chief instructor, assistant chief instructor, or check instructor must brief all instructors teaching that course on the objectives and standards of the course.
a)      The pilot school must maintain a record verifying this briefing to show compliance with §§ 141.79(d) and 141.81(c).
b)      At any time, an inspector may ask an instructor to explain the objectives and standards of an approved course.
4)      The instructor must maintain records of instructor briefings and instructor practical tests in either a logbook or in the permanent school records at the home base of operations.
5)      Student pilots cannot be authorized to start a solo practice flight from an airport until an authorized flight instructor, who is present at the airport, has approved the flight. Solo cross‑country flights, when properly dispatched from the originating airport, are considered to have approval for the entire flight (§ 141.79(b)).
a)      If unexpected weather or mechanical problems delay a student en route or a student intends to remain overnight, the school should either:

·        Arrange for another instructor based at the point of delay to dispatch the flight, or

·        Have a school instructor dispatch the flight by telephone.

b)      Cross‑country flights should be made to specific airports that the school determines are suitable. The operator may wish to provide students with a list of these suitable airports or include the list in the appropriate TCO.

E.     Other School Personnel. Section 141.33 states that an applicant for a pilot school or provisional pilot school certificate must show that there are adequate personnel and authorized instructors, including a chief instructor, for each course of training. All instructors (flight or ground) must be qualified and competent to perform their assigned duties.

1)      In addition, each dispatcher, aircraft handler, line crewman, and serviceman to be used must have been instructed in the procedures and responsibilities of employment. The inspector should recommend that the pilot school keep a record of this instruction in the employee’s personnel file.
2)      A pilot school may elect to use verbal instructions, manuals, or any other means to ensure that dispatchers, aircraft handlers, line crewmen, and servicemen are knowledgeable and capable of performing their assigned duties. A school needs to provide only the employees necessary to conduct training adequately.

2-1073       CERTIFICATION PHASE.

A.     Ratings. FAA Form 8000‑4 must list the various training course ratings for which a pilot school/provisional pilot school qualifies for a special curriculum under §§ 141.11 and 141.57, if applicable. These ratings do not specifically address each approved course of training that a school may be authorized to give. Under the broad listing of ratings found in §§ 141.11 and 141.57, if applicable, a school could be authorized to conduct nearly a hundred different courses.

B.     Approved Courses. The certification team issues a list on approved courses of training, identifying each authorized course by its title, with the FAA Form 8000‑4. All courses must conform to the ratings listed in § 141.11.

1)      The list is typed on FAA stationery, in a format similar to that shown in Figure 2‑65, and signed by the FSDO manager. The original is given to the school and a copy placed in the FSDO file.
2)      If a list of approved courses is amended, the original is returned to the jurisdictional FSDO. The list remains in effect until it is amended or the school certificate is expired, surrendered, suspended, or revoked.

2-1074       SCHOOL ENROLLMENT AND GRADUATION.

A.     Enrollment. When a certificate holder enrolls or reenrolls a student in an approved course of training, § 141.93 requires the student be furnished the following information and materials:

1)      A certificate of enrollment containing the name of the course the student is enrolled in and the date of enrollment.
2)      A copy of the training syllabus required under § 141.55(c)(7).
3)      A copy of the safety procedures and practices developed by the school, such as procedures for the use of training aids, off‑limit areas, handling of aircraft, parking instructions, and other safety instructions that the school deems necessary. These safety procedures must include the following:
a)      The weather minimums required for dispatching dual and solo flights. For example, minimum ceiling visibility and wind velocities for local flights and specific weather minimums for cross‑country flights;
b)      The procedures for starting and taxiing aircraft on the ramp;
c)      The precautions and procedures for aircraft fire;
d)      The redispatch procedures after unplanned landings on and off airports. This should include emergency security of the aircraft and a list of telephone numbers of persons to contact;
e)      The procedures for listing aircraft discrepancies and how corrective action is taken, including the importance of not using an aircraft with a listed discrepancy until a properly qualified person determines its airworthiness;
f)        The securing of aircraft when not in use;
g)      The fuel reserves necessary for local and cross‑country flights;
h)      The avoidance of other aircraft in flight and on the ground;
i)        The minimum altitude limitations certain minimum altitudes may be specified for teaching and practicing stalls or other maneuvers;
j)        The instructions concerning simulated forced landings. Instructions should be clear on simulated emergency landings with respect to engine cooling down during prolonged glides, engine response with rapid throttle application, and a specific minimum altitude for terminating simulated emergency landings and other instructions deemed necessary by the school;
k)      The assigned practice areas, including descriptions and diagrams of the areas and special instructions with respect to how to operate in them, how to get to them, and minimum altitudes en route; and
l)        Any instructions or guidance that the school believes necessary to provide the highest standards of safety and operational control expected of an FAA‑approved school.

B.     Credit for Previous Training. When a student transfers from one FAA‑approved school to another approved school, course credits obtained in the previous course of training may be credited in accordance with § 141.77 by the receiving school. However, the receiving school must determine the amount of credits to be allowed by flight check or knowledge test or both. Credit for ground school only instruction may be determined by an oral examination.

1)      A student may not be credited with more training by the receiving school than was credited at the school the student transferred from.
2)      A student who enrolls in a course of training may receive credit for 25 percent of the curriculum requirement for knowledge and experience gained in a noncertificated flight school.
3)      The amount of credit for previous training allowed, whether received from an FAA‑approved school or other source, must be placed in the student’s enrollment record at the time of enrollment.
4)      Transferred documentation must be made a part of the receiving school’s permanent record.
5)      When a student transfers from one FAA‑approved school to another, or terminates training for any reason, the student must be given, upon request, a transcript of the results of the student’s participation in that course of training. This transcript should be signed by the chief instructor of the course and should consist of at least the following:

·        Name of the school that gave the training, including the school’s certificate number, if applicable;

·        Kind of training given (dual, solo, aeronautical knowledge school, PCATD, time, etc.);

·        Course or courses taken;

·        Result of each stage and final test given; and

·        Statement that the student was enrolled in that school’s approved course of training before receiving the certified instruction and training.

C.     Training Records. Each pilot school and provisional pilot school must keep accurate and current records of each student’s participation and accomplishments in an approved course.

1)      A student’s personal logbook is not considered an acceptable record under § 141.101.
2)      For each student, the training record should include:

·        The date of the student’s enrollment.

·        A chronology of the student’s attendance, subjects, and flights.

·        The names and grades of any tests taken.

·        The date of graduation, termination of training, or transfer.

3)      The record should also show the credit allowed for a student transferring from another school, if applicable.
4)      Whenever a student graduates, terminates training, or transfers, the chief instructor must certify the record.
5)      Pilot schools must retain each student’s record for at least 1 year from the date the student graduates, terminates a course, or transfers to another school.
6)      On a student’s request, a pilot school must make a copy of a student’s record available to the student. The pilot school must also permit the FAA to view any or all student records upon request.

2-1075       RENEWAL, AMENDMENT, CANCELLATION.

A.     Renewal. A pilot school or provisional pilot school certificate, and any associated ratings or examining authority on that certificate, expires at the end of the 24th month after the month it was issued.

1)      Application for renewal of an FAA Form 8000‑4 must be made at least 30 days before the certificate expires.
a)      Application is made by submitting two copies of FAA Form 8420‑8, completed as shown in Figure 2‑66.
b)      A school may apply for the renewal of any or all ratings it holds, or it may apply for the addition of a new rating.
c)      Examining authority should be renewed at the same time the school certificate is renewed.
2)      A school must meet the same requirements for renewal as for original certification. Therefore, upon the receipt of an application for the renewal of a school certificate, the jurisdictional FSDO should conduct the same evaluation of qualifications and inspection of facilities as required for original certification. However, if the FSDO is very familiar with the school’s operation or has recently inspected it, there may be no need for an extensive reinspection or for reexamination of instructors. The FSDO always has the option of a full inspection.
3)      When all requirements are met, a new FAA Form 8000‑4 is issued and is valid for additional 24 calendar‑months. The original certificate number is reissued and the provisional pilot school’s enhanced Vital Information Database (eVID) is appropriately updated.
a)      If a pilot school (as defined in the regulations) does not meet the quality of training requirements of § 141.5(d) at the time of renewal, the FSDO issues a new certificate for a provisional pilot school and the eVID is updated to reflect the change. A school with examining authority and/or reduced time courses loses examining authority and/or reduced time courses when downgraded to a provisional school.
b)      If, after another renewal period (24 calendar‑months), the school still does not meet the requirements of § 141.5(d), the school must wait a period of 180 days before reapplying for certification as a provisional school. All training conducted during that 180 days must meet the requirements of part 61, including passing knowledge and practical tests for certificates or ratings.
4)      In the event any requirement for a specific rating or approved course of training is not met, the ratings for all requirements that are met may be renewed and a new certificate issued bearing only these ratings.
a)      If renewal of a rating is denied or a course of training does not meet the appropriate requirements, the applicant is notified in writing of the reasons for the denial of the rating.
b)      In addition, the school must be advised, in writing, to discontinue instructing any course of training in question until appropriate changes are made and the courses again meet the requirements of part 141 (Figure 2‑67).
5)      If there are no changes to the list of approved courses at the time of renewal, there is no need to reissue the list. However, if courses are added or deleted at the time of renewal, a new list of approved courses is issued. If a school has examining authority and is downgraded to a provisional school, the list of approved courses must be reissued with the indication of examining authority removed from the appropriate courses.

B.     Amendment. Application for amendment of an FAA Form 8000‑4 is made to the jurisdictional FSDO. The FAA can also initiate the amendment under Title 49 of the United States Code (49 U.S.C.) and 14 CFR part 13.

1)      Application for the approval of a course of training that results in the addition of a rating to an FAA Form 8000‑4 is made by submitting two copies of FAA Form 8420‑8 with the amendment checked as shown in Figure 2‑68, two copies of the course of training, and a cover letter requesting approval of the course.
a)      After review of the course, an inspection of the school’s facilities and personnel should be made, as necessary, to ensure that training can be conducted in accordance with the proposed course, before it is approved.
b)      If the school inspection is satisfactory, a new FAA Form 8000‑4 bearing the new ratings will be issued, along with an amended list of approved courses. The amended certificate should bear the original number, the original expiration date, and the reissue date.
2)      An application for the deletion of a rating from an FAA Form 8000‑4 may be accepted in the form of a letter from the certificate holder.
a)      Such a letter must be signed by a person authorized to sign for the school, such as the person who signed the original application or a person in a similar position in the school.
b)      No inspection is required for deletion of a rating.
c)      The FSDO issues a new certificate bearing the original number, the original expiration date, and a reissue date. The deleted rating is omitted from the certificate and a new list of approved courses is issued. The old certificate should be retained in the FSDO school file for 2 years.
3)      A change in the ownership of a pilot school does not terminate that certificate if the new owner applies for an appropriate amendment to the certificate by submitting two copies of FAA Form 8420‑8 within 30 days after the date that the change in ownership occurs. The new ownership may not involve a change in the facilities, instructor personnel, or training course.
4)      A change of ownership involving a change in the school facilities, instructor personnel, or training courses terminates the school certificate. The school may be issued another certificate when it demonstrates that it meets all the requirements for original certification.
5)      When a certificated school changes its name only, and the name change involves no change in ownership, facilities, instructor personnel, or training courses, a new certificate is issued in the new name, bearing the same certificate number, ratings, and original expiration date. An inspection is not required under such circumstances.
6)      An application for an amendment to a previously approved special curriculum or TCO is made by submitting two copies of the curriculum or outline pages to be amended to the jurisdictional FSDO.
a)      Each proposed amendment should be accompanied by a cover letter explaining the basic changes, the intent, and requesting FAA approval.
b)      Approval or disapproval is accomplished in the same manner as the original approval or disapproval.
c)      If a certificate amendment requires an inspection of the aircraft to be used, all specialists should sign FAA Form 8420‑8 under the “Recommendations of Inspector(s)” block.

C.     Cancellation. An FAA Form 8000‑4 can be canceled by the school or by the CHDO as the result of actions taken under 49 U.S.C. and part 13.

1)      The jurisdictional FSDO may suspend or revoke FAA Form 8000‑4 on any grounds that would be a cause for denying an application for the original certificate. In such a case the certificate must be surrendered to the FAA in a manner prescribed by the regional counsel.
2)      The holder of an FAA Form 8000‑4 may request cancellation of the certificate or any rating at any time. The request should be submitted in writing to the jurisdictional FSDO, accompanied by the FAA Form 8000‑4 to be canceled. The request must be signed by the person or persons authorized to sign for the certificate holder.
a)      If there is no violation action pending or contemplated against the school, the FSDO may accept the certificate for cancellation.
b)      If enforcement action is pending or contemplated, the applicant should be advised that acceptance for cancellation must await the decision of the regional counsel and that the school will be notified of the action taken. The school’s request should then be forwarded to the regional counsel’s office with a summary of the circumstances under which it was submitted. Cancellation should be effective only after clearance is received from that office.
3)      If a request for the surrender of a rating or ratings on an FAA Form 8000‑4 is accepted, a new certificate should be issued bearing the ratings that remain valid and the original expiration date.

2-1076       REQUIRED REPORTING OF SCHOOL GRADUATION RECORDS.

A.     Graduation Records. Approved schools (i.e., schools that are approved under part 141) are required to submit reports electronically of school graduation records on students who complete the school’s approved training program to: Federal Aviation Administration (FAA) Airman Testing Standards Branch (AFS‑630). This paragraph provides information and guidance to part 141 schools on the standardized process for submitting these required reports of school graduation records on students who complete the school’s approved training program.

B.     Formalization of Procedures. The purpose of this paragraph is to formalize procedures for the collection of school graduation records to be used in the development of a part 141 norms report. A school’s norms report will be used to monitor school performance and determine whether schools meet the quality of instruction provisions of § 141.83(a).

C.     Validation of Certification Process. On January 14, 2000 the Director, Flight Standards Service (AFS‑1) authorized AFS‑630 to collect and analyze knowledge and practical testing data for validation of the certification process. The initial school’s norms reports will provide information relating to the competence and knowledge of Private Pilot‑Airplane (PAR), Commercial Pilot‑Airplane (CAX), and Instrument Rating Airplane (IRA) program graduates who take the airman knowledge tests. The reports will indicate school pass rates and school average scores on general subject areas covered on the associated airman knowledge tests. The school norms report will be published on the Internet for feedback to the reporting schools and flight standards community. No sensitive or confidential information related to individual test scores will be published or otherwise distributed. Future reports will assess the validity and reliability of other airman knowledge and practical tests.

D.    School Completion Data. Because test applicants report school completion information infrequently, it has become necessary to establish a process to include this data in the airman testing standards (ATS) database. System requirements for submission of school completion data to AFS‑630 were outlined in a memorandum dated March 28, 2000, from the manager of the Regulatory Support Division, AFS‑600.

E.     School Completion List Policy. The following policy guidelines and procedures apply to submission of school completion lists from part 141 schools.

1)      change barAll part 141 schools will electronically transmit a course completion list to AFS‑630 within 5 days of completion of the following ground school programs: PAR, CAX, and IRA. The list will be electronically transmitted through a secure network at the following Internet Web site: http://av-info.faa.gov/sgl/. All certificated schools will complete a registration screen located at the above web site. Each school will designate a primary contact who will assign authorized user names and passwords to additional school personnel with data entry responsibilities. The primary contact will ensure that each active account is properly maintained. Only authorized users will be able to access this data. Either Internet Explorer or Netscape (version 4.0 or above) browsers are required to complete data entry.

NOTE: Schools without Internet access should contact AFS‑630 for alternate guidelines on registration and submission of school completion lists. A form that can be scanned will be sent to the school, and the completed lists will be mailed to: FAA Airman Testing Standards Branch, AFS‑630, P.O. Box 25082, Oklahoma City, OK 73125.

2)      Schools will supply the following information at registration: school type, school name, certification number, primary contact name and phone number, and authorizing FSDO or International Field Office (IFO). After receipt of an authorized user name and password, this data need not be resubmitted on subsequent transmissions, unless the information has changed.
3)      When submitting a course completion list, the school will be able to enter the student information, print the completed list, and forward to the appropriate FSDO, if applicable. Editing capability will be available to correct and/or update lists once they have been submitted.
4)      Specifications for the required data fields that are to be submitted are as follows:

·        Registration data,

·        School type,

·        School name,

·        School certificate number (8‑digit alphanumeric),

·        School primary contact (last name, first name, middle initial),

·        Phone number (10‑digit numeric),

·        Authorized FSDO/IFO, and

·        School completion list:

·        Current date (8‑digit numeric—mmddyyyy),

·        Training course 3‑digit identifier: PAR, CAX, or IRA,

·        Date of completion (8‑digit numeric—mmddyyyy),

·        Student’s name (last name, first name, and middle initial), and

·        Student’s Social Security Number (SSN) (9‑digit numeric).

·        Student’s date of birth (8‑digit numeric—mmddyyyy).

Note:       Date of Birth (8 digits) may be entered in lieu of SSN.

F.      change barFSDOs and Aviation Safety Inspectors. FSDOs and aviation safety inspectors (ASI) who have duties and responsibilities of oversight of part 141 approved schools must notify their assigned schools of the requirements of this reporting. ASIs will ensure that their assigned school(s) electronically transmits the graduation records of students who complete the school’s approved training program to AFS‑630. Transmitted graduation records can be viewed at the following Internet Web site: http://av-info.avs.faa.gov/sglinspector/InspectorLoginList.asp.

2-1077       PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. Requires knowledge of the regulatory requirements of part 141 and FAA policies, and qualification as an ASI (Operations).

B.     Coordination. Requires coordination with the airworthiness unit, the Aviation Data Systems Branch (AFS‑620); AFS‑630; and possibly the National Simulator Program (AFS‑205).

2-1078       REFERENCES, FORMS, AND JOB AIDS.

A.     References (current editions):

·        14 CFR parts 1, 11, 61, 91, 97, and 141,

·        Advisory Circular (AC) 120‑40, Airplane Simulator Qualification, and

·        AC 141‑1, Pilot School Certification.

B.     Forms:

·        FAA Form 8000‑4, Air Agency Certificate (Figure 2‑5), and

·        FAA Form 8420‑8, Application for Pilot School Certificate (Figures 2‑63, 2‑66, 2‑68, and 2‑69).

C.     Job Aids:

·        Sample letters and figures, and

·        Job Task Analysis (JTA): 3.4.7, 3.4.9, 3.4.11, 3.4.13, 3.4.17, 3.4.18, 3.4.20, 3.4.21, 3.4.22, and 3.4.23.

2-1079       PREAPPLICATION PHASE PROCEDURES.

A.     Initial Inquiry. Upon initial inquiry from an applicant, determine the following:

·        The identity of applicant and address of the principal base of operations,

·        Any intended satellite base,

·        The type of ownership (private, corporate, etc.),

·        The proposed curriculum,

·        The types of aircraft,

·        The intended chief instructor and that instructor’s experience level,

·        The possible use of PCATDs,

·        The possible use of commercially produced syllabuses,

·        If the operator intends to request examining authority for renewing or amending only, and

·        If the operator intends to use contract training.

B.     Applicant Resources. Ensure the applicant has current copies of parts 61, 91, and 141 and AC 141‑1. If there is any question, explain:

·        The general applicability and definition of terms.

·        The certification requirements.

·        The operating rules of part 141.

·        The required records and reports.

C.     PTRS. Open PTRS file.

D.    Letter of Intent. Request a letter of intent from the applicant. (See subparagraph 2‑1079E below for content of letter of intent and Figure 2‑70 for a sample.)

E.     FSDO Review of Letter of Intent. Within 30 working days of the FAA’s receipt of a letter of intent, review it to determine that it provides sufficient information for the certification process to continue. The letter of intent should contain the following:

·        A statement of intent to become an approved pilot school under part 141,

·        Company legal name and any doing business as (DBA) name, principal operations base address, primary airport address, mailing address (if applicable), and telephone numbers,

·        Makes and models of aircraft, how many of each, and N‑numbers,

·        Estimated date when operations will begin,

·        Training courses to be offered,

·        Name and qualifications of the proposed chief instructor and any assistant chief instructors,

·        Intent to use simulators/training devices,

·        Intent to use personal computers for knowledge testing (for examining authority only), and

·        Three, three‑letter designators (in order of preference).

F.      Application. Based on the review of the letter of intent, if the applicant appears to meet the basic eligibility requirements, give the applicant at least three copies of FAA Form 8420‑8.

1)      Discuss how to complete these forms. Advise the applicant to review AC 141‑1 and the regulations before completing and returning the application to the jurisdictional FSDO.
2)      Advise the applicant to submit the original and copies with original signatures.
3)      Explain the certification process to the applicant, including the requirements for:

·        The Preapplication Phase,

·        The Formal Application Phase,

·        The Document Compliance Phase,

·        The Demonstration and Inspection Phase, and

·        The Certification Phase.

G.    Preapplication Meeting.

1)      Determine if a preapplication meeting is necessary, based on the following considerations about the applicant:
a)      Any previous part 141 operating experience;
b)      The size and scope of operation;
c)      The area of operation; and
d)      The applicant’s apparent ability to comply with requirements.
2)      If a preapplication meeting is not necessary, schedule a date and time for a formal application meeting.
3)      If a preapplication meeting is necessary, schedule a date and time. At the meeting, discuss the following:

·        The area of operation (primary airport and any satellite bases),

·        The operation as an individual, corporation, or partnership,

·        Any previous experience with part 141 operations,

·        The categories and classes of aircraft to be used in training courses,

·        The number and types of training courses to be offered,

·        The possible need for any waivers or exemptions,

·        The qualifications and experience of instructors,

·        The applicability of parts 61, 91, and 141,

·        AC 141‑1, and

·        Any previous or pending enforcement actions against the applicant or proposed personnel.

H.    Establish a FSDO Working File. This file will form the basis for the eventual operator file if certification is successful. Place any correspondence, documents, etc., in this file.

I.       Other FSDO Actions. Follow office procedures to contact the Enforcement Information System (EIS) and Accident Incident Data System (AIDS) to determine the applicant’s enforcement and accident history as well as that of the proposed chief instructors and any other proposed management personnel.

1)      If a certificate suspension or revocation is in effect, inform the applicant in writing (Figure 2‑71) that until the enforcement action is fulfilled, the applicant is ineligible for certification.
2)      Place the EIS/AIDS output in the file.

J.      Terminating the Preapplication Phase. This ends the preapplication phase. The formal application phase begins with the receipt of the completed application form.

2-1080       FORMAL APPLICATION PHASE PROCEDURES. Within 30 working days of receiving an application, the certification team should review it and determine whether it is of sufficient quality to proceed with certification.

A.     Application Review. Review the application only to determine if it is of sufficient quality to continue with certification (i.e., the applicant supplied enough information on the application and/or letter of intent). Review it in depth during the document compliance phase. An example of a properly completed application for an initial certification is shown in Figure 2‑69.

B.     Application Incomplete or Inaccurate. If the application is not complete or not accurate, notify the applicant in writing (Figure 2‑72) of changes needed before certification can continue. Return the application for any necessary corrections.

C.     Need for Formal Application Meeting. Determine if the optional formal application meeting is necessary.

1)      If a formal application meeting is not necessary, schedule the certification inspections. Review the procedures required during the demonstration and inspection phase with the applicant.
2)      If a formal application meeting is necessary, schedule a date and time.

D.    Formal Application Meeting.

1)      Discuss the following items that would have been covered in a preapplication meeting, if none was conducted:

·        The application.

·        The schedule of events, if applicable.

·        The TCOs and syllabuses.

·        The personnel, aircraft, and facility requirements.

·        The simulator/training device approval requirement.

·        An inspection of facilities related to any contractual training agreements.

·        Section 141.23, Advertising limitations.

2)      Discuss any discrepancies in the application and their corrective actions.
3)      Discuss the requirements that must be met during the demonstration and inspection phase.

E.     Terminating the Formal Application Phase. This completes the formal application phase. The next phase is the document compliance phase.

2-1081       DOCUMENT COMPLIANCE PHASE PROCEDURES. After accepting the application, the team ensures each document is complete and correct through an in‑depth review.

A.     Document Review. The certification team evaluates the following items.

1)      Check the Application. (Note that the blocks on the application are not numbered.) Check that the application contains the following information (beginning with upper left corner):
a)      The legal name and any appropriate DBA of the proposed school, telephone number, address of the principal business office, location of the main operations base, and the location of any satellite bases;
b)      Whether the application is for original issuance, approval of satellite base, or change of name or ownership, appropriate boxes should be marked for issuance, renewal, or amendment of the certificate;
c)      An indication of the training courses for which approval is sought. Check the space provided on the reverse of the form for additional courses;
d)      The application is signed and dated in the last section by the applicant or authorized officer (original signatures on each application form):

·        A person acting as an individual should personally sign the application.

·        All partners should sign an application from a partnership.

·        An officer who is authorized by the corporation by‑laws and certified by the corporate secretary should sign an application from a corporation.

·        The president or other such officer or director should sign an application from a company, club, or association, as authorized by the organization’s secretary.

e)      The next section is for FAA use only. Confirm that the applicant did not mark it.
2)      Check the qualifications of all proposed chief instructors, assistant chief instructors, and check instructors for each course that approval is sought for and the qualifications of all other instructors. See §§ 141.35, 141.36, and 141.37.
a)      If not already accomplished, following office procedures, contact EIS to determine the chief instructor’s, assistant chief instructor’s, and other instructors’ enforcement, accident, and incident histories.
b)      Verify employment history pertaining to parts 61 and 141, and other related aviation experience.
3)      Evaluate the TCOs. (See Volume 3, Chapter 53, Section 2, Approve Training Course Outlines for a Part 141 Pilot School.)
4)      Evaluate any commercially developed or FAA/Industry Training Standards‑developed training syllabuses. Ensure that:

·        The school fully understands the objectives and standards of the commercially‑developed or FAA/Industry Training Standard‑developed training syllabuses.

·        The school can actually give the training in the manner described in the syllabus.

·        The syllabus contains all required pilot operations for the related course.

·        The syllabus and related training aids are on a current revision schedule.

5)      Evaluate the Special Curriculum. Special curriculums developed under § 141.57 must be evaluated with flexibility in mind. Special curriculums may be used in experimental curriculum under research and development. When approving special curriculums, the inspector must ensure that the curriculums cover the aeronautical knowledge areas and flight proficiency areas of operations listed in the appropriate appendixes of part 141. The inspector must determine that objectives, content, and completion standards are not less than those contained in the appropriate practical test standards.
6)      Check the aircraft checklists, minimum equipment lists, safety practices and procedures, etc., when applicable. (See §§ 141.75 and 141.95.)
7)      Check the graduation certificates required by § 141.95 to ensure that they contain at least the information indicated in § 141.95(b).
8)      Ensure that the applicant can track enrollment information (i.e., that the student was enrolled in the school’s approved course of training before receiving the instruction and training that is certified).
9)      Review the maintenance program (airworthiness).

B.     Unsatisfactory Items. If there are any unsatisfactory items, advise the applicant in writing that they must be corrected before certification can continue.

1)      Place a reasonable time limit on when the corrections must be completed.
2)      If the applicant does not respond within 90 days of the time limit, send the entire application package back to the applicant with a cover letter stating that the certification process is terminated.
3)      Put appropriate work entry in PTRS.

C.     Terminating the Document Compliance Phase. When all documents are satisfactory, conclude the document compliance phase and arrange scheduling for the demonstration and inspection phase.

2-1082       DEMONSTRATION AND INSPECTION PROCEDURES. During the demonstration and inspection phase the team must ensure these steps are accomplished:

A.     Conduct Chief Instructor Practical Tests. Administer practical test to the chief instructors and any assistant chief instructors. (See Volume 5, Chapter 12, Section 1, Conduct a Chief/Assistant Chief Instructor Practical Test for Federal Aviation Regulations Part 141 Pilot School.)

B.     Recordkeeping Requirements. Inspect the applicant’s recordkeeping system for compliance with §§ 141.67, 141.77, 141.85, 141.93, and 141.101.

C.     Inspect Aircraft. The airworthiness inspector conducts the aircraft conformity inspection. Operations inspectors may examine each aircraft for the requirements of § 141.75.

D.    Conduct a Base Inspection. See Volume 6, Chapter 7, Section 1, Conduct Facility Inspection of a Part 141 Pilot School.

E.     Inspect Satellite Bases. See Volume 6, Chapter 7, Section 1, and § 141.91.

F.      Inspect Flight Simulators, FTDs, Training Aids, and Other Equipment. See §§ 141.41 and 141.45. If a simulator must be approved, contact AFS‑205.

G.    Terminating the Demonstration and Inspection Phase. When all demonstrations and inspections are complete, the demonstration and inspection phase is concluded.

1)      If any demonstrations are unsatisfactory, advise the applicant immediately of corrective actions. If necessary, confirm the discrepancies in writing (Figure 2‑73). Reschedule the inspections accordingly.
2)      When all demonstrations and inspections are satisfactory, proceed with the certification phase.

2-1083       CERTIFICATION PHASE PROCEDURES. When all certification requirements have been met, obtain an air agency certificate number. (See Volume 2, Chapter 1, Section 3.)

A.     Complete Inspection Reports and Job Aids.

1)      On the application, in the section marked, “For FAA Use Only,” indicate approval, provisional pilot school or pilot school, effective date of the certificate, and expiration date of the certificate. Indicate if the task was a renewal or amendment to a certificate, if applicable. Make any necessary comments and sign the application. The POI assigned to that pilot school will then sign and date the application.
2)      Ensure all items on the certification/inspection job aid are resolved. Initial the job aid and place in the FSDO file.

B.     Prepare and Issue the Air Agency Certificate. Use FAA Form 8000‑4 (Figure 2‑5).

1)      Enter the certificate holder’s full legal name directly below the words “This certificate is issued to.” Show other names (such as any DBA) on the certificate. If necessary, list DBAs on a separate, attached letter (Figure 2‑74).
2)      Enter the address of the certificate holder’s base of operations directly below the certificate holder’s name. Use a post office box address only if the address reflects the physical location of the base of operations.
3)      Enter the certificate number, as obtained in Volume 2, Chapter 1, Section 3, on the certificate.
4)      Enter the date all requirements for certification are met.
5)      Enter the four‑character, alphanumeric designator and city and state of the jurisdictional FSDO under the signature line of the form (for example, EA18, Richmond, VA).
6)      Submit the certificate to the FSDO manager for signature.
a)      Use the full title of the person signing the certificate.
b)      Enter the acronym of the region, the FSDO acronym and number in the “region/office” space (for example, WP FSDO 04).

C.     Prepare List of Approved Courses. Prepare a list of approved courses (Figure 2‑65) and issue with the air agency certificate.

D.    Certificate Denial. If any certification requirement is not met, issue a letter of denial (Figure 2‑75). Specify reasons for denial. On the application, in the section “For FAA Use Only” indicate disapproval. Make any necessary comments and sign. Have the FSDO manager sign and date the application.

E.     Certification Report. Assemble a certification report containing the following:

·        A copy of the letter of intent, if applicable,

·        A certification job aid (Figure 2‑76),

·        The application,

·        The schedule of events (Figure 2‑77),

·        A copy of the Air Agency Certificate issued, and

·        A summary of any difficulty encountered during certification and its resolution.

F.      Minimum Equipment List (MEL). Issue a letter of authorization (LOA) to operate with an MEL, if applicable (See Volume 4, Chapter 4, Section 2, Approve a Minimum Equipment List for a 14 CFR Part 91 Operator).

G.    All Appropriate Information in the eVID Air Agency Basic File.

H.    FSDO File. The certification program manager must ensure an official office file is established after certification is complete. The file must contain at least the following:

·        The material from any working file used up to this point, including the TCO and syllabuses,

·        The certification report and attachments,

·        The EIS/AIDS profile on applicant and personnel, including a negative report, if applicable,

·        The approved MELs, if applicable,

·        The surveillance reports, and

·        All general correspondence relevant to the school or the FAA.

I.       PTRS. Make final PTRS work entry for this task.

2-1084       TASK OUTCOMES. Completion of the task results in either:

A.     Certificate. A certificate issued that authorizes operations under part 141.

B.     Record. A record on file consisting of the following:

·        Written notification to the applicant denying the certificate, and

·        Indication of the return of all documents to the applicant.

C.     Letter Confirming Termination. A letter to the applicant confirming termination of the certification process per the applicant’s request (Figure 2‑78).

2-1085       FUTURE ACTIVITIES.

A.     Develop Postcertification Plan. When developing a postcertification plan, perform additional surveillance or inspections during the first 90 days the organization is in business. This may require assistance from other FSDOs.

B.     Conduct Surveillance. According to the established postcertification program, conduct surveillance at appropriate intervals.

C.     Renewal of Certificate. Conduct a renewal certification every 2 years.

D.    Amendment of Certificate. Amend the air agency certificate at the operator’s request or the FAA’s determination.

Figure 2‑5.      FAA Form 8000‑4, Air Agency Certificate

Figure 2‑62.    Letter Disapproving Special Curriculums or TCOs

FAA Letterhead

[date]

Carolyn Brannon

Brannon Aviation

Fairfax Airport

P. O. Box 123

Fairfax, VA 23456

Dear Ms. Brannon:

We are unable to approve your [name of course] training course outline (TCO) [or special curriculum] for the following reasons:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

All other TCOs [and/or special curriculums] have been approved and are reflected in your list of approved courses. If you wish to continue to seek approval for the [above course or special curriculum], you may reapply when appropriate corrections have been made.

Sincerely,

[POI’s signature]

Figure 2‑63.    FAA Form 8420‑8, Application for Pilot School Certification

Figure 2-63, FAA form 8420-8, Application for Pilot School Certification

Figure 2‑64.    Letter Denying Satellite Base

FAA Letterhead

[date]

[applicant’s name and address]

Dear [name]:

We are unable to approve your application for a satellite base at [location] for the following reasons:

[list reasons]

When you feel your organization meets the certification requirements for a satellite base, you may reapply to this office.

Sincerely,

[POI’s signature]

Figure 2‑65.    Sample List of Approved Courses

FAA Letterhead

[Date]

[Name and address of school]

Dear [Name]:

[Name of school] is authorized under Air Agency Certificate No. [certificate number] to conduct the following courses of training:

Private Pilot Certification

Airplane Single‑Engine Land

Airplane Single‑Engine Sea

Rotorcraft Helicopter

Additional Aircraft Rating

Airplane Single‑Engine Sea

Airplane Multiengine Land

Rotorcraft Helicopter

Lighter‑than‑Air Airship

Instrument Rating

Airplanes

Helicopter

Flight Instructor Certification

Airplane Single‑Engine

Instrument Airplane

Additional Flight Instructor Rating

Airplane

Instrument Airplane

Rotorcraft External Load Operations

Special Curriculums (Title 14 of the Code of Federal Regulations (14 CFR) part 141, § 141.57)

This list of approved courses expires on [date], unless superseded, surrendered, suspended, or revoked.

Sincerely,

[FSDO manager’s signature]

Figure 2‑66.    FAA Form 8420‑8, Application for Pilot School Certification, Filled Out for Renewal

Figure 2-66, FAA Form 8420-8, Application for Pilot School Certification, Filled Out for Renewal

Figure 2‑67.    Notice of Course Cancellation

FAA Letterhead

[Date]

[Applicant’s name and address]

Dear [Name]:

After reviewing your application for renewal of your pilot school certificate and conducting the appropriate inspection, we require that you cease [name of course] training immediately for the following reasons:

[List reasons]

Failure to cease [name of course] training shall result in enforcement action against your certificate.

All other courses of training and pilot school ratings inspected at the time of renewal were acceptable, and you may continue to conduct training under them. When you feel that your organization meets the certification requirements for [name of course], you may apply for reinstatement of the course.

Sincerely,

[POI’s signature]

Figure 2‑68.    FAA Form 8420‑8, Application for Pilot School Certification, Filled Out for Amendment

Figure 2-68, FAA Form 8420-8, Application for Pilot School Certification, Filled Out for Amendment

Figure 2‑69.    FAA Form 8420‑8, Application for Pilot School Certification, Filled Out for Initial Certification

Figure 2-69, FAA Form 8420-8, Application for Pilot School Certification, Filled Out for Initial Certification

Figure 2‑70.    Sample Letter of Intent

RUTHIE’S FLYING SCHOOL

888 CHANDELLE CIRCLE

BELLVILLE, IL 35454

(312) 555‑1212

March 15, 2006

Federal Aviation Administration

Flight Standards District Office # 3

DuPage Country Airport

West Chicago, IL 60185

Gentlemen:

This is to notify the Federal Aviation Administration (FAA) of our intent to become an approved pilot school under Title 14 of the Code of Federal Regulations (14 CFR) part 141.

We are prepared to begin operations on July 1, 2006 and are ready for your certification inspection at this time. Enclosed are three copies (an original and two facsimiles) of FAA Form 8420‑8, Application for Pilot School Certificate. Operations will be confined to the DuPage County Airport. We plan to operate: two Cessna 152s, one Cessna 172, and a Piper Comanche (PA24‑250), that meets the complex aircraft requirements for commercial pilot certification.

Courses identified on FAA Form 8420‑8 will be supervised by our chief instructor, Mr. Robert Cartwright, holder of airline transport pilot certificate number 555121128. He meets the requirements of § 141.35, and his instructor résumé is available for verification when you conduct your certification inspection.

Also enclosed are three copies of each training course outline for your review and approval. Our requested three letter certificate designators are EPS, ELS, and SFS, in that order of preference.

Sincerely,

Ruth Vaght

President

Figure 2‑71.    Letter Indicating Certification Process Cannot Continue Because of Pending Enforcement Action

FAA Letterhead

[Date]

[Name and address of applicant]

Dear [Name]:

This letter is to inform you that your application for a pilot school certificate cannot be processed because of enforcement action [pending/taken] against [cite the specific certificate—airman, other air operator certificate, etc.]. Until such time that this enforcement action is fulfilled, you are ineligible for certification.

Enclosed with this letter is a copy of your application and the training course outlines you submitted for approval.

Should you wish to discuss this matter, please contact this office at [telephone number].

Sincerely,

[FSDO manager’s signature]

Figure 2‑72.    Letter Indicating Application Is Unsatisfactory

FAA Letterhead

[Date]

[Name and address of applicant]

Dear [Name of applicant]:

The enclosed FAA Form 8420‑8, Application for Pilot School Certificate, is returned because

[cite discrepancies].

Enclosed are three blank application forms that you may use to reapply when the above items are corrected. In order to continue the certification process, the corrected applications must be received no later than [date, not longer than 30 days from the date of the letter]. If we do not hear from you by that date, we will consider the certification process terminated.

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

Sincerely,

[Certification project manager’s signature]

Figure 2‑73.    Letter Indicating Discrepancies Found During Inspection

FAA Letterhead

[Date]

[Name and address of school]

Dear [Name]:

These discrepancies were found during a Title 14 of the Code of Federal Regulations (14 CFR) part 141 certification inspection conducted as part of your certification as an Air Agency under part 141.

[List each discrepancy]

[List methods of correcting the discrepancies, if appropriate]

[Indicate a reasonable length of time for the corrections to be made (not to exceed 90 days from the date of the letter)]

[Indicate that if no response is received within 90 days, the certification process will be terminated]

Sincerely,

[CPM’s signature]

Figure 2‑74.    Part 141 Letter Listing DBAs

FAA Letterhead

[Date]

[Air Agency’s name and address]

Dear [Name]:

This letter, accompanied by Air Agency Certificate No. [number] issued to [legal name of school] on [date of issuance], authorizes the following additional persons to exercise the privileges and limitations of the certificate.

[List all doing business as (DBA) names]

Sincerely,

[FSDO manager’s signature]

Figure 2‑75.    Letter Denying Certificate

FAA Letterhead

[Date]

[Name and address of applicant]

Dear [Name of applicant]:

Your application for a pilot school certificate is denied because of the following reasons:

[List specific items that have not been corrected in the document compliance phase or demonstration and inspection phase within a reasonable time, i.e., not to exceed 90 days from the time the applicant was notified of the discrepancy.]

[If applicable, cite any false or fraudulent information that was provided.]

[If applicable, indicate why TCOs were not approved.]

[If applicable, specifically list the lack of qualifications of personnel or deficiencies in facilities and equipment.]

If you have any questions concerning this matter, please contact this office at [telephone number].

Sincerely,

[FSDO manager’s signature]

Figure 2‑76.    Part 141 Certification Job Aid

NAME OF SCHOOL:

CERTIFICATION TEAM

Name

Specialty

ADDRESS:

INSP. INITIAL

DATE

YES

NO

NA

1. Initial contact handled by

 

 

 

 

 

2. Letter of Intent

 

 

 

 

 

3. Preapplication meeting

 

 

 

 

 

4. Applicant provided resources/advised how to obtain

 

 

 

 

 

5. Formal application meeting

 

 

 

 

 

6. Application properly completed and submitted

 

 

 

 

 

7. TCOs submitted

 

 

 

 

 

a. TCO contains description of each room used for aeronautical knowledge training

 

 

 

 

 

b. TCO describes all training aids

 

 

 

 

 

c. TCO describes each training device/simulator used

 

 

 

 

 

d. TCO lists airports at which training flights originate

 

 

 

 

 

e. TCO describes minimum instructor qualifications

 

 

 

 

 

f. TCO describes trainee’s enrollment qualifications

 

 

 

 

 

g. TCO describes each lesson’s objectives and training standards

 

 

 

 

 

h. TCO describes tests and checks used to measure each stage of training

 

 

 

 

 

8. Verification of flight instructor’s qualifications (§ 141.33/141.35)

 

 

 

 

 

9. Chief instructor/assistant for ground school course has 1 year experience in approved school

 

 

 

 

 

10. Enrollment method meets the requirements of § 141.93

 

 

 

 

 

11. Safety procedures/practices developed (§ 141.93)

 

 

 

 

 

12. Graduation certificates appropriate (§ 141.95)

 

 

 

 

 

13. Method for student recordkeeping (§ 141.101)

 

 

 

 

 

14. MEL approved

 

 

 

 

 

15. School has use of aircraft appropriate for each course

 

 

 

 

 

a. U.S.‑registered standard category

 

 

 

 

 

b. At least two‑place with full‑functioning dual controls

 

 

 

 

 

c. Maintained in accordance with parts 43 and 91

 

 

 

 

 

d. Inspected by Airworthiness inspector

 

 

 

 

 

(1) Optional equipment installation

 

 

 

 

 

(2) Airworthiness Directive records current

 

 

 

 

 

(3) In‑house or contract maintenance observed

 

 

 

 

 

(4) Aircraft for IFR courses properly equipped/maintained

 

 

 

 

 

e. Electronic components/communications equipment inspected (Avionics)

 

 

 

 

 

f. Checklists required by § 141.75

 

 

 

 

 

16. Chief instructor/assistance for each course tested

 

 

 

 

 

a. Knowledge test

 

 

 

 

 

b. Skill test

 

 

 

 

 

17. Chief instructor’s method to test other instructors

 

 

 

 

 

18. Pilot briefing areas (§ 141.43)

 

 

 

 

 

19. Aeronautical knowledge training facilities (§ 141.45)

 

 

 

 

 

20. Airports

 

 

 

 

 

a. Continuous use where flights originate (§ 141.38)

 

 

 

 

 

b. One runway/takeoff area for normal takeoff at full gross weight (§ 141.38)

 

 

 

 

 

c. Wind direction indicator (§ 141.38)

 

 

 

 

 

d. Traffic direction indicator (if required by § 141.38)

 

 

 

 

 

e. Permanent runway lights (if required by § 141.38)

 

 

 

 

 

21. Flight simulator or flight training devices

 

 

 

 

 

a. Cockpit meets requirements of § 141.41

 

 

 

 

 

b. Simulates rotation around three axes (§ 141.41)

 

 

 

 

 

c. Minimum instruments/equipment required by § 91.205 (§ 141.41)

 

 

 

 

 

d. For VFR instruction, a means of simulating visual flight conditions (§ 141.41)

 

 

 

 

 

e. For IFR instruction, a means of recording flight path (§ 141.41)

 

 

 

 

 

22. Training aids meet requirements of § 141.41

 

 

 

 

 

23. Certificate number obtained from AFS‑620

 

 

 

 

 

24. Air agency certificate prepared and issued

 

 

 

 

 

25. List of approved courses prepared

 

 

 

 

 

26. Certification report and district office file prepared

 

 

 

 

 

27. Surveillance plan developed

 

 

 

 

 

28. Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REMARKS:

Figure 2‑77.    Part 141 Schedule of Events

NAME OF SCHOOL:

NAMES OF MANAGEMENT PERSONNEL

 

Name

 

Title

 

 

ADDRESS:

SCHOOL

DATE

READY

FAA

DATE

REC’D

FAA

RET’D

FAA

DATE

APP’D

INSP

INIT

1. Letter of Intent

 

 

 

 

 

2. Application (FAA Form 8420‑8)

 

 

 

 

 

3. TCOs

 

 

 

 

 

4. Special curriculums (if applicable)

 

 

 

 

 

5. Recordkeeping procedures

 

 

 

 

 

6. Enrollment method

 

 

 

 

 

7. Safety procedures/practices

 

 

 

 

 

8. Graduation certificates

 

 

 

 

 

9. Instructors’ qualifications

 

 

 

 

 

10. Chief instructor/assistant practical test

 

 

 

 

 

11. Base inspection (including satellite bases)

 

 

 

 

 

12. Appropriate aircraft for each course

 

 

 

 

 

13. Aircraft conformity inspections (Airworthiness)

 

 

 

 

 

14. Flight simulation, FTD, ATD, or PCATD inspection

 

 

 

 

 

15. Training aids inspection

 

 

 

 

 

16. Pilot briefing areas

 

 

 

 

 

17. Aeronautical knowledge training facilities

 

 

 

 

 

18. Airports

 

 

 

 

 

19. Proposed date to start operations

 

 

 

 

 

20. Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2‑78.    Letter Confirming Termination of Certification Process at Applicant’s Request

FAA Letterhead

[Date]

[Name and address of applicant]

Dear [Name of applicant]:

This letter confirms your request to terminate the project to certificate you as an Air Agency under Title 14 of the Code of Federal Regulations (14 CFR) part 141.

All materials submitted for review are enclosed with this letter. Any attempt to reapply after the date of this letter will require reinitiating the entire certification process.

Sincerely,

[CPM’s signature]

RESERVED. Paragraphs 2‑1086 through 2‑1100.


9/1/11                                                                                                                         8900.1 CHG 11

Volume 3 Air Operator Technical Administration

Chapter 13 Operations Specifications

Section 4  FAA Defined Wet Lease Agreements

3-456           GENERAL. As defined in Title 14 of the Code of Federal Regulations (14 CFR) part 110, § 110.2, a wet lease is any leasing arrangement whereby a person agrees to provide an entire aircraft and at least one crewmember. A wet lease is a commercial arrangement whereby an aircraft owner leases both the aircraft and at least one crewmember to another person for his/her exclusive use for a specified period or a defined number of flights. This section of the Handbook applies only to the wet lease of any aircraft between U.S. air carriers or operators holding out to the public. 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 operations wholly outside the United States. While Federal Aviation Administration (FAA) review and approval of wet leases applies only to a genuine wet lease as defined in § 110.2, the FAA will review charter arrangements that may, by commercial custom, be termed wet leases by U. S. and foreign operators. Such reviews will be performed in support of public interest determinations by the Office of the Secretary of Transportation (OST) under 14 CFR part 212.

3-457      PROCESSING WET LEASE ARRANGEMENTS. The lessor must submit a copy of the lease arrangement or a written memorandum of the terms of the lease to the certificate‑holding district office (CHDO) for processing. A wet lease must contain four attributes:

·        Identification of a specific aircraft by serial number,

·        Grant of exclusive possession and use of that aircraft to the lessee,

·        Defined duration for the grant of possession and use, and

·        Provision by the lessor of at least one crewmember with the aircraft.

A.     Principal inspectors (PI) immediately review the lease arrangement to ensure that it is complete. Inspectors should pay particular attention to the requirements of part 119. These requirements prohibit any part 119 certificate holder conducting operations under 14 CFR parts 121 or 135 from conducting any flight operation unless the operator is authorized by its operations specifications (OpSpecs) to conduct that kind of operation, i.e., domestic, flag, supplemental, commuter, or on‑demand operations (OpSpec A001). An operator also must meet each part 121 or 135 requirement applicable to the kind of operation specified in the wet lease arrangement. Following this review, PIs make a written operational assessment of whether the lessor or the lessee will have operational control under the terms of the lease.

B.     Expeditiously forward a copy of the lease arrangement and the PI’s written operational assessment to the regional Flight Standards division (RFSD). The regional counsel then makes a determination as to which party to the arrangement holds responsibility for operational control and to the applicability of the Code of Federal Regulations (CFR) and associated OpSpecs. For making proper determination of operational control, it may be necessary to ask the lessor to submit any clarifying or supplemental information regarding the lease arrangement.

Note:       When the OST characterizes a lease as a wet lease the OST definition and application of the term wet lease applies purely to economic authority. The OST characterization of wet lease does not necessarily make the lessor responsible for operational control, which is one of the safety considerations to a wet lease when assessed by the FAA. The FAA definition of wet lease in § 110.2 and in OpSpec A002 is different than the OST definition and applies solely to the safety authority falling under FAA oversight.

C.     Once the regional counsel determines the operational control aspect of the lease arrangement, the regional counsel advises the CHDO without delay. Record this decision in writing and maintain it in the district office files.

3-458      DETERMINATION OF OPERATIONAL CONTROL. Part 119, § 119.53 provides that the FAA shall determine that a party has operational control of flights if that party exercises authority and responsibility for a specified number of operational functions. In cases where doubt or controversy exists, the Administrator shall also consider additional factors such as who is responsible for maintenance, servicing, and crewmember training. Operational functions include:

·        Provision of one or more crewmembers,

·        Provision of the training of those crewmembers,

·        Assigning crewmembers for particular flights,

·        Directly paying crewmembers for services,

·        Responsibility for airworthiness,

·        Responsibility for performance of maintenance,

·        Dispatch of flights, and

·        Initiating and terminating flights.

A.     The responsible region will determine whether the lessor or lessee has operational control. Normally That will be the region holding the certificate of the lessor. Such determination will be based on a careful review of the lease arrangement, the Department of Transportation (DOT) order, and any other circumstances regarding the actual operation.

B.     The FAA region responsible for the U.S. carrier or operator (certificate holder) that has operational control shall have primary responsibility for the OpSpecs authorization and surveillance of the operation. If two FAA regions are involved in the leasing arrangement, the regions will coordinate the matter and agree on respective responsibilities based on the terms of the lease arrangement and, if applicable, the pertinent DOT order.

3-459      AMENDING OPERATIONS SPECIFICATIONS. After the appropriate Flight Standards Division and Regional Counsel jointly determine which party to the arrangement has operational control, they advise the manager of the appropriate CHDOs in writing within 5‑working days. The district office having responsibility for the certificate holder which the FAA has determined to have operational control shall amend the OpSpecs of that certificate holder to include paragraph A028. The amendment to the OpSpecs shall contain the following information:

·        The names of the parties to the arrangement and the duration of the arrangement;

·        The make, model, and series of each aircraft involved in the arrangement;

·        The kind of operation (for example, domestic, flag, supplemental, commuter, or on‑demand);

·        The expiration date of the lease arrangement;

·        A statement specifying the party deemed to have operational control; and

·        Any other item, condition, or limitation the Administrator determines necessary.

RESERVED. Paragraphs 3-460 through 3-475.


9/1/11                                                                                                                         8900.1 CHG 22

Volume 3 GENERAL TECHNICAL ADMINISTRATION

CHAPTER 18 OPERATIONS SPECIFICATIONS

Section 2  Automated Operations Safety System

3-701           GENERAL. The automated Operations Safety System (OPSS) consists of standard and nonstandard templates for operations specifications (OpSpecs) management specifications (MSpecs), and letters of authorization (LOA) developed by Washington headquarters (HQ). These documents are most commonly called “paragraphs”. MSpec paragraphs are issued to program managers that conduct fractional ownership operations under Title 14 of the Code of Federal Regulations (14 CFR) part 91 subpart K (part 91K). (Paragraphs 3‑712 and 3‑714 discuss nonstandard OpSpec and MSpec paragraphs.) LOAs are used to issue certain authorizations to part 91 operators. All standard paragraphs, LOA templates, and any subsequent revisions are first coordinated within the Federal Aviation Administration (FAA) and then with appropriate industry organizations. After this coordination, the standard paragraph authorizations are incorporated into the automated OPSS computer software. The OPSS is programmed to provide only those OpSpecs/MSpecs paragraphs and other templates such as LOAs that are applicable to a particular type of operation under a particular 14 CFR part. When the appropriate standard paragraph templates have been selected and all the required information has been entered into the OPSS, a complete set of OpSpecs/MSpecs or LOAs can be issued and printed or exported electronically specific to the particular certificate holder, operator, or program manager, and type of operation.

A.     Generating OpSpecs/MSpecs and LOAs. This section provides general direction and guidance to inspectors concerning actions necessary to generate a complete set of OpSpecs/MSpecs and LOAs. This section also provides general information on the OPSS, such as control of standard paragraphs/templates, use of filter colors, and procedures for amending standard paragraphs. The OPSS is designed for generating automated OpSpecs/MSpecs/LOAs to allow inspectors to collect and record appropriate information necessary for issuing required OpSpec/MSpec paragraphs as well as authorizing the optional paragraphs and LOAs as listed in OpSpec/MSpec A004. Before attempting to enter information directly into the OPSS, users should be familiar with the OPSS and the most current OPSS user’s manual. The most current user’s manual can be downloaded at http://fsims.faa.gov/PublicationForm.aspx.

B.     General Subsystem Information. This section also provides general information for the subsystems within the OPSS. These subsystems include, but are not limited to, the applicable guidance (guidance subsystem), emergency airworthiness directives (OpSpecs/MSpecs paragraph A447, Emergency Airworthiness Directive (AD) Notification), the exemptions, 14 CFR part 298 liability insurance (see paragraph 3‑718), and report and query capability. These subsystems are an integral part of the Dynamic Information System (DIS).

C.     OPSS Guidance Subsystem. The guidance subsystem contained within the OPSS provides relevant guidance documents in association with individual paragraphs. Many guidance documents such as advisory circulars, bulletins, preambles, directives, and excerpts from orders and regulations may be associated with multiple paragraphs. Other guidance documents are unique to the individual paragraphs:

1)      Revision History. The revision history gives a summary of each paragraph revision since the paragraph was transferred into the new automated OPSS.
2)      OpSpec/MSpec/LOA Job Aid. An OpSpec/MSpec/LOA job aid is designed to provide a variety of up to date information regarding individual paragraphs. These job aids contain miscellaneous information, references for the authorization, and a sample of the associated template. The job aid may change with the addition or correction of information. The date of the last job aid revision is indicated on the title line of the document. Other directives or guidance documents may include job aid information.

3-702      DYNAMIC INFORMATION SYSTEM. The OPSS is the mechanism used to collect and maintain the information required for the DIS. The most conspicuous portion of the OPSS contains the OpSpec/MSpec paragraphs and the LOAs. The DIS subsystems are integrated into the OPSS to enable the population of the DIS data. Before the OpSpec/MSpec paragraphs and LOAs can be processed, certain fields of information must be provided to the OPSS. These critical fields of information must be current for the OpSpecs/MSpecs or LOAs to be technically accurate. The fields of information under the “Certificate Holder” menu option are used in the OpSpec/MSpec paragraphs and LOAs when the user is prompted to “Select Data” for individual OpSpecs/MSpecs or LOA. The DIS consists of the following data fields for each selected certificate holder or operator information:

A.     Aircraft Authorization. This area contains specific information about the aircraft the operator/program manager is authorized to use and specific conditions for that operator/program manager. This information is used in OpSpecs/MSpecs A003, D085, and any other paragraphs or LOAs that require the insertion of aircraft for authorization or data collection. Information that is collected includes:

1)      Aircraft Make/Model/Series (M/M/S).
2)      Aircraft Registration Number.
3)      Nose Number (if applicable).
4)      Aircraft Serial Number (SN).
5)      Specific regulations that the aircraft is being operated under 14 CFR parts 91, 91K, 121, 125, 129, 135, 133, and 137.
6)      Specific sections of 14 CFR part 119 that identifies the type of approved operational usage:

·        Sections 119.1(e)(2), 135.1(c), (Air Tour),

·        Section 119.21(a)(1), 121 Domestic (intrastate),

·        Section 119.21(a)(2), 121 Flag (common carriage),

·        Section 119.21(a)(3), 121 Supplemental (common carriage),

·        Section 119.21(a)(4), 135 Commuter (common carriage),

·        Section 119.21(a)(5), 135 On-demand (common carriage),

·        Section 119.21(b), 121 Domestic (common carriage),

·        Section 119.21(c), 121 Supplemental (common carriage),

·        Section 119.23(a), 125 operators (common carriage is not involved),

·        Section 119.23(b), 135 operators (common carriage is not involved),

·        Section 119.25(a), Rotorcraft commuter (common carriage), and

·        Section 119.25(b), Rotorcraft on‑demand, (common carriage).

7)      Operational Use of Aircraft (previously “Kind of Operation”) (see paragraph 3‑703 for discussion on “kinds of operations”):

·        Part 129, § 129.14 Foreign,

·        Commuter (part 135),

·        Domestic (part 121),

·        External Load (part 133),

·        Flag (part 121),

·        Nonstop Sightseeing (§ 135.1(c)),

·        On‑Demand (part 135),

·        On‑Demand Cargo‑Only (part 135),

·        Supplemental (part 121),

·        Flight (part 91),

·        Fractional Part 91K,

·        Flight (part 125), and

·        Aerial Application (part 137).

8)      Configuration of the Specific Aircraft: Pax and Cargo, Passenger, All Cargo, Combi.
9)      Noise Stage (if applicable).
10)  Seats Demonstrated (evacuation demonstration under 14 CFR parts 25 and 121; certified number for all other aircraft)).
11)  Seats Approved (mini evacuation demonstration that is operator specific).
12)  Flight Attendants (F/A) (required number).
13)  Class of Operation: Amphibian, HEL (helicopter), MEL (Multiengine Land), MES (Multiengine Sea), MEL/MES (both), SEL (Single‑Engine Land), SES (Single‑Engine Sea), SEL/SES (both).
14)  En Route Type: instrument flight rules (IFR)/visual flight rules (VFR).
15)  Condition: Day Only, Day/Night.
16)  Civil Reserve Aviation Fleet (CRAF): Medical, Floor, Door.
17)  Remarks section that records and identifies multiple comments.

B.     Domestic and International Addresses. These addresses for the certificate holder, program manager, or operator will be inserted into OpSpec/MSpec A001.

C.     Airworthiness Directives (AD) Notification. The FAA must send emergency ADs to the applicable certificate holders and operators. Therefore, the FAA must have the current mailing information for certificate holders, operators, and program managers. This mailing information will be inserted into OpSpec/MSpec A447. Because OpSpec/MSpec A447 paragraph is not an “authorization” per se and is used primarily for information, the signature of the certificate holder is not required for this paragraph to be completed, processed, and activated/issued. If the principal inspector (PI) can provide the appropriate mailing information, then an FAA signature is sufficient. See OpSpec/MSpec A447 in Volume 3, Chapter 18, Section 3, for guidance.

D.    Deviation and Exemption Assignments From 14 CFR Parts. OpSpec A005 is populated with the information from these assignments. The deviation list is built by the OPSS users for others to use as well so it is important that the referenced 14 CFR is accurate and that the description is concise. Any deviation granted must be listed in A005 even if the deviation specifics are described through the issuance of an OpSpec/MSpec paragraph. If the deviation specifics are described in a separate OpSpec/MSpec paragraph, the paragraph should be identified in the “Remarks” column next to the deviation listed in A005. This should be a general remark and not specific for the operator/program manager. The exemptions are selected from the exemption database. The text of each exemption is available to the user. If an exemption that is needed does not appear in the database, contact the OPSS Operations Center to request that it be loaded into the system.

E.     Principal Inspectors (PI). This area contains the names of principal avionics inspector (PAI), principal maintenance inspector (PMI), and principal operations inspectors (POI) specific to the certificate‑holding district office (CHDO) to which the OPSS is defaulted. This area is used to update the specific PIs that are assigned to a certificate holder, air operator, or program manager. This information is used when the OpSpec/MSpec paragraphs are ready to be signed. All three PIs are responsible for the oversight and coordination of the authorizations granted by the issuance of the OpSpecs/Mspecs and in some cases LOAs. It is the responsibility of all three principals to ensure that the paragraph being issued is accurate and complete. Many of the authorizations require the scrutiny of avionics, maintenance, and operations inspectors. If there is a disagreement between a POI, PMI, and PAI regarding the contents of an operator’s/program manager’s OpSpec/MSpec paragraph, the issue must be resolved prior to the issuance of the paragraph in question.

F.      Doing Business As (DBA). If the certificate holder, program manager, or operator conducts operations under other names, these are put into the DIS at this location and are labeled “doing business as” or abbreviated as DBA. This information is inserted into OpSpec/MSpec A001. (See OpSpec/MSpec A001 in the Volume 3, Chapter 18, Section 3) for more information on DBAs).

G.    Personnel.

1)      This area contains basic and generally static information about the certificate holder’s, program manager’s, or air operator’s responsible personnel. The information field(s) include the FAA accountable manager in a fractional ownership program management company and the maintenance and avionics points of contact, FAA recognized position titles, names of the approved personnel, and the company’s equivalent position title and what, if any, parts of the OpSpecs/MSpecs/LOAs they are authorized to sign. The following are examples of the titles and corresponding paragraphs indicated in parentheses:

·        AD Notification Representative (A447),

·        Chief Inspector (A006),

·        Agent for Service (A007),

·        Director of Operations (A006),

·        Director of Maintenance (A006),

·        Other Designated Persons (A007),

·        Chief Pilot (A006),

·        Director of Safety (A006),

·        FAA Accountable Manager (91K only) (A007), and

·        Points of Contact for Part 91K Operations, Maintenance, and Avionics (A007).

2)      For operators that have a split certificate and operate under both parts 121 and 135, the OPSS provides position selections to accommodate this situation. If the operator separates part 121 and 135 operations with specific personnel for position titles, the appropriate title selection must indicate which 14 CFR part that person is responsible for. If there is no split certificate, the position title would not contain a reference to any 14 CFR part.

H.    Authorized Areas. This area contains the information that is selected for insertion into the operator’s/program manager’s approved geographic areas of operations for OpSpec/MSpec B050. It is used by other district offices (other than the CHDO) that have a surveillance work program for the operator/program manager in their respective geographic areas of responsibility. The OPSS guidance subsystem contains names and locations of islands and countries that may be used for insertion into OpSpec/MSpec B050.

I.       Review Insurance Information. This online module is made available for the PIs to review the status of the liability insurance of the certificate holder. Refer to paragraph 3‑718 for detailed information.

3-703      OPERATIONAL USE OF AIRCRAFT AND KINDS OF OPERATIONS.

A.     Part 119, § 119.49, Contents of Operations Specifications (OpSpecs), and §§ 119.49(a)(5), 119.49(b)(5), and 119.49(c)(4) dictate in pertinent part that each certificate holder conducting domestic, flag, commuter, supplemental, or on-demand operations must obtain OpSpecs containing the “kind and area of operations authorized.” Title 14 CFR part 110, § 110.2, Definitions, states that “kind of operation” means one of the various operations a certificate holder is authorized to conduct, as specified in its OpSpecs. For instance, if a certificate holder normally conducts only domestic operations and wants to extend those operations to any foreign point, “flag” must be entered in OpSpec A001 (by virtue of the definition of a flag operation) even if the certificate holder has authorization to conduct those operations under “domestic” regulations.

1)      Section 119.7(b) addresses only agency actions that alter the overall type of operations that an air carrier (part 121 or part 135) is authorized to conduct. These operations are identified in paragraph A001, which lists the kinds of operations that the FAA authorizes the air carrier to perform under its certificate (e.g., commuter, domestic, supplemental, flag, or on‑demand operations). These must be appropriately selected for each certificate holder.
2)      For part 125 certificate holders, § 125.31 requires the OpSpecs to contain the “kinds of operations authorized.” The certificate holder is authorized to conduct flight operations in noncommon carriage and private carriage pursuant to 14 CFR § 119.23(a), part 125, and provided the certificate holder does not engage in common carriage. In addition, the part 125 certificate holder may not conduct operations carrying people or property for compensation or hire, where such operations result directly or indirectly from any person’s holding out to the public to furnish transportation (i.e., common carriage). The kind of operations for part 125 certificate holders are included in the standard OpSpec paragraph A001 and is not selectable.
3)      For the fractional ownership program managers providing services under part 91K, the kinds of operations are not required in the MSpecs because they do not engage in common carriage.

B.     By contrast, OpSpec/MSpec A003 does not identify the operator’s/program manager’s overall authority to conduct a particular kind of operation. Instead, OpSpec/MSpec A003 represents the FAA’s approval of the operator’s/program manager’s use of particular aircraft in carrying out the kinds of operations that are authorized, presumably through the air carrier or operating certificate and OpSpec A001.

C.     For part 121 and part 135 air carriers, the column “Operational Use of the Aircraft” in OpSpec A003 reflects this true effect by identifying the FAA approved use for the aircraft types listed. When listing aircraft that are used for more than one kind of operation as authorized in OpSpec A001, those aircraft should be identified with the most extensive use of the aircraft. For instance, if the certificate holder is authorized domestic, flag, and supplemental operations in OpSpec A001 and the aircraft could be used in any one of the three operations, the certificate holder should identify the aircraft as a “flag” aircraft. However, if the certificate holder intends to use an aircraft in only one kind of operation, despite the multiple authorizations in A001, the certificate holder should identify the aircraft as such.

D.    The rest of the “set” of OpSpec/MSpec paragraphs are then developed to authorize the conduct of specific types, areas, or routes of operations in accordance with the authorizations issued in A001 and A003 and must not contradict the authorizations for the “kind of operation” authority issued to them in A001 and A003. Thus, through the issuance of a variety of OpSpecs/MSpecs, (e.g., OpSpec A050, Helicopter Operations with Night Vision Goggles, OpSpec B036 for Class II Navigation, and OpSpec C065, Powerback Operations with Airplanes) different types of operations are authorized in order to support the “kinds” of authorization(s) granted in OpSpec A001.

3-704      REQUIRED AND OPTIONAL OPSPEC AND MSPEC PARAGRAPHS. The following is a general discussion of the available OpSpec/MSpec paragraphs and part 91 templates and LOAs for each database.

A.     Required and Optional OpSpec/MSpec Paragraphs. With the development of the OPSS, specific required and optional OpSpec/MSpec paragraphs for a certificate holder, program manager, or operator operating in accordance with certain 14 CFR parts are automatically extracted from the databases. For example, if the certificate holder is certified under part 121, then only the OpSpec paragraphs that are required and optional for part 121 authorizations will be available. Part 135 required OpSpec paragraphs will not be available in that database. Likewise only the required and optional MSpec paragraphs will be available in the part 91K database.

B.     LOAs. In the part 91 database, all the LOAs are optional authorizations for issuance to the operator; however, in the part 91 database inspectors will need to process the operator name, identification number, address, and aircraft information in order to issue an LOA. Inspectors will need to sign and activate paragraphs A001, A003, A004, A006, but will not “issue” them to the operator. (Refer to Volume 3, Chapter 18, Sections 3, 4, 5, and 7 for details about each paragraph in the database.)

C.     Standard OpSpec/MSpec Paragraphs and LOA Templates for Part 91k (MSpecs), 121, 125, 129, and 135 Fixed Wing and Rotorcraft Operations. These OpSpec/MSpec paragraphs and LOA templates are divided into the following six parts. Each part contains standard paragraphs that can be consecutively numbered from 001 to 999. Approval of all OpSpec/MSpec paragraphs and LOAs may be indicated by the signature of the PIs, supervisor, or the CHDO manager who may sign for any of the PIs (refer to paragraph 3‑714 below for details). Most of the authorizations in Parts A, B, and C need thorough coordination between the POI, PMI, and PAI for issuance. If there is a disagreement between a POI and PMI/PAI regarding the contents of an operator’s/program manager’s OpSpec/MSpec paragraph, this issue must be resolved prior to the issuance of the paragraph in question. The part 91 database contains standard part 91 LOAs and the part 91K database contains the official standard MSpec authorizations for fractional ownership program managers.

1)      Part A–General. Part A paragraphs are generally considered to be the responsibility of both Airworthiness and Operations aviation safety inspectors (ASI). Contents of these paragraphs must be carefully coordinated between POIs, PAIs, and PMIs before approval. Approval of these paragraphs is indicated by the signature of any one of the three assigned PIs or as determined by individual CHDO policy (see paragraph 3‑714 below for details). If there is a disagreement between a POI and PMI/PAI regarding the contents of an operator’s/program manager’s OpSpec or MSPEC paragraph (or LOA), the issue must be resolved before the PIs issue the paragraph (or LOA) in question.
2)      Part B–En Route Authorizations and Limitations. Operations inspectors are primarily responsible for preparing and approving (signing) authorizations in Part B. Coordination between operations, maintenance, and avionics inspectors is essential.
3)      Part C–Airplane Terminal Instrument Procedures and Airport Authorizations and Limitations. Part C pertains only to fixed wing airplanes. Operations inspectors are primarily responsible for preparing and approving (signing) the authorizations in Part C. Coordination between operations, maintenance, and avionics inspectors are essential.
4)      Part D– Maintenance MSpecs/OpSpecs/LODAs. Maintenance and avionics inspectors are primarily responsible for preparing and approving (signing) the paragraphs in Part D.
5)      Part E– Maintenance MSpecs/OpSpecs/LODAs. Maintenance inspectors are primarily responsible for preparing and approving (signing) Part E. The maintenance inspectors must carefully coordinate the Part E OpSpec/MSpec authorization with operations inspectors.
6)      Part H–Helicopter Terminal Instrument Procedures and Airport Authorizations and Limitations. Part H is the rotorcraft equivalent to the Part C paragraphs for fixed‑wing operations. Operations inspectors are primarily responsible for preparing and approving (signing) the paragraphs in Part H. (Part 121 and 125 operations will not have Part H in the databases.)

D.    Training Centers. Training specifications are issued in accordance with part 142, § 142.5(b). For the purpose of the training specifications required for part 142, the term “training specifications” will be synonymous with the terms OpSpecs/MSpecs, and the generic form for OpSpecs contained within the new automated OPSS will be used in place of the original FAA Form 8400‑8, Operations Specification 1. The training center program manager is responsible for the issuance and signing of training specifications for part 142 certificate holder (see paragraph 3‑714 for signature information). Information regarding the applicability and issuance of training specifications is contained in part 142, § 142.11 and Volume 3, Chapter 54, Part 142 Training Centers. Training specifications were realigned to correspond more closely with the numbering system employed for OpSpecs issued to air carriers. This alignment will provide a correlation when discussing the relationships between the training center and its contracting operators/program managers. Part 142 OpSpecs are divided into the following four basic sections:

1)      Part A–General. Includes the issuance and applicability, definitions, authorizations and limitations summary, exemptions and deviations, flight training equipment and training location authorizations, and personnel listings.
2)      Part B–Training Authorizations and Limitations. Includes the approved curricula listings for individual airmen and operators/program managers, special training programs and training agreements.
3)      Part C–Airplane Terminal Instrument Procedures and Airport Authorizations and Limitations. At this time this section only contains approved circling approach authorizations for specified simulators.
4)      Part D–Maintenance Requirements, Limitations, and Procedures. Includes flight training equipment maintenance and records requirements, minimum equipment list (MEL), and Simulator Component Inoperative Guide (SCIG) authorizations.

E.     Repair Stations. Part 145, § 145.19 sets forth the requirements for repair station OpSpecs. The term “certificate holder” is now used to include the holder of a repair station certificate as described in the OpSpecs. The OpSpecs lettering and numbering system used for repair stations attempts to be consistent with those in use by other 14 CFR certificate holders and operators. The repair station OpSpecs (Form 8400‑4‑1) has been replaced with the issuance of the OPSS computer generated generic OPSS form. For guidance for issuing part 145 OpSpecs, see Volume 2, Chapter 11, Section 1, Introduction. The principal airworthiness inspector(s) assigned to the part 145 certificate are responsible for issuing and authorizing (signing) all of the certificate holder’s OpSpecs. (See paragraph 3‑714 for signature proxy guidelines.) Part 145 standard (and nonstandard, if applicable) OpSpecs are currently divided into three parts, each of which has an assigned letter designator and contains standard paragraphs.

1)      Part A OpSpec paragraphs are considered to be general paragraphs and are issued for both Domestic and Foreign Repair Stations. This part contains the ratings, limitations, and special authorizations.
2)      Part B currently contains only OpSpec B050 which applies to foreign repair stations and provides for the authorization to conduct services under contract to a U.S. Carrier/part 129 foreign flag operator at a location other than the repair stations facility. (Reference: Volume 2, Chapter 11, Section 3, International Field Office Procedures for Certificating/Renewing/Amending a Part 145 Repair Station Located Outside the United States and Its Territories, paragraph 2‑1247.)
3)      Part D contains specific authorizations, limitations, and procedures in OpSpec D100, for work to be performed at a place other than the repair station’s fixed location. OpSpec paragraph D100 must list the work authorized and the Repair Station Manual (RSM) must reference the work that the repair station may perform away from the fixed location. A repair station may have D107 line maintenance authorization issued if the repair station is contracted to perform maintenance for a part 121, 135, or 129 operation U.S.-registered aircraft.

F.      Part 133 Standard OpSpecs. The standard OpSpec paragraphs for part 133 operators, external load, and additional policy guidance can be found in this order. Both Operations and Airworthiness inspectors are assigned to a part 133 certificate and should follow the guidance for signature authority in paragraph 3‑714 .

1)      Part A–General. Includes the issuance and applicability; definitions, authorizations, and limitations summary; exemptions and deviations; personnel listings; airworthiness directives information, and other general authorizations. It also contains the official authorizations for Class D and IFR operations.
2)      Part D–Aircraft Listing (for Airworthiness).

G.    Part 137. There are standard “OpSpec” paragraphs developed for part 137 certificate holders, agricultural aerial application. Even though OpSpec paragraphs are not required for part 137 operations, PIs are encouraged to use the provisions of the OPSS to record the information on the part 137 certificate holder in the OPSS. Provisions are available for the part 137 certificate holder to use the OPSS in their own offices in the same way as the part 121 or part 135 certificate holders. For example, if the part 137 certificate holder requests a waiver from § 137.51, Operation Over Congested Areas, the waiver may be issued in an OpSpec format through the OPSS Part 137 database. The part 137 certificate holder is also eligible to participate in Industry OpSpecs or IOPSS if requested. The POIs and Airworthiness inspectors assigned to the part 137 certificate are responsible for maintaining the information for that certificate in the OPSS. The guidance in paragraph 3‑714 would apply:

1)      Part A–General. This includes the issuance and applicability; definitions, authorizations, and limitations summary, exemptions and deviations; personnel listings; any waivers or special authorizations; and AD information.
2)      Part D–Aircraft Listing (for Airworthiness). OpSpec D085 provides for the aircraft listing of those aircraft that meet the airworthy requirements used in the certificate holders agricultural aerial application operations.

3-705      OPSPEC/MSPEC (AND LOA) CHECKLIST FOR OPTIONAL AUTHORIZATIONS AND LIMITATIONS.

A.     OpSpec/MSpec A004 contains a series of statements considered to be a checklist for optional authorizations or available LOAs. A004 also gives a statement of prohibitions if the operator/program manager is not authorized those optional authorizations. The A004 checklist provides for the selection of authorizations that are available for the specific 14 CFR type of certificate holder, operator, or program manager. When accurately selected in the A004 checklist, the checklist describes the optional authorizations applicable for the specific certificate holder, operator, or program manager for which OpSpecs/MSpecs or LOAs are being prepared. Required OpSpec/MSpec paragraphs will not appear in the A004 checklist. Some of the statements in A004 describe general information about the operator/program management responsibility and certain statements describe the capability of the aircraft being operated. Other statements identify specific authorizations and/or limitations which apply or will apply to the operator or program manager.

B.     When selecting authorizations concerning the operator/program manager, the authorizations must be factually correct. When selecting a statement which describes a limitation or restriction, inspectors must be aware that the selection will result in the A004 checklist showing the authorization of an OpSpec/MSpec paragraph or LOA. Standard OpSpec/MSpec paragraphs providing special authorizations usually require special training curriculums, maintenance programs, and modifications to the operator’s/program manager’s manuals and MEL. The A004 checklist includes both operations and maintenance items. Coordination between operations, avionics, and maintenance inspectors is absolutely essential for these authorizations. The POI, PMI, and PAI must all agree that the selections made on the A004 checklist are accurate. PIs should also review the A004 checklist with the operator/program manager and agree that the selected statements accurately describe the operations authorized to be conducted.

C.     After the selections are moved to the OPSS workspace grid, the appropriate standard paragraphs or LOAs can then be completed (reference the current OPSS User’s Manual for details). The active table of contents can be printed to review all the standard paragraphs applicable to the operator/program manager and identifies paragraphs or LOAs which provide special authorizations or prohibitions.

3-706      TEST OR TRAINING OPSPECS/MSPECS. Each Flight Standards office can generate a set of practice or test OpSpecs/MSpecs. When generating practice OpSpecs/MSpecs, refer to either the OPSS Student Training Manual or to the OPSS User’s Manual for details. A set of practice or test OpSpecs/MSpecs can be used when someone wants to practice using the OPSS and does not have a “real” operator in the database or does not want to experiment with the information on a “real” operator. From time to time the OPSS database managers will purge the testing and training databases. For information about obtaining a precertification or certification number, please refer to the current version of the OPSS User’s Manual.

3-707      OPERATOR‑ OR PROGRAM MANAGER‑REQUESTED OR FAA‑INITIATED OPSPEC/MSPEC CHANGES. The signature block of each OpSpec/MSpec identifies whether the FAA issued the paragraph because of an FAA initiated change or if the certificate holder applied for a change to the content of the specific paragraph.

A.     During the signing process for each OpSpec/MSpec, within the signature block section, under the “Origin (FAA or Operator)” tab, two selections are available for the user to choose from: “Issued by the Federal Aviation Administration” or “The Certificate Holder applies for the Operations in this paragraph.”

B.     If the user selects the “Issued by the Federal Aviation Administration” toggle, no further comments can be made. The user can find a brief synopsis of FAA initiated change information in the revision history for each document. The revision history, as well as the official handbook documentation with applicable guidance for the revision, can be found in the Guidance Subsystem of OPSS.

C.     If the user selects “The Certificate Holder applies for the Operations in this paragraph” toggle, the user can enter a brief statement documenting the reason for the reissuance or amendment in the “Support Information Reference” clear text box. In this text box, the user may want to refer to the date of the operator/program manager’s letter requesting the authorization or any other pertinent information applicable to the change.

3-708      DRAFTS OF AND FINAL SIGNED OPSPECs/MSPECs OR LOAs.

A.     Inspectors should coordinate the draft OpSpecs/MSpecs or LOAs with the operator/program manager. This coordination should involve the operator/program manager throughout the final preparation of the documents. This provides an opportunity to develop a common understanding between the operator/program manager and the FAA about the authorizations, limitations, and provisions in the authorizations. The operator/program manager must also be given the occasion to verify that added operator or program manager specific information is correct.

1)      The OPSS guidance subsystem provides access to various guidance documents in association with individual OpSpec/MSpec paragraph and LOA authorizations. Inspectors should review these documents with the certificate holder, program manager, or operator, along with a draft of the authorization, to see what the operator must do to be in compliance prior to the issuance of the requested or required paragraph.
2)      Access to guidance documents is found under the OPSS tool bar “Paragraph—Guidance Documents.”

B.     After the draft OpSpecs/MSpecs or LOAs have been reviewed and final corrections made, if any, the final authorizations can be printed and physically signed or if the certificate holder or operator has electronic signature capability, the authorizations can be electronically signed. The FAA must sign (electronically) to issue/activate the authorization to the certificate holder or operator’s grid as a final document for issuance. The certificate holder or operator should also sign the final document (either electronically or physically). However, the certificate holder does not always have to sign the OpSpec/MSpec paragraph for it to be effective.

3-709      TABLE OF CONTENTS FOR AUTHORIZATIONS. The automated OpSpecs/MSpecs and LOAs table of contents is an integral section of an operator’s/program manager’s authorizations. The OPSS can automatically print a table of contents for each part individually.

3-710      AUTOMATED FEATURES AND SYMBOLOGY OF AUTOMATED OPSPEC/MSPEC PARAGRAPHS AND LOAs.

A.     Page Numbers. The OPSS prints page numbers automatically on the OpSpecs/MSpecs and LOA forms.

B.     Headquarters (HQ) Control Date. The OPSS automatically prints the words “HQ Control Date” and the date on the upper right corner of the OpSpecs/MSpecs or LOA template and gives reference to the latest Headquarters revision. This “HQ Control Date” is for Headquarters control purposes only and must not be construed as an effective date. The OPSS prints the operator’s/program manager’s certificate or identification number in the lower right corner of the template and the operator’s/program manager’s name will be printed on the bottom center of each page. See paragraph 3‑711 for a discussion about the HQ revision terminology.

C.     Effective Date and Signature Date. For original issuance of an OpSpec/MSpec paragraph or LOA both the “effective date” and the “signature date” should be the same but is not required to be the same. For authorization amendments, these dates may also be different. The effective date may be later than the signature date, or in the case of an FAA initiated required change, the effective date may be before the authorization is actually signed by the certificate holder, program manager, or operator. For an authorization to be effective, it does not necessarily have to be signed by the certificate holder, program manager, or the operator; it is effective by FAA signature only.

D.    OPSS Provides A Filter. The OPSS provides a filter under the “Tools” pull down menu and affects what is seen within the OPSS. The OPSS filter automatically displays, in color, those paragraphs that headquarters has changed or archived and is intended to alert the users that a change has occurred.

3-711      MANDATORY AND NONMANDATORY CHANGES. OpSpec/MSpecs and LOA changes are either mandatory (policy change) reflected by the color red or tan, or nonmandatory (minor text/format change) reflected by the color green to alert the OPSS users of changes. Turning the old templates tan instead of red allows for a period of time for the certificate holders, program manager, or operators to comply with the newly released mandatory template change before the existing template is rendered inactive (turns red) and no longer usable. The tan filter color may also be used for a template that has an expiration date after which it will no longer be effective or valid. The filters also allow users to view previously issued authorizations.

A.     Whether it is a mandatory or nonmandatory change, an initial review of the revision history in the guidance subsystem should be the first step to determine what has caused the change to the template. If the change occurs due to new policy, that new policy document will be referred to in the revision history and it will also be available for viewing, printing, or extracting from the guidance subsystem for that template. None of the changes should go past 90 days without being reissued or reevaluated. It may require a review of the original certification or authorization process for the evaluation or reissuance as relevant to the initiation of the change in color whether it is a mandatory or nonmandatory change.

B.     If a mandatory change is made and the PIs determine that it affects any particular operator(s)/program manager(s), then it is necessary to amend and reissue the OpSpec/MSpec or LOA as soon as appropriate or within 30 days for all those affected (part 119, § 119.51). A mandatory change will typically be as a result of a policy or regulatory change in which the standard template itself has been revised by Headquarters. If a mandatory change is made, the HQ Revision number changes (e.g., from HQ Revision 010 to HQ Revision 020).

C.     If a nonmandatory change is made and the PIs determine that it affects any particular operator(s)/program manager(s), then it is necessary to amend and reissue the authorization as soon as appropriate, by a predetermined date, or within 90 days for all those operator(s)/program manager(s) affected. The nonmandatory changes may be due to a text/format change or as a result of the issuance of new or additional policy for that authorization but the standard language of the template itself did not change. If a nonmandatory revision is made, the HQ Revision changes (e.g., HQ Revision 010 to HQ Revision 01a or from 02b to 02c).

D.    Archived OpSpec/MSpec Paragraphs or LOAs. OpSpec/MSpec paragraphs or LOAs are archived by Headquarters to either remove a template and accompanying guidance or to replace an existing template with a new one. Archived templates and guidance are available for viewing only by adjusting the filter settings in the OPSS. Once a template has been archived it is disabled and not available for issuance but can be viewed only when the filters are properly set.

3-712      OPTIONAL TEXT, STANDARD, AND NONSTANDARD TEXT.

A.     Standard OpSpec/MSpec Paragraphs and LOA Templates. Many of the standard templates in the OPSS have a provision permitting inspectors to include optional text. The templates having optional text entered can be considered either “standard” or “nonstandard” depending upon the specific requirements for authorization itself or the text that is added. The optional or additional text should relate to the subject matter of the standard paragraph or give a description of the approved program for that authorization. Inspectors may need to add optional or additional text as a subparagraph to address operator/program manager situations which are unique or to satisfy an operator’s/program manager’s request to have a situation addressed in their individual authorization. The provisions in the optional/additional text must not be less restrictive or contrary to the provisions in standard templates developed by Washington Headquarters. If the optional/additional text that is added is more restrictive than the standard text, the inspector must have a justifiable reason. A more restrictive provision results in unique treatment and could adversely affect an operator’s/program manager’s competitive position. Examples of situations which may justify adding extra subparagraphs include the following:

1)      An accident or series of incidents or enforcement actions which indicate a need for higher minimums, more stringent procedures, or prohibition of certain maneuvers.
2)      En route, terminal area, or airport situations which are unique to a particular operator/program manager or a small number of operators/program managers.
3)      Situations which require interim provisions such as airport construction, temporary obstacles, or temporary aircraft performance restrictions.
4)      Situations in which the operator/program manager does not train for certain maneuvers or procedures, resulting in a need to specify restrictions to provide for acceptable levels of safety.
5)      Self imposed restrictions or procedures requested by the operator/program manager to be specified in the authorization.

B.     Program or Method of Operation Description. Certain templates are by nature ones that require the operator/program manager to explain or describe its own program or method of operations, or reference to an FAA-approved program but do not require approval by the Regional or Headquarters offices as nonstandard paragraphs. An example of this kind of OpSpec/MSpec would be A008, Operational Control (or Flight Operations for the MSpecs)

C.     Nonstandard, Temporary Data Collection, and Time Limited Templates.

1)      Three Hundred Series are Nonstandard Authorizations. There are cases where an operator or a PI requests a nonstandard authorization that is unique. When approved by headquarters, these are entered into the OPSS as a 300 series. Nonstandard authorizations can be proposed by the certificate holder, program manager, operator, CHDO, region, or headquarters. There are cases where it is necessary to provide a unique authorization for an air carrier. For example, for emerging technologies where complete guidance has not been developed, a nonstandard authorization can be proposed, approved, and made available in the appropriate OPSS database. All nonstandard authorizations are approved by the appropriate headquarters policy division. Parts 91, 91K, 125, 125M, and 141 operators’ nonstandard operational requests must be approved by the General Aviation and Commercial Division, AFS‑800; parts 121, 135, and 142 nonstandard operational requests must be approved for issuance by the Air Transportation Division, AFS‑200; all airworthiness, nonstandard requests must be approved by the Aircraft Maintenance Division, AFS‑300; and all weather operations relating to instrument procedures must be approved by the Flight Technologies and Procedures Division, AFS‑400. Once approved, these nonstandard templates are put into the appropriate OPSS database part with a “300” series number (e.g., A312, B302, C315, D371), and the template type will be an “N” for “nonstandard.” If the nonstandard template were to be approved as a standard authorization, it would then be assigned a new number in the standard sequencing. The new standard template must be issued in its place and the nonstandard template and issued authorizations will be archived and no longer available. A request for a nonstandard authorization must follow the procedures outlined in paragraph 3-713 below.
2)      Additional Text. Also known as optional text or “Text 99”. Adding additional text as extra subparagraphs to a standard template authorization that is less restrictive is not allowed unless the procedures for requesting a nonstandard authorization, outlined in paragraph 3‑713 below, are followed and approved by the appropriate headquarters policy division. A request for a nonstandard authorization and additional nonstandard text in a standard template must follow the procedures outlined in paragraph 3‑713 below.
3)      Four Hundred Series are Data Collection. There are cases where it is necessary to provide a unique temporary data collection template. For example, when the Administrator asks for continuous progress reports on the status of the installation for the cockpit door requirement, a specific template can be developed and made available in the appropriate OPSS database. These data-collecting templates are put into the appropriate OPSS database and part with a 400‑series number (e.g., A412, B402, C415, D471). As such, these do not result in an “authorization” but are considered to be official “documents” and are handled using the same processes as described for issuing authorizations.
4)      Five Hundred Series are Time Limited. Certain nonstandard authorizations may have predetermined time limits in which the authorization expires. An example of this is specific deviation authorizations for part 119 certificate holders in support of military operations operating under parts 121 or 135 (part 119, §§ 119.55 and 119.57). These temporary authorizations will be put into the appropriate template part (general, en route, terminal, or airworthiness, etc.) with a 500‑series number (e.g., A501, B511, C515, D521). These templates may be either standard (type “S”) or nonstandard (type “N”). If a nonstandard time-limited template becomes a standard authorization with no automatic time limit, it will be assigned a new number in the standard template sequencing and part, and the nonstandard template will be archived. If the template is a nonstandard authorization, the processes and procedures for nonstandard authorization or deviations for military operations would apply.

3-713      PROCEDURES FOR REQUESTING NONSTANDARD AUTHORIZATIONS.

A.     Nonstandard Airworthiness or Part 145 Repair Station OpSpec Paragraphs. Paragraph 3‑712 above provides guidance for the PMI on issuing nonstandard paragraphs and will remain the same, stating that nonstandard paragraphs only be used in situations unique to a specific certificate holder.

B.     Nonstandard Operator or Program Manager Requested Authorizations. Any nonstandard authorization request from the operator/program manager must be submitted to the PI. It must contain enough information to support the request, such as a statement of why the operator/program manager cannot comply with the specific standard authorization; the airports specific to the operation; the comparable level of safety; pertinent navigational equipment; the type of aircraft; company procedures that ensure the safety of flight; and any other supporting documentation. The request must include a copy of the standard authorization with the proposed nonstandard language inserted appropriately.

1)      The PI must evaluate and substantiate the information. If the PI does not concur with the proposal, the operator and program manager will receive a letter denying the application of the nonstandard paragraph with an explanation of the reasons for denial.
2)      If the PI concurs, the completed package must be forwarded as described in subparagraph D below. The package must include the recommendation, the operator’s/program manager’s application, the supporting information, alignment with current national policy, the necessity of the proposed paragraph, and the proposed nonstandard verbiage.

C.     Nonstandard Authorization Request by the POI. The POI may need to add a subparagraph to an already existing standard authorization in order to address operator/program manager situations which are unique or to satisfy an operator’s/program manager’s request to have a situation addressed in a particular authorization. The provisions in those nonstandard subparagraphs should not be less restrictive to the provisions in standard template authorizations developed by Washington headquarters. The nonstandard subparagraphs should relate to the subject matter of the main paragraph. Anything outside the approved guidance should be forwarded to the appropriate headquarters division for prior approval.

1)      In those cases where the nonstandard additional text is less restrictive, FAA headquarters must authorize the proposed text prior to issuance to the operator/program manager. The proposal must contain the same information as described above for operator/program manager requested nonstandard authorizations.

Note:       Caution. Do not change or add anything to the language, format, or numbering of the standard templates as provided by Headquarters. If the standard template language is changed in any way, this may invalidate Headquarters policy.

2)      In the OPSS the nonstandard text is entered under the text tab which states “Enter text for a nonstandard paragraph.” In the template there will be a bookmark, “TEXT99” where that subparagraph will be inserted when the paragraph is drafted. The nonstandard language will be a new subparagraph that prints in italics to set off the nonstandard language and normally will be written similarly as:

e. Notwithstanding subparagraph [insert appropriate subparagraph reference, i.e., “c(5)”] above for operations [insert appropriate language, i.e., “that are conducted solely within the state of Alaska” or “conducted at Example Airport”], the highest of the following minimum altitudes apply...

D.    Nonstandard Authorization to a Standard Template. When a nonstandard authorization to a standard template is requested, the PI forwards a transmittal letter and the supporting documentation for the request with a copy of the whole standard template and the requested nonstandard verbiage as shown above, to the appropriate regional Flight Standards division (RFSD). If the RFSD concurs with the PI, it will forward its response to the appropriate Flight Standards headquarters division for review. Once the determination is made at the appropriate headquarters division level, a notification will be sent to the RFSD who will in turn forward it to the requesting PI. The headquarters division should also send an informal notification of the denial or approval to the POI via an electronic mail message. If the response is a concurrence to the proposed nonstandard text, the PI can authorize the nonstandard text by entering it into the OPSS for that authorization and issue it to the operator/program manager. The OPSS allows for the nonstandard text of each authorization to be evaluated to determine if other operators/program managers are similarly affected and whether the standard paragraph needs revision.

E.     Proposed Authorizations and Templates. Another type of nonstandard authorization should only be considered when the subject matter does not relate to any standard paragraph and it would be inappropriate to add the information as additional text, or a proposed standard document or authorization that needs guidance developed for nationwide implementation. These can be sent electronically to Flight Standards headquarters and requested to be inserted into the OPSS database for use. These special nonstandard templates can be inserted into the appropriate part of the OPSS using a 600‑series number and an “N” after the number.

F.      Expedite the Nonstandard Review Process. In order to expedite the nonstandard review process, the headquarters divisions may accept the completed package as attachments through email as long as the hard copy package is subsequently forwarded to the appropriate headquarters division. Prior to sending it electronically, contact the respective division to ensure that electronic processing is acceptable, and to ensure proper coordination.

3-714      SIGNATURE AUTHORITY FOR OPSPEC, MSPEC, TRAINING SPECIFICATIONS, LOA, OR OTHER ISSUANCE OF DOCUMENTS USING THE OPSS. In general, for OpSpecs, MSpecs, LOAs, and other authorizations or documents in the OPSS, the following guidance applies.

A.     Which Types of (Qualified) Aviation Safety Inspectors. The following list shows which types of (qualified) ASIs are responsible for and who may sign each type of OpSpec/MSpec:

1)      Part A. Both Operations and Airworthiness inspectors are responsible for and may sign Part A authorizations. Issuance requires coordination between the Operations and Airworthiness inspectors.
2)      Part B. Operations inspectors are responsible for and may sign for Part B authorizations, but only after coordination with the Airworthiness inspectors responsible for the operator/program manager.
3)      Part C. Operations inspectors are responsible for and may sign for Part C authorizations, but only after coordination with the Airworthiness inspectors responsible for the operator/program manager.
4)      Part D. Airworthiness inspectors are responsible for and may sign for the issuance of the Part D authorizations.
5)      Part E. Airworthiness inspectors are responsible for and may sign the authorization, but only after coordination with the Operations inspector responsible for the operator/program manager.
6)      Part H. Operations inspectors are responsible for and may sign the Part H authorizations but only after coordination with the Airworthiness inspectors.

B.     Proxy for Signature Authority. For certificate holders, part 142 training center program managers, part 91K program managers, and the PIs assigned to the certificate/program manager are given the applicable signature authority by virtue of their position. For situations where the appropriate PI is not available and an authorization or other document needs to be signed and activated, each Flight Standards District Office should develop office policy in regard to the proxy or proxies for the PI’s signature authority. The following items should be addressed in the office policy:

1)      Normally the office manager and the supervisor of the PI has signature authority by virtue of their positions and could sign for the PI in his/her absence.
2)      The PIs for each certificate/operator or program manager should designate additional proxies for his/her signature that are qualified and authorized. These could include but not limited to:
a)      Assistant PIs assigned to the same operator or program manager.
b)      Other qualified ASIs (that are not assigned to the operator or program manager) as designated by the local office policy.

C.     Other Local Office Policy Determinations. Local office policy should also determine:

1)      Who is responsible for maintaining the aviation safety inspector list in the OPSS.
2)      That the signature block is changed to show the inspector doing the signing for the assigned PI. (In the future it may be possible to have the name of the proxy inspector doing the electronic signing in the watermark.)
3)      Procedures for determining proxy authorization limits, such as:
a)      If the proxy is authorized to sign mandatory and nonmandatory authorization amendments
b)      If the proxy is authorized to sign and activate a 400‑series (data collection) paragraph?
c)      If the proxy is authorized to sign and activate paragraphs in the databases where the documents are not required by regulation or are not official authorizations, but are completed, signed, and activated for recordkeeping purposes. For example, part 137 (with the exception of the issuance of official waivers, etc., in the OPSS) or part 133 (with the exception of the issuance of official IFR and Class D authorizations, etc.).

3-715      PRINTING AUTOMATED AUTHORIZATIONS OR DOCUMENTS.

A.     Any template, authorization, or document can be printed at different stages in the development toward issuance. Please refer to the current OPSS User’s Manual for more detailed instructions.

B.     After an authorization or document has been reviewed, verified for accuracy, and coordinated with the operator/program manager, it can be printed for signature. An authorization or data collection document is considered to be effective if the FAA has signed it electronically or by hand. In cases where the FAA generates the authorizations for the certificate holder or operator, the FAA should hand sign the individual authorizations and ask the certificate holder or operator to hand sign. Because the FAA is still transitioning to a paperless environment, the CHDO should retain the paper copy with the operator or certificate holder’s signature in the office file for a minimum of 5 years. All MSpecs authorizations and documents will be electronically signed by both the FAA and the individuals designated to sign for the program managers. There is no need, nor requirement for, paper copies of the MSpecs to be retained in the CHDO office files as the OPSS will retain the official copies that are electronically signed by both parties. A single authorization or a selected set of authorizations may be printed with or without the table of contents in each part. Please refer to the current OPSS User’s Manual for more detailed instructions.

3-716      OPERATOR’S RECEIPT OF APPROVED AUTHORIZATIONS OR DOCUMENTS.

A.     Authorizations or Documents Signed by Hand.

1)      After the operator completes a new or amended OpSpec, LOA, or other document, the CHDO will review the proposed document in the workspace and make or suggest any proposed changes. Once the CHDO and operator agree on the proposal, the CHDO will place the document in “Signed” status, move it to “Active”, print two copies, and sign both by hand. Both copies will then be hand delivered or sent by U.S. mail with return receipt to the operator for signature. When both copies have been signed by the operator, both the CHDO and the operator must retain one copy. When the operator signs the document as being received, they are acknowledging that they have reviewed it, agree that the information is correct, and that they will comply with the specifications appearing in that document.
2)      PIs will keep a current, signed copy of all hand signed OpSpec documents, including the table of contents, on file in the CHDO for at least 5 years. The signed documents that are currently in effect for the operator will be filed together. Superseded, surrendered, or revoked documents and authorizations and table of contents will be marked appropriately and retained in the CHDO office for at least 5 years. If an operator’s certificate is surrendered or revoked, the OpSpecs will be marked appropriately and retained in the district office files for at least 5 years. Surrendered or revoked OpSpec paragraphs or other authorizations must be inactivated in the OPSS by the applicable PI. The OPSS active OpSpecs or other authorizations remain in effect within the OPSS until they are amended or inactivated by the FAA. When amended or inactivated, the previous active document will be electronically archived. Under certain circumstances the FAA allows for the “suspension” of a certificate holder’s OpSpecs. OpSpec A501 is issued to an air carrier certificate holder that requests to completely cease all kinds of operations for all of its aircraft for a designated period of time. The issuance of OpSpec A501 voluntarily holds “all” of the air carrier certificate holder’s OpSpecs, with the exception of paragraph A501, in a state of suspension for the established period of time, as listed in OpSpec A501. (See Volume 3, Chapter 18, Section 3, OpSpec A501).
3)       All MSpecs will be electronically signed by both the FAA and the individuals designated to sign for the program managers. There will be no issuance of MSpecs using paper copies. Therefore, there is no requirement to store hard copies of MSpecs. The official copies will remain in the OPSS database either as active or archived.

B.     Electronically Signed Authorizations and Documents Issued From the OPSS.

1)      After the operator/program manager has completed a new or amended OpSpec paragraph, LOA, or other document and placed it in draft status in the OPSS, the CHDO will review the proposed document in the “Workspace” area and make or suggest any proposed changes. Once both the CHDO and operator/program manager agree on the proposal, the operator/program manager must electronically sign the paragraph and advise the CHDO that the industry signature has been accomplished. When the industry signature has been accomplished, the operator/program manager is acknowledging that the information is correct and that they agree to comply with the specifications appearing in the paragraph, authorization, or document. The CHDO will then electronically sign the paragraph and move it to the “Certificate Holder” area.
2)      Once the document is in the “Certificate Holder” area, the CHDO may wish to print a paper copy of the document for data retention purposes. A printed copy is not required because the active official documents will be retained in the OPSS database. When an OpSpec or other document is amended or revoked, the previous active OpSpec or document will be electronically archived. Surrendered or revoked OpSpec paragraphs, authorizations, or documents must be deactivated in the OPSS. The OPSS active OpSpec, authorization, or document remains in effect within the OPSS until they are amended or inactivated by the FAA. When amended or inactivated, the previous active document will be electronically archived for an indefinite period of time.

C.     Issuance of an OpSpec/MSpec, Authorization, or Document by the FAA Without the Concurrence or Signature of the Operator/Program Manager. In general, when the FAA issues and signs a required OpSpec/MSpec paragraph, authorization, or document, it is considered to be effective whether or not the operator, program manager, or certificate holder has signed it. If, in accordance with the provisions and limitations of § 119.51 or part 91K, the FAA determines that an amendment is needed, the CHDO will issue the amended OpSpec, authorization, or document as effective with only the FAA’s electronic signature. For instance, some of the OpSpec/MSpec paragraphs are not necessarily issued as authorizations but as data collection documents. These paragraphs are “issued” for information purposes, such as, OpSpec/MSpec A447, Emergency Airworthiness Directives (AD) Notification Information. It is not a requirement for the operator or program manager to sign this paragraph/document for it to be “effective” or activated in the OPSS. It is desirable for the operator or program manager to sign the document to validate that the information being collected is correct.

3-717      PART 142 TRAINING SPECIFICATIONS. Information regarding the applicability and issuance of training specifications is contained in part 142, § 142.11 and Volume 3, Chapter 54, of this order. Training specifications are issued in accordance with part 142, § 142.5(b). Training specifications have been realigned to correspond more closely to the numbering system employed for OpSpecs. This will provide a correlation when discussing the relationships that will be developed between the training center and its contracting operators/program managers. (See additional guidance in this order in regard to part 142 training centers and specifications).

3-718      OPSS LIABILITY INSURANCE SUBSYSTEM. The FAA Air Transportation Division, Technical Programs Branch (AFS‑260) maintains the 14 CFR part 298, § 298.21(c)(2) registration for the part 135, on‑demand certificate holders. Office of the Secretary of Transportation (OST) Form 4507; Air Taxi Operator Registration and Amendments Part 298, of the Regulations of the Department of Transportation; and OST Form 6410, U.S. Air Carriers Certificate of Insurance Under 14 CFR Part 205, are to be submitted whenever changes occur within the certificate holder’s operation. Every (on‑demand) air carrier operator who plans to begin operations under part 135 must register with AFS‑260, not later than 30 days prior commencing such operations. The registration of an on-demand air carrier will remain effective until it is amended by the carrier or canceled by the Administrator. (Refer to paragraph 2‑130 for additional guidance in regard to part 298 liability insurance.)

A.     Flight Standards division personnel in FAA headquarters review insurance information and, based on their findings, identify which certificate holders are no longer authorized to operate. If a certificate holder is no longer authorized to operate, the Flight Standards division personnel place a notification in the OPSS. This is an immediate notification in OPSS and is visible upon opening the certificate holder window. The caption “Insurance in a Non‑Compliant State” is displayed in red in the top center of the “Maintain Operations Specifications” window (see Figure 3‑67).

B.     A red alert clause has been added to the OPSS as a new feature that may appear at the top of the “Maintain Operation Specifications” window to aid POIs in their surveillance of the certificate holder’s compliance with part 298 exemption authority regulations. The alert clause will display when an applicant or existing certificate holder is not in compliance these regulations under either of the following two conditions:

1)      A new applicant for part 135, on‑demand operations is waiting for the part 298 exemption authority, and/or
2)      An existing part 135, on‑demand air carrier’s part 298 exemption authority has become delinquent.

C.     If a red alert clause, “Insurance in a Non‑Compliant State,” appears at the top of the “Maintain Operations Specifications” window in the OPSS, the “Review Insurance Info” selection can be used to view the details of the noncompliance. See the guidance document in association with OpSpec A001 that graphically explains this feature.

D.    If you have questions regarding a respective part 135 air carrier’s part 298 exemption authority status as displayed in the OPSS, you may contact one of the following by telephone or email:

1)      Katherine Tatum, (202) 267‑7897 (air carriers A‑D).
2)      George Ceffalo, (202) 267‑9814 (air carriers E‑N).
3)      Roy Robinson, (202) 267‑7773 (air carriers O‑Z).
4)      Cathy Howell, (907) 271-1308 (Alaska Region only).

Figure 3–67.   Red Alert Clause

Figure shows screenshot of the OPSS CHDO when insurance is in a non-compliant state.

Follow these steps to review the Title 14 of the Code of Federal Regulations (14 CFR) part 298 exemption authority status for the selected certificate holder:

1.   Select “Certificate Holder” from the automated Operations Safety System (OPSS) certificate‑holding district office (CHDO)—Maintain Operations Specifications menu bar.

2.   Select “Review Insurance Info” as shown below:

Figure shows a screenshot of a drop-down menu in the OPSS CHDO.

Insurance Information Screen:

3.   The Insurance Information screen (below) shows the three statuses for insurance policies:

Figure shows a screenshot of the insurance information screen in the OPSS CHDO.

·        Approved (Active)—The insurance policy is in effect and up to date.

·        Cancelled—The insurance policy is no longer in effect, and the certificate holder should not be operating.

·        Terminated—The insurance policy is no longer in effect, and the certificate holder should not be operating.

4.   When you have finished reviewing the information, click the “close” button at the bottom of the screen.

RESERVED. Paragraphs 3-719 through 3-733.


7/8/11                                                                                                                       8900.1 CHG 139

Volume 3 General Technical Administration

chapter 18 Operations Specifications

Section 3  Part A Operations Specifications—General

3-736           DISCUSSION. This section and Volume 3, Chapter 18, Sections 4, 5, and 6 discuss each standard template available for issuance by the automated Operations Safety System (OPSS), also known as the Web‑based automated Operations Safety System (WebOPSS). 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, 91 subpart K (91K), 121, 125 (including Letter of Deviation Authority (LODA) 125 subpart M (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.

Note:       All 300-series OpSpecs/MSpecs/training specs/LOAs (Parts A, B, C, D, E, and H) require approval by the appropriate headquarters (HQ) policy division. Title 14 CFR part 91K, 125, 125M, 133, 137, and 141 operators’ nonstandard operational requests must be approved by the General Aviation and Commercial Division (AFS‑800); parts 121, 135, and 142 nonstandard operational requests must be approved for issuance by the Air Transportation Division (AFS‑200); part 145 repair station and all airworthiness nonstandard requests must be approved by the Aircraft Maintenance Division (AFS‑300); and All Weather Operations (AWO) relating to instrument procedures must be approved by the Flight Technologies and Procedures Division (AFS‑400). Any additional provisions and/or authority added to an OpSpec/MSpec/training spec paragraph or LOA through the use of nonstandard text entered in the nonstandard text block (sometimes referred to as “Text 99”) must also be approved by the appropriate HQ policy division. For detailed guidance on the process for obtaining HQ approval for nonstandard authorizations, principal inspectors (PI) must read the guidance contained in Volume 3, Chapter 3, Section 2.

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.

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.

Air Carrier

Commuter

Rotorcraft

Common

119.25(a)

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

Air Carrier

On Demand

Rotorcraft

Common

119.25(b)

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

None

Fractional

Non Common

Part 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 or certificate holder to use specific make, model, and series (M/M/S) of airplanes in 14 CFR part 91 subpart K (91K), 121, 125, or 135 operations. Operations specification (OpSpec)/management specification (MSpec) A003 is populated with data from the “Maintain Operator Data—Aircraft” area of the automated Operations Safety System (OPSS). The only field that is populated within the A003 template is nonstandard text. If this field is used, the additional text must be coordinated and approved in accordance with Volume 3, Chapter 18, Section 2, paragraphs 3‑712 and 3‑713. In most cases, the A003 column labels match the data column labels in the “Maintain Operator Data—Aircraft” area of the OPSS. In contrast to OpSpec A001, OpSpec A003 does not identify the air carrier’s overall authority to conduct a particular kind of operation. Instead, it represents the Federal Aviation Administration’s (FAA) approval of the air carrier’s use of a particular airplane in carrying out the kinds of operations that are authorized. The column labeled “Type Section 119” reflects the 14 CFR part 119 operating authorization granted by the certificate holder’s Air Carrier/Operating Certificate. Volume 2, Chapter 2, Section 2, paragraph 2‑129 explains the hierarchy of part 119 authorizations. The rest of the set of OpSpec paragraphs are then put into place to authorize the air carrier to conduct specific types of operations in accordance with the authorizations and airplane identified in A001 and A003. The following provides terminology clarification and guidance on both the “A003” and the OPSS “Maintain Operator Data—Aircraft” columns. A003 templates do not use every data column available in OPSS “Maintain Operator Data—Aircraft.” A003 column usage will vary across 14 CFR parts. Each A003 has its columns organized to meet the needs of the 14 CFR part. The column descriptions below are not all‑inclusive and, therefore, not every column in every A003 template is described. The columns that are not described are self‑explanatory.

A.     M/M/S, Parts 91K, 121, 125, and 135. Select the authorized M/M/S using the aircraft 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 airplane listing can be updated.

B.     Type of Part 119 Common Carriage Operations. For each aircraft, list the type of operation authorized. This is accomplished in the OPSS “Maintain Operator Data—Aircraft” area. The authorization is aircraft‑specific. In some cases, more than one part 119 type of operation may be required for an M/M/S. When an A003 is generated, the data from OPSS “Maintain Operator Data—Aircraft” are loaded into the appropriate A003 columns. Part 119 section selections, in OPSS “Maintain Operator Data—Aircraft,” are part 119‑specific for each 14 CFR part. Examples of part 119 section selections for parts 121, 125, and 135 include the following:

1)      Selections available for part 121:

·        119.21(a)(1)—Domestic (D),

·        119.21(a)(2)—Flag (F),

·        119.21(a)(3)—Supplemental (S), and

·        119.21 (a)(1),(2),(3)—(D) (F) & (S).

Note:       In the cases where more than one type of part 121 operation is authorized for a particular airplane, the certificate holder/principal operations inspector (POI) should select “119.21(a)(1), (2), (3)—(D) (F) & (S)” in the column labeled “Type Section 119.” For example, an air carrier who operates a DC‑9‑82, N12121, in both domestic and international operations (lower 48 states and Canada), the certificate holder/POI should select “119.21(a)(1),(2),(3)—(D) (F) & (S).”

2)      Selections available for part 125/125 subpart M (125M) Letter of Deviation Authority (LODA):

·        119.23(a)—Private Carriage (non‑common carriage), and

·        119.23(a)—125M LODA (where common carriage is not involved).

3)      Selections available for part 135:

·        119.21(a)(4)—Commuter,

·        119.21(a)(5)—On–Demand,

·        119.23(b)—Private Carriage (non‑common carriage),

·        119.25(a)—Rotorcraft Commuter, and

·        119.25(b)—Rotorcraft On‑Demand.

C.     Passenger Seating Terminology Parts 121 and 125.

1)      Passenger seating terminology is derived from and associated with the emergency evacuation demonstrations requirements of 14 CFR part 25, § 25.803; part 121, § 121.291(a) and (b); and part 125, § 125.189. These terms are also consistent with the guidance in Volume 3, Chapter 30.
2)      For the purposes of part 121 and part 125 emergency evacuation demonstration requirements, the terms “capacity” and “configuration” have the same meaning with respect to passenger seating. An airplane with a seating capacity of more than 44 passengers requires a demonstration of emergency evacuation procedures in accordance with § 121.291 or 125.189.
3)      Certificated seats, as referenced in A003, is a term derived from the emergency evacuation certification requirements of § 25.803. This requirement establishes, by actual demonstration, the maximum certificated seating capacity of the airplane. Volume 3, Chapter 30, Section 9, includes Table 3‑121, which lists the maximum seating capacity for airplanes typically used in air carrier service. This list is to be considered the primary source document for Flight Standards Service (AFS) inspectors when determining maximum seating capacities. The listed maximum seating capacity values are derived from the airplane Type Certificate Data Sheets (TCDS).
4)      Demonstrated seats is the number of seats installed in the airplane at the time the certificate holder complied with § 121.291(a) or (b), or § 125.189(a) and (b). This seating configuration will determine the number of Flight Attendants (F/A) required by § 121.391 or 125.269.
5)      Installed seats refers to the actual seating configuration of the individual airplane.

Note:       For part 135 OPSS data entry, certificated seats refer to the maximum seating capacity stated in the aircraft TCDS. Installed seats are the seats actually installed in the individual aircraft. These OPSS data feed the 14 CFR part 298 insurance registration and coverage module.

6)      All‑cargo operations allow only passengers as defined in §§ 121.583(a) and 135.85. For all‑cargo operations, the number “0” shall be entered into the columns labeled “Certificated Seats,” and “Demonstrated Seats.”
7)      In passenger/cargo operations, the passenger seating guidance of paragraphs C1) through 4) above apply.

D.    Number of Flight Attendants, Parts 121 and 125. Enter the number of F/As used during the certificate holder’s emergency evacuation demonstration, required by § 121.291 or 125.189, for each airplane listed.

E.     Flight Attendant Part 135 (§ 135.107). Enter in the OPSS “Maintain Operator Data—Aircraft, Flight Attendant” column, the F/A requirement for each airplane. If the airplane is configured with more than 19 passenger seats, enter the number “1.” If the passenger seating configuration is 19 seats or fewer, enter the number “0.” There is not a “Number of Flight Attendants” column associated in the part 135 A003.

F.      Class of Operation. Enter the appropriate class of operation for each airplane listed. Enter only one class of operation for each airplane. The classes of operations are: Single‑Engine Land, Single‑Engine Sea, Multiengine Land, Multiengine Sea, and Helicopter.

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

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.

A.     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.

B.     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.

C.     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.

D.    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.

E.     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, PART 121 DOMESTIC OPERATIONS TO CERTAIN AIRPORTS OUTSIDE THE 48 CONTIGUOUS UNITED STATES AND ALASKA.

A.     General. Title 14 CFR part 119, § 119.3(2)(iv), definition of “domestic operation,” gives the Administrator the authority to allow a 14 CFR part 121 certificate holder with flag authority to conduct operations to and from specific airports outside the 48 contiguous United States and Alaska, in accordance with the rules applicable to domestic operations instead of the rules applicable to flag operations. Operations specification (OpSpec) paragraph A012 is the method that the Administrator uses to grant this authorization.

B.     Applicability. A012 is an optional OpSpec paragraph that is applicable to part 121 certificate holders who hold economic authority and are authorized in OpSpec paragraph A001 to conduct domestic and flag operations.

C.     Conditions and Limitations. The following are some of the key conditions and limitations that must be met in order for certificate holders to operate under the authority granted by OpSpec paragraph A012:

1)      The origin and destination airports must be listed in the certificate holder’s OpSpec paragraph C070 as a regular, provisional, or refueling airport. Although some certificate holders list alternate airports in their C070, part 121, § 121.631(a) specifically states, “A certificate holder may specify any regular, provisional, or refueling airport, authorized for the type of aircraft, as a destination for the purpose of original dispatch or release.”
2)      Destination airports outside of the contiguous United States that are not located in the state of Alaska must be within 950 nautical miles (NM) from the territorial limits of the 48 contiguous United States.
3)      An alternate airport for the destination must be listed in the dispatch release:
a)      If the flight is scheduled for more than 6 hours, regardless of the destination.
b)      For flights conducted to Alaska if the destination airport does not have more than one separate suitable runway authorized for the type of aircraft to be used.
4)      Certificate holders must comply with all regulations applicable to domestic operations when conducting operations in accordance with OpSpec paragraph A012.

Note:       Principal operations inspectors (POI) must ensure that certificate holders fully understand the provision in subparagraph C4), particularly when it comes to fuel planning. There are several OpSpecs paragraphs, such as B043, B044, and B343, which apply only to flag and supplemental fuel reserves. A certificate holder operating flights in accordance with the provisions of OpSpec A012 cannot apply any regulations or OpSpec paragraphs applicable to flag or supplemental operations. In other words, OpSpec A012 cannot be combined with OpSpecs such as B043, B044, and B343.

Note:       Please review the actual OpSpec paragraph A012 template in the Web‑based automated Operations Safety System (WebOPSS) to view the full authorization contained in the OpSpec, along with all of the conditions and limitations listed therein.

D.    Policies and Procedures. Certificate holders who are seeking approval for OpSpec A012 must have adequate policies, procedures, and training in place for dispatchers and flightcrew members to ensure that flights are scheduled, planned, and released in accordance with all of the limitations and provisions of OpSpec A012.

E.     If Conditions Cannot Be Met. If all of the limitations and provisions contained in OpSpec paragraph A012 cannot be met, the certificate holder is prohibited from conducting operations in accordance with its use and must conduct operations in accordance with flag rules.

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.

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

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, Sections 1–4 give details of the requirements for approving an air carrier’s recordkeeping system.
3)      Volume 6, Chapter 2, Section 24 provides guidance for inspections that include the review of required records.

B.     Additional Information. See the A025 job aid in the automated Operations Safety System (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.

a.       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.

b.      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.

c.       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.

a.       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).

b.      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.

c.       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:

a.       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.

b.      The surface must be unheated.

c.       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:

a.       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.

b.      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:

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

b.      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.

c.       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):

a.       Deicing/anti‑icing prior to crew arrival.

b.      Gate or remote deicing/anti‑icing procedures.

c.       Aircraft‑specific procedures.

d.      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:

a.       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.

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

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

d.      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.

a.       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.”

b.      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:

a.       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.

b.      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.

c.       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.

d.      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.

e.       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:

a.       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.

b.      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).

c.       Location specific deicing/anti‑icing procedures (F/G, as appropriate).

d.      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.

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

f.        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).

g.       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.

h.       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.

i.         Pretakeoff Check Requirement (F/G). Identification of representative surfaces.

j.        Pretakeoff Contamination Check Requirement (F/G). Communications.

k.      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

 

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

 

Table 3‑6D.    Operations Specification A048 Manual Procedures Checklist (continued)

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. Reserved.

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.     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.

D.    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.

E.     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).

F.      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/LOA A061, USE OF ELECTRONIC FLIGHT BAG.

A.     Applicability. Paragraph A061 is an optional authorization available to all operators conducting airplane operations under 14 CFR parts 91 subpart K (part 91K), 121, 125 (the Letter of Deviation Authority (LODA) 125 operators), and 135. Paragraph A061 authorizes the use of Class 1, Class 2, and/or Class 3 Electronic Flight Bags (EFB), and describes the conditions and limitations for EFB use.

Note:       Questions regarding the issuance of OpSpec/MSpec/LOA A061 should be directed to the Flight Technologies and Procedures Division (AFS-400) at 202‑385-4743, the Air Transportation Division (AFS-200) at 202-267-8166, or the General Aviation and Commercial Division (AFS-800) at 202-267-8212.

B.     General. Aviation safety inspectors (ASI) and Aircraft Evaluation Groups (AEG) will no longer approve Class 1 and 2 EFB hardware and associated Type A and B application software. Instead, ASIs may authorize the use of Class 1 or 2 EFB devices, including those Class 2 EFBs containing Type C application software meeting requirements of the current edition 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 parts 91K, 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 Flight Standardization Board (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 (OSR) for the particular EFB.

C.     Background. Advisory Circular (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 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.

D.    Guidance.

1)      The authorization to use an EFB is optional and applicable to operators conducting operations under parts 91K, 121, 125 (including LODA 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.)
2)      Use A061 Table 1 for authorizing the use of a Class 1 EFB with Type “B” software installed or any Class 2 or 3 EFB. OpSpec/MSpec/LOA A061 will be used to document the aircraft make, model, and series (M/M/S), the EFB hardware class, manufacturer, model, software type, source, and revision number. Compliance with the requirements of OpSpec/MSpec/LOA A061 should be validated during routine inspections of the operator before it is issued.
3)      ASIs and AEGs are not responsible for approving Class 1 and 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. OSRs are available at http://fsims.avs.faa.gov under “Publications,” “MMEL & AEG Guidance Documents,” “Flight Standardization Board (FSB) Reports.” ASIs should ensure that an operator complies with these reports when they are available for a particular EFB.
4)      Class 1 and 2 EFB devices. A061 provides standardized text for the use of Class 1 and 2 EFB devices. The following is applicable for authorizing the use of Class 1 and 2 EFB devices:
a)      Class 1 and/or 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 the 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 user’s 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 2 EFB device is authorized for use, the ASI must enter the appropriate EFB information into 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.
5)      Aircraft Certification Service (AIR) must provide design, installation, and airworthiness approval for Class 3 EFB hardware that 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 the current edition of 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 EFB software in their manuals. Software version  control is accomplished by using Table 1 in OpSpec/MSpec/LOA A061.
c)      If Type A or 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.
6)      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 the 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 versus dual pilot, single EFB versus dual EFB; and

·        Weather conditions: Visual versus instrument; very-low visibility.

E.     Inspector Action. ASIs will review this section and provide pertinent information to the affected operators. 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 subparagraph E3) below.
2)      If the operator has OpSpec A025 issued for electronic recordkeeping systems without the use of an EFB, it is not necessary to reissue 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 a Class 1, 2, or 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 an EFB is authorized to be used, the table in A061 should be appropriately filled out. 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 A317, ACCEPTANCE OF A FATIGUE RISK MANAGEMENT PLAN (FRMP).

A.     General. On August 1, 2010, the President signed Public Law (PL) 111‑216, referred to as the Airline Safety and Federal Aviation Administration (FAA) Extension Act of 2010, which focuses on improving aviation safety. Section 212(b) of the Act requires each air carrier conducting operations under Title 14 of the Code of Federal Regulations (14 CFR) part 121 to develop, implement, and maintain a Fatigue Risk Management Plan (FRMP). The FRMP is an active plan specific to the air carrier’s type of operations that describes, through its policies and procedures, methods for managing and mitigating fatigue to improve flightcrew alertness and reduce performance errors. An FRMP is a management plan for addressing the potential effects of day‑to‑day flightcrew member fatigue associated with the air carrier’s specific type of operations. The air carrier’s FRMP should reflect its appropriate fatigue mitigation strategies applicable to its operations. For specific information on a FRMP, see Volume 3, Chapter 58, Section 1.

B.     Review and Acceptance Process. The Air Transportation Division, AFS‑200, is responsible for reviewing and either accepting or rejecting the air carrier’s FRMP. For specific procedures on the FRMP review and acceptance process, refer to Volume 3, Chapter 58, Section 1.

C.     OpSpec Issuance. The issuance of OpSpec A317 requires headquarters (HQ) approval.

1)      The FAA will issue OpSpec A317 to each part 121 air carrier signifying its FRMP has been reviewed and has been determined to be acceptable. The maximum duration of the OpSpec is 24 calendar‑months from the date of issuance and will be reflected on the air carrier’s OpSpec A317. Therefore, at a minimum, each part 121 air carrier must submit an amended draft FRMP for review every 24 calendar‑months.
2)      The POI will be responsible for issuing OpSpec A317 upon receiving approval from AFS‑200, and will incorporate the applicable text into the OpSpec as specified in the approval memo issued by AFS‑200. For specific guidance on issuing OpSpec A317, refer to Volume 3, Chapter 58, Section 1.

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.

Change Bar. OPSPEC A354. Reserved for United Airline use only.

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.


9/1/11                                                                                                                       8900.1 CHG 139

Volume 3 General Technical Administration

chapter 18 Operations Specifications

Section 3  Part A Operations Specifications—General

3-736           DISCUSSION. This section and Volume 3, Chapter 18, Sections 4, 5, and 6 discuss each standard template available for issuance by the automated Operations Safety System (OPSS), also known as the Web‑based automated Operations Safety System (WebOPSS). 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, 91 subpart K (91K), 121, 125 (including Letter of Deviation Authority (LODA), 125 subpart M (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.

Note:       All 300‑series OpSpecs/MSpecs/training specs/LOAs (Parts A, B, C, D, E, and H) require approval by the appropriate headquarters (HQ) policy division. Title 14 CFR part 91K, 125, 125M, 133, 137, and 141 operators’ nonstandard operational requests must be approved by the General Aviation and Commercial Division (AFS‑800); parts 121, 135, and 142 nonstandard operational requests must be approved for issuance by the Air Transportation Division (AFS‑200); part 145 repair station and all airworthiness nonstandard requests must be approved by the Aircraft Maintenance Division (AFS‑300); and All Weather Operations (AWO) relating to instrument procedures must be approved by the Flight Technologies and Procedures Division (AFS‑400). Any additional provisions and/or authority added to an OpSpec/MSpec/training spec paragraph or LOA through the use of nonstandard text entered in the nonstandard text block (sometimes referred to as “Text 99”) must also be approved by the appropriate HQ policy division. For detailed guidance on the process for obtaining HQ approval for nonstandard authorizations, principal inspectors (PI) must read the guidance contained in Volume 3, Chapter 3, Section 2.

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.

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

119.23(b)

(Part 135)

Ltd. to holding out to public

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.

Non Common

# of Contracts

(Definitions)

119.23(b)(3)

Air Carrier

Commuter

Rotorcraft

Common

119.25(a)

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

Air Carrier

On Demand

Rotorcraft

Common

119.25(b)

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

None

Fractional

Non Common

Part 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 or certificate holder to use specific make, model, and series (M/M/S) of airplanes in 14 CFR part 91 subpart K (91K), 121, 125, or 135 operations. Operations specification (OpSpec)/management specification (MSpec) A003 is populated with data from the “Maintain Operator Data—Aircraft” area of the automated Operations Safety System (OPSS). The only field that is populated within the A003 template is nonstandard text. If this field is used, the additional text must be coordinated and approved in accordance with Volume 3, Chapter 18, Section 2, paragraphs 3‑712 and 3‑713. In most cases, the A003 column labels match the data column labels in the “Maintain Operator Data—Aircraft” area of the OPSS. In contrast to OpSpec A001, OpSpec A003 does not identify the air carrier’s overall authority to conduct a particular kind of operation. Instead, it represents the Federal Aviation Administration’s (FAA) approval of the air carrier’s use of a particular airplane in carrying out the kinds of operations that are authorized. The column labeled “Type Section 119” reflects the 14 CFR part 119 operating authorization granted by the certificate holder’s Air Carrier/Operating Certificate. Volume 2, Chapter 2, Section 2, paragraph 2‑129 explains the hierarchy of part 119 authorizations. The rest of the set of OpSpec paragraphs are then put into place to authorize the air carrier to conduct specific types of operations in accordance with the authorizations and airplane identified in A001 and A003. The following provides terminology clarification and guidance on both the “A003” and the OPSS “Maintain Operator Data—Aircraft” columns. A003 templates do not use every data column available in OPSS “Maintain Operator Data—Aircraft.” A003 column usage will vary across 14 CFR parts. Each A003 has its columns organized to meet the needs of the 14 CFR part. The column descriptions below are not all‑inclusive and, therefore, not every column in every A003 template is described. The columns that are not described are self‑explanatory.

A.     M/M/S, Parts 91K, 121, 125, and 135. Select the authorized M/M/S using the aircraft 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 airplane listing can be updated.

B.     Type of Part 119 Common Carriage Operations. For each aircraft, list the type of operation authorized. This is accomplished in the OPSS “Maintain Operator Data—Aircraft” area. The authorization is aircraft specific. In some cases, more than one part 119 type of operation may be required for an M/M/S. When an A003 is generated, the data from OPSS “Maintain Operator Data—Aircraft” are loaded into the appropriate A003 columns. Part 119 section selections, in OPSS “Maintain Operator Data—Aircraft,” are part 119‑specific for each 14 CFR part. Examples of part 119 section selections for parts 121, 125, and 135 include the following:

1)      Selections available for part 121:

·        119.21(a)(1)—Domestic (D),

·        119.21(a)(2)—Flag (F),

·        119.21(a)(3)—Supplemental (S), and

·        119.21 (a)(1),(2),(3)—(D) (F) & (S).

Note:       In the cases where more than one type of part 121 operation is authorized for a particular airplane, the certificate holder/principal operations inspector (POI) should select “119.21(a)(1), (2), (3)—(D) (F) & (S)” in the column labeled “Type Section 119.” For example, an air carrier who operates a DC 9 82, N12121, in both domestic and international operations (lower 48 states and Canada), the certificate holder/POI should select “119.21(a)(1),(2),(3)—(D) (F) & (S).”

2)      Selections available for part 125/125 subpart M (125M) Letter of Deviation Authority (LODA):

·        119.23(a)—Private Carriage (non common carriage), and

·        119.23(a)—125M LODA (where common carriage is not involved).

3)      Selections available for part 135:

·        119.21(a)(4)—Commuter,

·        119.21(a)(5)—On–Demand,

·        119.23(b)—Private Carriage (non common carriage),

·        119.25(a)—Rotorcraft Commuter, and

·        119.25(b)—Rotorcraft On Demand.

C.     Passenger Seating Terminology Parts 121 and 125.

1)      Passenger seating terminology is derived from and associated with the emergency evacuation demonstrations requirements of 14 CFR part 25, § 25.803; part 121, §§ 121.291(a) and (b); and part 125, § 125.189. These terms are also consistent with the guidance in Volume 3, Chapter 30.
2)      For the purposes of part 121 and part 125 emergency evacuation demonstration requirements, the terms “capacity” and “configuration” have the same meaning with respect to passenger seating. An airplane with a seating capacity of more than 44 passengers requires a demonstration of emergency evacuation procedures in accordance with § 121.291 or 125.189.
3)      Certificated seats, as referenced in A003, is a term derived from the emergency evacuation certification requirements of § 25.803. This requirement establishes, by actual demonstration, the maximum certificated seating capacity of the airplane. Volume 3, Chapter 30, Section 9, includes Table 3‑121, which lists the maximum seating capacity for airplanes typically used in air carrier service. This list is to be considered the primary source document for Flight Standards Service (AFS) inspectors when determining maximum seating capacities. The listed maximum seating capacity values are derived from the airplane Type Certificate Data Sheets (TCDS).
4)      Demonstrated seats is the number of seats installed in the airplane at the time the certificate holder complied with § 121.291(a) or (b), or § 125.189(a) and (b). This seating configuration will determine the number of Flight Attendants (F/A) required by § 121.391 or 125.269.
5)      Installed seats refers to the actual seating configuration of the individual airplane.

Note:       For part 135 OPSS data entry, certificated seats refer to the maximum seating capacity stated in the aircraft TCDS. Installed seats are the seats actually installed in the individual aircraft. These OPSS data feed the 14 CFR part 298 insurance registration and coverage module.

6)      All cargo operations allow only passengers as defined in §§ 121.583(a) and 135.85. For all‑cargo operations, the number “0” shall be entered into the columns labeled “Certificated Seats” and “Demonstrated Seats.”
7)      In passenger/cargo operations, the passenger seating guidance of paragraphs C1) through 4) above apply.

D.    Number of Flight Attendants, Parts 121 and 125. Enter the number of F/As used during the certificate holder’s emergency evacuation demonstration, required by § 121.291 or § 125.189, for each airplane listed.

E.     Flight Attendant Part 135 (§ 135.107). Enter in the OPSS “Maintain Operator Data—Aircraft, Flight Attendant” column, the F/A requirement for each airplane. If the airplane is configured with more than 19 passenger seats, enter the number “1.” If the passenger seating configuration is 19 seats or fewer, enter the number “0.” There is not a “Number of Flight Attendants” column associated in the part 135 A003.

F.      Class of Operation. Enter the appropriate class of operation for each airplane listed. Enter only one class of operation for each airplane. The classes of operations are: Single‑Engine Land, Single‑Engine Sea, Multiengine Land, Multiengine Sea, and Helicopter.

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

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.

A.     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.

B.     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.

C.     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.

D.    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.